Monday, August 14, 2017
Today's Equipment Leasing Headlines
Job Wanted – Collections
Work Remotely or Relocate for Right Opportunity
Top Stories: August 7 - August 11
(Opened Most by Readers)
Release of Usury Claims Held to be Ineffective
By Tom McCurnin, Leasing News Legal Editor
Leasing #102 by Mr. Terry Winders, CLFP
Website Rates “Walking Score”
Also Suggests Rents and Home Purchase Areas, too
Electric Charging Stations by Country
By Niall McCarthy, Statista
Banker Sentenced To Prison for Fraud Scheme at Bank
Where TARP Suffered $31.5 Million TARP Loss
Hound/Mixed - Baby Female
Elmsford, New York Adopt a Dog
Leasing News Classified Ads
Silicon Valley stalls hiring of foreign tech workers
Employer requests to interview candidates fall 37%
Apple financing assists businesses seeking update equipment
Using CIT Direct with Operating Leases
10 Drool-Worthy New High-Performance Trucks
"passenger vehicles sold US...62% are trucks"
Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months
www.leasingcomplaints.com (Be Careful of Doing Business)
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You May have Missed---
California Nuts Brief---
"Gimme that Wine"
This Day in American History
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Job Wanted – Collections
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Seasoned Risk and Portfolio Management professional with strong Collections, Workouts, Portfolio Management, Underwriting, Process Improvement and Credit Management background. Deep expertise in risk management and portfolio management within a regulated and compliance-driven banking environment. Partners with senior leadership to identify business risks and determine business strategy based on market and industry trends. Leads initiatives to improve efficiency and mitigate risk. Leverages business acumen and expertise gained through experience across multiple industries, including industrial, consumer and financial services, to develop and implement solutions, improve profits and reduce losses. Significant large-scale project management experience.
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Top Stories: August 7 - August 11
(Opened Most by Readers)
(1) Class Action/Ascentium Settlement Discussions
By Christopher Menkin
(2) Not Brought Forward in Marlin Press Release
Marlin Business Services 10Q Quarter Ending June 30, 2017
(3) New Hires/Promotions in the Leasing Business
and Related Industries
(4) Correction—New Hires: Lynn Sciog
In Case Missed Update in Friday’s News Edition
(5) Tax Liens, Foreclosure & Embezzlement
"How We Saved a Tow Truck Company"
(6) Story Credit Lessors – Lenders’ List
"C" & "D" Lessees, Business Loans, Working Capital
(7) Sales Makes it Happen by Christopher Menkin
Cold Calling---Part I
(8) OnDeck joins
Commercial Alternative Finance Company List
(9) Leasing #102 by Mr. Terry Winders, CLFP
Sales Record Keeping for the Salesperson
(10) The Long Drought in Small Business Lending
By William Phelan, President and Co-Founder, PayNet
Release of Usury Claims Held
to be Ineffective in California
by Tom McCurnin
Leasing News Legal Editor
In Dispute Between Lender and Borrower, a General Release Is Not Effective
to Release Usury Claims on the Grounds of Public Policy
Hardwick v. Wilcox 11 Cal.App.5th 975 (2017).
Here is a case which will send shivers up the spine of any lender’s lawyer drafting a settlement agreement—the general release you just had signed will not release claims of usury by the borrower in California. The facts follow.
Borrower James Hardwick borrowed a lot of money from Lender Albert Wilcox, with interest rates running in the neighborhood of 12%. The Lender did not have an exemption from usury, such as a California Lender’s License.
Some of the loans were secured by a deed of trust (mortgage) on Hardwick’s commercial property. When Hardwick fell behind, the Lender commenced foreclosure proceedings against the commercial property.
When the Hardwick requested more time to pay, the parties entered into a forbearance agreement which contained a general release. The release also contained a release of future unknown claims, which is allowed under California statutory law, called an “1152 waiver.”
Nine months later, the Borrower commenced a lawsuit against the Lender to recover excess interest. The Lender of course, moved to dismiss the suit attaching the general release of present and future claims. Quite frankly, it would seem that the Lender would have the upper hand here.
Surprisingly, the trial court held that the general release, which did not specifically mention usury claims, was not made in anticipation of usury claims. Therefore, the trial court ruled that the release did not release usury claims. Moreover, any release of a usury claim would be invalid, as against public policy. The court then granted a judgment in favor of the Borrower against the Lender for $227,235.83 in illegal interest (over the 10% cap) during the two year statute of limitations for such claw backs. Normally I would consider the ruling to be an aberration, easily corrected by an appeal to the California Court of Appeals.
On appeal, the Court of Appeal affirmed. The court held that the general release was ineffective to release usury claims for a number of reasons. First, the forbearance agreement obligated the Borrower to make further payments to the Lender, which were also usurious. The court ruled that this release violated public policy. Second, assuming the public policy considerations could be overlooked, the release itself did not mention usury, nor was there any claim for usury contemplated or made at the time the release was signed, so it was not a knowing waiver of rights.
What are the takeaways here?
• First, get a lender’s license or other exemption. I realize that bank loans are sometimes hard to get and private financing is becoming more prevalent, but honestly, if the Lender is making that kind of million dollar loans, it needs to be licensed or procure another type of exemption.
• Second, I’m not sure the lender’s lawyer screwed up here. It would be easy to blame the lender’s lawyer here, but the way the opinion reads, there is little that could have been done to salvage this settlement. The only thing I can think of is to reduce the interest the rate on the obligations below 10% on a going forward basis and to offer some type of credit. This assumes the Lender’s lawyer should have anticipated a usury claim, and I’m not sure that most lenders’ counsel would, or should do so.
• Third, I’m not sure I would have seen this coming to settle this case. I’m a big fan of quantifying risk and figuring out a way to throw money at problems to make them go away, but I’m not sure I would have seen this coming. Perhaps simply waiting a year or two to enforce the claims would have worked—as noted above the claw back has a two year limitation.
The bottom line to this case is that it is a bit of a head scratcher. Any lender making loans in excess of 10% should engage competent counsel to determine whether a Lender’s License is required. Assuming the lender has already made those loans, competent counsel should be engaged to determine how the loans should be enforced
Hardwick Wilcox (20 pages)
Tom McCurnin is a partner at Barton, Klugman & Oetting
in Los Angeles, California.
Barton, Klugman & Oetting
350 South Grand Ave.
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at www.bkolaw.com
Previous Tom McCurnin Articles:
Previous Tom McCurnin Articles:
Definition: Usury is defined as the act of lending money at an unreasonably high interest rate; this rate is defined at the state level. Repayment of loans or leases (under Article 9) at a usurious rate makes repayment excessively difficult to impossible for borrowers. This is also called "loan sharking" or "predatory lending".
Usury has recently come back into legal conversations due to the emergence of payday loans and sub-prime lending. These types of loans are aimed at those who are at greater risk of defaulting, those with lower incomes. However, usury is beginning to be applied in many States to leases that fail to be true leases under Article 2A and fall into Article 9.
The usury laws, predatory lending, and loan sharking rules use to apply more to local banks. Since the passing of a federal law stating that the state usury laws do not apply to banks that label themselves with the words "national", these banks have been able to offer loans above the state usury limit. These "national" banks are allowed to apply interest rates a number of points higher than the Federal Reserve Discount Rate. The Federal Reserve Discount Rate is the rate banks get when borrowing directly from the Federal Reserve Bank for short term funds.
There are a number of different lending tactics that are considered predatory lending or leasing. Some lessor’s dispute whether these are unethical, often citing that lessees have choices of who they get their leases from.
Below are the most common practices labeled "predatory".
Fees & lease rate. Common complaints on predatory lending and leasing involve fees incurred which are not included in the lease rate. Lessees may not know they have a no-fee lease line of credit, or may not be able to get a no-fee lease line of credit. Lessors may take advantage of this by offering a reasonable lease rate, but tacking on a fee. The lease rate may appear attractive, but the fee is not considered in the lease rate, if it were the rate would appear significantly higher.
Risk-based leasing: This is the practice of charging higher lease rates to the lessees who are labeled as high-risk, meaning there is a higher risk that the lessee will not be able to pay back the lease and thus default. Lessors argue they need the higher lease rates in order to offset the losses from those that default. Business groups, however, counter that the higher lease rates themselves make it more difficult for the individuals to pay back the lease, and the lessors are simply price-gouging.
Key Man Insurance: Lessor’s will push single premium key man insurance stating that the insurance will pay off the lease if the owner passes away. The cost of the insurance is often added to the lease, making it more appealing since it does not have to be paid in one lump sum. This makes the lease more expensive, and compounds the interest of the insurance over the life of the lease.
It is difficult to understand the usury laws of most States but it is becoming imperative that commercial equipment leasing companies check with legal counsel on the limits and requirements it the States that they operate. The most common limit seems to be 5 points above the federal discount rate. $1 out leases and bargain purchase option leases are under attack in an ever increasing number of States and it is only going to get worse. So check before you lease in a new State because in some States in is a felony if the lease rate is twice the usury rate. It also changes fairly often so you need to stay on top of it if you are not into true leasing. Remember true leases with high purchase options or no purchase options are not affected by usury.
Terry is now retired. The above is from a prior column which appears current today.
Previous #102 Columns:
Website Rates “Walk Score”
Also Suggests Rent and Home Purchase Areas, too
Find out your walk score in comparison to other neighborhoods, as well as "helping people find walkable places to live with easy access to the people and places they love". Traveling by walking, bike, bus, or driving as well as commute times.
Walk Score measures the walkability of any address. It is free. It assigns a numerical walkability score to any address in the United States, Canada, and Australia
See all the options, such as where to get a better commute and live near the people and places that may fit your lifestyle by rent or buying a home.
Electric Charging Stations by Country
By Niall McCarthy, Statista
Driving through Norway is always an impressive experience. The scenery is spectacular, with deep blue fjords surrounded by snow-capped mountains that are home to countless cascading waterfalls. Something else that will probably take your breath away is the sheer number of Tesla's and other electric vehicles on the country's roads. Over a third of new cars sold in Norway are fully electric or plug-in hybrid, more than 10 times the proportion of the United States.
The shift away from petrol and diesel vehicles in Norway is happening at lightning speed. The transition is being driven by generous government incentives such as free use of car ferries to cross all those fjords, use of bus lanes and free charging. Most importantly, electric cars are exempt from car-purchase tax and the 25 percent sales tax on nearly all Norwegian goods. That has all bode well for Tesla who sold 4,000 cars in Norway in 2015. That made it the company's second biggest market after the USA.
The following infographic shows how Norway is leading Tesla's charge. In terms of the sheer number of superchargers, the U.S. is out in front with 380, according to the website supercharge.info. However, when it comes to chargers per million inhabitants, the story is different. Norway has 6.3 Tesla superchargers per million of its people while the U.S. has 1.2.
##### Press Release ############################
Banker Sentenced To Prison for Fraud Scheme at Bank
Where TARP Suffered $31.5 Million TARP Loss
Defendant helped three previously-sentenced codefendants fraudulently obtain over $2.1 million from PBI Bank.
A former Vice President of PBI Bank in Lexington, Kentucky was sentenced to two years in federal prison after pleading guilty to helping three other people defraud the bank.
U.S. District Judge Danny C. Reeves sentenced Joseph Tobin, age 45, for six counts of aiding and abetting bank fraud and one count of bank fraud. Judge Reeves had previously sentenced Daniel Sexton to 109 months, Jonathan Williams to 60 months, and Sheila Flynn to 24 months of imprisonment for their roles in the fraud. Sexton, Williams, and Flynn are currently serving their sentences in federal prisons after pleading guilty.
"Joseph Tobin, a former vice president at TARP recipient PBI bank, was sentenced to prison for taking part in a bank fraud scheme while the bank was in TARP," said Christy Goldsmith Romero, Special Inspector General for TARP. "The conspiracy led to the loss of $2.2 million for PBI bank. Taxpayers suffered a loss of $31.5 million on the TARP investment in this bank along with missed dividend payments totaling more than $6.5 million."
According to their guilty pleas, Sexton and Williams owned and operated several mobile home businesses in Georgetown, Kentucky. Flynn worked at those businesses as an office manager. Tobin was a Vice President at PBI Bank in Lexington, which was receiving funds through the Troubled Assets Relief Program at the time of the offense.
Sexton, Williams, and Flynn conspired together to obtain various bank loans using false corporate accounting records, false tax records, and false appraisals for assets such as a private plane. They also failed to disclose debts they owed to others in their loan applications. Tobin knew that the loan applications were fraudulent but approved them anyway.
Sexton and Williams also recruited other people to take out loans from PBI Bank then direct the money to them. Tobin approved these loans even though he knew that Sexton and Williams were the true borrowers. Tobin also set up a straw loan for another borrower.
In addition to their prison sentences, Judge Reeves ordered the four defendants to pay restitution to four victimized banks. Sexton and Williams were each ordered to pay over $2.6 million in restitution, Tobin is responsible for $185,001 and Flynn for over $1.4 million.
Christy Goldsmith Romero, Special Inspector General for TARP; Carlton S. Shier, IV, Acting U.S. Attorney for the Eastern District of Kentucky; Amy S. Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly announced the sentence. Assistant U.S. Attorney Dmitriy Slavin represented the United States.
The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) is a federal law enforcement agency that targets financial institution crime and is an independent watchdog protecting taxpayer dollars. As of June 30, 2017, SIGTARP investigations have resulted in the recovery of $10 billion to the government and 222 defendants sentenced to prison.
### Press Release ############################
Hound/Mixed - Baby Female
Elmsford, New York Adopt a Dog
"Snickerdoodle is as scrumptious at the cookie! She is the friendliest puppy, sweet as can be. She knows her siblings have found their forever homes, and now she's ready for hers. She has the cutest face you will ever see!!! Fill out our dog adoption application online at pawscrossedny.org
"The Shelter software system requires that we choose a predominant breed or breed mix for our dogs. Visual breed identification in dogs is unreliable so for most of our dogs we are only guessing at predominant breed or breed mix. We encourage you to select your new companion by considering each dog's individual personality and pet qualities instead of relying on a breed label that is only a guess."
More about Snickerdoodle
Up-to-date with vaccinations
Good with cats
Good with dogs
Good with kids
Adopting a Pen
Paws Crossed Animal Rescue Inc.
PO Box 970
Elmsford, NY 10523
Adopt a Pet
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This Day in American History
1760 - The first Methodist preacher, Philip Embury, arrived in New York City on the Perry, which carried 70 passengers, half of whom were Methodists. With the assistance of Barbara Heck, he organized the first Methodist Society in America in 1776.
1806 – While hunting for elk along the Missouri River, Meriwether Lewis is shot in the hip, probably by one of his own men. Meriwether Lewis and William Clark had embarked on their epic journey to the Pacific two years earlier. The near-sighted Cruzatte probably mistook the leather-clad Lewis for an elk, though it is unlikely the private’s guilt will ever be proven with absolute certainty. His wound was not serious, but Lewis spent the next several days lying face down in the bottom of a canoe as the party proceeded down river. The following day, they caught up with Clark. By the time they reached St. Louis on September 23, Lewis’ wound had healed and the excitement of homecoming overshadowed the event.
1807 - Birthday of David R. Atchison (d. 1886), Frogtown, KY. Missouri legislator who was President of the US for one day. Atchison's strong pro-slavery opinions made his name prominent in legislative debates. He served as President Pro Tempore of the Senate a number of times, and he became president of the US for one day on Sunday, Mar 4, 1849, pending the swearing in of President-elect Zachary Taylor the next day. The city of Atchison, KS, and the county of Atchison, MO, are named for him.
1841 - Having escaped from slavery only three years earlier, Frederick Douglass was legally a fugitive when he first spoke before an audience on this day. At an antislavery convention on Nantucket Island, Douglass spoke simply but eloquently about his life as a slave. His words were so moving that he was asked to become a full-time lecturer for the Massachusetts Anti-Slavery Society. Douglass became a brilliant orator, writer and abolitionist who championed the rights of blacks as well as the rights of all humankind. http://www.history.rochester.edu/class/douglass/home.html
1860 - Nevada is known as the “Silver State” as the first silver mill to treat sliver ore successfully and the first reducing mill to treat ore-bearing quartz was established by the Washoe Gold and Silver Mining Company, No. 1, near Virginia City, Nevada. The mill operated by waterpower, was built by Almarin B. Paul, who began construction work on May 25, 1860, and completed it on August 9, 1860. It consisted of 24 stamps that began to crush on August 11, 1860.
1861 - The first US Senator to address the Senate in military uniform was Edward Dickinson Baker, Republican of Oregon. He was drilling his regiment at Meridian Hill when he was summoned to refute Senator John Breckinridge, Democrat of Kentucky, who was speaking against a proposal to send troops against the South. Baker did not have time to change into civilian attire, but removed his sword prior to delivering his speech. Baker City and County were named for London-born Edward Dickinson Baker, a Disciple minister. E.D. Baker had been converted to Christ at the Carrolton Church in Greene County, Illinois. Baker held many roles. He defeated Abraham Lincoln in a primary election in 1842. Baker and Lincoln were friends and the Lincolns named their second son Edward Baker Lincoln in honor of E. D. Baker. He came to Oregon in 1860 and campaigned for Lincoln. Later, becoming United States senator from Oregon, Baker introduced Lincoln at his first inaugural. He was killed at the battle of Balls Fluff, VA, on October 21, 1861.
1862 - Birthday of songwriter Carrie Jacobs Bond (d. 1946), Janesville, WI. She had been left a penniless widow with a baby son, earning her living running a boarding house and painting china. She supplemented her income by giving recitals in private homes. Her growing popularity gave her courage to start her own publishing company. Using borrowed money, the Carrie Jacobs-Bond and Son Publishing Company became highly successful printed the sheet music to her songs. Wildly popular in her day, the perennial favorite "I Love You Truly" made her a wealthy woman but it was "When You Come to the End of a Perfect Day" that was the most popular of all, selling more than 5 million copies of the sheet music. She wrote about 400 songs and published slightly less than half. Her autobiography is “The Roads of Melody” (1927).
1864 – Among the earliest recorded games in organized baseball, the Brooklyn Atlantics finished a 4-game series in Philadelphia‚ beating the Athletics‚ 43-16. The visitors whipped Camden‚ 64-10, on the 8th‚ beat the Keystone Club‚ 65-10, on the 9th‚ and won, 58-11, over the 30-year-old Olympic Club yesterday.
1874 - Harry S. Parmelee of New Haven, Connecticut got a patent for the sprinkler head.
1885 - $100,000 raised in U.S. for pedestal for Statue of Liberty
1896 - The pull-chain electric-light socket was patented by Harvey Hubbell of Bridgeport, Connecticut.
1897 - Birthday of poet Louise Bogan (d. 1970), Livermore Falls, ME. Chairman of poetry at the Library of Congress, poetry critic for New Yorker magazine for 37 years (1931-1969), and a distinguished poet in her own right. Her final collection, “The Blue Estuaries: Poems, 1923-1968” (1968) presents her finest work.
1904 - Pianist Jess Stacy (d. 1995) birthday, Cape Girardeau, MO. “Sing, Sing, Sing” soloist.
1907 - St. Louis Cardinal pitcher Ed Karger pitches a 7 inning perfect game vs the Boston Braves, 4-0.
1909 - The first United States ship to use the "SOS" radio distress call was made by Theodore D. Hauber on the Clyde liner "Arapahoe," a single-screw freight and passenger steamer of some 3,000 tons, bound for Charleston, SC, and Jacksonville, FL, from New York City. The first distress signal used was the “CQ” for “stop sending and listen.” Its engines were disabled 21 miles southeast of Diamond Shoals, off Cape Hatteras at 3:45pm. The SOS was first heard and acknowledged by R.J. Vosburg, wireless operator at station HA in Cape Hatteras, NC.
1908 - Birthday of clarinetist Russell Procope (d. 1981), NYC. He was Duke Ellington’s alto clarinetist for 28 years.
1911 - Duke Kahanamoku breaks the world record in the 100-yard free-style swim by 4.6 seconds in Honolulu Harbor, Hawaii.
1912 - In an 8-3 win over the New York Highlanders, Cleveland’s Shoeless Joe Jackson became the second American Leaguer to steal home twice in a game. He stole home in the 1st inning‚ and then in the 7th‚ he stole second base‚ third‚ and home.
1921 - Birthday of author Alex Haley (d. 1992), Ithaca, New York. He was raised by his grandmother at Henning, Tennessee, and entered the US Coast Guard in 1939 serving as a cook. He eventually became a writer and college professor. His interview with Malcolm X for Playboy magazine led to his first book, " The Autobiography of Malcolm X," which sold six million copies and was translated into eight languages (it was an excellent, moving biography of a man I interviewed several times as a newsman; he was quite an "electric" interview). His Pulitzer Prize-winning novel published in 1976, “Roots,” sold millions, was translated into 37 languages, and was made into a celebrated eight-part TV miniseries in 1977, holding the first top ratings of any such series, generating interest in all human ancestry.
1922 - Birthday of Mavis Gallant (d. 2014), Montreal. Canadian short story writer and novelist. Although she settled in France, she considered herself primarily a Canadian. She traveled widely. Most of her short stories were published in The New Yorker magazine… "Green Water, Green Sky," "A Fairly Good Time," and "Home Truths" are considered her best stories.
1924 - First newsreel pictures of presidential candidates were taken.
1925 - Birthday of Mike Douglas, born Michael Delaney Dowd, Jr., (d. 2006) at Chicago. This pioneer of daytime talk shows hosted his first afternoon talk show in Cleveland in 1961 and within five years was a household name. His nationally syndicated show featured celebrity interviews and topics and remained on the air until 1981. The show received the first Emmy Award for Individual Achievement in Daytime Television and memorable guests included first time performances by Aretha Franklin, Barba Streisand and Bill Cosby. Tiger Woods appeared at the age of two alongside avid golfer Bob Hope.
1929 - Babe Ruth of the New York Yankees became the first player to hit 500 career home runs when he connected off Willis Hudlin as the Cleveland Indians defeated the Yankees, 6-5. The home was also the 30th of the year for the Bambino. The next highest total at the time was 237 by Cy Williams.
1934 - The first prisoners arrive at Alcatraz, in San Francisco Bay, a prison for the “most dangerous.”
(lower half of: http://memory.loc.gov/ammem/today/aug11.html )
1940 - A major hurricane struck Savannah, GA, and Charleston, SC, causing the worst inland flooding since 1607.
1940 – Pitcher Stan Musial of the Daytona Beach Islanders landed on his left shoulder while making a shoestring catch in the outfield. The injury ended his pitching career.
1941 – President Franklin Roosevelt and British Prime Minister Winston Churchill sign the Atlantic charter.
1941 - With his orchestra, Glenn Miller recorded "Elmer’s Tune" for Bluebird Records.
1942 - Movie star Hedy Lamarr, born Hedwig Eva Maria Kiesler in Vienna about 1914, received a patent while under contract with the MGM studio in Hollywood for the development of the concept of “frequency hopping” as a mean of controlling torpedoes by radio. This later became the basis for modern technologies in wireless telephones and Wi-Fi.
1943 – German forces begin a six-day evacuation of the Italian island of Sicily, having been beaten back by the Allies, who invaded the island in July. The Germans had maintained a presence in Sicily since the earliest days of the war. But with the arrival of Gen. George S. Patton and his 7th Army and Gen. Bernard Montgomery and his 8th Army, the Germans could no longer hold their position. The race began for the Strait of Messina, the 2-mile wide body of water that separated Sicily from the Italian mainland. The Germans needed to get out of Sicily and onto the Italian peninsula. While Patton had already reached his goal, Palermo, the Sicilian capital, on July 22 (to a hero’s welcome, as the Sicilian people were more than happy to see an end to fascist rule), Montgomery, determined to head off the Germans at Messina, didn’t make his goal in time. The German 29th Panzergrenadier Division and the 14th Panzer Corps were brought over from Africa for the sole purpose of slowing the Allies’ progress and allowing the bulk of the German forces to get off the island. The delaying tactic succeeded. Despite the heavy bombing of railways leading to Messina, the Germans made it to the strait on August 11. Over six days and seven nights, the Germans led 39,569 soldiers, 47 tanks, 94 heavy guns, 9,605 vehicles, and more than 2,000 tons of ammunition onto the Italian mainland. (Not to mention the 60,000 Italian soldiers who were also evacuated, in order to elude capture by the Allies.) Although the United States and Britain had succeeded in conquering Sicily, the Germans were now reinforced and heavily supplied, making the race for Rome more problematic.
1944 - Burlington, VT reaches a scorching 101 for all-time maximum record.
1946 - Top Hits
“They Say It’s Wonderful” - Frank Sinatra
“The Gypsy” - The Ink Spots
“Surrender” - Perry Como
“New Spanish Two Step” - Bob Wills
1946 - Birthday of writer Marilyn Vos Savant, born Marilyn Mach, St. Louis, MO. She is the holder of the world's highest IQ according to the Guinness Book of Records. She took the 1937 Stanford-Binet, Second Revision test at age ten. She claims her first test was in September, 1956 and measured her mental age at 22 years and 10 months, yielding a 228 score. Savant is a magazine columnist, author, lecturer, and playwright. Since 1986, she has written "Ask Marilyn," a “Parade” magazine Sunday column where she solves puzzles and answers questions on various subjects.
1947 - WHEAT, ROY M., Medal of Honor
Rank and organization: Lance Corporal, U.S. Marine Corps, Company K, 3d Battalion, 7th Marines, 1st Marine Division. Place and date: Republic of Vietnam, 11 August 1967. Entered service a*: Jackson, Miss. Born: 24 July 1947, Moselle, Miss. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. L/Cpl. Wheat and 2 other marines were assigned the mission of providing security for a Navy construction battalion crane and crew operating along Liberty Road in the vicinity of the Dien Ban District, Quang Nam Province. After the marines had set up security positions in a tree line adjacent to the work site, L/Cpl. Wheat reconnoitered the area to the rear of their location for the possible presence of guerrillas. He then returned to within 10 feet of the friendly position, and here unintentionally triggered a well concealed, bounding type, antipersonnel mine. Immediately, a hissing sound was heard which was identified by the 3 marines as that of a burning time fuse. Shouting a warning to his comrades, L/Cpl. Wheat in a valiant act of heroism hurled himself upon the mine, absorbing the tremendous impact of the explosion with his body. The inspirational personal heroism and extraordinary valor of his unselfish action saved his fellow marines from certain injury and possible death, reflected great credit upon himself, and upheld the highest traditions of the Marine Corps and the U.S. Naval Service. He gallantly gave his life for his country.
1950 – Hitting .279, Yankees CF Joe DiMaggio is benched for the first time in his career by Mgr. Casey Stengel.
1950 - Stephen Gary "Steve" Wozniak was born in San Jose, CA. Wozniak single-handedly developed the 1976 Apple I, which was the computer that launched Apple. He primarily designed the 1977 Apple II, while Steve Jobs oversaw the development of its unusual case and Ros Holt developed the unique power supply. In 1969, Wozniak returned to the Bay Area after being expelled from University of Colorado in his first year for hacking into the institution's computer system. During this time, Wozniak designed and built his "Cream Soda" computer with his friend Bill Fernandez. Before focusing his attention on Apple, he was employed at Hewlett-Packard where he designed calculators. It was during this time that he befriended Steve Jobs with whom he co-founded Apple Computer while they were working at Atari.
1951 - The Braves beat the Dodgers 8-1 in the first Major League game to be televised in color.
1951 – Losing again, the New York Giants fall 13 ½ games behind the Brooklyn Dodgers. From here on, the Giants go 44-7, tie the Dodgers on the last day of the season, then win in a three-game playoff on Bobby Thomson’s game-winning “Shot Heard ‘Round the World” HR in the bottom of the 9th off Ralph Branca.
1954 - Top Hits
“Sh-Boom” - The Crewcuts
“The Little Shoemaker” - The Gaylords
“In the Chapel in the Moonlight” - Kitty Kallen
“One by One” - Kitty Wells & Red Foley
1956 - Elvis Presley's "Don't Be Cruel" is released. It will become his second Billboard chart topper.
1958 - "Hard Headed Woman," the feature song of the movie "King Cole," earned Elvis Presley a gold record.
1961 – Hall of Fame pitcher Warren Spahn, the winningest lefthander in Major League history, recorded his 300th win, beating the Cubs, 2-1. Spahn won 363 games in his career.
1962 - Neil Sedaka's "Breaking Up Is Hard To Do" hits #1
1962 - Top Hits
“Breaking Up is Hard to Do” - Neil Sedaka
“The Loco-Motion” - Little Eva
“Ahab, the Arab” - Ray Stevens
“Wolverton Mountain” - Claude King
1962 - A flood of new releases hit the Billboard Hot 100 chart, that will go on to be hit records. Mary Wells' "You Beat Me to the Punch," Ray Stevens' "Ahab the Arab," Johnny Tillotson's "Send Me the Pillow That You Dream On," The Marvelettes' "Beechwood 4-5789," The Contours' "Do You Love Me," The Beach Boys' "Surfin' Safari," Booker T and the MGs' "Green Onions" and Tony Bennett's "I Left My Heart in San Francisco." 1963 - The Kingston Trio appear as the celebrity "mystery guests" on CBS-TV's What's My Line?
1964 - The Beatles' first film, “A Hard Day's Night,” has its US premiere in New York City.
1964 - No. 1 Billboard Pop Hit: "Everybody Loves Somebody," Dean Martin. The song becomes the theme song to NBC's "The Dean Martin Show" the following year.
1965 - Watts Riots: A minor clash between the California Highway Patrol and two young blacks set off six days of riots in the Watts area of Los Angeles. Thirty-four deaths were reported and more than 3,000 people were arrested. Damage to property was listed at $40 million. The less-immediate cause of the disturbance and the others that followed was racial tension between whites and blacks in American society.
1966 - The Beatles held a press conference at the Astor Towers Hotel in Chicago where John Lennon apologized for his remarks that The Beatles were "more popular than Jesus now." The US media misquoted Lennon and rallies were held all over the country to smash and burn Beatle records. Lennon said later that he was trying to say, "the way they (some fans) carry on, it's like we're more popular than Jesus Christ." Separately, the Beatles begin their final tour.
1967 - WHEAT, ROY M., Medal of Honor.
Rank and organization: Lance Corporal, U.S. Marine Corps, Company K, 3d Battalion, 7th Marines, 1st Marine Division. Place and date: Republic of Vietnam, 11 August 1967. Entered service: Jackson, Miss. Born: 24 July 1947, Moselle, Miss. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. L/Cpl. Wheat and 2 other marines were assigned the mission of providing security for a Navy construction battalion crane and crew operating along Liberty Road in the vicinity of the Dien Ban District, Quang Nam Province. After the marines had set up security positions in a tree line adjacent to the work site, L/Cpl. Wheat reconnoitered the area to the rear of their location for the possible presence of guerrillas. He then returned to within 10 feet of the friendly position, and here unintentionally triggered a well concealed, bounding type, antipersonnel mine. Immediately, a hissing sound was heard which was identified by the 3 marines as that of a burning time fuse. Shouting a warning to his comrades, L/Cpl. Wheat in a valiant act of heroism hurled himself upon the mine, absorbing the tremendous impact of the explosion with his body. The inspirational personal heroism and extraordinary valor of his unselfish action saved his fellow marines from certain injury and possible death, reflected great credit upon himself, and upheld the highest traditions of the Marine Corps and the U.S. Naval Service. He gallantly gave his life for his country.
1968 – Satchel Paige, in his 60s and needing 158 days to qualify for a Major League pension, signs a contract with the Atlanta Braves.
1969 - Diana Ross holds a party for 350 at Beverly Hills' Daisy Club to announce her discovery of the singing group the Jackson 5 -- even though Gladys Knight actually recommended them to Motown head Berry Gordy. That night, the group gains even more exposure by performing at the first Miss Black America pageant
1969 – The last Dodger to have played in Brooklyn, Don Drysdale, announced his retirement due to lingering shoulder ailments.
1970 - Top Hits
“(They Long to Be) Close to You” - Carpenters
“Make It with You” - Bread
“Signed, Sealed, Delivered I’m Yours” - Stevie Wonder
“Don’t Keep Me Hangin’ On” - Sonny James
1970 - Jim Bunning of the Philadelphia Phillies defeated the Houston Astros,6-5, to become the first pitcher to win 100 games in each major league. Bunning, who started his career with the Detroit Tigers, became a Congressman from Kentucky after retiring from baseball and was inducted into the Baseball Hall of Fame in 1996.
1972 - The last United States ground combat unit leaves South Vietnam.
1974 - No. 1 Billboard Pop Hit: "The Night Chicago Died," Paper Lace. The song is written by Mitch Murray and Peter Callander.
1975 - Aerosmith's "Toys in the Attic" LP goes gold.
1978 - Top Hits
“Miss You” - The Rolling Stones
“Three Times a Lady” - Commodores
“Grease” - Frankie Valli
“Love or Something Like It” - Kenny Rogers
1981 - No. 1 Billboard Pop Hit: "Endless Love," Diana Ross & Lionel Richie. The song holds onto the top spot for nine weeks, making it the most successful duo, most successful Motown single and most successful soundtrack single of all time.
1982 - The debut of Anglo-American pop-rock band, the Pretenders is certified platinum about three years after it's released. The L.P. contained two hits, "Brass in Pocket" and "Kid."
1984 - President Ronald Reagan's voice-test joke: in preparation for a radio broadcast, during a thought-to-be-off-the-record voice level test, instead of counting "one, two, three . . ." the President said: "My fellow Americans, I am pleased to tell you I just signed legislation which outlaws Russia forever. The bombing begins in five minutes." The statement was picked up by live television cameras and was heard by millions worldwide. The incident provoked national and international reactions, including a news network proposal of new ground rules concerning the use of "off-the-record" remarks.
1984 - Ray Parker, Jr.'s single, “Ghostbusters,” hit the Number 1 spot on the Billboard's record charts on this date, and stayed there for 3 weeks. Parker also wrote and produced the song, which was the title theme song for one of the highest-grossing comedy films in movie history. He later received an Academy Award nomination for it.
1984 – Cincinnati Reds retire catcher Johnny Bench’s #5. Bench is regarded by many as baseball’s greatest catcher and he is in the Baseball Hall of Fame.
1986 - Top Hits
“Glory of Love” - Peter Cetera
“Papa Don’t Preach” - Madonna
“Mad About You” - Belinda Carlisle
“Rockin’ with the Rhythm of the Rain” - The Judds
1987 - The Beatles' album "Sgt. Pepper's Lonely Hearts Club Band" was named 'the best album made during the last 20 years' by Rolling Stone magazine.
1988 - Moisture from what remained of Tropical Storm Beryl resulted in torrential rains across eastern Texas. Twelve and a half inches of rain deluged Enterprise, TX, which was more than the amount received there during the previous eight months. Philadelphia, PA reported a record forty-four days of 90 degree weather for the year. Baltimore, MD and Newark, NJ reported a record fourteen straight days of 90 degree heat
1989 - One of the most severe convective outbreaks of record came to a climax in southern California after four days. Thunderstorms deluged Benton, CA with six inches of rain two days in a row, and the flooding which resulted caused more than a million dollars damage to homes and highways. Thunderstorms around Yellowstone Park, WY produced four inches of rain in twenty minutes resulting in fifteen mudslides. Thunderstorms over Long Island, NY drenched Suffolk County with 8 to 10 inches of rain. Twenty-three cities in the southeastern U.S. reported record low temperatures for the date. It was, for some cities, the fourth straight morning of record cold temperatures.
1989 - Bruce Springsteen joins Ringo Starr onstage at a concert in Holmdel, NJ, to sing four songs: "Get Back," "Long Tall Sally," "Photograph," and "With A Little Help From My Friends."
1991 - In only his second big league start, 21-year old White Sox southpaw Wilson Alvarez no-hits the Orioles, 7-0. Only Browns' hurler Bobo Holloman, who threw a no-hitter in his first Major League start in 1953 accomplished the feat in fewer starts.
1993 - First foreign-born officer appointed chair of joint chiefs: President Bill Clinton appointed Army General John Shalikashvili to succeed Colin Powell as Chairman of the Joint Chiefs of Staff. Shalikashvili was born at Poland, but his family fled to Germany in 1944 to escape advancing Soviet troops. After moving to the US, his family lived at Peoria, IL. "General Shali" has a distinguished military record and is a Vietnam War veteran.
1993 - A severe thunderstorm spawned a high elevation F3 tornado in the Ashley National Forest, 20 miles north of Roosevelt, UT. The tornado touched down 3 times along a 17 mile path and was up to 1/2 miles wide. 1000 acres of trees were snapped or uprooted. The highest elevation damage was at 10,800 feet.
1994 - Randy Johnson’s pitch to strike out A's Ernie Young will become the last ball thrown in the Majors for seven and half months as the longest work stoppage in baseball history begins. Among the casualties was the 1994 World Series, the first to be cancelled in MLB history.
1994 - Top Hits
“Stay (I Missed You)” (From "Reality Bites") - Lisa Loeb
“I Swear” - All-4-One
“Fantastic Voyage” - Coolio
“Wild Night” - John Mellencamp With Me Shell Ndegeocello
“Can You Feel The Love Tonight” (From "The Lion King") - Elton John
1994 - Record high set at Miami with 96 then heavy thunderstorms drop the temperature to 70, a record low for the same date.
1997 - Sonny West, Red West, Lamar Fike and Marty Lacker, four of the biggest members of Elvis' "Memphis Mafia," recall the King in a one-time-only webchat.
1997 - Congress passed the line-item veto for the President in 1996, but on this day in 1997, William Jefferson Clinton was the first to use it,
eliminating three provisions from legislation that had been passed by Congress. The line-item veto, a power sought by presidents since Ulysses S. Grant, enables presidents to strike particular items from newly enacted federal laws without having to veto the entire bill.
1998 - Lawrence Ferlinghetti was named the first poet laureate of San Francisco.
1999 - Top Hits
“Genie in a Bottle” - Christina Aguilera
“Tell Me It’s Real” - K-Ci
“Bills, Bills, Bills” – Destiny’s Child
“All Star” - Smash Mouth
2001 - Using fewest number of games anyone has ever needed to hit 50 homers in a season, Giant outfielder Barry Bonds reaches the milestone in 117 contests. In 1999, Sammy Sosa reached the mark in 121 contests.
2002 - Sammy Sosa's grand slam and run-scoring double against the Rockies gives the Cubs' slugger 14 RBIs over two games establishing a new a National League record. The previous mark was 13 shared by Nate Colbert (Padres-1972) and Mark Whiten (Cardinals -1993).
2003 - By fanning Jeff Kent in the seventh inning at Wrigley Field, Kerry Wood became the fastest Major Leaguer to record his 1,000th career strikeout, needing only 134 games to reach the milestone. It took 143 games for Roger Clemens to accomplish the feat.
2003 – Top Hits
“Crazy In Love”- Beyoncé Featuring Jay-Z
“Right Thurr”- Chingy
“Never Leave You - Uh Ooh-- Uh Oooh!,” Lumidee
P.I.M.P-, 50 Cent
2012 – The Republicans’ presumptive nominee for President, Mitt Romney, selects Wisconsin Congressman Paul Ryan as his running mate.
2012 – The Yankees’ all-time hit leader, Derek Jeter, collected his league-leading 150th hit of the season, joining Hank Aaron as the only two players to have 17 seasons of 150 or more hits.
2013 - At the Oak Hill Country Club in Pittsford, New York, American golfer Jason Dufner wins the 2013 PGA Championship.
2014 - Sale of the Los Angeles Clippers to Microsoft ex-CEO Steve Ballmer was approved by the NBA, despite attempts by former owner Donald Sterling to stop the transaction; Sterling was forced to sell after being banned from the NBA for his racist remarks.
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