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The List 2nd Quarter, 2005 Full list located in both alphabetical and chronological sequence located at: http://www.leasingnews.org/list.htm June Partners Equity Capital Corp (PECC) Horsham, Pennsylvania (6/05) Marc Donahue, Senior Vice President Marketing, "CP conduit will most likely be announced in the Sep/Oct time frame.” (6/05) Martin Babicki, Executive Vice President Risk/Operations NorVergence “Equipment Rental Agreement” deposition reveals there were about 636 leases (p. 51), 482 of which were not paying (p. 52) and 393 were in suit (p. 52) as of Jan. 6, 2005. Only 25 were continuing to pay, which may have been involved in the Weir Class Action Suit. In addition, there was a $175,000 lease direct to the NorVergence Corporation itself, which may have been a "sale/leaseback." As important, to make this decision, there appears to be no personal guarantee, as per the deposition of Martin Babicki, who also testified he did not know if financial statements were obtained. It was obvious the company had a close relationship with NorVergence officers. Copy of Depostion: http://www.leasingnews.org/items/Babicki_depo_%20in_Florida.doc (5/05) Chairman/CEO Don Campbell new bank line coming in June. (5/05)Evan Wilkoff appointed vice president of finance and treasurer. (4/05) Chairman/CEO Don Campbell says company strong despite rumors of major losses due to NorVergence leases. New bank line coming, soon, papers being signed, he says. Tyco ( 6/05) Dennis Kozlowski Guilty at Tyco Trial No. 2 (10/03) Trial starts, video's, excess spending, poor taste, many supermarket magazine headlines including affair with party organizer while married. http://www.usatoday.com/money/industries/manufacturing/ 2003-10-28-tyco-party-video_x.htm (7/2002) The 200 Million share offering, led by Goldman Sachs and Lehman Brothers went out at $23 each. Tyco Intl in a bid to ease its heavy debt load, raised $4.6 billion from the sale of its CIT Group, accepting half of what it paid for the finance Company a year ago. (For more information see CIT Group - Alphabetical list) Boullioun Aviation Services , Seattle, Wash.(6/05)the Seattle-based aircraft leasing company, which provides commercial airliners on operating leases to a variety of carriers worldwide, since 2001, sold to Aviation Capital Group for U.S. $2.65 billion. DVI, Philadelphia (6/05) FBI reportedly Investigating DVI officers (01/05) BK Trustee Seeking “Vendor Payments” 90 Days, meaning deals funded within last 90 days before bankruptcy, also going after broker commissions paid during this time period. (5/2004) Fitch Ratings places certain classes of DVI, Inc. equipment transactions on Rating Watch Negative DVI (4/2004) the bankrupt Jamison medical finance company, loaned its chief executive more than $500,000 - and loaned another senior executive $150,000, and creditors want the loans repaid. (12/03) The U.S. District Court entered an order appointing Cedar Street Group as lead plaintiffs, and Krislov & Associates, Ltd. as lead attorney in the securities class actions brought against DVI, Inc.'s former chief executive officer, Michael A. O'Hanlon, and chief financial officer, Steven R. Garfinkel, and DVI's former lead underwriter, Merrill Lynch & Co. Claims against DVI, Inc. (DVI or Company) are currently stayed due to its Chapter 11 filing. (9/03) Suit Filed Against Former Senior Executives of DVI as law suits galore appear (8/03) starts cutting employees, half let go, close to 200 now (8/03) DVI files BK (8/03) Leasing News insiders say deals not being funded, real problems, company most likely will file bankruptcy, major problems. (12/2000 out of broker ) Equipment Finance Group , Fresno, Ca.(6/05) 1992 company founder Ken Wheeler says 300 laptops stolen, also hit by phony checks, reasons for complaints about time involved in processing leases and paying vendors, other problems were due to his illness, denies that operation manager Steve Davis is really his son Sean Wheeler. From a telephone call to his house, Sean said that he thought his father would hire him, if he wanted to get back into the equipment leasing business, but at the present time was unable to do so. He reads Leasing News, from time to time, he said, and that is basically the extent of his involvement in the leasing industry today. Blue Dot Funding , Irvine, Ca. (6/05) the fourth company acquired by IFC Credit Corporation in as many years. Earlier, the company acquired Pioneer Capital Corporation, Addison, Texas, First Portland Corporation dba FirstCorp, Portland, Oregon and Spectrum Medical Leasing, Inc., Downers Grove, Illinois. Blue Dot Funding LLC was formed in 1999, and provides equipment leasing services to small and mid-size businesses referred to the company by equipment suppliers through formal vendor financing programs. Summit National , Illinois (6/05) an early leader of leasing equipment software files bankruptcy. Widow of founder charges not be paid, company has only $100 in bank, two employees, Ken Duffy, Sr., and Jr., fight over rights to software. More to the filing and perhaps in next few months more of the reasons for the bankruptcy will be reveled via another court room drama. Stay tuned. LeaseForum , Inc. (6/05) An on-line leasing company since 1998 with Susan Franklin as CEO. Web site down, inquiries to readers gets no response. Leaseloan.com (6/05) an on-line leasing company since 1999 with Nick Pullen as CEO. Web site down, inquiries to readers gets no response. Leaseusa.com (6/05) an on-line leasing company, and their web site says the name is up for sale. NorVergence, New Jersey (6/05) FTC Asks for $181 Million NorVergence default judgment plus to negate other AG settlements for full amount; hearing set for July 18, 2005. We were criticized for calling this a “soap opera,” but it truly is, except no love interest. http://www.leasingnews.org/archives/June%202005/6-28-05.htm#norv (6/05) Attorney Green to file Appeal on NorVergence Class Action Denial (6/05) Add Massachusetts to Illinois and Texas dismissing all NorVergence leases because BK receiver failed to appear in court (6/05) Florida AG case thrown out of court, next day, he appeals it. (5/05) $23 million more in settlements (5/05) GE and CIT make settlements in other states. (4/05) Reportedly defaulted leases push Preferred Capital into receivership. Several other leasing companies hit with large portfolio losses. (03/05) Thirteen state AG's jump on Preferred Capital venue issue, little realizing that the company is closed to receivership (02/05) “ERA” contract a joke http://leasingnews.org/PDF/NorVergence_Rental_aggreement.pdf (02/05) Ohio Banks Affected by NorVergence Bankruptcy (2/04) Venue Losses by Lessors local and federal courts (2/04) NorVergence Mess Not Going Away, Perhaps Criminal Action (1/05 NY AG Eliot Spitzer settles two more, now at $13MM (1/05) Peter J. Salzano, CEO file BK 11 (1/05) No disagreements about “leasing companies caving in,” as more state AGs (six now) join in litigating leasing companies for settlements with NorVergence Leasing customers. (01/05) Irwin Financial $4 million NorVergence Charge off. (12/04) More Leasing Companies "Caving In" (12/04) Leasing News Editorial: Amicable, Generous Settlement for NorVergence Lessees (12/04) NY Atty. Gen. Gets Another $11 Million Settlement (12/04) Penn. AG Sues NorVergence/Salzano Brother (12/04) Other leasing companies follow GE's lead. (12/04) GE becomes hero, sets pace for other leasing companies. In a surprise move, GE Capital made a settlement with New York Attorney General Eliot Spitzer and his staff regarding 100 approximate leases for the so-called "matrix box" and long distance telephone service from NorVergence, who filed Chapter 7 bankruptcy in July (11/04) 41 Leasing Companies in NorVergence Dilemma (10/04) ELA meets NY Attorney General's staff (10/04) Leasing companies file on lessees, Weir Group has almost 1300 plaintiffs in class action suit, newspapers print poor picture of leasing companies (9/04) Florida attorney general requests leasing companies cease collecting lease payments; three other state AG's follow (8/04) First class action is filed, two others to follow. (7/2004) Campaign to Stop Leasing Company Payments (7/2004) Robert J. Fine Resigns as EAEL President, ran Finance Division, discounting paper to banks and others (7/2004) Telecom Agent Association starts “Legal Co-Op” to breaking third party leasing contracts sold by NorVergence or involved with NorVergence equipment and service. (7/2004) NorVergence files Chapter 7(7/2004) NorVergence files Chapter 11.(7/2004) NorVergence investigated for failing to pay its employees NorVergence (4/2004) "Mr. Arnold comes to NorVergence Capital from HP Financial Services, where he was the Finance Director for North America. At HP Financial Services, he was responsible for all financial functions and was instrumental in integrating the HP and Compaq Financial services portfolios. Mr. Arnold was part of management team that launched Compaq Financial Services in 1997." Commercial Money Center (CMC), Southern CA. (6/05) Ameriana Bancorp to Recover Approximately $1,000,000 from Commercial Money Center Bankruptcy (03/05) CMC Portfolio Turned Over to US Bancorp . “Should you or your readers have any questions regarding this matter feel free to contact me direct at 605 361 7781.”Troy Lang 3400 w 49th St #200, Sioux Falls, SD 57106 Phone: 605 361 7781 Email: tlang@stuartallan.com (12/04) Reportedly the settlements over unpaid leases continue two years after the bankruptcy of Commercial Money Center (CMC). Officers have been back in business since then, but under different names. The latest agreement involves Lakeland Bank and Royal Indemnity. Allegedly both firms filed claims against each other over the pools of commercial leases Lakeland purchased from CMC and surety bonds Royal issued that guaranteed lease income. Under terms of a recent agreements. Royal will pay $1.85 million to Lakeland, which in turn gets to retain $531,000 Royal already paid. The deal must still be approved by the U.S. Bankruptcy Court (5/2004) CMC Cases Like Timex—Keeps Going and Going. (11/03)The officers of this company are back in business while the "disputes" continue among insurance companies, banks, vendors, lessees, and perhaps only the attorneys are being remunerated (10/03) Ameriana said it will write off two lease pools in the third quarter, an action that will reduce the quarter's net income by approximately $2,784,000 or $0.88 per diluted share. Heretofore, Ameriana had established reserves against these lease pools equal to approximately 58% of the approximately $10,900,000 that currently remains outstanding. Note: NetBank and others have taken over certain aspects of the defaulted portfolio, as reported earlier, and suits with the insurance agency surely continue, while the class action suit continues taking depositions, while the former officers have started new leasing and finance ventures. (3/2002) Court filing agreements http://www.leasingnews.org/archives/March%202003/03-13-03.htm#cmc (3/2003) NetBank Lakeland settle BK for portfolio http://www.leasingnews.org/archives/March%202003/03-12-03.htm#new (3/2003) CMC attorney withdraws, not getting paid http://www.leasingnews.org/archives/March%2020 03/03-06-03.htm#cmc (3/2003) Class action lawsuit regards not being licensed in California for lease financing http://www.leasingnews.org/archives/March%202003/03-05-03.htm#believe 12/2002---Commercial Money Center Bankruptcy Docket for case 02-09721 http://two.leasingnews.org/temporary/bankruptcy.htm (12/2002) Ameriana Bancorp to Boost Reserves 4Q re: Commercial Money Center (Nasdaq: ASBI) announces that it will set aside additional reserves of up to $5.6 million in the Company's fourth quarter ending December 31, 2002. This action will reduce fourth quarter after-tax net income approximately $3.4 million or $1.08 per share, resulting in a net loss for both the quarter and full year. In 2001, Ameriana reported net income of $1,216,000 or $0.39 per diluted share for the fourth quarter and full-year net income of $3,800,000 or $1.21 per diluted share. Approximately $4.7 million of the additional reserves to be set aside pertain to Ameriana's investment in a pool of leases acquired from the Commercial Money Center ("CMC"), a now- bankrupt equipment leasing company. Ameriana originally purchased two separate pools of equipment lease receivables totaling $12,000,000 from CMC in June and September 2001, of which approximately $10,900,000 currently remains unpaid. Each lease in the pools was backed by a surety bond issued by one of two insurance companies rated at least "A" by Moody's Investors Services. The bonds guaranteed payment of all amounts due under the leases in the event of default by the lessee. Each pool was sold under a Sales and Service Agreement by which the insurers serviced the leases. In each case, the insurers assigned their servicing rights and responsibilities to Commercial Servicing Corporation, an affiliate of CMC, which also has filed bankruptcy. When the lease pools went into default earlier this year, one insurer made payments for several months under a reservation of rights while the other refused to make any payments. Both insurers now claim they were defrauded by CMC and are denying responsibility for payment. Ameriana is one of a number of financial institutions around the country that purchased interests in lease pools from CMC. All of the CMC lease pools are in default and in litigation. The Federal Panel on Multi-District Litigation has taken control over most of the federal actions involving the insurers of the lease pools and has assigned them to the U.S. District Court for the Northern District of Ohio, Eastern Division, for consolidated pre-trial purposes. (NetBank has $80 million as part of the suit, among others.) (10/2002) Deadline for filing for claims for Commercial Money Center has been extended since the proceedings were converted to a Chapter 7. The CURRENT attorney is Bradley Shraiberg and his phone number is 561.395.0500. He is the contact until a further motion is filed to have him removed (he said for geographical reasons, as it is now moving to the Southern District of California Bankruptcy court in San Diego .) ( Read about CMC ) (6/2002) files voluntary bankruptcy, #11, in Florida, all hell breaks loose (5/2002) Gets worse, officers may go to jail (4/2002) Many, many complaints; reports of leases where equipment never existed, paying for leases that do not exist, much behind the scenes on the reputation of the founders, lawyers having a field day, San Diego FBI investigating all.(3/2002) Throws in the towel, 128 employees out of work, Dir. of Marketing Bill Hanson not paid, goes back to work for himself, bringing Gil Evans and his son Ty with him. closes door, leaving many unpaid bills and questions, especially about Kiosk leasing. (2/2002) Returns $1.2 Million to Date admit many complaints by applicants, vendors, and brokers. Fails to secure insurance line of credit after September 11th. RW Professional , Long Island, NY (06/05) Believe it or not, trial again delayed until 10/25/05 for the "interest of justice." Elizabeth E. Macedonio is now the attorney for Barry Drayer, and appears to being a public defender, as the court approves "itemized" expenses (02/05) case postponed to after June, 2005, one source says Barry Drayer has let go the original attorneys and is using his best sales techniques in trying to plea a deal. (12/04) Bank of New York pays $24 million fine in order to avoid criminal indictment for allegedly failing to report suspicious activity at a branch. "Bank of New York eats $24,000,000 for not handling the infamous "E" account properly. Barry will never serve time in jail, but the deep pocket guys will roll to cover their ****." (9/04) Drayer Fires Attorneys, Trial Postponed until March, 2005 (8/04) Trial scheduled for October 14,2004. http://www.leasingnews.org/archives/August_2004/8-09-2004.htm#rw (6/2004) Trial to start October 14 th , 2004 http://www.leasingnews.org/Conscious-Top%20Stories/RW_update7.htm (11/03)Jury to be selected for trial on April 12,2004 (9/03) Defendants on bail, "house confined," with trial to start April 12, 2004. "Status Conference adjourned to 11/14/03 @ 1:30 p.m. before USDJ Spatt. Conference held. Speedy Trial Information on Dfts: Code Type: XT, Start Date: 9/5/03, Stop Date: 4/12/04. Excludable Delay entered on the record. Next Status Conference: 1) Conclude discovery 2) Set motion schedule. Questionnaires two weeks before jury selection on 3/30/04. 3/31/04 counsel to pick up questionnaires. 4/6/04 all counsel to agree on jurors who will return for Jury Selection. Jury Selection 4/12/04 @ 9:00 a.m. Consent to Magistrate Judge selecting jury by dfts and govt. No adjournments of Jury Selection date will be granted. Re: Bradley Simon's Letter dated 9/2/03. Govt. to move documents to another location and keep boxes (2nd set) for the Courthouse." Last file is a letter: "Ms. Besser is currently subject to a 7:00 p.m. curfew as part of her pre-trial supervision and requests that the curfew be lifted on 10/19/03 so she may participate in a gathering in Manhattan." It appears for the defendants to ask to either/or travel from their home or at certain hours, as they are remanded to their residence with electronic monitors on their ankle. "MINUTE ENTRY; before USDJ Spatt on 9/5/03 @ 11:30 a.m., for Criminal Cause for Status Conference as to Dfts Payaddi Shivashankar, Susan Cottrell, Adam Drayer, Roger Drayer, RW Professional Leasing Services Corp., Rochelle Besser, Barry Drayer. Dft RW Professional Leasing Services Corp. present on bail with retained counsel Stuart E. Abrams. Dft Rochelle Besser present on bail with retained counsel Stuart Abrams. Dft Barry Drayer present on bail with retain counsel Stephen L. Cohen. Dft Roger Drayer present on bail with retained counsel Jerald Rosenthal. Dft Adam Drayer present on bail with retained counsel Thomas Marino. Dft Susan Cottrell present on bail with retained counsel Jerald Rosenthal. Dft Payaddi Shivashankar present in custody with CJA counsel Edward Jenks. Govt: Geoffrey Kaiser. Court Reporter: Harry Rapaport. Case called. Status Conference adjourned to 11/14/03 @ 1:30 p.m. before USDJ Spatt. Conference held. Speedy Trial Information on Dfts: Code Type: XT, Start Date: 9/5/03, Stop Date: 4/12/04. Excludable Delay entered on the record. Next Status Conference: 1) Conclude discovery 2) Set motion schedule. Questionnaires two weeks before jury selection on 3/30/04. 3/31/04 counsel to pick up questionnaires. 4/6/04 all counsel to agree on jurors who will return for Jury Selection. Jury Selection 4/12/04 @ 9:00 a.m. Consent to Magistrate Judge selecting jury by dfts and govt. No adjournments of Jury Selection date will be granted. Re: Bradley Simon's Letter dated 9/2/03. Govt to move documents to another location and keep boxes (2nd set) for the Courthouse. Notice of Appearance filed by Jerald Rosenthal for dft #4. (Coleman, Laurie)" (6/2002) 40 FBI agents raided the offices and arrested Barry and Rochelle, Roger and Jennifer Drayer. The investigation found $6.5 Million of fraud. Prosecutors said that the company, the RW Professional Leasing Corporation, concocted elaborate schemes using up to 100 rented mailboxes as far away as California to send phony checks, sham invoices, bogus leases and other false documents to banks in various states. Based on those documents, the banks lent RW millions of dollars to buy equipment and lease it out, prosecutors said. The schemes included multiple loans from different banks for the same medical equipment and loans for equipment that was never bought or leased, prosecutors said. Take the Money and Run: Part I, http://www.leasingnews.org/Conscious-Top%20Stories/moneyandrun1.htm Part II, http://www.leasingnews.org/Conscious-Top%20Stories/moneyandrun2.htm Part III http://www.leasingnews.org/Conscious-Top%20Stories/moneyandrun3.htm May Macrolease International Corporation , Plainview, New Jersey (5/05)Bancorp Rhode Island, Inc. (NASDAQ: BARI), subsidiary, Bank Rhode Island, acquires physical fitness leasing company founded in 1969 by CEO Daniel W. West. Bank to continue niche operation plus "..expand its reach through cross-selling to Bank Rhode Island's customers." Cybernet , Grand Rapids (5/05) CyberNET's jilted creditors want to know more about Huntington Bank's relationship (who also is having troubles with Preferred Capital underwriting of leases. Note: Bank earnings very good.) (5/05) CyberNet Claims total $114 million (4/05) Auctions raises $1.1 mm. Wife says she is broke and not responsible for late husband's deeds. (2/05) Trustee looks for help with Cyberco (1/05) Creditors looking for money, find a lot of expensive wine (11/04) Founder Barton Watson barricades self in house, commits suicide (11/04)According to public records, “approximately (70) banks and leasing companies are involved with a fraud estimated to be in excess of $60 million. Pinnfund/PinnLeasing (5/05) Tommy A. Larsen, the feisty president of PinnLease, San Diego, who was recently convicted and sent to jail, died suddenly in prison of liver cancer. (8/04) Larsen gets prison term, told to repay investors http://www.leasingnews.org/archives/August_2004/8-03-2004.htm#larsen (12/03) Tommy A. Larsen, president of PinnLease, admitted to scheming to funnel money from bogus equipment leases to himself, among other charges. He pleaded guilty to scheming to obtain funds for PinnFund U.S.A. through fraudulent equipment leases, and laundering kickbacks of those funds to the mortgage lender and himself through sham transactions and false invoices, prosecutors said. Larsen also pleaded guilty to obstruction of justice in connection with his previous attempt to provide false testimony in federal court. The defendant also pleaded guilty to evading taxes with respect to his 1999 and 2000 federal income taxes by charging personal expenditures to PinnFund, by structuring his compensation to avoid payroll taxes, and by hiding the proceeds of illicit activity in offshore financial institutions. Sentencing is set for April 5 before U.S. District Judge Marilyn Huff. (11/03) Jury trial set for 9:00 3/16/04 for Tommy A Larsen, for Kim A. Larsen before Judge Marilyn Huff (2/2003) PinnLeasing President denied bail (2/2003) Four indicted on charges of fraud in the PinnFund case ) (2/2003)Former Pinnfund CEO plea bargain- 10 years in prison 12/2002--A former employee of defunct PinnFund USA, a Carlsbad mortgage lender that imploded in March 2001 when regulators uncovered a $300-million pyramid scheme, pleaded guilty to lying to a federal grand jury. U.S. Attorney Carol Lam said Kimberly Hulihee admitted that she provided false testimony on Nov. 14 to a federal grand jury investigating the removal of files and other materials from a PinnFund subsidiary - PinnLease USA Inc. Hulihee, 38, was the former office manager of PinnLease, and later a company linked to former PinnLease President Tommy Larsen called Aloha Pacific Leasing. Hulihee is the second person to plead guilty to criminal charges in the PinnFund fraud. Former PinnFund chief executive Michael Fanghella also has admitted to myriad federal charges. He is cooperating with authorities and remains behind bars in the Metropolitan Correctional Center in San Diego awaiting sentencing. Larsen faces a pending civil suit related to the PinnFund fraud but no criminal charges, according to court documents. (8/2002) Federal authorities plan to auction expensive wine, jewelry and coins seized from the Ramona house of John D. Garitta, the former PinnFund USA chief financial officer who pleaded guilty last week to securities fraud charges. Merchandise to be sold at the auction includes more than 400 bottles of wine worth an estimated $163,000, $480,000 in jewelry and gems and $19,000 in collectible coins. The auction will be held in Rancho Dominguez in the Los Angeles area. (7/2002) investors in Carlsbad's defunct PinnFund USA sue the PricewaterhouseCoopers Accounting Firm for failing to detect fraud at the Company. (4/2002) the Receiver in the case filed a lawsuit against Tommy Larsen, related companies and a law firm, in bankruptcy court. It's a preference that may climb to $6.7 million. Larsen denies it all, and says, "prove it!" (12/2001 ) a top Executive Officer to turn over $47 deal/judge makes okay as it favors return of investor money. http://www.leasingnews.org/archives/December%202001/12-07-01.htm. (11/2001) Girlfriend to return millions. http://www.leasingnews.org/archives/November%202001/11-01-01.htm. (8/2001) Fanghella pleads not guilty to all charges, remains in jail. (8/2001) A federal grand jury indicted PinnFund USA founder Michael J.Fanghella 20-count indictment; 19 counts in the indictment carry a maximum penalty of 10 years in prison and a $250,000 fine. One count -- filing false financial information with the U.S. Dept of housing and Urban Development -- carries a maximum penalty of 30 years in prison and a $1 million fine. (8/2001) In San Diego Feds file charges for filing false financial statements plus criminal charges for bilking at least 166 investors out of $330 million after Fanghella turns self in. (7/2001 ) Barbados Court Freezes PinnFund Exec's Assets (6/2001) Leasing News considers it a “not guilty” judgment against Tommy Larsen, but Larsen's lawyer basically agreed to comply with the temporary restraining order of March 23 and agreed that Mr. Larsen would give an accounting of any possible gains he received that rightfully belong to PinnFund. Since he gave in to everything the receiver wanted, he was not held in contempt. The records shows that being acquitted or not guilty was not what happened. The judge found he wasn't in contempt because, going forward, he agreed to cooperate fully. (6/2001) Judge Hands Down $109 M Default Judgment in PinnFund Scandal. Bounty Hunters Get the Nod to Go Get 'Em (4/2001) Judge continues freeze of assets. Founder of PinnFund skips bail, judge issues arrest warrant ( 3/2001) PinnFund out of money, closes all offices, including leasing. Newspaper stories say “Millions of dollars are gone.” (3/2001) PinnLease USA to Fold 47 Nationwide Offices-- $100 Million Fraud, reads like a tabloid story, perhaps largest fraud in West Coast history. April Balboa Capital , Irvine, Ca. (4/05) Enters internet fray with on line processing http://www.leasingnews.org/archives/April%202005/4-29-05.htm#toon (5/2004) Balboa Capital Corporation announces that Patrick Byrne has completed the acquisition of 100% of the company's stock and is now the sole shareholder of Balboa Capital, ending rumors that the company was listed for sale because the two owners were not getting along ( for quite some time, it is said ) and it was dividing employees on each side of the camp. ( 2/04) Surprise! Surprise! Surprise! --Shawn Giffin Back at Balboa Capital. Rumors float that company is up for sale that both owners not getting along; they deny it. Byrne had taken a two year sabbatical and came back to the helm in late September of last year. It was then Giffin's turn to take some time off, they both said. Since that date, Byrne was back in the swing of things, increasing originations, creating a more sales friendly environment, improving credit and funding processes using Six Sigma, cleaning house, increasing customer service, finding fraud from vendors and salesmen, starting a broker division, the first time in 15 year history, hiring Curt Lynse, formerly with GE-Colonial Pacific, working on a national vendor program division, and getting the company moving in a very competitive manner. “I'm thrilled to be back, “ Shawn Giffin told Leasing News. “My head is clear. I'm invigorated. This is a great company.” Asked about his ability to get along with the other major share holder, he said, ‘ Pat has a unique set of skills, as I do. I think we are very complimentary working together. The point is I am fired up and am really glad to be back at work. I love it! “ Asked about what his title would be, he said, “Titles aren't important to Pat or I. “ (2/04) Curt Lynse, formerly at GE Capital/Colonial Pacific Leasing, joining Balboa Capital to start a broker division, something the company has not done in sixteen years; they founded in 1988. (9/03) Patrick Byrne is back, Shawn Giffin goes on sabbatical. ( 9/2000) Founder Pat Byrne "...office available any time he wants to use it". Microfinancial/Leasecomm (4/05) MicroFinancial 1Q Net Loss $2.7MM/last year $4.7MM (10/04) Secures $30 Million Line of Credit from CIT(4/2004) Reports $7.6 Million revenue loss first quarter, resulting in $4.7 million net loss. (11/03) Changes name to Transaction Enabling Systems http://www.tes-edi.com/ (10/03) Net Loss $3.2 million for 3rd Q (10/03) class action filed. (5/03) Record Fine/Judgment Under the terms of the settlement with the Federal Trade Commission, Leasecomm will stop collection efforts on all outstanding judgments, totaling $24 million, involving the financing of the software and equipment for processing credit-card transactions. The company also agreed to stop financing those kinds of business opportunities in the future. Leasecomm will also pay a $1 million fine to be split by the states of Massachusetts, Florida, Illinois, Kansas, North Carolina, North Dakota and Texas. The district attorney for Ventura County, Calif. will also receive a portion of that fine. The company was looking for a financial partner, and there is the question regarding the selling of $500,000 stock by an executive officer before the stock took a nose dive. The company was also recently "re-listed" on the exchange. http://www.leasingnews.org/archives/June%202003/06_02_2003.htm#24 (5/03) New York Stock Exchange has accepted the Company's proposed compliance plan for continued listing on the Exchange (5/2003) Files $0.8 million quarter loss http://www.leasingnews.org/archives/May%202003/05_08_2003.htm#micro (4/2003) delays filing for 15 days with SEC (3/2003) to be de-listed (3/2003) Net loss for year-end was $7.7 million. http://www.leasingnews.org/archives/March%202003/03-11-03.htm#micro (2/2003) Stocks Falls to .73 cents on Friday, 12/2002-----The Board of Directors of MicroFinancial Inc. (NYSE:MFI) has suspended its dividend to comply with the Company's banking agreements. (11/2002) Leasecomm closes, shuts off all brokers, won't fund deals approved "Goes Down---CEO Sells $500,000 Stock Before the News." ( Microfinancial Stories )Waltham, MA (8/2001) Leasecomm, Attorney General investigating, many complaints on line . Preferred Lease/CapitalWerks (4/05) CapitalWerks Alabama Jury $9 Million Award Tossed Out. New trial date for next year regarding faxing of approvals of lessees (“...wrongful claims against advertising and marketing of their products and services,” says President Jim Raeder. http://www.leasingnews.org/archives/April%202005/4-26-05.htm#capital (11/04) Insider says it was an employee at Balboa Capital. Jim Raeder will not reveal name of party or company: says he received "cash settlement" and believes matter is "resolved." (10/04) A number of readers questions how Kinko's turned over a video so quickly, others believe it is an ex-employee that is the culprit and thus the real reason the name is not being revealed(10/04) “We do not receive any benefit in publicly humiliating the individuals responsible for this misconduct. Our intentions are to hold them responsible and liable for the consequences of their statements, and to recover damages they have caused to our business,” says Raeder (10/04) Survey Results: “Let Us Know the Name” http://www.leasingnews.org/archives/October%202004/10-01-04.html#survey (9/04) Jim Raeder to reveal culprits name(8/04) Jim Raeder allegedly sees video at Kinko's, sales slip, talks to clerk, knows party's name and company (8/04) derogatory and malicious accusations spread around internet and to funders, industry readers, becomes “chain letter.”(8/04) New York Times criticizes company for not returning advance rentals. Controversy grows regarding story and commitment fees in general (5/2001) Preferred Lease, A CapitalWerks Company Mark Seif now in private law practice, company one of his clients (3/2001) Rumor close to sell to Capital Werks, and will become Preferred Leasing, a Capital Werks Company, this month (2/2001) internal memo about training by company about to take over, supposedly there for several months, "training" employees (01/2000 Mark Seif confirms for sale; will make no further comments (12/2000) Company reportedly on the block "one the block." ( 11/2000). David Murray left 11/7 "didn't like letting his friends go." (Reportedly now at VenServe ). Preferred Capital , Brecksville, Ohio (4/05) Files bankruptcy, receiver appointed, some leases assigned back to Huntington Bank, and others. Reports of “double-dipping” of leases to community banks. http://leasingnews.org/PDF/PC-Receiver_appointed.pdf (03/05) Leasing News has received several “insider” reports that the company may be closing its doors, primarily due to the debt with NorVergence and many lawsuits involved. Creditors to make decision whether bank goes into receivership. Several reports from community banks that Preferred Capital sold the same deal to each of them, called “double dipping.” Bombardier (4/05) GE Commercial Finance says will purchase Bombardier Capital's inventory finance division for $1.4 billion in cash. This division is headquartered in Colchester, Vermont, with an estimated 280 employees. (12/2000 reported having leasing problems, not confirmed, company strong in other divisions, but appears backing out of leasing division) Full list located in both alphabetical and chronological sequence located at: http://www.leasingnews.org/list.htm ---------------------------------------------------------------- ---------------------------------------------------------------- Relational LLC and Styx Capital, Winners of the 2005 ELA Business Technology Solutions Award ELTnews Technology continues to play a bigger role in the strategic positioning of leasing companies. The need for integration, flexibility and speed have caused many ELA members to place serious attention to the development of premier e-business systems that utilize the best that technology has to offer. As a result, ELA established the Business Technology Solutions Award as a way to recognize organizations that demonstrated technologically innovative spirit, along with helping others become aware of unique approaches to market opportunities. There were four final contenders chosen to present their solution at the BTS Conference, (2) smaller companies - Styx Capital and Somerset Capital Group Ltd; (2) larger companies - Relational, LLC and Citicapital Commercial Corp. Each conference attendee had the opportunity to vote for the winner during the LeaseTeam, Inc. sponsored BTS Award Luncheon. For the 2005 ELA Business Technology Solutions Award, Styx Capital was voted the winner for the smaller company category, and Relational, LLC was voted the winner for the larger company category. The conference committee chair, Scott Thacker of Accenture, presented the prestigious BTS Award Cup to Christie Peterson of Relational, LLC and Chris Couture of Styx Capital at the BTS Conference. Relational, LLC and Styx Capital both demonstrated an innovative use of technology to improve operations, enter new markets and build overall ROI. Styx Capital sought to create a new market for golf club financing through innovative use of technology. The concept was to provide consumers in retail golf club stores, golf pro-shops, catalog, and internet sales channels with an easy option to quickly apply for technology refresh or installment sale financing options. The solution needed to be easily deployed and readily accepted. The final deployed solution supports: 1) anonymous entry of an application using a web-enabled kiosk, 2) comprehensive credit scoring using credit bureau and application information, 3) tax calculations, 4) point-of-sale document generation, and 5) ability to collect upfront payments at time of document completion. Styx Capital's solution was enthusiastically accepted by the golf industry and has allowed the company to begin financing an asset class that has never before been served by the leasing industry. Relational, LLC developed and implemented an end of term module that streamlined workflow processes, repositioned Relational internally as proactive, reduced operational costs, and increased revenue. Opportunities and efficiencies were also identified for cost savings by examining processes, tools and staffing models in place. Their solution focused on 4 innovative areas: End of Term Quotes, Return Merchandise Authorization, Returned Asset Reconciliation, and Suspended Billings. Relational, along with Cyence International, designed the end of term module that integrated data from Lease Plus, Microsoft Great Plains, and ExpressCS. This data was then made available to customers through their customer web portal and to remote sales through Microsoft Business Solutions CRM. Relational's Life-cycle Portfolio Management solution provides customers with the flexibility to manage their asset base on-line while reducing time and effort. ELA would like thank LeaseTeam, Inc. for sponsoring the 2005 ELA Business Technology Solutions Award. Mark Your Calendar! 2006 ELA Business Technology Solutions Conference & Exhibition, June 21-23 at the Hyatt Harborside in Boston, Massachusetts. ---------------------------------------------------------------- "Emerging Opportunities in a Changing World" As you begin developing your strategic plan for 2006 and beyond, you'll want to review this year's Industry Future Council Report (IFC), "Emerging Opportunities in a Changing World" published by the Equipment Leasing & Finance Foundation and sponsored by American Lease Insurance. The IFC report provides you a look into the future as viewed by 24 leading lease finance executives. Some disparate strategies emerged: --Focus not only on hiring new talent, but on training it. ...are just a few of the future tactics generated by the 2005 Industry Future Council. To win in the new environment, lessor will have to be far-sighted enough to see declining markets before they emerge into the open. They will also have to possess the discipline to extract themselves from these markets before they decline substantially. What's more, lessor will have to be diverse enough to have other markets in which to grow. For more on the long term industry outlook, you may purchase the 2005 Industry Future Council Report through the Foundation library. Foundation donors may access the report free of charge. Questions and more information, contact Lisa A. Levine, CAE, 703-516-8363. ---------------------------------------------------------------- News Briefs---- Retail Sales Get Boost From Summer Weather Mortgage rates rise but are still at level to support buoyant housing market Prices for oil surge to record Google in $100 Million BPL Investment Mobile home madness: Prices top $1 million ---------------------------------------------------------------- “Gimme that Wine” Talking wine label to chat up Italian consumers First book on Robert Parker details his impact on the wine world 24 Case Limit per Year Taken Out of California Direct Shipping Bill Style, Flavor, Body and Value; St. Francis Winery Blends an Irresistible 'Red' (and they sell large bottles, too, great value.editor) Chill with Riesling or Gewurztraminer-Great with Asian Food ---------------------------------------------------------------- Today's Top Event in History 1775- Representatives of New Hampshire, Massachusetts Bay, Rhode Island, Providence, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina and South Carolina signed a petition from the Congress to the King (George III), a final attempt by moderates in the Second Continental Congress to avoid a complete break with England. After the American Revolutionary War over 300,000 loyalist citizens to King George returned to England This Day in American History 1584-” The diaries and letters of the day describe encounters with Indians, capturing them for slaves, describing Native American life: In a letter dated this date from Giovanni da Verrazano, the Florentine explorer, to Francis I, king of France “...took a Native American) childe from...(an) olde woman to bring into France, and going about to take...(a) young woman which was very beautiful and of tall stature, they could not possibly, for the great outcries that she made, bring her to the sea; and especially having great woods to pass through and being farre from the ship, we purposed to leave her behinde, beareing away the childe only.” 1889-John L. Sullivan, heavyweight champion of the world, defeated Jake Kilrain in the 75 th round of a fight in Richburg, MS. This was the last bare-knuckles title fight after which boxing was governed by the Marques of Queensbury rules. ---------------------------------------------------------------- Baseball Poem Listening to Baseball This morning I argued with a friend JIM LEHRER | ||||||||||||||||||||||||||||||
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