The California DFPI on Steroids!
  Beware Unlicensed Lenders and Brokers!
By Ken Greene, Leasing News Legal Editor

Just when you thought it was safe to go out! Within two weeks of the California Department of Financial Protection and Innovation announcement that that the new California commercial disclosure laws would become effective on 12/9/22, they issued proposed regulations for the new California Consumer Financial Protection Law (“CCFPL”). This certainly signifies a trend towards even stronger policing of the finance industry.

On September 24, 2020 Governor Newsom signed the California Consumer Financial Protection Law (“CCFPL”). Note the term “consumer”, but hold that thought. The law is intended to protect California borrowers from “UDAAP” financial products and services (Unlawful, Deceptive, or Abusive Acts or Practices). Although on its face the CCFPL appears to be a consumer statute, in fact it has implications on the commercial finance industry as well. Thus, this article.

Here are some highlights:

1. Renamed the Department of Business Oversight (“DBO”) the Department of Financial Protection and Innovation (“DFPI”). Of course, that is old news.

2. Expands the jurisdictional net of the DFPI to previously unregulated sectors of the financial industry, including debt collectors, credit reporting agencies, and FinTech companies. Note that these rules only apply to California borrowers (all but “true leases.”

3. Most importantly, although denominated a consumer law, a rose by any other name still has thorns. This “consumer” law has  commercial teeth. Why would I believe that?

• Fin. Code §1060(b) defines “commercial financing” based on Fin. Code §22800(d), which is located smack in the middle of the Commercial Financing Disclosure statutes.

(d) (1) “Commercial financing” means an accounts receivable purchase transaction, including factoring, asset-based lending transaction, commercial loan, commercial open-end credit plan, or lease financing transaction intended by the recipient for use primarily for other than personal, family, or household purposes.

• Fin. Code §1060(d): “Covered provider” means any person engaged in the business of offering or providing commercial financing or another financial product or service to a covered consumer.

• Fin. Code §1060(f): “Financial product or service” has the same meaning as in Fin. Code § 90005(k), except that “consumer” in such definition also includes corporation, business trust, partnership, proprietorship, syndicate, limited liability company, association, joint stock company, and any other organization or legal or commercial entity and “consumer financial product or service” in such definition also includes a financial product or service that is offered or provided for use primarily for other than personal, family, or household purposes. (aka “commercial uses”)

• Fin. Code §1060(h):”Small business” has the same meaning as in Civil Code § 1028.5(c) which states “[s]mall business” means a business activity that is all of the following:

(1) Independently owned and operated.

(2) Not dominant in its field of operation.

(3) Not exceeding the following annual gross receipts or other criteria in the categories of:

(A) Agriculture ($1mm)

(B) General construction ($9mm)

(C) Special trade construction ($5mm)

(D) Retail trade ($2mm)

(E) Wholesale trade ($9.5mm)

(F) Services ($2mm)

(G) Transportation and warehousing ($1.5mm)

(H) A manufacturing enterprise not exceeding 250 employees

(I) A health care facility not exceeding 150 beds or ($1.5mm) in annual gross receipts

(J) Generating and transmitting electric power not exceeding 4,500 megawatt hours annually.

IMPORTANT NOTE: CFL licensees are exempt from the CCFPL as are banks. There are also exemptions for lenders and brokers who make 1 transaction a year or 5 or fewer transactions that are “incidental” to their business, similar to the CFL license exemptions.

What does this mean for unlicensed lenders and brokers? There will be registration and reporting requirements. More importantly, the DFPI has expanded its jurisdictional tent and has greater disciplinary and enforcement powers against unlicensed lenders and brokers who engage in “unfair, deceptive or abusive acts and practices”. Those powers include administrative and civil actions, hearings,  investigations and the like. Remedies include rescission, reformation, refunds, restitution, disgorgement, damages, public notification, injunction and penalties. Penalties range from $5k/day if a violation continues, up to $25k/day for reckless violations, and up to $1mm/day for intentional violations!

Similar to the process we saw with the new CA disclosure laws, the CCFPL is undergoing public commentary as part of the regulation making process. As such, the law will not be operative until the DFPI finalizes its regulations, probably in 2023.

Bottom line: If you’re going to make or broker loans in California, get a CFL license!

Ken Greene Leasing & Finance Observations
https://leasingnews.org/Pages/greene_observations.html

Ken Greene
Tel: 818.575.9095
Fax: 805.435.7464
ken@kengreenelaw.com
Alternate: kengreenelaw@outlook.com

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New Hires/Promotions in the Leasing Business
and Related Industries

Mark Kassis was hired as Managing Director and Head of Risk Management, Commercial Vertical, Encina Lender Finance, LLC., Atlanta Metropolitan Area.  Previously, he was Managing Director, Regions Bank, Regions Business Capital (July, 2010 - August, 2022); Senior Vice President, Corporate Risk Management and Compliance, Tygris Commercial Finance (July, 2008 - November, 2009); Vice President, GE Commercial Finance, Corporate Lending (October, 2006 - June, 2008); Senior Vice President/Director, ORIX USA Commercial (October, 2000 - October, 2006).
https://www.linkedin.com/in/mark-kassis-6b0a70/

Beth Lewis, CLFP, was hired as Vice President, Franchise Finance Documentation, BciCapital, Orlando, Florida. She is located in Greater Philadelphia. Previously, she was Credit analyst III, TD Equipment Finance, Inc. (may, 2018 - August, 2022); Franchise Finance and Bank Sales support, BB&T Commercial Equipment Capital Corp. (November, 2013 - May, 2018).  She joined Olympus October, 2009, Structured Financial Specialist, promoted July, 2012, Sales Support Specialist; Documentation Specialist and Deal Closer, GE Capital (2002 - 2003) -
https://www.linkedin.com/in/beth-lewis-clfp-4ba4ab45/

Conor McGowan was promoted to Corporate Recruiter, Balboa Capital, Costa Mesa, California.  He is located in Philadelphia, Pennsylvania.  He joined the company September, 2021, Account Manager. Previously, he was Business Development Account Manager, NewLane Finance Company (October, 2018 - October, 2021); Licensed Realtor, the Mickey Passarella Real Estate Group (January, 2018 - October, 2018); Account Executive, Accu-Tech Corporation (July, 2017 - December 2017); Senior Estimator, First Place Painting (July, 2014 - 2018). Education: Rancocas Valley Regional High School. https://www.linkedin.com/in/conor-mcgowan-0a8842134/

Kevin Ronan was promoted to Senior Vice President and Managing Director, as the Group Head of its Capital Equipment, CIT Bank, a division of First Citizens Bank, New York, New York. He is located in Brookfield, Connecticut. He joined CIT January, 2010, Managing Director and Group Head, promoted Capital Equipment Finance, Director, Originations, January, 2012. Full bio:
https://www.linkedin.com/in/ktronan/

Dan Smith was promoted Vice President, Relationships, Verdant Commercial Capital, Cincinnati, Ohio. He is located In Pittsboro, North Carolina.  He joined the company June, 2022, as Vice President.  Previously, he was Senior Vice President and Regional Manager, PNC (February, 2014 - May, 2022); District Sales Manager, The Toro Company, February, 2006 - February, 2014; Territory Manger, Smith Turf and Irrigation; Sales, Commercial Equipment and Golf Irrigation, Professional Turf Products, LP (July, 1996 - August, 2000).
https://www.linkedin.com/in/dan-smith-21084116/

Mark Swearingen was promoted to Credit Officer, Wintrust Commercial Finance, Rosemont, Illinois. He is located in Plano, Texas. He joined the company June, 2018, Summer Analyst, promoted November, 2018, Financial Analyst, promoted February, 2020, Senior Financial Analyst.
https://www.linkedin.com/in/mark-swearingen-653a35156/

Help Wanted Ads

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New Searches- August 2022

The Ultimate Hire by Ken Lubin, ZRG Partners

In what is usually a slow time of year, we are seeing some great new opportunities arise. Don't believe the press, the war for top talent is real and it is a great time to embrace some personal growth. If things keep moving at this pace, we are going to be headed into a strong Q4. If you are looking to make a move and take your career to the next level, the time is now!

Below are the list of searches that we have been retained to fill> If you think you could be a fit or know anyone that could be, feel free to reach out to me at klubin@zrgpartners.com

1. Chief Credit Officer- DeNovo (Dallas) If you ever wanted to get in on the ground floor of a startup equipment and asset finance business, this is the time. Our client, one of the largest investment firms in the world is building a new and exciting business in the mid to large ticket space. They need someone who build a credit department from scratch and will be ready for quick and tremendous growth.

2. Chief Credit/Risk Officer- (NYC Metro) Strong independent equipment finance company based in the Northeast is looking to bring on a new Chief Credit/Risk Officer to help redefine the credit operations and vision of the business. The business has primarily been in the direct space but is looking to grow the vendor side of the business. The right person must be a team player and be willing to lead by example as well as spearhead the professional growth of the team.

3. VP of Finance - (Boston-North Shore) based specialty finance company is looking for a growth oriented VP of Finance to lead the finance team, be involved in syndications, and be a mentor in the business. The person will be among the key leaders with decision making capabilities

4. Head of Global Digital and Marketing (Southeast) A large global captive finance business is looking for a leader to take it digital and marketing presence to the next level. This role will be instrumental in the growth of the business as well leading a leading a team of 20+ global marketing professionals.

5. Business Development-Large Ticket (National) Same company as above- this DeNovo equipment finance company is looking to build its initial team of Business Development professionals. They are looking to grow into the following: Sponsor Finance, PE, Hard Asset, Construction, Food and Bev, Manufacturing, Brown Water Marine, Energy, etc.. Ground floor Opportunity.

6. Business Development Distressed Debt (National) Our client is an industry leading purchaser of distressed debt. They are looking for a high level business development professional who is tied into the distressed debt network. The goal is to buy both commercial and consumer based distressed portfolios (auto, leasing, FinTech, ABL, etc.) They paid industry leading commissions (National).

7. Business Development (multiple)-Equipment Finance- (direct and vendor) A top tier storied credit player in the market. “There is no such thing as a bad credit, just a bad structure”. If you are an expert in doing storied credits or are missing the boat on deals your company won’t do, this is the place for you. (National).

8. Working Capital-(National) A leading working capital lender is looking for BD reps to sell working capital solutions to the SMB Marketplace.

The time is now to make a change going in 2023!


If you have any questions and would like to chat, email me at klubin@zrgpartners.com

Managing Director
ZRG Partners, LLC
Americas I EMEA I Asia Pacific
C: 508-733-4789
https://www.linkedin.com/in/klubin/

"What is the Ultimate Hire? The Ultimate Hire is the professional that every business, team or leader needs in their organization. This is the high performance individual that always rises to the top, brings the team to the next level and can significantly add to the bottom line. The Ultimate Hire is the person that you can't afford to be without. Finding, Attracting, Hiring and Retaining these professionals is critical to the success of your business. We have identified these traits and can help you find these top professionals."

The Ultimate Hire Collection:
http://leasingnews.org/Conscious-Top%20Stories/ultimate.html

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ANNOUNCEMENT
Due to Demand Hotel Rooms Have Been Added
61st EFLA Annual Convention in Florida

October 9 - 11, 2002
Marco Island, Florida

Hilton Marco Island Beach Resort and Spa (Overflow Room Block)
An additional block of rooms is being held for attendees of the 2022 ELFA Annual Convention at the Hilton Marco Island Beach Resort and Spa, 560 S Collier Blvd, Marco Island, FL 34145 (next door to the JW Marriott Marco Island Beach Resort) at the special ELFA Annual Convention rate of $494 for a standard room.

You can book here now:
https://www.hilton.com/en/attend-my-event/mrkmhhf-elfa-702057cd-84df-4e5a-adaa-c86d373fd550/

JW Marriott Marco Island Beach Resort
SOLD OUT

A block of rooms is being held for attendees of the 2022 ELFA Annual Convention at the JW Marriott Marco Island Beach Resort, 400 S Collier Blvd, Marco Island, FL 34145 at the special ELFA Annual Convention rate of $347 for a standard room.

Those planning to arrive early to participate in the ELFA hosted events on Sunday, October 9 are urged to make hotel reservations early.

Suite Reservation Notice

A number of suites have been reserved for private entertaining. Companies wishing to hold private parties should contact Lisa Ramirez, VP Business and Professional Development at lramirez@elfaonline.org or 202-238-3414 to reserve a suite.

Please specify the type of function, timing and number of people expected.

Note: Hotel Does not Make Local Transportation
For Further Information:
http://apps.elfaonline.org/events/2022/ac/location.cfm

Recovery from Government Credit and Incentive Program
For Finance and Leasing Companies plus Businesses

Business Group Resources works with CPA's and Tax Specialists that are entitled to from governmental credits and incentive programs.  Since 2004, Business Group Resources, in partnership with Business Incentive Solutions has built up a successful record.

Richard Toral, Regional Vice President, reports his company has helped more than 6,000 businesses claim these lucrative credits and incentives from federal, state & local agencies, and help them get the dollars back that are due them. 

“Through recent changes, the R&D credits are available to a broad range of companies, he noted. “We work with equipment leasing and financing organizations of all sizes who sell their products to businesses and business owners.  Generous referral fees are available to create a revenue stream without any heavy lifting on your end.”

Richard Toral
RichardToral@businessgroupresources.com
714.307.2442

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Watch at Home:
by Fernando Croce

New streaming releases include a warm remake (“Father of the Bride”), a surreal comedy (“Flux Gourmet”), a poignant character study (“Good Luck, Leo Grande”), polished animation (“Lightyear”), and a stirring documentary (“We Feed People”).

Father of the Bride (HBO Max): Andy Garcia follows in the footsteps of Spencer Tracy and Steve Martin in this warm newremake of the beloved classic comedy, which readjusts the story to a Cuban-American family in Miami. Garcia plays Billy Herrera, a noted architect whose workaholic ways have him on the verge of divorce from his wife, Ingrid (Gloria Stefan). The couple’s plans are put on hold, however, when their daughter Sofia (Adria Arjona) announces that she’s engaged to Adan (Diego Boneta). The rigamarole of marital rituals soon follows, where Billy’s anxiety over the ceremony’s rising costs mingles with his melancholia for his daughter’s future. Though the basics remain the same, director Gaz Alazraki and his cast bring enough energy and poignancy to make for bright entertainment.

Flux Gourmet (Amazon Prime): One of today’s most unique filmmakers, Peter Strickland (“The Duke of Burgundy”) specializes in private worlds that have their own surreal logic. Such is the case of his latest deadpan comedy, which takes place in an art institute where a competition is held for culinary art performance. Using kitchen apparatus for presentations that encompass poetry and dance, the oddball competitors include Elle (Fatma Mohamed), Lamina (Ariane Labed) and Billy (Asa Butterfield). Their exploits are documented by a journalist named Stones (Makas Papadimitriou) and closely observed by the institute’s mysterious director, Jan Stevens(Gwendoline Christie). A playful fantasy on the struggle of obsessive artists, Strickland’s film is a characteristically sumptuous vision that, while certainly an acquired taste, offers plenty of the director’s fearlessness andoriginality.

Good Luck to You, Leo Grande (Hulu): Emma Thompson has her best role in years in this rich, seriocomic character study, which unfolds mostly in a single hotel room. She stars as Nancy Stokes, a widow and retired schoolteacher who, after years in an unsatisfying marriage, sets out on a search for sexual pleasure. When she nervously hiresa young male escort named Leo (Daryl McCormack), she’s not sure what to expect. Over the course of their sessions, telling personal details from both characters gradually emerge—ranging from Nancy’s anxiety and dry sense of irony to Leo’s intellectual curiosity and smooth sincerity. But where lies the divide between game-playing and emotional confession? Directed by Sophie Hyde, this is a candid, rewarding adult story full of charm and poignancy.

Lightyear (Disney Plus): Pixar returns to the film that originally made the studio’s name with this polished spin-off from “Toy Story,” featuring the movie character who inspired the Buzz Lightyear toy. Part of the space-ranger Star Command, Buzz (voiced by Chris Evans) travels the galaxy alongside his friend, Alisha Hawthorne (Keke Palmer). When their vessel is stranded on an unknown planet, they struggle to find a way back home, only for Buzz’s experimental rocket fuel to lead him to skip ahead in time. As if seeing his friends age without him weren’t enough, there’s also a nefarious force named Zurg to deal with. Marking the directorial debut of Pixar stalwart Angus MacLane, the movie seasons the gorgeous animation with science-fiction wonderment (including references to “2001: A Space Odyssey” and “Interstellar”).

We Feed People (Disney Plus): Continuing his recent string of documentaries, Oscar-winning director Ron Howard (“A Beautiful Mind”) delivers a brisk and appealing portrait of a truly inspirational philanthropist. The subject of the film is José Andrés, a Spanish-born celebrity chef whose non-profit World Central Kitchen organization travels around the world to provide food to victims of disasters. Having found his calling years ago during the grievous Haiti earthquake, Andrés now brings his tireless dedication (and considerable culinary skills) to those who’ve been affected by hurricanes, floods, and volcanic eruptions. Following him on the scene, Howard’s camera captures his calm and optimism in the face of crisis, as well as his frustration with lack of help from federal agencies. The results make for a stirring antidote to despair

Shepherd
Danbury, Connecticut  Adopt-a-Dog

Sally

Female
One Year Old
35lbs.
Spayed
Shots Current

This pretty girl is Sally. She is one year old, looks like a shepherd mix but weighs just 35 lbs. Sally's foster says “Sally is playful with other dogs and humans. She likes to be outside and go on walks. Sally is almost house trained. She sleeps in the crate fine after 5-10 minutes of whining. She does not bark. Sally wakes up early, around 6 AM for her morning walk." Sally would do best to play with dogs her size or larger. And she loves water play! 

Here is a video of Sally learning to sit: https://youtu.be/_JEZMSQYxrg

If you would like to meet/adopt Sally, please complete our online application. Here is the link to the app: https://daws.org/daws-forms/

Danbury Animal Welfare Society, Inc.
147 Grassy Plain St
Bethel, CT 06801
Phone: 203.744.DAWS (3297)
Fax: 203.748.6791
dogs@daws.org
https://daws.org/

Please contact our office manager by e-mail at receptionist@daws.org

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With only a few weeks away from the AACFB Commercial Financing Expo and the Exhibit Hall is Selling Out! Make plans now to join us in Las Vegas to get deals done with these leading funding sources and service providers.

EXPO EXHIBITORS

4 Hour Funding
360 Equipment Finance
ACG Equipment Finance
American Capital Group
American Lease Insurance
Amur Equipment Finance
Apex Commercial Capital
AvTech Capital LLC
Balboa Capital
Bankers Capital
Bank Financial Equipment Finance
Banleaco Equipment Finance
Baystone Government Finance/KS State Bank
Blue Bridge Financial LLC
C.H. Brown Co. LLC
Celtic Bank
Channel | Your Partner in Funding
CLFP Foundation
Commercial Funding Partners LLC
Dakota Financial
Dedicated Funding
East Harbor Financial
Entegra Capital LLC
Equipment Leasing Group of America, LLC (ELGA)
FileInvite
Financial Pacific Leasing, Inc.
First Federal Leasing
First Foundation Bank
Founders First Capital Partners
Global Financial & Leasing Services LLC
Gulf Coast Business Credit
instaCOVER
JB&B Capital, LLC
MAKO Equipment Finance
Marlin Capital Solutions
McKenzie Credit, Inc.
Meridian Equipment Finance
Monitor
National Business Capital
Navitas Credit Corp. - Partner Funding
NCMIC/Professional Solutions
NewLane Finance
NFS Leasing
North Mill Equipment Finance LLC
North Star Leasing
Orange Commercial Credit
Paradigm Equipment Finance
Pawnee Leasing Corporation
Platinum Filings
Quality Leasing Co., Inc.
ROK Financial
SLIM Capital LLC
TimePayment
TradeRiver USA, Inc.
Universal Finance
VFI Corporate Finance
Wallwork Financial
Xactus
YES Leasing

More Information available at:
https://expo.aacfb.org/home 

News Briefs---

Elon Musk Suggests Big Tesla Factory Expansion Plans
     "to sell 20 million vehicles annually"
https://www.wsj.com/articles/tesla-shareholders-expected-to-clear-path-to-3-for-1-stock-split-11659605400?mod=hp_lead_pos11

DoorDash Revenue Climbs as Restaurants Raise Prices,
Consumers Continue Spending
https://www.wsj.com/articles/doordash-revenue-climbs-as-consumers-spend-despite-restaurants-raising-prices-11659644389?mod=hp_lista_pos1

This is the Salary You Need to
Buy a Home in 50 U.S. Cities—see list of 40 states
https://www.visualcapitalist.com/mapped-the-salary-you-need-to-buy-a-home-in-50-u-s-cities/

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You May Have Missed---

With extreme heat, we can’t build
    roads and railways as we used to
https://www.washingtonpost.com/climate-en2/07/20/heat-wave-road-railway-buckling/

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Sports Briefs---

Roger Goodell designates former NJ Attorney General Pete   
Harvey to hear appeal of Deshaun Watson's six-game suspension
https://www.theredzone.org/Blog-Description/EntryId/24318/Roger-Goodell-designates-former-NJ-Attorney-General--Peter-C--Harvey-to-hear-appeal-of-Deshaun-Watson-s-six-game-suspension

Pro golfers push back against the PGA Tour
with antitrust lawsuit
https://www.courthousenews.com/pro-golfers-push-back-against-the-pga-tour-with-antitrust-lawsuit/

SF Giants' baffling trade deadline left them
in a purgatory far worse than the alternative
https://www.sfgate.com/giants/article/sf-giants-baffling-trade-deadline-17351465.php

Vin Scully's understated calls were a huge
part of San Francisco Bay Area sports history
https://www.sfgate.com/49ers/article/Vin-Scully-understated-calls-of-Bay-Area-sports-17348258.php

Trey Lance is the ultimate NFL QB 'gamble'
– with a potential Super Bowl payoff for 49ers
https://www.usatoday.com/story/sports/nfl/columnist/mike-jones/2022/08/04/trey-lance-san-francisco-niners-quarterback-kyle-shanahan/10211352002/?gnt-cfr=1

Key approval for A’s Howard Terminal ballpark
challenged in new lawsuit
https://www.sfchronicle.com/eastbay/article/Key-approval-for-A-s-Howard-Terminal-ballpark-17346445.php

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California Nuts Briefs---

California's federal firefighter shortage
has gotten dramatically worse
https://www.sfchronicle.com/california-wildfires/article/forest-service-firefighters-17350152.php

This Day in History

      

1735 - Freedom of the press was established in the United States when John Peter Zenger, publisher of the New York Weekly Journal, won an acquittal of the libel charges placed by Gov. William Crosby. The royal governor had tried to censor Zenger's attacks on the British crown.
1753 - George Washington became a Master Mason.
http://memory.loc.gov/ammem/today/aug04.html
1790 - U.S. Coast Guard founded. 
1830 - Plans for the city of Chicago laid out.
http://www.1upinfo.com/encyclopedia/C/Chicago-history.html
http://www.aviewoncities.com/chicago/chicagohistory.htm
1838 - Emancipation of slaves in the Bahamas and Grenada by the British. A rumor started in the South that slaves would try to escape to the Bahama’s and fear of this lead to stricter attitudes and positions of slavery, especially by the many large slave owners who relied on the “free” labor at their farms, called plantations.
1861 - In order to help pay for the Civil War effort, the US government levied the first income tax as part of the Revenue Act of 1861.  It taxed at 3% all income over $800.  The tax was rescinded in 1872.
1867 – Jacob Ruppert (d. 1939) was born in NYC.  Known as Colonel Ruppert, he was already a well-known figure when he purchased the New York Yankees, then a perennially bad team, in January, 1915. Ruppert briefly served in the National Guard, earning the title Colonel. He also served in four terms in the United States Congress from 1899-1907.  Under his ownership, the Yankees became the first part of the greatest sports dynasty in history.  In 1920, the Yankees purchased Babe Ruth from the Boston Red Sox. Ruppert also oversaw the self-financed construction of Yankee Stadium in 1923. He owned the Yankees until his death in 1939, overseeing the franchise during one of its most glorious eras, during which the team won 9 pennants and 6 World Series titles. He was inducted into the Baseball Hall of Fame in 2013.  
1873 - While protecting a railroad survey party in Montana, Custer and his 7th Cavalry clash for the first time with the Sioux Indians, who will defeat them three years later at Little Big Horn. During the previous two years, Lieutenant Colonel George Armstrong Custer and his 7th Cavalry had not fought a single battle against the hostile Indians of the western Plains. Hungry for action, Custer was pleased when the 7th Cavalry was ordered to help protect a party of surveyors laying out the route for the proposed Northern Pacific Railroad. The new transcontinental railroad (the third in the United States) was to pass through territory controlled by hostile Sioux Indians. Custer was optimistic that the assignment would give him a chance to improve his reputation as an Indian fighter. Initially, the military escort saw little action. The hostile Indians seemed to be avoiding or ignoring the survey party. For Custer, the mission turned into something of a lark. He spent much of his time shooting buffalo, antelope, elk, and other animals. To find good hunting, he often led the 7th Cavalry far away from the survey party and the main body of the military escort.
On this day in 1873, Custer was far ahead of the rest of the force, camping along the Tongue River in southeastern Montana. Suddenly, a large band of Sioux warriors appeared on the horizon and attacked. The Indians were led by Crazy Horse and Sitting Bull, but the young braves seemed to have attacked impetuously and with little planning. Custer, who had been taking an afternoon nap, reacted quickly and mounted an effective defense. After a brief skirmish, the Indians withdrew. Since only one soldier and one Indian were killed in the skirmish, Custer's short battle along the Tongue River seemed relatively insignificant at the time. However, Custer's easy escape in his first encounter with Sitting Bull and Crazy Horse may have given him a dangerously scornful view of their fighting abilities. It helped to confirm his belief that the Plains warriors tended to flee rather than fight. As a result, when Custer again encountered Sitting Bull and Crazy Horse at the Little Big Horn River three years later, his greatest fear was that they would withdraw before he could attack, and he rushed in without proper reconnaissance. That time, though, the Indians stood and fought, leaving Custer and more than 200 of his men dead.
1874 - Methodist clergyman John H. Vincent (1832-1920) and Ohio manufacturer Lewis Miller established the Chautauqua Assembly in northwest New York state a summer retreat center combining recreational activities with the training of Sunday School teachers and other church workers.
1875 - The first Convention of Colored Newspapermen was held in Cincinnati, Ohio. The convention's aim was to promote the establishment of United States newspapers that would focus on the African American community.
1881 - 122ø F (50ø C), Seville, Spain (European record)
1882 - A vivid aurora was visible from Oregon to Maine, down the east coast as far as Mayport, FL, and inland as far as Wellington KS. Observers at Louisville KY noted "merry dancers" across the sky, and observers at Saint Vincent, MN, noted it was probably the most brilliant ever seen at that location.
1885 – Standard Oil of New Jersey was founded.  Established in 1870 by John D. Rockefeller as a corporation in Ohio, it was the largest oil refiner in the world of its time.  In 1885, Standard Oil of Ohio moved its headquarters from Cleveland to its permanent headquarters at 26 Broadway in NYC. Concurrently, the trustees of Standard Oil of Ohio chartered the Standard Oil Co. of New Jersey (SOCNJ) to take advantages of New Jersey's more lenient corporate stock ownership laws. These are the forerunners of today’s Exxon-Mobil.
1897 – African American Henry Rucker appointed Collector of Internal Revenue for Georgia
1904 - Pianist/alto sax/trumpet player Kenneth Anderson born Pittsburgh, PA. (see the list: 
http://jazzinstituteofchicago.org/index.asp?
target=/jazzgram/bronzeville/union/part3.asp )
1905 - Piano player Joseph Louis “Red” Cayou (d. 1994) born New Orleans, LA.  
1906 – Actor writer, director and Hollywood giant, John Huston (d. 1987) was born at Nevada, MO.  His first film was “The Maltese Falcon” that catapulted Humphrey Bogart to stardom and began a historic collaboration that included “”The Treasure of Sierra Madre,” “Key Largo,” “The African Queen,” and “Beat the Devil.”  He was prolific in delivering other memorable films such as “Moby Dick,” “The Misfits,” “The Night of the Iguana,” “Chinatown,” “Two Jakes,” and “The Red Badge of Courage.”
1909 - The Washington Nationals completed a marathon run of eight straight doubleheaders, a Major League record until the Boston Braves topped it in 1928. 
1916 - Denmark agreed to cede the Danish West Indies, including the Virgin Islands, to the United States for $25 million. The deal took effect the following March 31. 
1921 - Radio station KDKA provided its listeners with the first-ever broadcast of a Major League game. Harold Arlin was the first play-by-play announcer as he detailed the action of the Pittsburgh Pirates win over the Philadelphia Phillies, 8-5.  This trend grew slowly as owners feared drops in gate admissions to those listening on the radio.  The last holdouts were the New York teams - the Giants, Dodgers and Yankees - who combined to block radio broadcasts of their games until 1938.  The Golden Age of Radio is generally acknowledged as the 1920s into the 1950s, when television took hold as the broadcast medium.  Despite that, radio remains a favorite listening medium as every team has a radio network and several have multi-lingual stations as well.  During that period, many notable broadcasters, such as Mel Allen, Red Barber, Harry Caray, Russ Hodges, Ernie Harwell and Vin Scully, began their careers.
1927 - The General Electric Station in Schenectady, New York, station 2XAG which was later named WGY, began experimenting with operations from a 100,000-watt transmitter. The FCC would later regulate the power of AM radio stations to not go over 50,000 watts on "clear channels" where few stations would interfere with each other. 
1927 - For Victor Records in Bristol, Tennessee, singer Jimmie Rodgers recorded his first songs. On the record he sang "Sleep Baby Sleep" and "Soldier’s Sweetheart."   Not to be confused with rock ‘n’ roller of the same name.
1930 - The temperature at Moorefield, WV, soared to 112 degrees to establish a state record, having reached 110 degrees the previous day. Widespread drought after April of that year caused some towns to haul water for domestic use, and many manufacturing plants were barely operational.
1930 – Astronaut Neil Armstrong (d. 2012) was born at Wapakoneta, OH.  The first man to walk on the moon, he piloted the lunar module and on July 20, 1969, took the “giant leap for mankind.”
1934 - Mel Ott became the first Major Leaguer to score 6 runs in one game.
1936 - "Long" John Woodruff wins an Olympic gold medal in the 800-meter run.
http://www.fay-west.com/connellsville/historic/woodruff.php
http://www.greaterconnellsville.org/woodruff/commemorativeprintform.htm
1940 - "Crime Doctor" introduced a new radio hero. CBS radio presented Dr. Benjamin Ordway, the show’s main character, as an amnesia victim. A former criminal, he got hit on the head, and began to work as a crime fighter.
1944 - Nazi police found Anne Frank and her family, hiding in secret rooms above her father’s factory in Amsterdam, Holland. Anne was 15 years old at this time and had kept a diary during the two years of hiding from the Nazis. After the arrest, Anne and her sister were taken to a concentration camp. Anne Frank would die at Bergen-Belsen. Later Anne's diary was found and has since been translated into 30 languages, and adapted as both a play and a Hollywood film. 
1944 - No. 1 Billboard Pop Hit: "Swinging on a Star," Bing Crosby.
1947 - Top Hits
“Peg o’ My Heart” - The Harmonicats
“That’s My Desire” - The Sammy Kaye Orchestra (vocal: Don Cornell)
“I Wonder, I Wonder, I Wonder” - Eddy Howard
“Smoke! Smoke! Smoke! (That Cigarette)” - Tex Williams
1953 – Don Larsen of the St. Louis Browns, later of World Series perfect game fame, went 3 for 3 and established a record for consecutive hits by a pitcher with 7. The rookie hurler will hit .284 in 81 at bats this season. 
1954 - In Saskatchewan, Canada, the uranium rush began. 
1954 - Alfred Hitchcock's “Rear Window” had its world premiere at New York's Rivoli Theater. 
1954 - No. 1 Billboard Pop Hit: "Sh-Boom," The Crew-Cuts.
1955 - Top Hits
“Rock Around the Clock” - Bill Haley & His Comets
“Ain’t That a Shame” - Fats Domino
“Learnin’ the Blues” - Frank Sinatra
“I Don’t Care” - Webb Pierce
1955 – “To Catch a Thief,” starring Cary Grant and Grace Kelly and directed by Alfred Hitchcock, debuted in New York on this date. The film later received an Oscar for Best Color Cinematography. 
1956 - At Wendover, Utah, Wilhelm Herz was clocked at 210 miles per hour, making him the first person to race a motorcycle over 200 miles-per-hour.
1956 - Elvis Presley record "Hound Dog" b/w "Don't Be Cruel" is released.
1956 - The Platters' "My Prayer" hits #1
1957 - A world record was set by Florence Chadwick who swam the English Channel in 6 hours, 7 minutes. 
1957 - Juan Fangio won his last car race, winning the world auto driving championship for the fifth consecutive year.
1957 - The Everly Brothers make their second appearance on the Ed Sullivan Show and introduce their upcoming single, "Wake Up Little Susie," a song which would go on to cause some major controversy and be banned from some radio stations.  
1957 - The Brooklyn Sports Authority, seeking a way to keep the Dodgers in Brooklyn, received an engineering report on a 50,000-seat stadium in the downtown area. It will cost an estimated $20.7 million, including the land site. Indications are that there will be trouble finding a market for the bond issue, particularly since the city was pushing for them to move to a new site in Flushing Meadows, Queens – the eventual site of Shea Stadium.  Dodgers’ owner Walter O’Malley responded, “we’re not the Queens Dodgers, we’re the Brooklyn Dodgers.”
1957 – American Bandstand premiered nationally, on ABC.  A local Philadelphia show that began in the early 50s, Bandstand was hosted by Dick Clark and continued for over thirty years.  The format was simple:  teens dancing to rock and roll songs and listened to the top 10 each week.  Bandstand was the first show exclusive to rock and roll and was the first show that had integrated white and black teens on the set as dancers..
1958 - Dumont TV Network crumbles. My father was a producer/writer/director for the Dumont network, creating among shows such as “Harlem Detective,” “Captain Video,” “Hands of Murder.” He met often with Dr. DuMont, who he once gave one of the exploding cigars I put in his pocket as a kid. Dumont was a scientist and not a “showman,” losing Jackie Gleason among others. My father worked right under Ted Bergman, who I remember my father respected.  Dr. DuMont is best known for improvements to the cathode ray tube in 1931 for use in television receivers. Seven years later, he manufactured and sold the first commercially practical television set to the public. In June 1938, his Model 180 television receiver was the first all-electronic television set ever sold to the public, a few months prior to RCA’s first set in April 1939. In 1946, DuMont founded the first television network to be licensed, the DuMont Television Network, initially by linking station WABD (named for DuMont) in New York City to station W3XWT, which later became WTTG, in Washington, DC (WTTG was named for Dr. Thomas G. Goldsmith, DuMont's Vice President of Research, and his best friend.) DuMont's successes in television picture tubes, TV sets and components and his involvement in commercial TV broadcasting made him the first millionaire in the business.
http://members.aol.com/cingram/television/dumont2.htm
http://www.museum.tv/archives/etv/D/htmlD/DuMont/DuMont.htm
1961 - 108ø F, Spokane, WA (record)
1962 - Jamaica Independence Day. National holiday observing achievement of Jamaican independence from Britain. Annually the first Monday in August.
1963 - The Beatles appear on the US record charts for the first time as "From Me to You" debuts at #116 in Billboard. Unfortunately, it stays there, due to problems with its American label (Vee Jay) and a cover version by Del Shannon that got the jump on it. It would take a massive promotional blitz by Capitol over the next five months to ensure a Beatles hit in America with the single "I Want to Hold Your Hand" b/w "I Saw Her Standing There" (Capitol 5112).
1963 - Top Hits
“So Much in Love” - The Tymes
“Fingertips - Pt 2” - Little Stevie Wonder
“(You’re the) Devil in Disguise” - Elvis Presley
“Ring of Fire” - Johnny Cash
1963 - In his first at-bat in two months after breaking his left foot, Mickey Mantle slams a pinch-hit home run in the ninth inning to beat the Orioles, 11-10.
1964 - After disappearing on June 21, three civil rights workers were found murdered and buried in an earthen dam outside Philadelphia, MS. The three young men were workers on the Mississippi Summer Project organized by the Student Nonviolent Coordinating Committee (SNCC) to increase black voter registration. Prior to their disappearance, James Chaney, Andrew Goodman and Michael Schwerner were detained by Neshoba County police on charges of speeding. When their car was found, burned, on June 23, President Johnson ordered an FBI search for the men.
1964 - No. 1 Billboard Pop Hit: "A Hard Day's Night," The Beatles.
1966 - John Lennon's comment that the Beatles were "more popular than Jesus Christ" was re-printed in an American teen magazine called Datebook and was widely reported in North America. The statement, made to London Evening Standard journalist Maureen Cleave several months earlier, caused a public outcry in the US and led to mass destruction of Beatle records. Thirty-five radio stations banned all Beatles songs and even the Ku Klux Klan made threats against the group. What Lennon actually said was "Christianity will go. It will go. It will vanish and shrink. I needn't argue about that, I'm right and I will be proved right. We're more popular than Jesus Christ now; I don't know which will go first - rock 'n roll or Christianity. Jesus was all right, but his disciples were thick and ordinary. It's them twisting it that ruins it for me."
1968 - The Newport Pop Festival begins in Costa Mesa, California. 100,000 fans come out to hear Sonny & Cher, Tiny Tim, Jefferson Airplane, Steppenwolf, the Grateful Dead, the Byrds, Iron Butterfly and Eric Burdon and The Animals.
1969 – The Pirates’ Willie Stargell became the first player to hit a home run completely out of Dodger Stadium. The 512-foot, 7th-inning, bases-empty blast breaks a 3-3 tie, on the way to the Pirates’ 11-3 win.  It was the last appearance of Don Drysdale's career, as in 6 days, he will make his retirement official.
1971 - Top Hits
“You’ve Got a Friend” - James Taylor
“Mr. Big Stuff” - Jean Knight
“Draggin’ the Line” - Tommy James
“I’m Just Me” - Charley Pride
1972 – “Superfly,” starring Ron O'Neal, opened in theaters. Directed by Gordon Parks, Jr., “Superfly's” success at the box office and unexpected acclaim prompted two sequels. The plot centers on a Harlem drug dealer who wants to retire. Curtis Mayfield's dynamic soundtrack set it apart from similar low-budget films. 
1973 - Maureen McGovern's "The Morning After (The Song from the Poseidon Adventure)" hits #1 
1974 - Paul Simon's "Love Me Like A Rock" is released.
1974 - No. 1 Billboard Pop Hit: "Feel Like Makin' Love," Roberta Flack.
1979 - Top Hits
“Bad Girls” - Donna Summer
“Good Times” - Chic
“Ring My Bell” - Anita Ward
“You’re the Only One” - Dolly Parton
1979 – The incomparable Willie Mays was inducted into the Baseball Hall of Fame along with Hack Wilson and Warren Giles.
1980 - A record forty-two consecutive days of 100 degree heat finally came to an end at the Dallas-Fort Worth Airport. July, 1980 proved to be the hottest month of record with a mean temperature of 92 degrees. There was just one day of rain in July, and there was no measurable rain in August. There were 18 more days of 100-degree heat in August and four in September. Hot weather that summer contributed to the deaths of 1200 people nationally and losses from the heat across the country were estimated at $20 billion.
1980 - After a five-year hiatus, John Lennon and Yoko Ono begin recording their album "Double Fantasy" at New York's Hit Factory Studio. The LP would go to number one in the US after its release in November, less than a month before Lennon was gunned down outside his New York apartment. "Double Fantasy" received the 1981 Grammy Award for Album of the Year. 
1981 - A United States court ordered striking air traffic controllers back to work and fined their union $2.4 million a day for the duration of the strike.    
1983 - During warm-ups, New York Yankee outfielder Dave Winfield threw a baseball and accidentally killed a seagull. When the game was over, Toronto police surrounded the batter and arrested him for "causing unnecessary suffering to an animal."
1986 – Lefty Steve Carlton, nearing the end of his career and now pitching for the SF Giants, recorded his 4,000th strikeout, fanning Reds CF Eric Davis at Candlestick Park.  He finished his career with 4,136, second all-time to Nolan Ryan.
1987 - Top Hits
“Shakedown” - Bob Seger
“I Still Haven’t Found What I’m Looking For” - U2
“I Want Your Sex” - George Michael
“Snap Your Fingers” - Ronnie Milsap
1988 - Congress votes $20,000 to each Japanese-American interned in World War II.  President Franklin Roosevelt ordered the incarceration shortly after Japan attacked Pearl Harbor.  He ordered the forced relocation and incarceration in camps in the interior of the country of between 110,000 and 120,000 people of Japanese ancestry who had lived on the Pacific coast. Sixty-two percent of the internees were US citizens. 
1989 - Thunderstorms produced severe weather from eastern Nebraska and northeastern Kansas to the Great Lakes Region, with 150 reports of large hail or damaging winds during the afternoon, evening, and nighttime hours. Thunderstorms produced tennis ball size hail at Claremont, MN, and wind gusts to 75 mph at Milwaukee, WI. Thunderstorms representing what once was Hurricane Chantal produced five inches of rain at Grant, MI, and deluged Chicago, IL, with more than three inches of rain in three hours
1995 – Long-time coach Jimmie Reese, whose 23 years in an Angels uniform equals longest in club history, is inducted into the Angels' Hall of Fame. The former roommate of Babe Ruth began his career as a batboy for the Pacific Coast League's Los Angeles Angels in 1917.
1995 – “Babe,” the charming sleeper hit about a pig who learns to be a sheep dog, debuted in United States movie theaters. The gentle film, with state-of-the-art computer technology, thrilled audiences young and old, and the film garnered many awards and nominations, including the Golden Globe for Best Motion Picture - Comedy/ Musical, and it was nominated for a Best Picture Oscar. Veteran actor James Cromwell received an Oscar nomination for Best Supporting Actor for his role as Farmer Hoggett, and director Chris Noonan received the New York Film Critics Circle Awards for Best New Director. The National Society of Film Critics declared it Best Film of the Year. Christine Cavanaugh supplied the voice of the hero pig, and Roscoe Lee Browne was a moving narrator. Babe was based on the book "The Sheep-Pig" by Dick King- Smith. 
1997 - The world's oldest person, Jeanne Calment, died aged 122 years and 164 days in Arles, France.
1998 - Yankees' slugger Darryl Strawberry hits a game-tying pinch-hit grand slam in the ninth inning of New York's 10-5 win becoming the second Major Leaguer to hit two pinch-hit grand slams in one season.
2000 - With 32 home games remaining, the Astros, who moved from the pitcher-friendly Astrodome to homer-haven Enron Field this season, set a franchise-record by already hitting 83 homers at home this season.
2001 - Top Hits
“Bootylicious” - Destiny's Child 
“Loverboy” - Mariah Carey Featuring Cameo
“Let Me Blow Ya Mind” - Eve Featuring Gwen Stefani
“Hit 'Em Up Style (Oops!)” - Blu Cantrell
2009 - A Federal jury ruled that a 25-year-old Boston University graduate student must pay $675,000 to four music companies for illegally downloading and distributing more than two dozen songs. The man said that he would file for bankruptcy protection. 
2010 - The group led by Nolan Ryan and Chuck Greenberg was confirmed as the winning bidder in the court-ordered auction of the Texas rangers, part of the bankruptcy proceedings for owner Tom Hicks’ sports properties group. The winning bid, valued at $385 million in cash, beat one from Mark Cuban, owner of the Dallas Mavericks of the National Basketball Association; its total value reaches $593 million when the portion of Hicks's debts assumed by the new owners is taken into account.
2013 – Major League Baseball handed out 13 suspensions in the Biogenesis scandal, in one of the largest disciplinary actions in history. Alex Rodriguez was suspended for 211 games - through the end of the 2014 season - but decided to appeal, the only one of the 13 to do so. Seven Major Leaguers were handed 50-game suspensions that effectively ended their seasons, while five minor leaguers were also disciplined. Ironically, Rodriguez played his first game of the season for the Yankees and was mercilessly booed at home.
2013 - Amazon CEO Jeff Bezos purchased The Washington Post from the Graham estate.
2015 – The US government polluted Colorado’s Animas River, accidentally releasing a million gallons of metal-laden mining wastewater while investigating a Superfund site.