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Leasing News is a web site that posts information, news, and
entertainment for the commercial bank, finance and leasing industry

Friday, February 1, 2013

Go 49ers

Today's Equipment Leasing Headlines

   Archives—Pictures from the Past
    May, 1993 --- and Where They Are Today
     Classified Ads--- Controller/Credit
The House that Jerry Built
 by Christopher Menkin, Publisher
  Marlin Continues Growth & Sales in 4th Q/Year-end
   --- Outlines Who They Are
    Companies who notify lessee
      in advance of lease expiration
 Microfinancial issues press release on Fourth Quarter
  and Year End 2012 results, with highlights
   TCF Financial Up in many categories
    ---but Banking Fees
     Commercial National Bank Leasing
      joins “Funder List---A”
       Classified Ads---Help Wanted
   New Hires---Promotions
Look Up, Not Down at Your Computer Monitor
 by Kit Menkin
  Fortune Capital Recovery Joint Venture
   with Creditors Trade Association
    Beverly Hills Real Estate Agent Pleads Guilty
     to Obstructing the IRS
      Defendant owes over $1.7 million in back taxes to the IRS
 American Staffordshire Terrier
  Novato, California Adopt-a-Dog
   Bullet to the Head/Barbara
    Flight/Hotel Transylvania/Bully
     Movie/DVD Reviews by Fernando Croce
      “Barry Saves the Day"
        Fiction Short Leasing Story
   ---Dedicated to Jerry Newell,CLP---
    by Kit Menkin
News Briefs---
 Direct Capital Grows Business By 43% In 2012
  Exchange Bank, Santa Rosa, CA profits flat in 2012
   Mortgage Rates go Up with the Stocks
    General Electric: Is This General Ready To Lead Again?
     Peregrine Financial founder sentenced to 50 years
       Quick-Service Restaurant Shares Outperformed 2012 Stock Market
        Guns: Similar paths for tobacco, gun lobby?
         Five Reviews Of The BlackBerry Z10
    How BlackBerry 10 Runs 28,000 Android Apps Without a Back Button
      After Hadiya's death, Chicago to put 200 more cops on the street

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

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

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

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Archives—Pictures from the Past
May, 1993 --- and Where They Are Today

Golf Champions: Western Association of Equipment Leasing Spring Conference Palm Springs, California First Place Team: Ron Mitchell, account executive, ITT Capital Finance, Pleasanton, CA(far left) Kelly Hutchison, National account manager, Lease Pro, Marietta GA (front row, left) and Kevin Libert, VP, ITT Capital Finance ( standing with visor;) Second place went to Kelly Long, regional marketing manager, First Concord Acceptance, Corp., Denver, CO ( back row, third from left) and to Kelly's right, Jim Lahti, president, Affiliated Corporate Services, Inc. Dallas, TX., John Torbenson, president BJ Leasing, Inc., Bellevue, WA(bottom, right).

Closest to the hole: Phil Dushey, EVP, Global Leasing Services, New York, New York (standing, far right).

Longest Drive: Doug Hatch, AVP, Bank of the West Walnut Creek, CA. (center, holding plaque).

Today, February 1, 2013

Ron Mitchel, SVP, BancLease Acceptance

Kelly Hutchinson---please let us know

Kevin Libert, District Sales Manager at Commercial Credit Group

Kelly Long--please let us know

Jim Lahti, President at Affiliated Investment Group, Inc.

John Torbenson, President - Odyssey Equipment Financing

Phil Dushey, President, Global Financial Services

Doug Hatch, Division Risk Manager, Bank of the West

(He joined Central Bank Leasing 1983, later become
Credit Manager, Bank of the West Leasing, and states
over last Thanksgiving played the same golf course.)



Classified Ads---Controller/Credit

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

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


Greater Atlanta, GA
13 yrs. small ticket--directly w/brokers & direct sale, plus working
capital.. Most recently Medical.  
Cell: (770) 561-1434 LinkedIn: | Resume

Free Posting for those seeking employment in Leasing:

All “free” categories “job wanted” ads:


Comprehensive personal property tax outsourcing services
We accept file exports and integrate personal property tax information with all lease management or accounting software. No other firm offers the combination of individual attention, software capabilities expertise, "full disclosure" and web port accessibility to information more than we do. 

Click here to learn what our clients say about our service
Gary DiLillo, President 440.871.0555 or



The House that Jerry Built
by Christopher Menkin, Publisher


Jerry Newell, CLP, Executive Vice President
Equipment Finance Division
Bank of the West

Jerry Newell, CLP, Executive Vice President, Equipment Finance Division, Bank of the West, San Francisco, California is planning to retire in 30 days, on March 1, 2013. The bank has announced that John Evans who has led the Vendor business will be promoted to Equipment Finance Division Manager.

“John has a deep understanding of the business, and he and I have partnered closely for 7 years so he is well positioned to continue the bank’s focus on our clients’ growth,” Jerry said. (see “New Hires-Promotions”).

When Jerry took over Bank of West Leasing in July, 1994, (formerly CenVal Leasing, part of the acquisition of Central Bank) from Manager Doug Hatch and business development head Russ Rickards, there were six employees who produced $20 million in annual sales. All business was indirect. He had a plan in mind. March 1st he is leaving, having grown the business to 210 employees, $1.5 billion in sales and $3.6 billion in assets, and created a multi-channel business that includes indirect, direct, and vendor equipment finance units, a "back office" operation in Oregon, and an inventory flooring business, now spread across the United States.

Newell is retiring at the young age of 57, after 35 years of employment in the banking industry, rising through several banks starting with Lloyd’s Bank for ten years, including one year with Sanwa, which purchased the bank where he was working. He then joined Bank of the West in 1987; he received his Bank of the West 25 year anniversary wrist watch last November.

He graduated from Georgetown University, BSFS, Economics, later from Golden Gate University with an MBA in Finance. As he explains it, he went through the Lloyds Bank management training program, then started advancing through the corporate lending organization. After moving to Bank of the West, Newell continued in corporate lending and then credit administration until he was offered the opportunity from now former CEO Don McGrath, as he explains it, to “manage and grow his own business within the bank. I have been fortunate to have had a very entrepreneurial experience running this specialized business, but always with the strong backing and support of Bank of the West.”

As Newell explains in "Why I became a CLP," "I had 15 years of bank commercial lending and credit administration experience, but no background in the equipment leasing and finance industry. I learned the business through on the job experience, working with knowledgeable colleagues, reading and course work." (2)

When Newell started managing Equipment leasing in 1992 it was a broker funding source only. He grew this broker business significantly, but also one of the first changes he made was to go "direct," meaning business from bank branches, expanding to help bank customers. The direct business was further expanded in early 2002 with the bank’s acquisition of United California Bank (formerly Lloyds and then Sanwa Bank) when Newell employed that leasing team to focus on Direct.

In November 2002, Bank of the West Equipment Finance took a big step forward into the Vendor and Managed Services business channels with the acquisition of Trinity Capital Corporation. "Partnering with Bank of the West will allow us to expand our offerings to the industries we serve and will also contribute significantly to the success of Bank of the West," said Jim Halow, President of Trinity Capital. Trinity owners Jim and Donna Halow will continue in their executive positions. No staff reductions are planned. Trinity Capital Corporation was launched in San Francisco by the Halows in 1980, and specializes in nationwide vendor leasing programs for manufacturers in specific vertical markets.” (4)

Nick Gibbens, vice president of Trinity Sales at the time, is today Vice-President, Equipment Finance, located in San Francisco, managing two business units within Bank of the West's Equipment Finance Division Vendor unit: Diversified Equipment Solutions and Third Party Originations.

In 2007, Newell also launched Dealer Financial Services to provide dealer inventory flooring, with the goal of providing full service retail and wholesale offerings to their Vendor relationships. Managed Services is also now located in Portland, Oregon under the direction of Eric Gross, primarily involved in what is known as providing “back office” for smaller banks, leasing companies and other financial entities.

Bank of the West’s Equipment Finance Division is now quite large and profitable, and meeting Jerry’s original goal: a national, multi-channel equipment finance business to not only service lease brokers, but also bank customers and Vendors, both manufacturers and their dealers.

Senior executive vice president Jean-Marc Torre, head of Bank of the West’s Commercial Banking Group, said:

“Jerry’s smooth and consistent management style, precision in setting and achieving targets, unique blend of deep experience and fresh insight, and utmost professionalism have been great assets for Bank of the West…

”We thank Jerry for his contributions to our business and wish him all the best.”


As a side note, Jerry should get the credit for a major change in Leasing News. The internet was still text as was Leasing News and going into HTML. Leasing News decided to design its HTML program for portrait and digital readership, not magazine or newspaper style, as well as the freedom of advertising placement and size. The trend was going to flash, banners, and reproduction of press release. Jerry said he read Leasing News for the news about the industry on his hand held blackberry while traveling from his office in San Francisco to the indirect leasing operation in Walnut Creek, California (at the time.) Leasing News realized if Jerry was doing it, other would follow as he was not only a leader in finance and leasing ---but in viewing the future.

We certainly will miss him, too. A straight shooter.

Leasing News

(2) Why I Became a CLP



Bookmark us


Marlin Continues Growth & Sales in 4th Q/Year-end
--- Outlines Who They Are

Marlin Business Services with its division Marlin Leasing issued a press release on its year end and a Form 10-K SEC filing.

The press release stated:

“Fourth Quarter and Full Year Highlights:

• Net income of $3.6 million for the fourth quarter of 2012, and $11.7 million for the full year, up 89% year-over-year
• New lease originations of $87.8 million for the fourth quarter of 2012, and $322.2 million for the full year, up 41% year-over-year
• Risk adjusted net interest and fee margin of 11.55% for the quarter
• $378 million of insured deposits, up 90% year-over-year
• Average cost of deposits of 1.00% for the fourth quarter
• Strong capital position, equity to assets ratio of 29.01%
• Total risk-based capital ratio of 33.04%
• Efficiency ratio improved to 60% for the full year, compared to 70% for 2011”

Highlights from the 10-K

“Our principal competitors in the highly fragmented and competitive small-ticket equipment leasing market are smaller finance companies and local and regional banks. Other providers of equipment lease financing include KeyCorp, De Lage Landen Financial, CIT Group, GE Commercial Equipment Finance and Wells Fargo Bank, National Association. Many of these companies are substantially larger than we are and have significantly greater financial, technical and marketing resources than we do. While these larger competitors provide lease financing to the marketplace, many of them are not our primary competitors given that our average transaction size is relatively small and that our marketing focus is on independent equipment dealers and their end user customers.

"The small-ticket equipment leasing market is highly fragmented. We estimate that there are more than 100,000 independent commercial equipment dealers who sell the types of equipment we finance. We focus primarily on the segment of the market comprised of the small and mid-size independent equipment dealers. We believe this segment is underserved because: (1) the large commercial finance companies and large commercial banks typically concentrate their efforts on marketing their products and services directly to equipment manufacturers and larger distributors, rather than to independent equipment dealers; and (2) many smaller commercial finance companies and regional banking institutions have not developed the systems and infrastructure required to adequately service these equipment dealers on high volume, low-balance transactions. We focus on establishing our relationships with independent equipment dealers to meet their need for high-quality, convenient point-of-sale lease financing programs."

(page 2)

  • “At December 31, 2011, we had 65,000 active leases in our portfolio, representing aggregate minimum lease payments receivable of $437.3 million. With respect to our portfolio at December 31, 2011:

  • “The average original lease transaction was approximately $11,600, with an average remaining balance of approximately $6,700;

  • “The average original lease term was approximately 50 months;

  • Our active leases were spread among approximately 55,000 different end user customers, with the largest single end user customer accounting for only 0.12% of the aggregate minimum lease payments receivable;

  • “Over 83.4% of the aggregate minimum lease payments receivable were with end user customers who had been in business for more than five years;

  • “The portfolio was spread among 9,883 origination sources, with the largest source accounting for only 1.21% of the aggregate minimum lease payments receivable, and our 10 largest origination sources accounting for only 9.4% of the aggregate minimum lease payments receivable;

  • “There were over 100 different equipment categories financed, with the largest categories set forth as follows, as a percentage of the December 31, 2011 aggregate minimum lease payments receivable.”

(page 8)

“Our principal competitors in the highly fragmented and competitive small-ticket equipment leasing market are smaller finance companies and local and regional banks. Other providers of equipment lease financing include KeyCorp, De Lage Landen Financial, CIT Group, GE Commercial Equipment Finance and Wells Fargo Bank, National Association. Many of these companies are substantially larger than we are and have significantly greater financial, technical and marketing resources than we do. While these larger competitors provide lease financing to the marketplace, many of them are not our primary competitors given that our average transaction size is relatively small and that our marketing focus is on independent equipment dealers and their end user customers.”
(page 17)

"At December 31, 2011, we operated from five leased facilities including our executive office facility, a Philadelphia office facility, two branch offices and the headquarters of MBB. Our Mount Laurel, New Jersey executive offices are housed in a leased facility of approximately 50,000 square feet under a lease that expires in May 2013. We also lease 3,524 square feet of office space in Philadelphia, Pennsylvania, where we perform our lease recording and acceptance functions. Our Philadelphia lease expires in July 2013. In addition, we have a regional office in Johns Creek, Georgia (a suburb of Atlanta). Our Georgia office is 5,822 square feet and the lease expires in July 2013. The headquarters of MBB in Salt Lake City is 5,764 square feet and the lease expires in October 2014. We also lease 300 square feet for a sales office in Sherwood, Oregon. This lease commenced September 2010 and is on a month-to-month basis. We believe our leased facilities are adequate for our current needs and sufficient to support our current operations and anticipated future requirements."
(page 25)

Marlin Press Release

Marlin 10-K




Companies who notify lessee in advance of lease expiration 

These companies do not use language to confuse, perhaps to deceive, with the result an automatic continuation for an additional twelve months of payments. They do not invoke the twelve months on a $1.00 purchase option or an Equipment Finance Agreement.

In its editorial of June 30, 2011, Leasing News recommends that the equipment lessor send a certified letter with return receipt; however, at this time, the acceptance of the word of the president of the company will be accepted until proven otherwise.

ABCO Leasing
Advantage Funding
Agility Ventures LLC
Allegiant Partners
American Leasefund, Inc. 
Balboa Capital Corp. 
BancLease Acceptance Corporation 
Bank of Ozarks Leasing 
Bankers Capital
Bank of the West, Indirect Equipment Finance 
Black Rock Capital
BSB Leasing
Capital Technology & Leasing, LLC
Cobra Capital, LLC
Commerce National Bank
Dakota Financial, LLC
Direct Capital

Financial Pacific Leasing 


Five Point Capital, In
Forum Financial Services, Inc. 
Gonor Funding
GreatAmerica Leasing
Innovative Lease Services, Inc.
Madison Capital
Macrolease Corporation 
Manufacturer's Lease Plans, Inc
Mesa Leasing
Maxim Commercial Capital
Mount Pleasant Capital
National Machine Tool Financial Corporation
Navitas Lease Corp. 
Northwest Leasing Company
P&L Capital Corporation 
Pacifica Capital 
Pawnee Leasing Corporation

Southern California Leasing, Inc 
Standard Professional Services, LLC
Stoddard & Associates 
TEAM Funding Solutions
Vehicle Lenders Group, LLC



MicroFinancial issues press release on Fourth Quarter
and Year End 2012 results, with highlights

MicroFinancial Incorporated (NASDAQ:MFI) a financial intermediary specializing in vendor based leasing and finance programs for microticket transactions from $500 to $10,000 plus, announced Net Income $9.4 million compared to $9.0 in 2011. Revenue increases 8.5% to $59.4 million to $54.7 Million 2011. Originations increased 17.3% $91.7 million to $78.2 million 2011

Increased Revolving credit facility from $100 to $150 million. Increased dividend payout from $.024 from $.021 2011

The company in 2011 opened an office on the West Coast, Westlake Village in Southern California, to give both vendors and brokers an extra three hours, after the East Coast company closes. 

Richard Latour, President and Chief Executive Officer said, "We are very pleased with our operating results for 2012. We successfully executed on several strategic initiatives designed to expand our market footprint and increase our lease originations. The investment in sales and marketing initiatives resulted in an 18% growth in dollars of applications and a 17% increase in year over year originations.

Full Press Release


TCF Financial Up in many categories
---but Banking Fees

TCF Financial, Wayzata, Minnesota report quarterly net income of $23.6 million with highlights:

- Net interest margin of 4.65 percent, up 66 basis points from 2011
- Total loans and leases of $15.4 billion, up 9 percent from 2011
- Average deposits increased $1.2 billion, or 10.1 percent from 2011

In millions, Leasing and Equipment Finance was up 41.4% from $18,492 in the fourth quarter of last year to 4th quarter this year: $26,149. Last year total was $89,167 and this year $92,721, up 17.7 percent for the year.

(page 4)

Note many gains, but the major down was:

"• Banking fees and service charges in the fourth quarter of 2012 were $44.3 million, down $6.7 million, or 13.2 percent, from the fourth quarter of 2011. The decrease in banking fees and service charges from the fourth quarter of 2011 was primarily due to changes in our deposit product fee structure and the elimination of the monthly maintenance fee. Banking fees and service charges in the fourth quarter of 2012 increased $517 thousand from the third quarter of 2012 as seasonal decreases in incident rates were offset by an increase in checking accounts and additional fees related to accounts acquired from Prudential."
(page 5)

TCF Earnings Release:




Commercial National Bank Leasing
joins “Funder List---A”

In Business Since 
Leasing Association
Business Reports
Commerce National Bank Leasing
Steve Reid, CLP,
714-678-5306 (direct)
App only California
Fin.Statements in
contiguous states
Average App Only $65K,
Average commercial $195K

A -Accepts Broker Business | B -Requires Broker be Licensed| C -Sub-Broker Program| D -"Private label Program" | E - Also "in house" salesmen

Full “Funder List—A”


Leasing Industry Help Wanted

Los Angeles, CA

Credit Analyst
 Review and Approve Applications/Vendors

Documentation/Funding Staff
 Leasing/Banking experience a plus

Experience preferred. Salary, Commission
Bonuses and Benefits.

For more description of duties, please click on position
At Pacific Capital Companies our mission is to provide the American business sector with fast, innovative, financing solutions
to grow their companies and exceed their goals.

Long Island, New York
Must be willing to visit our office one time per week.

Experienced & Successful Salesperson wanted, salary- leading to draw / commission comp formula.  Excellent Benefits including 401K and paid vacation - subsidiary of Bank Rhode Island, dynamic and well-funded

Since 1969, Macrolease has been operating
as a full service national equipment leasing company,
a subsidiary of Bank Rhode Island

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

Please see our Job Wanted section for possible new employees.



New Hires---Promotions

John Evans was named manager of Bank of the West Equipment Finance Division effective March 1 and will be located in San Francisco, California. Previously he was senior vice president, Trinity, a division of Bank of the West since 2005.

“John has a deep understanding of the business and is well positioned to continue the bank’s focus on our clients’ growth. He has worked closely with Jerry for many years, and his appointment speaks to the depth of the bench of talent at Bank of the West,” said senior executive vice president Jean-Marc Torre, head of Bank of the West’s Commercial Banking Group.

Torre continued, “John’s expertise will be a strong asset in executing our vision of becoming a Top 10 U.S. bank leasing company and expanding the Equipment Finance Division’s recognition in the international vendor finance business.”

Evans previously was managing director/ceo, Phillips Medical Capital (September, 2002-September, 2004), senior vice president, DeLage Landen Financial Services (august, 1999-August, 2002), senior vice president, BancBoston Leasing (May, 1996-August, 1999) SVP, Banc Boston Leasing (1995-1999) Babson College - Franklin W. Olin Graduate School of Business MBA, Finance (Babson College - Franklin W. Olin Graduate School of Business MBA, Finance 1987 – 1991) Syracuse University, BA (1974 – 1978)

Richard Garwood joins Marlin business Services, Mount Laurel, New Jersey as vice president of the Industrial Finance Group " increase penetration in this market segment, which includes several equipment categories within the industrial market." Previously he was vp regional sales, GE Capital Equipment Finance (November, 2011-January, 2013), senior vice president sales & marketing Emcon Associates (September, 2009-November, 2011), senior vice president, GE Capital April, 2008-December, 2008), senior vice president and regional manager for GE Capital's Construction Equipment Finance business (April, 2008-December, 2008), senior vice president & regional manager for CitiCapital Commercial Equipment Finance (October, 2001-April, 2008),Eastern Illinois University (1984 – 1987).

Stephen Goldstein has been promoted from general manager to president, Affiliated Financial and National Leasing Quebec Agency, Montreal, Canada area. He joined the firm in August,1999. Prior he was president, owner, Affiliated Financial Services, (Affiliated Financial Services (1999-2012). Concordia University Bachelor of Arts (BA), Economics (1988 – 1991).

Jim Krug joins Fleet Financing Resources, Riverside, California, as Director of Operations and Account Services. Previously he was "Vice President and General Manager for Edson Financial, Inc., the captive finance company for Krystal Enterprises. Prior to his tenure at Edson, Krug held operation and management positions with companies that included ORIX Financial Services, New Era Funding and Tokai Credit Corporation. In his new role as Director, Krug will be managing client services and overall operational success in meeting quality, productivity and financial goals."

Bruce Sullivan joins Diversified Capital, Gillette, New Jersey, as senior account manager. He "...will be responsible for the development of target markets, including the digital photography and equipment market through its FotoFunding division. “We are excited to welcome Brian as a member of our team“ said Bruce Smith, Vice President and owner of Diversified. “Brian brings with him more than 25 years of leasing experience, many of which have been spent in small ticket vendor development; our company’s focus. Brian will be instrumental in the execution of Diversified’ s growth plans. Plus he’s an overall good guy to be around.”

Kenneth Sullivan named director of credit management, TD Equipment Finance, Cherry Hill, New Jersey. He joined the firm in October, 2012 after serving as SVP Chief Credit Officer Fifth Third Equipment Finance (September, 2006-October, 2012). Previously he was vp credit and operations, Siemens Financial Services (October, 1998-spetember, 2006), vp credit, Bell Atlantic capital (1988-1998). He..." lives in Newtown, Pa., with his wife and four children, having recently re-located to Bucks County from Ohio. He has previously lived in Bridgewater and West Amwell, N.J., during his professional career. Sullivan was born and raised in the Bronx, N.Y., where he graduated from Mount Saint Michael Academy in 1976. He graduated from Marist College in Poughkeepsie, N.Y., in 1980 with degrees in accounting and economics. Clients of TD Equipment Finance include small businesses, middle market companies and large corporations throughout the TD Bank footprint from Maine to Florida. Products and services include Operating Leases, Capital Leases, Federal and Municipal Leases, TRAC Leases, lease lines of credit and Equipment Loans.

John Unchester has joined First American Equipment Finance, a City National Bank company, as part of the management team and will be located in New York City. He "...has more than 30 years of experience in equipment finance. He was the president of JP Morgan Leasing and Chase Equipment Leasing until 2005. He also held various senior level positions with bank leasing subsidiaries including TD Bank, Citicorp, Chemical Bank and First Fidelity Bancorporation. From 2002-2010, he served as a member of the Board of Trustees of Beacon College in Leesburg, FL, a four-year college dedicated to serving only students with learning disabilities. “I am delighted that my longtime industry colleague and friend, John Unchester, joined our rapidly growing equipment finance business to assist with our planned expansion,” said Bill Verhelle, CEO of First American. “The recent acquisition of First American by City National Bank provides unprecedented new opportunity. John brings valued experience and perspective to our team.”

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



Look Up, Not Down at Your Computer Monitor
by Kit Menkin


I had a debate on LinkedIn about whether it was better to look up or look down at a computer monitor when working.

I have a trainer Dennis Dunphy, Campbell, California, for my mobility and agility education and exercise. I had a stiff neck, and shoulders, that also was affecting my feet. Using the computer, he said I should be looking up or straight ahead, and never down, as it puts a strain on your neck.

He added your body is a frame and should not be in a sitting position all day.

Next time notice how many people walk with their heads down or bent, not straight up, not standing tall with their eyes looking downward. The older we get, the more our muscles are training in their position. Once the posture has been compromised, the mobility is next, ability to balance, which basically comes from the neck, T-spine, and hips. As we get older, it becomes more serious.

At one time I thought people looking down while they walked was they didn’t want to step on something…and older people looking down more and more as they got older, and shuffling instead of stride walking, was muscle fatigue. It isn't. They are losing their mobility. They look down so they feel assure to keep their balance; so they shuffle their walk not to fall.

At Dennis's suggestion, I moved my computer monitors higher, which are in portrait position, and my pain in my neck and muscles are gone. The feet cramps were gone, too. Exercising helped for sure, but the change in viewing habits also contributed to the “cure.” Don’t view your monitor looking down.

I have been working on standing up straight, which after years of my sitting down posture, as well as improving my mobility (exercises standing on one leg, and other types of positions).

For those who believe they don’t have a problem, or the solution is to look down at the monitor, regardless of your age: See for yourself, put your back to the wall, see how easy it for you to touch the wall with the back of your head---and how long can you hold that position.

Also try that lying down, face up, and see if your muscles allow your head and neck to be on the floor.

I also have a timer (alarm software program) on my computer that goes off every hour (appears on the screen) to remind me to take a five minute break, as I forget about time. The stress of sitting for long periods of time is bad for our backs and legs---and neck. I try and take “water breaks” every hour or often do short exercises. I have found I am not only more efficient, but have more energy and concentrate better.

If I didn't explain this correctly, or you don't believe me, Dennis Murphy said he is available for email questions, and you can reach him at:


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

Fortune Capital Recovery Joint Venture
with Creditors Trade Association

San Francisco – Creditors Trade Association (“CTA”), a North American capital asset recovery business Founded in 1920, recently formed Joint Venture with Fortune Capital Recovery (“FCR”), targeting major business accounts in securing payment of delinquent receivables.

Gary Looney, the President & CEO of Creditors Trade Association (“CTA”) with over 40 years of experience in the asset recovery business, said upon signing the Joint Venture with Fortune; “We are very excited about joining forces with Fortune Capital Recovery and their Team of former corporate C-Level executives in delivering a complete legal based solution to the collection of delinquent debt for major corporations.

CTA is a national leader in providing complete “in-house” legal support for the collection of bad debt. In addition to inside legal counsel, CTA maintains a national network of attorneys to support its collection efforts. CTA has an exceptional 30+ year record of effective debt collection with no “out of pocket” costs to its clients.

Ted Morgan, the president and CEO of Fortune Capital Recovery (“FCR”) with over 30+ year experience as a C-Level executive and as founder of a number of very successful corporate ventures, had these comments on the new Joint Venture with CTA; “This new Joint Venture with CTA brings together a proven, legal based, debt collection business together with a Team of former major corporate C-Level executives, familiar with the issues faced by corporations in the collection of large amounts of delinquent debt. Our Team has an exceptional network of corporate Chief Financial Officer contacts, whom we will now assist in reducing the amount of delinquent debt carried on their books through the utilization of CTA’s proven legal system collection protocol.

Many of our Team members have had extensive experience in the equipment leasing business, so this will be a special expertise that we will bring to the leasing finance industry. I have known Mr. Gary Looney for many years and am pleased to be able to Partner with him in building this exciting new business venture.

For more information……
Ted D. Morgan, President & CEO, Fortune Capital Recovery

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



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

Beverly Hills Real Estate Agent Pleads Guilty
to Obstructing the IRS
Defendant owes over $1.7 million in back taxes to the IRS

Los Angeles – A Beverly Hills commercial real estate agent pleaded guilty today to preventing the Internal Revenue Service from collecting over $1.7 million in back taxes.

Robert Charles Le Moine, 63, of Beverly Hills pleaded guilty before United States District Court Judge James V. Selna to one count of obstructing the IRS.

According to the plea agreement, from about 1990 through 2009, Le Moine was a real estate agent based in Beverly Hills engaged in representing buyers in the purchase of commercial properties. During that 20 year time period, Le Moine filed personal income tax returns reporting substantial amounts of income, averaging approximately $250,000 in adjusted gross income each year. Le Moine made estimated tax payments and voluntary payments totaling $166,905 over two decades. However, Le Moine did not pay the overwhelming portion of taxes due and owing to the IRS. As a result, Le Moine’s tax obligation to the IRS is approximately $1,704,728, plus penalties and interest.

The IRS began collection efforts in 1999 and made numerous attempts to collect Le Moine’s tax liability and levy his income and assets. However, the IRS’ efforts were unsuccessful due to the defendant actively impeding the collection efforts. Le Moine received as income commission checks in substantial amounts, sometimes as high as several hundred thousand dollars from his real estate business. However, as soon as the checks were deposited to his personal bank account, or shortly thereafter, Le Moine withdrew the money by cash or a check payable to cash, himself, his children or his friends.

Le Moine also dealt extensively in cash and did not purchase or acquire property or large attachable assets that the IRS could seize, and instead rented an apartment or house and leased cars.

As a result of today’s guilty plea, Le Moine faces a statutory maximum sentence of three years imprisonment and a fine of at least $250,000. In addition, Le Moine may be ordered by the court to pay the IRS back taxes of approximately $1,704,728 plus penalties and interest. Judge Selna ordered Le Moine to appear for sentencing on June 3, 2013.

The investigation and prosecution of Le Moine was conducted by IRS-Criminal Investigation’s Los Angeles Field Office, in conjunction with the United States Attorney’s Office for the Central District of California.

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


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American Staffordshire Terrier
Novato, California Adopt-a-Dog

Animal Identification
Animal ID: 175518

OK with Cats
OK with Dogs
Color: Brindle / White
Weight: 10 lbs.
Neutered Yes
Age: Baby
Size: Small
My health has been checked.
My vaccinations are up to date.
My worming is up to date.
I have been microchipped.

A Little Bit About Me

“This adorable puppy had the good fortune to land a fantastic foster home for about 3 weeks. Not only did he get a great start in life, but his foster family is a wealth of information about this fun loving guy. Be sure to read his foster care notes and the subsequent comments in his behavior assessment. He is great with other dogs and kids. Because of his bull breed background we recommend family's with kids 10+ unless you have a lot of experience with dogs like this one your kids are very savvy about play styles and knowing when to ease off the accelerator. He is fostered with a 5 year old girl who really knows her dog stuff. If that doesn't describe your child may we direct to you another puppy?

“He also is fostered with a couple of adult dogs and 2 cats. He was polite and respectful, especially at meal time, but this guy can scarf down the kibble! He makes the Dyson look slow. So you might want to find inventive ways to help him slow down at meal time. The Adoption Staff will have some handy tips for you.

He is a smart little guy who picks stuff up fast. Enroll him in Beginning Puppy and stay on top of his obedience. He's had the best possible start in life, but that doesn't mean he's done. Are you still good at Algebra? Well, do you use it every day? Ya, me neither.

“Get to know this awesome pup and discover your inner dog nurturer. With a solid foundation and a life filled with lots of exercise and play, this boy will grow up to be your dream dog.”

Where can you find me?

Phone (415) 506-6225
Fax (415) 382-1349
Address 171 Bel Marin Keys Blvd. Novato


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

Adopt a Pet


Fernando's View
By Fernando F. Croc

Features both thrilling ("Bullet to the Head") and gripping ("Barbara") hit theaters this week, while DVDs provide harrowing drama ("Flight"), colorful animation ("Hotel Transylvania") and a hot-button documentary ("Bully").

In Theaters:

Bullet to the Head (Warner Bros.): Two icons of 1980s action cinema, director Walter Hill and superstar Sylvester Stallone, team up for this brawling, rousing thriller. Stallone plays Jimmy Bonono, a veteran killer-for-hire whose most recent assignment leads him to cross paths with a driven detective named Taylor (Sung Kang). Though the two are mismatched in just about every way, they forge an unlikely alliance when pitted against a corrupt mastermind (Adewale Akinnuoye-Agbaje). The plot may not be original, but, as with fellow aging muscleman Arnold Schwarzenegger in "The Last Stand," there's something almost heroic about Stallone's durable persona. And Hill keeps things moving with his characteristically punchy direction, culminating in a showdown between Jimmy and a lethal mercenary (Jason Momoa) that will leave audience gasping.

Barbara (Adopt Films): Acclaimed filmmaker Christian Petzold ("Jericho") tells a gripping tale of paranoia and perseverance in this remarkable drama, which is set against the backdrop of the Cold War. Barbara (Nina Hoss, in a brilliant performance) is a young doctor in 1980 East Germany, whose superiors banish her to a small town clinic when they discover that she was planning to flee the country. At her new work place, she works dilligently and selflessly with patients while keeping her distance from her colleagues. Plans for a new escape plan slowly are pieced together, yet emotions stirred by this new environment threaten to intrude on Barbara's scheme. Unfolding with a master storyteller's eye for slow-burning suspense and character revelation, Petzold's film might be the best German release since the Oscar-winning "The Lives of Others." With subtitles.

Netflix Tip: Through a career that's spanned almost four decades, Walter Hill has crafted several stunning action pictures. Before "Bullet to the Head," catch up with his previous successes with Netflix, including the neo-noir chase "The Driver" (1978), the stylized urban adventure "The Warriors" (1979), the terrific Western "The Long Riders" (1980), and the action-comedy hit "48 Hours" (1982).


Flight (Paramount): Denzel Washington soars in another sure-to-be-Oscar-nominated performance in this harrowing drama directed by Robert Zemeckis ("Forrest Gump"). Washington stars as Whip Whitaker, an airline pilot whose steely professional exterior hides a dark side involving alcohol and drugs. When his airplane comes apart during one flight and starts to nose-dive towards the ground, he marshals all his daredevil cool in an emergency landing that miraculously saves most of the passengers. He's promptly hailed as a hero, but then a federal investigation threatens to expose his problems with alcoholism. While under scrutiny and developing a tentative romance with a recovering drug addict (Kelly Reilly), Whitaker slowly comes to the realization that his vices are destroying his life. Will he make the right decision when the time comes? An involving, rock-solid tale about the nature of heroism and redemption

Hotel Transylvania (Sony): Following a rough production history (the project originated way back in 2006 and went through a series of different directors), this animated feature finally arrives in screens, with mostly enjoyable results. Set in Transylvania, the legendary land of vampires, the plot focuses on Count Dracula (voiced by Adam Sandler), whose ghoulish exterior is only a facade for a concerned dad. As he opens his castle for travelers, Dracula becomes concerned when his moody teen daughter Mavis (Selena Gomez) falls for a clueless backpacker (Andy Samberg). Can vampires and humans find enough common ground for love to grow? A veteran of inventive network cartoons (including "Dexter's Laboratory" and "Samurai Jack"), director Genny Tartakovsky keeps the story rollicking, aided by a vocal cast that includes Fran Drescher, Steve Buscemi and Jon Lovitz.

Bully (Anchor Bay): After months of controversy and critical acclaim, Lee Hirsch's hot-button documentary finally arrives on DVD. The issue at hand is the high rates of bullying in schools, a subject examined as the camera follows various young and troubled students over the course of one year. Among them is 12-year-old Alex in Sioux City, Iowa, whose awkward attempts at reaching out to other boys lead to harrowing school bus confrontations, and 16-year-old Kelby from Tuttle, Oklahoma, whose personal problems are shared to other students by her own teacher. Just as telling is the movie's portrait of the adults, from parents to principals, who can at times involuntarily add to the problem. Hoping to shed light on a particularly difficult period in our lives, Hirsch's film makes for powerful, often heartrending viewing.



Dedicated to Jerry Newell, CLP

“Barry saves the day”

by Christopher Menkin

(This is fiction; all names, places, circumstances are fictional.)

“What have you gotten us into, Larry?”

Frank was furious and his short-quick temper was evident. His face was tense, and the normally well composed tall, handsome man, was bent over his desk, hands pressed onto the top as if now part of the desk that he could actually grasp it, pick it up to over his head and hurl it straight at his partner in San Francisco Valley Leasing. Larry was scared, wishing he could disappear into the dark blue-black leather chair in Frank’s office. He knew he had to talk fast. His partner was generally very friendly, talkative, but he got angry, watch out!

“This guy is one of my golfing buddies, “he explained.
“I have known him for years. We go out for beer afterwards.
I have been to dinner and lunch with him, for several years.
He also was a good vendor of ours.
We have done leases with his company since day one. I thought I knew him,
but ever since he expanded, went into bigger offices, brought in this fellow to replace him as president so he could grow the business, he started to change. I don’t know when. I didn’t see it coming. I trusted him. I really didn’t see it coming.”

“But how did it happen!” Frank yelled, with his hands no longer on the desk, but by his side, but still
standing up. He was an ex-marine, who ran every day, worked out at a gym, and you didn’t want to get his old Californian Spanish blood boiling.

“Just listen, “ Larry said, trying to cool him down. “ Let me tell you. We have four sets of attorneys and in the last deposition, all of them took their turn ripping into me. Barry didn’t seem happy afterwards, either.”

“You got Barry pissed off, too? “ Frank said. “Central Valley didn’t even invite me to Russ Richard’s retirement party. His new replacement told me not to come! What the hell did you do?”

“You know, Barry. He wasn’t angry, but then, he wasn’t happy either.
He told me to talk to you about it.”

“All I know is you told me the lessee went bankrupt and some of the equipment was missing.”

“Well, some of the equipment wasn’t there.”

“What do you mean? Some of the equipment wasn’t there!”

“It never existed.”

“What! I thought you inspected all the equipment yourself?”

“Well, I did, and I also thought I signed the lease, too.”

“I thought our policy was for either of us to witness the signature of all the leases?”

Larry stood up and faced Frank. They were both standing.
Larry moving his arms as he spoke. Frank looking like he was about to jump over the desk and take his partner physically apart.

“That’s one of the mistakes, I guess, “Larry said. “ Calm down,
and I’ll tell you what came out of today’s deposition. Just relax. I gave you the first two parts. This is the third one, and the real problem, Barry has not billed us for everything. I told him we didn’t have the cash flow for it right now. We are at $38,000 with his firm.”

“What?! How did this get out of hand?!”

“There have been several preliminary hearings, depositions take that Barry attended, driving time, waiting time, responses, a lot of things because there are four leasing companies involved, including our bank. This was the first deposition on me with four attorneys involved.
It wasn’t fun, let me tell you.”

Frank just stared at him. At least he didn’t look like he could have picked up the large wooden desk with a glass top and thrown it at him, Larry thought.

“First, I do witness all the least I thought I did. Reading the president’s deposition, I remember I actually didn’t see him sign it. He said I didn’t see him sign it, as he didn’t. Thinking about it, both Peter and I visited the office together. In fact, the similar thing happened about four times...

“Four times!!!”

“That is another part of the problem, as they think we split the lease four times, but we didn’t. There were four separate leases with four separate leasing companies over a six month period of time. Two of them were around $10,000, so I couldn’t take them to the bank. So I sent them other places...”

“Other places...”

“But in each of the write-ups, I mentioned the other leases.
And in the last two, used them as a reference...”

“A reference?”

“The problem is one of the leases turns out to be a sale/leaseback on existing equipment they had, and on one lease, the equipment didn’t exist---or doesn’t exist today. Plus the president said
he never signed one of the leases.”

“He signed three, but not one.”

“Yeah, and it is the Central Valley lease.”

“That’s why I am not invited to Russ Richard retirement party!”

“Yes, it was for $85,000...and it gets worse.”

“How can it get worse?”

“We typed the invoices for Peter, and Barry said we shouldn’t have done that.”

“I don’t understand.”

“Well, for a number of our vendors, to speed up the funding, we have their letterhead here. We can put the serial numbers on the invoice, make sure the ‘sold to’ is right, that no warranties
are in the invoice, and it helps speed up the processing. We have done this a long time for many of our repeat vendors.”

Frank sat down on his dark blue-black leather chair that matched the other chairs in his office. He waited what seemed to be for minutes, didn’t say anything, then leaned back as Larry
continued to speak.

“Look, we don’t change any of the prices or inflate it, “ Larry explained. “ We make sure the invoice is correct and it is on the vendor’s own invoice that we type. We are like the vendor’s agent.”

“So what did Barry tell you to do.”

“He said he advises us to quit that practice of typing vendor invoices.”

“I mean what did he tell us our chances were in this case.”

“ Barry said it was a ‘business decision’.”

“So you finally got around to telling me what happened.
I certainly had wished you told me this sooner.”

“Look, Frank. We are innocent. We are the victims here. We didn’t do anything wrong.”

“It seems typing the invoice is wrong.”

“We only did it for one of the invoices, not all three, as the
others had more equipment than just one machine...”

“What about the witnesses of the signature.”

“Peter and I went together. I inspected the machine, verified that it was there. It was supposed to be new, at least it looked new to me. Later we find out it wasn’t new, nor was it leased.
He actually sold it. He said in the deposition he had the right to sell it because he owned it and never signed the lease....I swear, Frank, it looked new to me...I went with Peter to sign all the leases, and in the last one, the president was in a meeting, so we waited, and Peter had to get going, so he said he would take the lease into the President at the meeting and get him to sign it. I mean, I thought it was okay because it was Peter, this was the fourth lease,
I had seen the equipment, so I saw nothing wrong with it.”

“Who was making the payments?”

“The company was. He told them that Peter had done a ‘sales/leaseback’ on new equipment and to make payments to Central Valley. Peter took a 20% commission and the company got the rest.
It seems it was the third time. One was a sale/leaseback on existing equipment. The first two were new equipment at double the price. The last one was for the new equipment, not the machine
on the lease. It was $85,000. He only made two or three payments to Central Valley Bank. ”

“So where do we stand?”

“Besides the ‘reps and warrants’ issues, we’re the only one with money, Frank. Peter filed bankruptcy. The company we did the leases for filed bankruptcy, as did the president, a personal bankruptcy, so
whether he signed the lease or not, doesn’t really matter. The bottom line is... it looks like we are the only ones left with deep pockets.”

“Deep pockets!!! We haven’t even paid Barry’s firm!”

“But we’re innocent. We’re a victim, too.”

“Give me a break! We’re screwed. Barry said it was a business decision because he doesn’t think it is worth the money to prove our innocence. If we want to do that, he’ll do it, and we have to pay his bill to do it, too. It also will affect our relationship with funding sources. That’s what he means
‘it is a business decision’!”

“So what do you want to do?”

“First, no more typing vendor invoices. Second, on all leases, get them notarized.”

“No one does...”

“We do in real estate, so from now on--- Notarize Them!”

“You’re a notary, so that is easy for you to say, “Larry said, also sitting down. “How about we get a copy of their driver’s license. I know it’s not like getting a notary, but you won’t be able to get a driver’s license unless the person signs.”

“I would rather have a notary, especially on larger leases, “
Frank responded. “But it does shows an effort on who signed the lease. Notary first, and if not, driver’s license. No exceptions. And I don’t care if no one else does it, we do it from now on. And if no lessee wants to do it, we won’t do the lease. It’s that simple.”

“What else.”

“I am going to talk to Central Valley and see if they will let us pay from the residuals they are holding on leases they funded for us. We’ll pay full boat, plus attorney fees. I think they will go for that...They have collateral. They know when they will get paid. So now see if the other two will settle...make them an offer. No games. 50% now or terms for the 100%. No attorney fees. If we are innocent, as you can convince them, maybe they will go for it.”

One funder settled for half over six months, one settled for 100% over 12 months, another wrote it off and said San Francisco Valley was also a victim, and Central Valley Bank accepted the residual plan along with paying all the attorney fees. Frank Sanchez was then invited to Russ Richard retirement party. He wasn’t happy with the situation, but was happy that Russ wanted him to come, particularly when he found out it was Russ’s replacement who thought it not appropriate that he attend. Frank knew things would never be the same with Central Valley without Russ. In fact, in less than ten years the bank was sold twice and the leasing entity became one of the largest in the United States under
the leadership of Russ’s replacement. But it was never the same to Frank.

Oh, yes, Larry became a Notary Public.




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John Kenny Receivables Management

• End of Lease Negotiations & Enforcement
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(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)




American Football Poem

Poems by

--Vince Lombardi

(1913-1970) US football coach

If winning isn't everything, why do they keep score?

The difference between a successful person and others is not a lack of strength, not a lack of knowledge, but rather in a lack of will.

Individual commitment to a group effort -- that is what makes a team work a company work, a society work, a civilization work.

Winning isn't everything it's the only thing.

--Vince Lombardi


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This Day in History

       1790- The Supreme Court of the United States met for the first time in New York City with Chief Justice John Jay presiding.
    1859-Considered one of America's greatest composers, Victor Herbert, was born in Dublin, Ireland.
    1860-The first Rabbi to open the House of Representatives with prayer was Rabbi Morris Jacob Raphall, rabbi of Congregation B'nai Jeshurn, New York City, who delivered the invocation at the first session of the 36 th congress.
    1860-Decree from Norton I, Emperor of the United States & Protector of Mexico, orders representatives of the different states to assemble at Platt's Music Hall in Frisco to change laws to ameliorate the evils under which the country is laboring.
    1861 - Texas seceded from the Union and joined the Confederate States of America.
    1862 - Battle Hymn of the Republic, written by Julia Ward Howe, was first published in the Atlantic Monthly. The song's music was inspired by the song "John Brown's Body." Howe just wrote new words for the existing music.
    1865- President Abraham Lincoln's signed into law the 13th Amendment to the US Constitution (abolishing slavery): "1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation." The amendment had been proposed by the Congress Jan 31, 1865; ratification was completed Dec 6, 1865.
    1865-The first lawyer admitted to practice before the Supreme Court who was African-American was John S. Rock,. His admittance was moved by Senator Charles Sumner of Massachusetts. Chief Justice Salmon Portland Chase presided. It would be the last triumphant act in a life overflowing with achievement, for Rock died suddenly on December 3, 1866. He was interred at the Twelfth Baptist Church and buried with full Masonic honors at Woodlawn Cemetery in Everett, MA.
    1878- Hattie Wyatt Caraway, born at Bakersville, TN, Hattie Caraway became a US senator from Arkansas when her husband died in 1931 and she was appointed to fill out his term. The following year she ran for the seat herself and became the first woman elected to the US Senate. She served 14 years there, becoming an adept and tireless legislator (once introducing 43 bills on the same day) who worked for women's rights (once cosponsoring an equal rights amendment), supported New Deal policies as well as Prohibition and opposed the increasing influence of lobbyists. Caraway died at Falls Church, VA, Dec 21, 1950.
    1893- The first moving picture studio was built at Thomas Edison's laboratory compound at West Orange, NJ, at a cost of less than $700. The wooden structure of irregular oblong shape was covered with black tar paper. It had a sharply sloping roof hinged at one edge so that half of it could be raised to admit sunlight. Fifty feet in length, it was mounted on a pivot enabling it to be swung around to follow the changing position of the sun. There was a stage draped in black at one end of the room. Though the structure was officially called a Kinetographic Theater, it was nicknamed the "Black Maria" because it resembled an old-fashioned police wagon.
    1894—Birthday of rag time pianist/composer James P. Johnson
    1895--Film director John Ford was born at Cape Elizabeth, ME, as Sean Aloysius O'Feeney; he changed his name after moving to Hollywood. Ford won his first Academy Award in 1935 for The Informer . Among his many other films: Stagecoach, Young Mr. Lincoln, The Grapes of Wrath, How Green Was My Valley, Rio Grande, What Price Glory? and Mister Roberts . During World War II he served as chief of the Field Photographic Branch of the OSS. Two documentaries made during the war earned him Academy Awards. He died Aug 31, 1973, at Palm Desert, CA.
    1898- Travelers Insurance Company issued the first car insurance against accidents with horses.
    1901- actor Clark Gable birthday. His first film was The Painted Desert in 1931, when talking films were replacing silent films. He won an Academy Award for his role in the comedy It Happened One Night , which established him as a romantic screen idol. Other films included China Seas, Mutiny on the Bounty, Saratoga, Run Silent Run Deep and Gone with the Wind , for which his casting as Rhett Butler seemed a foregone conclusion due to his popularity as the acknowledged "King of Movies." Gable was born at Cadiz, OH, and died Nov 16, 1960, at Hollywood, CA, shortly after completing his last film, Arthur Miller's The Misfits , in which he starred with Marilyn Monroe.
    1902- birthday of Langston Hughes. African American poet and author, born at Joplin, MO. Among his works are the poetry collection Montage of a Dream Deferred , plays, a novel and short stories. Hughes died May 22, 1967 at New York, NY.
What happens to a dream deferred?
Does it dry up
like a raisin in the sun?
Or fester like a sore--
and then run?
Does it stink like rotten meat?
Or crust and sugar over—
like a syrupy sweet?
Maybe it just sags
like a heavy load
Or does it just explode?
— Langston Hughes, "Dream Deferred"
( lower part of )
    1906-- 1st federal penitentiary building completed, Leavenworth KS. The penitentiary is the largest maximum-security prison in the United States, housing more than 2,200 inmates.  Famous inmates over the years included Al Capone, Machine Gun Kelly, and Robert Stroud – the famous “Birdman of Alcatraz.”  Actually, Stroud's bird work began at Leavenworth, where he served 28 years before being transferred to Alcatraz. The Immanuel Church, located on the grounds, was made famous in Ripley's Believe it or Not as the only church in which Protestant and Catholic services were conducted simultaneously.
    1911- Thomas Jennings was found guilty and sentenced to death for the murder of Clarence B. Hiller in the Criminal Court of Cook County, Illinois. He was convicted because of his fingerprints and is the first to be found guilty. The Illinois Supreme Court rule that fingerprints were admissible evidence.
Hiller was hanged for his crime.
    1916 -- The Battle of Verdun ends with the French and Germans each having suffered more than 330,000 killed and wounded in 10 months. It was the longest engagement of World War I. 
    1919 - The first Miss America was crowned in New York City. The winner, Edith Hyde was found by the judges not to be a Miss. She was a "Mrs." named Mrs. Tod Robbins, the mother of two children.
    1920 - The North West Mounted Police ("The Mounties") became the Royal Canadian Mounted Police.
    1922-Birthday of 1922, Renata Tebaldi - Italian operatic soprano whose rich, sumptuous voice made her the operatic star at the Metropolitan Opera, Covent Garden, and LaScala in the 1950s and 60s. She was known for her acting ability. In 1946, along with Arturo Toscanini, RT performed at the reopening concert of La Scala, which had been closed during World War II.    Her great roles included Giacomo Puccini's Mimi ( La Boh è me ) and Tosca , Giuseppe Verdi's Desdemona ( Otello ) and Aida , and Umberto Giordano's Madeleine ( Andrea Ch é nier ).
    1934- Bob Shane of the Kingston Trio was born in Hilo, Hawaii. The trio was credited with starting the folk craze of the late 1950's and early '60s with their hit recording of "Tom Dooley" in 1958. The Kingston Trio had a clean-cut collegiate image which helped them win acceptance among the trendy college crowd. The trio broke up in 1968.
    1935 -- James T. Farrell finishes his Studs Lonigan trilogy ( Judgment Day ).
    1937- Don Everly of the Everly Brothers was born in Brownie, Kentucky. The brothers were one of the most important acts of early rock 'n' roll. Their music, a mixture of close country harmonies over a rocking beat, resulted in two dozen chart entries, including such number-one records as "Wake Up Little Susie," "All I Have to Do Is Dream" and "Cathy's Clown." The brothers broke up in 1973, reunited in 1983 and again in 1985. They were last seen touring with Garfunkle and Simon, who re-united, and confessed on stage, before the introduction, when they started, they were trying to sound like their idols, the Everly Brothers.
    1939 - On Victor Records, Benny Goodman and his orchestra recorded "And the Angels Sing". The vocalist for that song went on to find fame at Capitol Records, Martha Tilton.
    1939--Birthday of jazz pianist Joe Sample, co-founder of the Crusaders. 
    1940 - For his first recording session, held in Chicago, Illinois, with the Tommy Dorsey Band, Frank Sinatra sang "Too Romantic" and "The Sky Fell Down". Sinatra replaced Jack Leonard as the band's lead singer.
    1941 - "Downbeat" magazine reported Glenn Miller had signed a new three-year contract with RCA Victor Records, guaranteeing him $750 a side, the largest record contract signed to that date.
    1941-- Defended by 610 fighting men, the American-held island of Guam falls to more than 5,000 Japanese invaders in a three-hour battle. 
    1944---Top Hits
My Heart Tells Me - The Glen Gray Orchestra (vocal: Eugenie Baird)
Shoo, Shoo, Baby - The Andrews Sisters
Besame Mucho - The Jimmy Dorsey Orchestra (vocal: Bob Eberly & Kitty Kallen
Pistol Packin' Mama - Al Dexter
    1945-- US Army arrives at Siegfriedlinie, a major defense of the Nazi regime. p?p=117338&sid=d4b2df326cdcad65d492d560b41a5cc6
    1946 --Birthday of Steven Spielberg, film director (E.T., Jurassic Park, and Schindler's List). 
    1949 - Louis B. Mayer, of Metro Goldwin Mayer (MGM), became a millionaire all over again when he sold his racehorse breeding farm for one-million dollars.
    1949 - 1949, RCA Victor introduced the 45 rpm record. It was designed as a rival to Columbia's 33 1/3 rpm long- playing disc, introduced the previous year. The two systems directly competed with each other to replace 78 rpm records, bewildering consumers and causing a drop in record sales.
By the end of 1949, all the major companies, except RCA, had committed themselves to the LP record, seemingly putting an end to the 45. Even RCA itself announced it would issue its classical library on 33 1/3 rpm discs. But RCA was not ready to admit the demise of the 45 rpm record. The company spent $5-million publicizing 45 rpm as the preferred speed for popular music. The campaign worked. Buyers of non-classical records turned increasingly to the 45 rpm record, so that by 1954, more than 200-million of them had been sold. And all the major companies now were producing both 33 1/3 and 45 rpm records.
    1951 -50ºF (-46ºC), Gavilan NM (state record)
    1951 - The greatest ice storm of record in the U.S. produced glaze up to four inches thick from Texas to Pennsylvania causing twenty-five deaths, 500 serious injuries, and 100 million dollars damage. Tennessee was hardest hit by the storm. Communications and utilities were interrupted for a week to ten days.
    1952---Top Hits
Slowpoke - Pee Wee King
Cry - Johnnie Ray
Anytime - Eddie Fisher
Give Me More, More, More (Of Your Kisses) - Lefty Frizzell
    1953 - "Private Secretary" debuted on CBS-TV starring Ann Southern as Susie McNamera, the private secretary to New York talent agent, Peter Sands played by Don Porter. With its last show airing on September 10, 1957, the show ran on CBS during the regular television seasons and ran on NBC-TV in the summers of 1953 and 1954.
    1953- "Your Are There" premiered on Television. The program began as an inventive radio show in 1947. News correspondents would comb the annals of history and "interview" the movers and shakers of times past. Walter Cronkite hosted the series on CBS for four seasons. The show's concept was revived for a season in 1971 with Cronkite gearing the program toward children.
    1951 - The temperature at Taylor Park Dam plunged to 60 degrees below zero, a record for the state of Colorado
    1953- General Electric Theater premiered on TV. CBS's half-hour dramatic anthology series was hosted by Ronald Reagan (in between his movie and political careers). Making their television debuts were Joseph Cotten (1954); Fred MacMurray, James Stewart and Myrna Loy (1955); Bette Davis, Anne Baxter, Tony Curtis and Fred Astaire (1957); Sammy Davis, Jr (1958); and Gene Tierney (1960). Other memorable stars who appeared on the series include: Joan Crawford, Harry Belafonte, Rosalind Russell, Ernie Kovacs, the Marx Brothers and Nancy Davis Reagan, who starred with her husband in the premonitory episode titled "A Turkey for the President" (1958).
    1954 - On CBS-TV, "The Secret Storm" was shown for the first day of a 20-year run.
    1954-Backed by his Jazz ensemble, Big Joe Turner records the original version of "Shake, Rattle and Roll". The tune will top the Billboard R&B chart next June, but did not cross over to the Pop chart. Some of the original lyrics, that would have been considered highly sexual at the time, were changed when Bill Haley recorded the song five months later. 
    1955--Elvis Presley records, "Baby, Let's Play House"
    1956 -- Martin Luther King, Jr.'s Montgomery Improvement Association files suit in federal court against Alabama for segregation of buses.
    1957--Birthday of Donna Adamek, known as "Mighty Mite", DA dominated women's professional bowling from 1978 through 1981.
She was Woman Bowler of the Year each year and, in that four-year period, she won the Women's Open in 1978 and 1981, the WIBC Queens in 1979 and 1980, and the WPBA National Championship in 1980. Adamek led the WPBA tour in winnings for three consecutive years, 1978 through 1980.
During the 1981-82 season, DA rolled three perfect 300 games. {{The compiler of WOAH whose highest average was 194 (287 game) remembers when ONE 300 GAME was memorable before the change in bowling ball construction and the way bowling lanes are dressed
    1957-20-year-old Don Everly and his 2-year-younger brother Phil sign a recording contract with Cadence Records. During their career, The Everly Brothers will have 35 Billboard Hot 100 singles. 
    1958-- Elvis Presley records: "My Wish Came True," "Doncha' Think It's Time," "Your Cheatin' Heart," "Wear My Ring Around Your Neck."
    1960- Greensboro Sit-In. Commercial discrimination against blacks and other minorities provoked a nonviolent protest. At Greensboro, NC, four students from the Agricultural and Technical College (Ezell Blair, Jr, Franklin McCain, Joseph McNeill and David Richmond) sat down at a Woolworth's store lunch counter and ordered coffee. Refused service, they remained all day. The following days similar sit-ins took place at the Woolworth's' lunch counter. Before the week was over they were joined by a few white students. The protest spread rapidly, especially in southern states. More than 1,600 people were arrested before the year was over for participating in sit-ins. Civil rights for all became a cause for thousands of students and activists. In response, equal accommodation regardless of race became the rule at lunch counters, hotels and business establishments in thousands of places.
    1960---Top Hits
Running Bear - Johnny Preston
Teen Angel - Mark Dinning
Where or When - Dion & The Belmonts
El Paso - Marty Robbins
    1962 -- US: Ken Kesey's One Flew Over Cuckoo's Nest is published.
    1963-- Paul Simon graduates from New York City's Queens College.
    1964- "I Want to Hold Your Hand" by the Beatles reached number one on the Billboard Hot 100 chart. It stayed there for seven weeks.
    1964- The Beatles' "Please Please Me" enters the pop charts
    1964-The governor of Indiana declared "Louie, Louie" pornographic. The song was about seven years old when the Kingsmen recorded their version in 1963, and the fantastic legend that grew up in its wake--a legend that even an FCC investigation couldn't kill--seems to have sprung solely from their extraordinary lack of elocution. Berry, who spoke on the subject a while back to a Los Angeles interviewer named Bill Reed, explains the song as the lament of a seafaring man, spoken to a sympathetic bartender named Louie. Here, without further ado, are the "official" published lyrics:
"Louie Louie, me gotta go. Louie Louie, me gotta go. A fine little girl, she wait for me. Me catch the ship across the sea. I sailed the ship all alone. I never think I'll make it home. Louie Louie, me gotta go . Three nights and days we sailed the sea. Me think of girl constantly. On the ship, I dream she there. I smell the rose in her hair. Louie Louie, me gotta go. Me see Jamaican moon above. It won't be long me see me love. Me take her in my arms and then I tell her I never leave again. Louie Louie, me gotta go." (By Richard Berry. Copyright 1957-1963 by Limax Music Inc.)
    1965-At the Arthur Smith Studios in Charlotte, North Carolina, James Brown records "Papa's Got A Brand New Bag", which will reach #8 on the Billboard Pop chart and #1 on the R&B chart the following August and later win a Grammy Award for Best Rhythm and Blues Recording. 
    1966-The first Navy captain who was African-American was Thomas David Parham, Jr., of Newport News, VA, a Presbyterian chaplain, whose rank was raised from commander to captain.
    1966-Bill Graham resigns as business manager of the San Francisco Mime Troupe in order to devote himself full-time to the business of acid rock concert promotion, initially at the Fillmore Auditorium.
    1966--Birthday of soccer great Michelle Akers.
    1967- the American Basketball Association (ABA) was born with 10 teams and George Mikan as commissioner in hits first season. The ABA lasted nine years before four teams, the Denver Nuggets, the Indiana Pacers, the New Jersey Nets and the San Antonio Spurs, were absorbed into the NBA.
    1967-- The Beatles record "Sgt. Pepper's Lonely Hearts Club Band"
    1968-DIX, DREW DENNIS Medal of Honor
Rank and Organization: Staff Sergeant, U.S. Army, U.S. Senior Advisor Group, IV Corps, Military Assistance Command. Place and date: Chau Doc Province, Republic of Vietnam, 31 January and 1 February 1968. Entered service at: Denver, Colo. Born: 14 December 1944, West Point, N.Y. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. S/Sgt. Dix distinguished himself by exceptional heroism while serving as a unit adviser. Two heavily armed Viet Cong battalions attacked the Province capital city of Chau Phu resulting in the complete breakdown and fragmentation of the defenses of the city. S/Sgt. Dix, with a patrol of Vietnamese soldiers, was recalled to assist in the defense of Chau Phu. Learning that a nurse was trapped in a house near the center of the city, S/Sgt. Dix organized a relief force, successfully rescued the nurse, and returned her to the safety of the Tactical Operations Center. Being informed of other trapped civilians within the city, S/Sgt. Dix voluntarily led another force to rescue 8 civilian employees located in a building which was under heavy mortar and small-arms fire. S/Sgt. Dix then returned to the center of the city. Upon approaching a building, he was subjected to intense automatic rifle and machine gun fire from an unknown number of Viet Cong. He personally assaulted the building, killing 6 Viet Cong, and rescuing 2 Filipinos. The following day S/Sgt. Dix, still on his own volition, assembled a 20-man force and though under intense enemy fire cleared the Viet Cong out of the hotel, theater, and other adjacent buildings within the city. During this portion of the attack, Army Republic of Vietnam soldiers inspired by the heroism and success of S/Sgt. Dix, rallied and commenced firing upon the Viet Cong. S/Sgt. Dix captured 20 prisoners, including a high ranking Viet Cong official. He then attacked enemy troops who had entered the residence of the Deputy Province Chief and was successful in rescuing the official's wife and children. S/Sgt. Dix's personal heroic actions resulted in 14 confirmed Viet Cong killed in action and possibly 25 more, the capture of 20 prisoners, 15 weapons, and the rescue of the 14 United States and free world civilians. The heroism of S/Sgt. Dix was in the highest tradition and reflects great credit upon the U.S. Army. 
    1968---Top Hits
Judy in Disguise (With Glasses) - John Fred & His Playboy Band
Chain of Fools - Aretha Franklin
Green Tambourine - The Lemon Pipers
Sing Me Back Home - Merle Haggard
    1968- Green Bay Packers head coach Vince Lombardi resigned after nine seasons, five NFL titles and victories in the first two Super Bowls. Oddly enough, Green Bay's founding coach, Curly Lambeau, resigned on the same day in 1950 after 29 years on the job.
    1968- Elvis Presley's only child, Lisa Marie, was born. Elvis and his wife, Priscilla, were married in Las Vegas the previous May. They were divorced in 1973.
    1968 -The Jimi Hendrix ExperienceJohn Mayall and the Bluesbreakers, at the Fillmore Auditorium.
    1969- Tommy Roe's "Dizzy" enters the pop charts
    1969- Tommy James & the Shondells' "Crimson and Clover" hits #1.
    1970-Timothy Leary sentenced to 10 years for Texas/Mex marijuana bust.
    1971- The Love Story soundtrack album is certified gold.
    1974- “Good Times” premiered on TV. A CBS spin-off from "Maude," which was a spin-off of "All in the Family." "Good Times" featured an African American family living in the housing projects of Chicago. The series portrayed the Evans family's struggles to improve their lot. The cast featured Esther Rolle and John Amos as Florida and James Evans, Jimmie Walker as son J.J., Bernadette Stanis as daughter Thelma, Ralph Carter as son Michael, Johnny Brown as janitor Mr. Bookman, Ja'Net DuBois as neighbor Willona Woods, Janet Jackson as Willona's adopted daughter Penny and Ben Powers as Thelma's husband, Keith Anderson.
    1975- Neil Sedaka's "Laughter in the Rain" hits #1.
    1976---Top Hits
Love Rollercoaster - Ohio Players
Love to Love You Baby - Donna Summer
You Sexy Thing - Hot Chocolate
This Time I've Hurt Her More Than She Loves Me - Conway Twitty
    1978- the first postage stamp depicting an African-American woman was issued. It showed the likeness of Harriet Tubman, the escaped slave and abolitionist who led more than 300 slaves to freedom along the Underground Railroad.
    1978- Bob Dylan's film "Renaldo and Clara," a documentary of the Rolling Thunder Revue tour mixed with surrealistic fantasy sequences, premieres in Los Angeles.
    1979-Patty Hearst released from jail.
    1979-Blondie's "Heart of Glass" is certified Platinum in the UK, where it tops the Pop chart. The song will also rise to number one in the US the following April.
    1982- "Late Night with David Letterman premiered..” This is when it all began: the stupid pet tricks, stupid human tricks and the legendary top ten lists. "Late Night" premiered on NBC as a talk/variety show appearing after "The Tonight Show with Johnny Carson." Host David Letterman was known for his irreverent sense of humor and daffy antics. The offbeat show attained cult status among college crowds and insomniacs, as many tuned in to see a Velcro-suited Letterman throw himself against a wall. The show also featured bandleader-sidekick Paul Shaffer, writer Chris Elliott and Calvert DeForest as geezer Larry "Bud" Melman. In 1993, Letterman made a highly publicized exit from NBC and began hosting "The Late Show" on CBS.
    1983-Air Supply's third album, "Now and Forever" is certified Platinum. 
    1984---Top Hits
Owner of a Lonely Heart - Yes
Karma Chameleon - Culture Club
Talking in Your Sleep - The Romantics
The Sound of Goodbye - Crystal Gayle
    1985 -69ºF (-56ºC), Peter's Sink UT (state record)
    1985 - Snow, sleet and ice glazed southern Tennessee and northern sections of Louisiana, Mississippi and Alabama. The winter storm produced up to eleven inches of sleet and ice in Lauderdale County AL, one of the worst storms of record for the state. All streets in Florence AL were closed for the first time of record
    1987 - Terry Williams from Los Gatos, California, won the largest slot machine payoff, to that time, pocketing $4.9 million after getting four lucky 7s on a machine in Reno, Nevada.
    1988 - Thirty cities in the eastern U.S. reported new record high temperatures for the date, including Richmond VA with a reading of 73 degrees. Thunderstorms in southern Louisiana deluged Basile with 12.34 inches of rain. Arctic cold gripped the north central U.S. Wolf Point MT reported a low of 32 degrees below zero
    1988-The Cars, who had placed 15 songs on the Hot 100 between 1978 and 1987, announce their break up. 
    1989 - While arctic cold continued to invade the central U.S., fifty- four cities in the south central and eastern U.S. reported new record high temperatures for the date. Russell KS, the hot spot in the nation with a high of 84 degrees the previous day, reported a morning low of 12 above. Tioga ND reported a wind chill reading of 90 degrees below zero
    1989- a Spokane, Washington, funeral director revealed that jazz saxophonist and pianist Billy Tipton, who had lived his life as a man, was a woman. Tipton played for years in the US northwest after a career with several big bands. He appeared to have a wife and adopted three sons.
    1990---Top Hits
How Am I Supposed To Live Without You- Michael Bolton
Opposites Attract- Paula Abdul (Duet With The Wild Pair)
Downtown Train- Rod Stewart
Two To Make It Right- Seduction
    1992 - United States President George Bush and Russian President Boris Yeltsin signed the Camp David declaration which states t hat their two countries no longer regard each other as adversaries
    1992--Barry Bonds signs baseball's highest single year contract ($4.7 million)
    1992- Elton John and George Michael teamed up to score a US number one with a song recorded live at Wembley Stadium the previous March, "Don't Let The Sun Go Down On Me". Elton had originally released the song on his "Caribou" album in 1974. 
    1993- On Lisa Marie's 25th birthday, it was announced that she wouldn't be taking over her father's estate as provided in his will. Lisa Marie left management of Graceland and other parts of Elvis's multimillion-dollar estate to Jack Soden, head of Elvis Presley Enterprises.
    1993-- First Lady Hillary Rodham Clinton is given an office in the West Wing of the White House and named January 25 to head a commission charged with creating a health plan for the nation. It is the most influential position a president's wife has ever had. she bans smoking in the White House February 1. Will she return in the next presidential election?
    1995---Top Hits
Creep- TLC
On Bended Knee- Boyz II Men
Another Night- Real McCoy
Take A Bow- Madonna
    2000---Top Hits
I Knew I Loved You- Savage Garden
What A Girl Wants- Christina Aguilera
Smooth- Santana Featuring Rob Thomas
Back At One- Brian McKnigh
    2003- After a successful 16 day mission, the space shuttle Columbia, with a crew of seven, perished during entry. Kalpana Chawla, 41, emigrated to United States from India in 1980s and became an astronaut in 1994, was one of seven astronauts who died in an explosion that streaked across the Texas sky on a clear, beautiful morning .Laurel Clark, 41, a Navy diving medical officer aboard submarines, then flight surgeon who became an astronaut in 1996. On board Columbia to help with science experiments. Had 8-year-old son. Her home was in Racine, Wis. Commander Rick Husband, 45, Air Force colonel; Pilot William McCool, 41;.Payload commander Michael Anderson, 43; David Brown, 46, a Navy captain, pilot and doctor;Ilan Ramon, 48, a colonel in Israel's air force and the first Israeli in space.
    2004--While New England Patriots beat the Carolina Panthers 32-29, it was singer Janet Jackson exposing her breast at half time with Justin Timberlake that made the big news.  With just over one minute to play Adam Vinatieri kicked a 41-yard field goal to give New England the lead., 32-29,  New England quarterback Tom Brady was named Most Valuable Player for the second time in three years. He set a Super Bowl record for the most pass completions (32). Brady also recorded a 66.7 completion percentage (48 pass attempts), 354 passing yards, 3 touchdowns, 1 interception, and 12 rushing yards. This was the fourth Super Bowl to be decided on a field goal in the final seconds. Super Bowl V was won on a last second kick by Jim O'Brien, Super Bowl XXV as Scott Norwood missed his field goal chance, and Super Bowl XXXVI as Adam Vinatieri made his.
    2008- A news report revealed that Spain was the European leader in illegal music downloads. Spanish computer users illegally downloaded more than 1.2 billion tracks in 2007, according to authors and publishers society, SGAE. 
    2009- The Cardinals entered the game seeking their first NFL title since 1947, the longest championship drought in the league. The club became an unexpected winner during the season and the playoffs with the aid of head coach Ken Whisenhunt, who was the Steelers offensive coordinator during Super Bowl XL, and the re-emergence of quarterback Kurt Warner, who was the Super Bowl MVP in Super Bowl XXXIV with the St. Louis Rams. Trailing 20–7 at the start of the fourth quarter, Arizona scored 16 unanswered points, including wide receiver Larry Fitzgerald's 64-yard touchdown reception, to take the lead with 2:37 remaining in the game. But then the Steelers marched 78-yards to score on wide receiver Santonio Holmes's 6-yard game-winning touchdown catch with 35 seconds left. Holmes, who caught nine passes for 131 yards and a touchdown, including four receptions for 71 yards on that final game-winning drive 27 to 23.

Super Bowl XXXVI
2004 New England 32-Carolina 29 
Super Bowl XLIII 
2009 Pittsburgh Steelers 27 Arizona Cardinals 23



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