Holiday Editions Headlines--- CLARIFICATION --VGM Leasing of Waterloo,Iowa in Business The Origination of the Leasing News "The List" NetBank Reaches Its 100,000th Active Account Leasing News Blows the Whistle on "The Funding Tree" -------------------------------------------------------------------------------------------- CLARIFICATION---June 7,2000 List VGM Leasing of Waterloo, Iowa in Business (The List printed yesterday was an old list, meaning since those days, we better identify the companies, as this was not VGM Leasing or VGM Group, but stated as VGM with no city or state. Please note the list was dated June 7,2000... but for the sake of clarification, we will print your letter, and the letter from your president, as we certainly wish you and all the employees of VGM Leasing of Waterloo, Iowa a very Merry Christmas and Happy New Year.editor) ----------------- Gentlemen: “You have again published an incorrect and damaging item regarding VGM Leasing of Waterloo, Iowa. “Your electronic newsletter, which was just brought to our attention by a customer, lists VGM Financial as "Out of Business". It is not out of business and wasn't out of business and wasn't out of business when you made the same statement in the past. “This is getting to be more than just a simple mistake and we are considering our legal options. “Please publish a correction immediately. VGM Leasing Inc (dba VGM Financial Services) is very much IN BUSINESS and is doing very well. It has grown in both gross lease volume and profitability over the last few years and expects to continue that course. The 50 or so employee's here in Waterloo don't appreciate hearing from customers, funding sources and other business associates that we are "out of business" every Christmas. “Thank you for your immediate attention to this matter. Whether or not we elect to pursue any other legal options will depend in part on your handling of the correction. “Very truly yours, “ James E. Walsh Jr. General Counsel, VGM Group --- “Kit, we went through this a few years ago, but VGM Financial Services is alive and well in Waterloo, Ia. “Please feel free to visit our web site at vgm.com to learn more about all the VGM companies. “We just celebrated our 12th year in business and are strong and growing.” Jim Phillips President jim.phillips@vgm.com VGM Financial Services 319-274-6642 (Sorry, I am getting old, and forgot in these old lists, we were not identifying cities and states and ran into similar name conflicts. The VGM identification was corrected in the new format--- (I apologize. I would like to make up for this by running a story on your company, anything you want to write or plug, and it would be our pleasure to run it the first of the year. No length requirements and if you have pictures, we would like to print them. As you state, VGM Financial Services is in its 12th year and going stronger than ever with quite a following. editor)
The Origination of the Leasing News “The List”
by Kit Menkin
First, let me thank those of you who are responding, signing your name to the e-mail, about what you think Leasing News should be writing about, whether to continue our cartoons, bulletin board complaints, “Will it Sink or Will it Float,” “Pictures from the Past,” Books, and our somewhat famous “The List.”
I very much appreciate your taking the time to tell us what you would like us to report about or features that we have in our newsletter.
Please keep the comments coming to: kitmenkin@leasingnews.org
The original list was put together at the request of Jerry Bishop of First Federal Leasing, who had heard of a list floating around, and wanted it for an important meeting with his bank board on the future of their leasing program. I found it, revised it, and have been tweaking it ever since.
Here it is June 20, 2000 in alphabetical order.
33 Leasing Companies Major Changes in the last Six Months:
American Business Leasing ( gone ) Bankvest (bankrupt) Bombadier ( reported having problems, not confirmed ) C&W Leasing ( bankrupt ) Charter Financial ( purchased by Wells Fargo ) Commerce Security ( closed ) Copelco ( sold to Citibank ) Dana ( sold off, active as captive ) DVI Capital ( out of broker business) Fidelity ( acquired by ABN Amro Bank ) Finova ( out of market place ) Franklin Bank ( no more leases ) Imperial ( sold portfolio ) Leasing Corp of America ( for sale below book value ) Leasing Solutions ( bankrupt ) Liberty Leasing ( closed ) Linc Capital ( out of vendor and broker business, Nasdaq halts stock sales ) Merit Leasing ( gone ) METWEST LEASING CO. Spokane WA. ( advising brokers that they have run out of funds so they are unable to fund a transaction we have there for funding. ) Nationbank Leasing ( closed ) New England Capital ( sold ) Newcourt ( sold off ) Phoenix ( both divisions ) Prime Capital ( "yes and no" sold off, may be negotiating ) Rockford ( sold to American Express ) SDI ( closed ) T&W ( lost their capital ) Transamerica ( sold ) Unicapital ( reportedly struggling ) United Capital ( reported having problems, very bad quarter ) United Leasing ( out of liquidity ) USA Leasing ( gone ) (One is deleted as explained in the clarification story)
The first time I saw the listing of companies no longer in business, it came from an e-mail sent by the late Adrian Bulman. He did not want to be identified. He thought he might get in trouble for passing on an internal memo. A friend has sent him an internal memo from Sierra Cities internal e-mail to salesman from chairman Tom Depping. It started with 16 leasing companies no longer in business, and Depping in no uncertain terms, chided his sales force for not going after customers of these sixteen leasing companies no longer around. He saw it as an opportunity to go after lessees and vendors. He read nothing else into it except “opportunity for more sales.”
For our New Year’s Eve edition next week, I have planned the late Adrian Bulman’s comments about the future of leasing Dated December 27,2000. His observations and predictions will amaze you.
By the way, the List today is up to 166...We also have it now in both chronological and alphabetical format, and identify the name of the company much better than we did when we first started.
http://www.leasingnews.org/list.htm -----
In the same June 20, 2000 edition, we printed a “press release” from Netbank, which we predicted we not only be a good investment, but a leader in the industry. We were the first to predict this and continued to “promote” the growth of this internet bank, a survivor of the dotcom era, still going very strong:
## Press Release #######################################
NetBank Reaches Its 100,000th Active Account
High Yields, Low Fees and Superior Customer Service
Drive Success of Leading Internet Bank
ATLANTA, June 20 /PRNewswire/ -- NetBank, Member FDIC, Equal Housing Lender, (Nasdaq: NTBK) (http:// www.netbank.com) and the nation's leading Internet bank, today announced yet another milestone -- achieving 100,000 active accounts since the bank opened. With this announcement, NetBank underscores its position as the fastest growing bank in history.
"This accomplishment demonstrates the growing acceptance of Internet banking and our ability to attract and retain customers," said D.R. Grimes, NetBank chief executive officer. "We're on pace to set a new account growth record for this quarter, and we're thrilled about reaching this important customer milestone so quickly in our history without sacrificing profitability. NetBank continues to set the standard in Internet banking by providing customers the ultimate one-stop banking and financial services site. We have a complete line of attractive products and services, including the best checking account in America - a no fee account that offers free bill pay and pays high interest with no hidden balance requirement or 'limited time' offer."
As a pure Internet bank with no branches, NetBank has dramatically lower costs and fewer employees than traditional banks. NetBank has maintained its commitment to pass along those savings to its customers in the form of higher rates on deposits and no or low fees. NetBank offers customers a compelling value with a well-rounded product line featuring FDIC-insured, interest- bearing deposit products, online bill payment, home equity loans, online mortgage services, and non-bank financial services, including online brokerage services, business equipment leasing services, and a virtual safe deposit box. NetBank also plans to roll out insurance products early in third quarter. NetBank has always done things faster and with greater flexibility than click- and-mortar banks.
About NetBank(R)
NETBANK, Inc, (Nasdaq: NTBK) (http://www.netbank.com), is a financial services company whose sole subsidiary, NetBank, member FDIC, is the first profitable pure Internet bank in the country, having achieved profitability in the past eight successive quarters since receiving its bank charter on July 31, 1997. With over $1.5 billion in assets and customers in all 50 states and 20 foreign countries, NetBank was recently ranked as a Money.com pick for "Best Online Banks." With its low-cost, branchless business model, NetBank is able to reward its customers with high interest rates on deposits with low or no fee banking services. Products and services include free online account access, free checking, free unlimited online bill payment and presentment, free checks, free unlimited ATM use, VISA(R) Check Card, VISA(R) credit cards, online brokerage services, mortgage lending, home equity lines and loans, IRAs, and business equipment leasing services. NetBank is a member of the AFFN, Cirrus, Honor/Star, and NYCE ATM Networks. For more information on NetBank, its products and services, visit the Web site at www.netbank.com, or call 1-888- BKONWEB (256-6932).
### Press Release ########################
Leasing News Blows the Whistle on “The Funding Tree”
Of all the companies were warned readers about, known had the drama of lawyers threatening us, the first knowledge you had to have a California Finance Lender’s License (the California Department of Corporations Shut them down because of it and they moved to Nevada, where the Attorney General there eventually put them out of business) and the president’s own attorney was stiffed for his fee ( He would like to find Kendra Bernal today to seek over $10,000 that he claims she owes him today---so if you know where she is, he’ll pay a “finders fee.”)
Leasing News has a section on its “web site” called Bad Boys: http://www.leasingnews.org/Conscious-Top%20Stories/bad_boys.htm
Kendra Bernal made it, proving that even women can be “Bad Boys.”
Sent to Leasing News October, 2001:
“The Funding Tree, Inc., Riverside, CA has been accepting sub-prime deals on trucks and other equipment. They collect 15% prepaid residuals and doc fees up front. They cannot fund and getting refunds is next to impossible. I know of deals that are 3 plus months old. They also claim on their letterheads to be members of the NAELB. They are not according to Maria at the NAELB.”
Some deals are as old as 7/01
Gary W. Psaledas (retired from the leasing business, primarily due to all the stress and losses incurred during this period) Western Equipment Financing, Inc. 83 Abajo Dr., Edgewood, NM 87015 505-286-5437, Fax 505-286-543 Thirty-three years, Member NAELB
Funding Tree Response:
“We have 3 deals that are 120 days aged. 1 is a managed credit program, which means, this is normal. The vendor receives the payments and once the lessee makes 4 or more consecutive, on time payments the vendor is paid. The other two transactions are trucking transactions.”
Kendra Bernal The Funding Tree, Inc. 6141 Riverside Ave., Suite 1 Riverside, CA 92506 909.369.3150 Office Phone
Looking into this further, Leasing News reportedly found over thirty transactions not funded:
Dealers Not Funded
Midwest Truck Sales, Inc. John Saied 888-446-1127 R.E.B. Express Ellie Corbello 888-968-3563 X 113 Volvo of Utah Rebecca Hall 888-478-2276 Rush Finance Brent Hughes 800-973-7874 Coastal Finance(broker) Jim Coxe 800-887-0843 Volvo of Albuquerque Venita Coffee 505-843-7703 Inland KW-Phoenix Jerald Collens 800-258-7791 TEC Equipment Georgia Field 800-497-7667 Idaho FL Frank Flemming 800-658-5084 Danforth Capital (broker) Dan Chagnon 800-910-2225 Whited Trucks Mark Walsh 800-786-4736 IMCO Trailers Paul Yberra 888-496-4626 Prudential Leasing (broker) William Ross 972-392-3008 AMEX Equipment Dick Steensland 623-872-3468 Premier Truck Center Chris Mehaffie 800-671-6882 Atlas Trucks Gordon Chou 877-860-6757 S.E. Truck Sales Peter O'Donnell 877-295-3748 M&K Quality Truck Sales, Inc. Ron Meyering 800-510-8727 I-10 International Trucks Gayle Austin 877-954-9241 returned half of $26,000 up front money Tulsa Freightliner Dan Clark 800-725-5312
According to the Department of Corporation, there are another two dozen deals from dealers on one street that were not funded, money not returned, and they have an on going investigation and hearing to be held on the allegations.
At this time, Gary Psaledas of Western Equipment Financing goes on line via listserve of the National Association of Equipment Leasing Brokers to warn other members about the Funding Tree and the experience he is having. Other brokers have similar problems with the Funding Tree.
He then contacts the California Department of Corporations.
“I received a phone call from John Noonan, CA Dept. of Corps., Investigations division, 916-322-6067. He asked a lot of questions regarding the Tree. He also told me that Bernal had 9 Felony counts in 97 of which she pled to two. I will be talking with him again today. This may be a good source for you to send the ex-employees and the other brokers.”
Leasing News confirms this information with the Department of Corporations and the District Attorney, who confirmed what we were told. One of the requirements was “ Mrs. Bernal not to handle money of others.” The Funding Tree nor Kendra Bernal is not a licensed in the State of California, although she originally told Leasing News the company was licensed.
Ex-employees, including the ex-sales manager tell us about high lease factors, advance rentals and 15% deposit collected on many hard credit “owner-operator” leases, but commissions not paid, and they suspect the leases were not funded. They state the Funding Tree was also collecting monthly rentals from lessees, although the vendors had not been paid. Reportedly “commission only” sales people come and go.
Kendra Bernal states this is a misunderstanding and she will have a statement soon.
In the meantime, the Funding Tree and Integrity Group merges. She tells us they have money and will be funding leases, as part of the agreement to merge, plus they are seeking new “investor money.” Please wait, she asks, as this will all be straightened out.
From: Dave Muilenburg <dave_muilenburg@yahoo.com> Subject: Re: Funding Tree Inc. Confidential Date: Wed, 13 Mar 2002 11:11:23 -0800 (PST)
“I appreciate your prompt response and would like to file a complaint. I don't know what information you need but the following should suffice. Lessee - Gilbert Lechuga dba G.L. Concrete Pumping. Approved January 31, 2002. Amount approved $50,020.00. Down payment $7898.00 (which they cashed). We requested the advance back verbally and they are insisting of it in writing which we are doing. Let men know if you need any more information. Thanks, Dave”
Leasing News does not know the true status of this transaction at this date.
Yes,. this was confidential, at first, then given permission to quote and try and obtain the advance rentals “or approvals” back. This went back and forth trying for resolution. In the meantime, Gary Psaledas is counter sued and upon the advice of his attorney, will make no more statements.
Kendra Bernal states she is returning all the advance rentals from deals not funded, just as Commercial Money Center did, and to please give her some time to accomplish this. Several more weeks go by. Perhaps another month.
“Here is some info I know about them. I am just a small time broker that previously worked for *******. I moved from California to ***** and was offered a position with the Funding Tree, as I had a lot of contacts in the "D" and "F" credit arena.
“They were trying to pick up where CMC left off, but I can tell you, they were the most unprofessional group of people I have ever worked with. They have been collecting hefty advance rentals since August of last year and as far as I know have not funded a single transaction. It only took me a short time to figure out they were not going to come through on any of their promises. I was told it could be 30 days for funding
“. I know I personally booked about 125K in transactions before I figured out that none of them were to going to fund. Not a huge amount,(3K in commission)that I will never see, but I felt truly bad for the lessees I helped to convince the 15% advance would secure the equipment they so badly needed.
“ I think they are painting a picture to gullible brokers like me, using their contacts to get deals, and then dumping them after they have generated several deals for them. I realize my problems are minimal but maybe you can forewarn others of the situation.”
( name withheld)
Joe Rodriquez of Integrity Group calls to say please hold off on the story as he is trying to legally end this merger. He states he has not made any money. Any of the advance rentals and deposits have stayed with the Funding Tree. He is a broker. Kendra Bernal promised to bring in investors and lines of credit to fund transactions as they were going to be the next Commercial Money Center. But it never happened.
He states he has gone through two attorneys in trying to “clean this up.”
More dealers reportedly not paid:
Courtesy Chevrolet (AZ) 602-279-3232 Sam Garber American Machinery Exchange (AZ) 623-872-3468 Richard Steensland Rush Truck Centers of AZ 602-272-7611 Roger Tarlton (2 deals) Rowe Bros. (OR) 503-228-5558 Hal Western Empire Truck Sales (NY) 716-538-2200 Not sure who to talk to there.
Leasing News asked again to learn what was happening, particularly regarding the Department of Corporation restraining order. Kendra Bernal replied:
“Sorry it took a while to get back with you today.
We did receive a cease and refrain order prohibiting us from doing "consumer lending without a license" This does not impact our leasing business. We have made some modifications to our lease documentation, etc. to ensure that nothing we are doing can be considered "consumer lending". We are working with legal counsel on this matter and feel that we are in complete compliance.
“As to the transaction of GL Concrete transaction:
“We received the transaction in on 03/05/02. The transaction is still missing several items (Copy of drivers license, copy of full phone bill, some bank statements, Vendor Profile, Personal Financial Statement, Indemnity Agreement, Certificate of Insurance, Original Invoice is incorrect) as you can see this is more than a couple of items. The broker that sent the transaction to us (A-1 Financial) was notified of the missing items on 03/06/02 and again on 03/11/02 and yet again on 03/13/02. We spoke with Clair this morning and he said that he did not receive the missing item list on 03/11/02, so we re-faxed the list to him today. We cannot fund a transaction that is incomplete.
“I do not know who Dave Muilenburg is. As far as we know the only additional broker is Anear Financial and Melinda is the only contact that has been forwarding information to Clair and TFT. We did receive a call from an irate CPA this morning by the name of Yvonne who wanted to cancel the transaction. This is obviously not the lessee. We require that all cancellation requests be put in writing. Unlike most leasing companies we do allow lessees to cancel transactions and we do issue refunds, minus our doc fee of $395.00. “
If you need to speak with me, give me a call at the office (909) 369-3150
Kendra Bernal President
During this time brokers on the National Association of Equipment Leasing listserve were being solicited to send business to the Funding Tree. We have several faxes, along with the broker agreements and other terms.
One of the claims is that the Funding Tree has been in business for over five years.
The main pitch: “ We specialize in A to D credit transactions. Referring to our guidelines, you will find that we are unconventionally liberal in our credit decision criteria.”
During this time, the Funding Tree had the Department of Corporations hearing postponed. I think there were two postponements, but the main hearing is now June 4.
STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF CORPORATIONS
TO: KENDRA BEERNAL The Funding Tree, Inc. The Integrity Group Integrity Funding P.O. Box 1016 Mira Loma, CA 91752
or
6141 Riverside Avenue, #1 Riverside, CA 92506
or
10263 50th Street Mira Loma, CA 91752
DESIST AND REFRAIN ORDER
The California Corporations Commissioner (“Commissioner”) finds that:
1. At all relevant times, Kendra Bernal is mad has been the president of The Funding Tree. toe. (“The Funding Tree”), a California corporation. She is also associated with the entities The Integrity Group and Integrity Funding.
2.Beginning in or about July of 2001, Kendra Bernal and The Funding Tree held themselves out as being engaged in the business o making consumer and/or commercial loans,
3.In multiple transactions involving consumers in multiple states, including Illinois, Florida, and Texas, Kendra Bernal and The Funding Tree represented to consumers that they would provide the consumers funding for purchases of commercial vehicles. In reliance upon those representations by Kendra Bernal and The Funding Tree, multiple consumers entered into contacts with dealers for the purch2se of, and took possession of, commercial vehicles.
4.Kendra Bernal and The Funding Tree also entered into agreements -with consumers whereby Kendra Bernal and The Funding Tree promised that they would fund loans to the consumers. The consumers provided valuable consideration to Kendra Bernal and The Funding Tree in exchange for those promises.
The agreements to make the loans were entered into in the State of California, but the Commissioner has not issued a license pursuant to financial Code section 22100 authorizing Kendra Denial or The Funding Tree to engage in the business of a finance lender or broker.
Accordingly, the Commissioner is of the opinion that Kendra Bernal and The Funding Tree have been and are engaged in business as finance lenders or brokers without a license from the Commissioner in violation of the California Finance Lenders Law, Financial Code section 22000 et seq. (“CFLL’), and therefore orders them to desist and refrain from such activities and from further violations of this division, whether a thing individually, jointly, or under other names or through other entities. This Order is issued pursuant to CPU section 22712 on the ground that it is necessary, in the public interest, for the protection of consumers and consistent with the purposes, policies and provisions of the CFLL.
Dated: January __, 2002
Sacramento, California DEMETRIOS A. BOURTRJS California Corporations Commissioner
By VIRGINIA JO DUNLAP
Acting Supervising Counsel Enforcement and Legal Services
Kendra Bernal told Leasing News her attorney advised her that she was not doing consumer loans, although the company was running consumer credit on each application, and that it was NOT necessary to have a California Finance Lenders License.
In California, all the major banks and finance companies require discounters to have such a license, and it is part of their application process to do business with them.
From a United Association of Equipment Leasing Legal Workshop Conference:
“The point was that if the transaction was ruled a loan, not a lease as you had intended, you could be subject to laws of usury in California.
“The lease then could be considered usurious and you would lose, even if in default.
“All your salesmen must either have this license or work as your employee ( you cannot have a free lance salesmen unless he has a license ). Bank of the West and others used not to do business without evidence of the license.
“Some of these licenses are needed in other states.”
Kendra Bernal states she does not need the license to operate, attract an investor or obtain a line of credit, and has hired an attorney to represent her at the June 4 Department of Corporation hearing.
Leasing News asked her for a statement, and she sent this PDF file, three pages, which we recommend you read in its entirety: :
http://www.leasingnews.org/PDFFiles/TFT_LN_COMMENT.pdf
-----
The Funding Tree---The Details of the Closing from Landlinemag.com
SPECIAL REPORT: Easy money? Not so easy for Legacy Leasing
--by Rene Tankersley, feature editor/landlinemag.com
An advance-fee finance company that owner-operators say took advantage of them is feeling the heat of an investigation after the Nevada Attorney General's Office and local police secured the company's offices and files last week.
The Las Vegas Metro Police Department executed a search warrant Wednesday, March 5, on Legacy Leasing, also known as The Funding Tree, according to Debra Bryant, an office worker at the police department. She said police secured the premises in preparation for investigators from the Attorney General's Office, who arrived the following day.
Neil Rombardo, deputy attorney general in Nevada, confirmed a search warrant was issued for Legacy Leasing's office suite, two vehicles and a residence.
Although the company did business under the name Legacy Leasing, it is registered with the Nevada Secretary of State's Office as The Funding Tree, an advance-fee finance company formerly located in California.
Last year, Land Line reported owner-operator complaints about The Funding Tree after OOIDA members reported paying advanced fees and payments to the company for financing that never materialized.
After the California Department of Corporations last year ordered The Funding Tree to stop making loans without a lending license, the company's former president, Kendra Bernal, was arrested. The company's then-vice president, Bruce Peterik, announced he would be president.
Last month, Land Line learned that The Funding Tree had resurfaced in Laughlin, NV, as Legacy Leasing. Through information from former Legacy Leasing employees, Land Line learned OOIDA members had paid money to the company for advance fee and payments on truck financing that never materialized.
One member, Larry Hargrove of Las Vegas, says he paid Legacy Leasing $4,000 in November. After three months of empty promises, Hargrove showed up at Legacy Leasing one afternoon last month demanding his money back.
Hargrove said police handcuffed him after the company accused him of threatening them. Hargrove says police released him on the spot after his wife showed them their finance agreement from Legacy Leasing.
Hargrove wasn't the first OOIDA member to show up at Legacy Leasing's offices. Kenny Farrington, also from Las Vegas, says he paid the company $3,200 in December.
Last month, Farrington and Bob Groves, an Oregon truck dealer who was also waiting for money from Legacy Leasing, went to the company's office and demanded their money. Groves said they left empty-handed after office personnel threatened to call police.
Donna and Gerald Branscom from Turon, KS, say they paid more than $7,000 to Legacy Leasing to finance a new truck. As with other members, the Branscoms say financing was always just a day away - or at least that's what Legacy Leasing had told them for the past three months.
For the Branscoms, the news of Legacy Leasing's demise is bittersweet. They are still without their money or their truck. Because they sold their old truck to get the $7,000 down payment, the Branscoms were left with no financing and no truck.
Fortunately, Gerald's carrier leased him a truck so he could keep running until he can buy another truck.
"We figured that new truck would have been our last truck until retirement," Donna said. "They put us out of work. They took away our dream. We could have lost everything."
LAND LINE MAGAZINE IS THE BUSINESS MAGAZINE FOR PROFESSIONAL TRUCKERS AND THE OFFICIAL PUBLICATION OF THE OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION (www.ooida.com)
--------------------------------
(Rene Tankersley of Landline Magazine should get an award for the reporting of this company that obviously hurt many truck owner and operarators but vendors and brokers, too.
(Our archive pages are over 3,500, so our “fast find” seems to work on the most current first. That is one thing we would like to improve in the future. It costs money. Most internet newspapers charge for viewing their archives. As a user, I always hated that, so that is why this one is free.
(It uses the best soft ware available, but it can be improved.
(To view the top stories about The Funding Tree, please go here:
http://www.leasingnews.org/Conscious-Top%20Stories/fundingTree_stories.htm
(Again, her last attorney will pay a "finders fee" if you can tell him where he can locate her to collect the money he owes her for defending her ( the judge told him since he was "of record," he had to prepare her defense and it was up to him to collect the money for court costs and his time as she was his "client of record. editor)
This Day in American History
1779 -Benedict Arnold in essentia court-martialed for “improper conduct.” http://www.earlyamerica.com/benedict.html 1783-George Washington resigned his commission as commander-in-chief of the Continental Army in the senate chamber of the Maryland State House in Annapolis, where the Continental Congress was then meeting. ( lower part of: http://memory.loc.gov/ammem/today/dec23.html 1788- Maryland votes to cede a 10 square mile area for District of Columbia http://prorev.com/dctrends.htm 1823 - An anonymous poem appeared in the Troy (NY) Sentinel, "A Visit from St. Nicholas," later known better as "'Twas the Night Before Christmas." The poem was written by a professor of Greek and Oriental literature, Clement Clark Moore, and appeared without his permission in the newspaper. 1834- John R. Morrison of Springfield, OH was granted a patent for bellows for smiths and furnace fires. 1848-The first railroad to run west of the Mississippi River was the Pacific Railway of Missouri( later known as the Missouri Pacific), which began passenger service from St. Louis. 1852 - In San Francisco, California, the Theatre of Celestial John opened on Telegraph Hill, fronting on Dupont Street. It was the first Chinese theatre in the United States. The theater consisted of one vast pit or paquet and had a seating capacity of 1,400. There were no tiers of boxes. No scenery was used. 1860 -- Harriet Monroe birthday, founder/longtime editor of "Poetry" magazine, lives, Chicago, Illinois. http:// www.library.yale.edu/beinecke/orient/mod2.htm 1867-Birthday of Madame C J Walker, probably the first Black millionaire. Madame C J Walker. http://www.princeton.edu/~mcbrown/display/walker.html http://www.amazon.com/exec/obidos/ASIN/155546615X/avsearch-df1-2-20/104-3547695-1517507 1870 – American artist John Marin born http://www.butlerart.com/pc_book/pages/john_marin_1870.htm http://www.artincontext.org/LISTINGS/IMAGES/FULL/0/QUSKC5Q0.htm When she wasn’t onstage or helping behind the curtain, she worked in wardrobe and even taking tickets. Highly talented, Vivian Harris appeared in a number of shows on Broadway and even in France. She died in 2000 at the age of 97. http://www.jazzhouse.org/gone/lastpost2.php3?edit=954322400 1913- President Woodrow Wilson signed the "Federal Reserve Act" into law. The act established twelve Federal Reserve Banks and the Federal Reserve System. The system serves as the nation’s central bank, has responsibility for execution of monetary policy. It is called on to contribute to the strength and vitality of the US economy, in part by influencing the lending and investing activities of commercial banks and the cost and availability of money. http://memory.loc.gov/ammem/today/dec23.html 1919-
African-American Alice H Parker patents gas heating furnace 1925-Birthday of singer Esther Phillips, Galveston, TX, At age 13, she was a member of Johnny Otis's rhythm-and-blues revue. She had a number of r-and-b hits in the early '50s but was forced to retire temporarily because of illness later in the decade. Phillips came back stronger than ever at the start of the '60s with an r-and-b version of a country ballad, "Release Me." It reached number eight on the U-S charts in 1962. The Beatles paid tribute to Little Esther in November 1965 by featuring her on a B-B-C television show. Phillips died August, 1984. http://www.soulwalking.co.uk/Esther%20Phillips.html 1929-Trumpet Player Chet Baker Birthday (My friend Warren Luening said he often played “flat.” He certainly was bombed out. When I was much younger, I dated one of Chet Baker’s ex-girlfriends. She told me he used to beat her up, and since then, I have never been able to listen to any of his albums—although he is considered of the giants of modern jazz. http://chetbakertribute.com/chet.htm http://www.jerryjazzmusician.com/linernotes/cbakerinterview.html http://www.jerryjazzmusician.com/shop/shopmain.cfm? 1931-Birthday of clarinet player Henry Cuesta, McAllen,TX http://www.riverwalk.org/profiles/cuesta.htm http://www.welkshow.com/cuesta.html 1933-Birthday of altoist Frank Morgan born Minneapolis, MS.
http://www.marsjazz.com/frankm.html 1935-Birthday of broadcaster and Pro Football Hall of Fame running back Paul Vernon Hornung, born Louisville, KY. 1938-Music impresario John Hammond presented his famous Spirituals to Swing concert at Carnegie Hall in New York. The event introduced many black jazz musicians to a white audience for the first time, and helped launch a craze for the rhythmic boogie-woogie piano style. Among those appearing were pianists Albert Ammons, Meade Lux Lewis and Pete Johnson with vocalist Joe Turner, blues singer Big Bill Broonzy, gospel singer Sister Rosetta Tharpe, clarinetist Sidney Bechet and the Count Basie Orchestra. 1939-US Trotting association Incorporated. Following an agreement at a January meeting to merge several regional organizations into a national body, the US Trotting Association was incorporated in the State of Ohio. 1939-Frank Sinatra, at $75 a week, wins release from the Harry James Band to join Tommy Dorsey. 1941-Shep Field’s All woodwind band cuts “Firedance.” 1942 - Bob Hope agreed to entertain United States airmen stationed in Alaska for what would be the first of his famous Christmas shows for American armed forces across the world. The Christmas show tradition continued for over three decades. 1944---Top
Hits 1947 - John Bardeen, Walter H. Brattain and William Shockley created the transistor, for which they would share the 1956 Nobel Prize in physics. In its original form, the transistor took up a large amount of space in the New Jersey lab where it was invented. Today, thousands of transistors can be put into a space tinier than a pinhead; and used in electronics such as computers, radios, televisions and video games. 1954 - Walt Disney's 20,000 Leagues Under the Sea, starring Kirk Douglas, James Mason, Peter Lorre and Paul Lukas, was released to theaters. It became one of the Disney studio's biggest-grossing films. 1952---Top
Hits 1955-Pioneer rock 'n' roll disc jockey Alan Freed sponsored a week-long series of shows at the Academy of Music in Manhattan. The bill included both jazz and rhythm-and-blues acts, such as the Count Basie Orchestra and the Cadillac’s. The shows took in more than 100-thousand dollars. 1957 - Actor Dan Blocke debuted on television in the "Restless Gun" production of "The Child". My father Lawrence Menkin wrote the original television play, and later was story editor and wrote several “Bonanza” episodes. My father wrote many TV westerns in the 1950’s. Two years after this “pilot,” Blocker would star in NBC's "Bonanza" as Hoss Cartwright. 1960---Top
Hits 1969 - B.J. Thomas was awarded a gold record for the single, "Raindrops Keep Fallin’ on My Head" from the film, "Butch Cassidy and the Sundance Kid". On January 3, 1970, the song would hit number one on the pop charts, staying there for 4 weeks. 1968-Crew of USS Pueblo released by North Korea. The crew and captain of the U.S. intelligence gathering ship Pueblo are released after 11 months imprisonment by the government of North Korea. The ship, and its 83-man crew, was seized by North Korean warships on January 23 and charged with intruding into North Korean waters. The seizure infuriated U.S. President Lyndon Johnson. Later, he claimed that he strongly suspected (although it could not be proven) that the incident with the Pueblo, coming just a few days before the communist Tet Offensive in South Vietnam, was a coordinated diversion. It was 11 long months before the Pueblo's men were freed. Both captain and crew were horribly treated and later recounted their torture at the hands of the North Koreans. With no help in sight, Captain Lloyd Bucher reluctantly signed a document confessing that the ship was spying on North Korea. With this propaganda victory in hand, the North Koreans released the prisoners and also returned the body of one crewman who died in captivity. Some Americans criticized Johnson for not taking decisive retaliatory action against North Korea; others argued that he should have used every diplomatic means at his disposal to secure a quick release for the crew. In any case, the event was another blow to Johnson and America's Cold War foreign policy. It dug Johnson in deeper into the war effort to overcome his “loss of face.” 1968---Top
Hits 1969-The Supremes began Diana Ross's farewell engagement at the Frontier Hotel in Las Vegas. Ross would go on to a hugely successful solo career. The Supremes also continued to hit record charts with Ross's replacement, Jean Terrell. She was the sister of heavyweight boxer Ernie Terrell. 1969 - Elton John had his first meeting with arranger Paul Buckmaster, writer Bernie Taupin and producer Gus Dudgeon. Their collaboration started one of music's most lucrative milestones of the 1970s. Together the four created "Your Song", "Friends", "Levon", "Tiny Dancer", "Rocket Man" and many more. 1970-Canadian folksinger Joni Mitchell was awarded her first gold record for the album "Ladies of the Canyon." The L-P contained the hit single "Big Yellow Taxi 1972-The “ Immaculate Reception:” In an AFC first-round play-off game between the Pittsburgh Steelers and the Oakland Raiders, the Raiders were ahead, 7-6, with 22 seconds to play. Pittsburgh had the ball on its own 40-yeard line. Steelers quarterback Terry Bradshaw three a desperation pass intended for Johnny Fuqua. The ball deflected off an Oakland defender into the waiting arms of Franco Harris, who ran into the end zone for the winning touchdown. The Steelers defeated the Raiders, 13-7, and the play has since been known as the “Immaculate Reception.” 1974- The first free agents in major league baseball were Any Messersmith of the Los Angeles Dodgers and Dave McNally of the Montreal Expos. A Federal arbitrator ruled that the two players, and by extension other major league baseball players not bound to a current contract, were free to sell their services to the team that offered them the most money. 1975-Metric Conversion Act: The Congress of the US passed Public Law 94-168, known as the Metric Conversion Act of 1975. The act declares that the SI (international System of Units) will be the country’s basic system of measurement and established the United States Metric Board which is responsible for the planning, coordination and implementation of the nation’s voluntary conversion to SI (Congress had authorized the metric system as a legal system of measurement in the US by an act passed July 28,1866. In 1875, the US became one of the original signers of the Treaty of the Metre, which established an international metric system. 1976---Top
Hits 1991 - Longtime Pittsburgh Steelers head coach Chuck Noll retired after 23 seasons. He was the only coach to have four Super Bowl wins (1975-1976, 1979-1980) and was the fifth winningest coach in the NFL (209-156-1). 1997-Phil Jackson of the Chicago Bulls won the 500th game of his coaching career as the Bulls defeated the Los Angeles Clippers 94-89. Jackson got to 400 in his 682nd game, faster than any other coach in NBA history. He was the twentieth coach to reach the 500 mark. 1997-Right wing Jarri Kurri of the Colorado Avalanche became the eight palyer in NHL history to score 600 regular-season goals. Kurri tallied in the first period as Colorado defeated the Los Angeles Kings, 5-1. 1997 - Terry Nichols was convicted by a Denver, Colorado, jury on charges of conspiracy and involuntary manslaughter in the 1995 federal building bombing in Oklahoma City.
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