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

Wednesday, November 12, 2014

Today's Equipment Leasing Headlines

Pictures from the Past—1995
 Warren Capital Corporation
  Classified Ads---Senior Management
Effective Use of Hell or High Water Provisions In Leases
  By Martin B. Robins
 Who to Approach for an Informational Interview/Session
  Career Crossroad---By Emily Fitzpatrick/RII
    Leasing Industry Help Wanted
  Top Stories: November 3 - November 7
   Opened Most by Readers of Leasing News
Sales Commissions
 Leasing 102 by Terry Winders
  Compensation Plans
   by Ralph Mango, Leasing News Associate Editor
 Western community banks lead US loan growth in Q3
  SNL Exclusive
   Here's The Single Force That Could Set Off Inflation
     Wells Fargo is Top SBA Lender for Sixth Straight Year
   Frontier Bank, FSB, Palm Desert, California Closes
    Marks 17th bank failure in 2014
   Golden Retriever Mix
    Nashville, TN Adopt-a-Dog
News Briefs---
 Five banks fined more than $3 billion in currency probe
  Google to Lease NASA’s Moffett Field for $1.2 Billion
   Ex-wife gets nearly $1B in divorce ruling
    Apple's enterprise assault gets into higher gear

Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
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  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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Pictures from the Past--1995

Warren Capital Corporation

Jeff Allard, Clay Stevens, Roger Wood
Warren Capital Corporation has provided in excess of
$200 million of long term financing for over 1,000 California
mid-market companies.


W. Clayton Stephens
Founder of Warren Capital Corporation (1984) and presently
serves as the President and CEO of the firm

Warren Capital marks 30 years, $1.8 billion in financing


J. Roger Wood

CEO of Wood, Warren & Co. and also a senior officer of Warren Capital Corporation.
He has spent 30 years in investment banking and corporate finance. 


Jeff Allard
Film Producer, Financier and Founder
Indie Entertainment

His most recent film:

“Ping Pong”
Starring Susan Sarandon


Classified Ads---Senior Management

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

Credit, syndication, workout experience
Exceptional work ethic, common sense coupled with practical experience in equipment finance, consumer, commercial. Can interact with all levels of borrowers and intermediaries. Not an originator – but can help sales team close – great up sell ability. Will relocate for the right opportunity AND can work

Orlando, Florida
As a Commercial Credit Analyst/Underwriter, I have evaluated transactions from sole proprietorships to listed companies, across a broad spectrum of industries, embracing a multitude of asset types. Sound understanding of balance sheet, income statement and cash flow dynamics which impact credit decisions. Strong appreciation for credit/asset risk.
407 430-3917


Free Posting for those seeking employment in Leasing:

All “free” categories “job wanted” ads:


John Kenny Receivables Management

• End of Lease Negotiations & Enforcement
• Fraud Investigation
• Credit Investigations
• Asset Searches
• Skip-tracing
• Third-party Commercial Collections

The Solution to Your Credit & Accounts Receivable Needs 
John Kenny
315-866-1167 |

(Leasing News provides this ad as a trade for investigations
    and background information provided by John Kenny)


Effective Use of Hell or High Water Provisions In Leases

Hell or High Water Provisions Are Easily Discussed, But Do You
Know If Your Lease Achieves Such Protection? 
By Martin B. Robins

Those involved with equipment leasing in any capacity will often hear the term “hell or high water lease” thrown around. However, its significance is not always understood. A lease becomes a “hell or high water” obligation when it is non-cancelable and the lessee’s rental payment obligation is expressly not subject to any claim which the lessee may have against the lessor, the manufacturer or anyone else on account of dissatisfaction with equipment performance, equipment delivery, encumbrances upon the equipment or anything else. That is, the rent is payable, come hell or high water. 

A lease is made “hell or high water” through the inclusion (typically in a master lease agreement) of language such as “This Lease provides for a net lease, and the rent due hereunder from Lessee to Lessor shall be absolute and unconditional and shall not be subject to any abatement, recoupment, defense, claim, counter-claim, reduction, setoff or any other adjustment of any kind for any reason whatsoever.” 

UCC Article 2A recognizes this concept, but characterizes it as a “finance lease,” where the lessor did not supply the equipment and certain other technical requirements are met. Lease documents will often recite that they are a “finance lease” (whether or not that is true) within the meaning of the above UCC sections, in addition to the language quoted in the preceding paragraph.  In some states, the hell or high water provisions of the lease are unenforceable by themselves, the UCC finance lease reference is required, and must be true in fact. Well advised lessors will always include both regardless of the situs of the transaction. This type of finance lease should not be confused with a capital or finance lease for financial accounting purposes. Numerous cases make clear that a finance lease with a hell or high water provision will be enforced as written in a commercial context.  

This provision is the essence of the leasing industry, and its absence would make it difficult for lessors to enforce obligations and to secure capital in financing the lease through securitization or assignment. While there is nothing which can be done to eliminate credit risk from the equation, lessors who are laying out funds to procure equipment need to know that their legal ability to recoup their investment is not subject to any dispute to which the lessee may become a party.

Lessees need to recognize the implications of entering into such a commitment. Once they manifest their acceptance of the equipment, they must pay the rent whether or not the equipment works, or was delivered. To mitigate this risk, lessees should not sign the certificate of acceptance (or a lease with such language included) until they actually receive and test the equipment. The lessee should also insist upon an express assignment of the manufacturer’s warranty from the lessor.  

Lessees who wish the ability to pay-off a lease before its stated termination should negotiate for an early termination clause, which allows a payoff of the present value of remaining rent. 

In conclusion, a hell or high water structure is fundamental to the existence and operation of the leasing industry, by limiting the rights of the lessee. It should not be undertaken without a full understanding of its enforceability and lessor’s counsel should be consulted to determine whether, under the choice of law provision and the facts, the provision is enforceable.

Martin B. Robins is a lawyer at Fisher Broyles in Chicago, Illinois and specializes in corporate and leasing law.  He may be reached at 847.277.2580 or




Who to Approach for an Informational Interview/Session

Career Crossroad---By Emily Fitzpatrick/RII

Gathering “inside information” about a company you are interested in working for or about a specific job, can be accomplished with an informational interview (aka information sessions, informational meetings, or research interviews). These interviews are conducted to gather information.

Please note that an informational interview is NOT a job interview

Choosing Who to Interview

When you are seeking information about a job, company, or industry, there are a variety of sources, including:

  • Someone currently in the position you want
  • An individual who works in your desired industry
  • An employee who works at the company you want to work for
  • A professor or instructor who teaches classes or certifications in the industry you are interested in

Finding Specific People to Interview

Methods include:

  • Contacting your target industry’s trade associations and ask if there is a member (or members) who would be willing to talk to someone new to the field
  • Utilizing networking sites / groups to conduct searches by job title or company and then requesting to connect
  • Reaching out to a recruiter in the industry; a recruiter who specializes in the industry will have great insights on industry potential, salary and benefit expectations, and who is hiring

Next Step

After conducing your research, make a list of people and/or companies and job titles you would like to conduct an informational interview with and start reaching out, email is recommended.

Sample Template

Dear [Name]:

I was given your name by our mutual acquaintance, [Name]; in the hopes that you would answer a few questions, I have about working [in the __ industry, or at ___ company]. I would love to [speak with you by phone/meet with you] for [time] at a [time/place] that is convenient for you. I am [looking to make a career change to __ industry], and your insights would be most helpful.

If you would be willing to [meet with me/talk with me by phone], please let me know of your availability. If you do not have the time to [meet with me/talk with me] at this time, I understand.

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone:  954-885-9241
Cell:  954-612-0567
Invite me to Connect on LinkedIn
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns



Leasing Industry Help Wanted

Rosemont, Illinois

Billing Specialist

Leasing Experience, knowledge LeasePlus preferred,
click here for more information

  Accounts Receivable Specialist

Experienced Collector/AR Associate
click here for more information




STRADA Capital recently moved into its new facility and is hiring Top Sales Producers to work in our Equipment Financing and Working Capital Divisions.

High Level Performance, Collaborative Creativity, Integrity and Transparency define our Culture. The Company offers generous commission plans, industry leading support and benefits.

Email your resume to:
The Place where Professionals Prosper


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


Top Stories: November 3 - November 7
Opened Most by Readers of Leasing News

1) Why Lease - Leasing 102 Terry Winders

2) Pictures from the Past—1995—“Dancing the Night Away”

3) Pictures from the Past
1991: Russ Runnals and Charlie Meaker, CLPs

4) New Hires---Promotions in the Leasing Industry

5) Evolving Landscape Of Alternative Lending Industry
Directly Affects Equipment Leasing Business

6) America's Most Expensive Home

7) Ascentium Capital Surpasses $1 Billion in Funded Volume

8) The $9 Billion Witness: Meet JPMorgan Chase's Worst Nightmare

9) U.S. small business borrowing highest in 7 years

10) Gas prices dip below $3 gallon, what's behind the slide?




Sales Commissions

One of the most important subjects for lessors is how to compensate the sales force. The movement of banks and manufacturers into commercial leasing brought salaries with limited commissions. The thought of providing additional income for just doing the job did not sit well with many new leasing companies. However, the leasing companies that offered commissions based on performance produced higher rates on better credits.

One of the most popular commission structures is based on a percentage of equipment cost. The trouble with this form of commission is its lack of margin control, so to achieve volume, the rates sold were low. Therefore, commissions need to be tied to term and margin. Some will add credit requirements to qualify for higher commissions, but while the sales person is in control of margin and term, the lessor is in charge of acceptable credit.

There are some programs that require the return of commissions when a transaction goes bad and charge offs occur. This once penalizes the sales force for credit decisions that they do not control. The question of when to pay commissions is usually connected to when the transaction is booked and advanced payments received. If there are volume requirements to earn commissions, they should be monthly so shortfalls on volume may be made up in the near future.

Lessors who discount transactions often start out with a commission based on 30% of the yield, with volume changing the percentage.  Often, the sales director or others involved, will also get a percentage.  It is not uncommon for the salesman to participate in the discounted residual, when earned, with the caveat that the salesman must still be employed by the company. I am told there have been instances where salesmen were approaching the qualification for compensation from these residuals, but were let go before the maturity dates.

It appears that when salaries represent the majority of the compensation for the sales force, the time for performance to become acceptable is very short. Some markets take longer to mature and are harder to penetrate when the sales force is constantly changing. A compensation plan with small salary plus a commission component of two thirds incents the sales staff to perform without it breaking the back of the lessor.

I have never understood lessors that put a cap on the amount a sales person can earn. So what if they make more that the president of the lessor? In my opinion, tell the president to return to the sales so he can earn just as much.

Commissions are a touchy subject with strong emotions on both sides. When it does work well, and the sales staff sticks around for the long haul, lessors begin to grow and are usually very successful. Additionally, the industry has found that top sales people often leave a company to start their own leasing company, hire a back office to do the paperwork, and become an entrepreneur.  So to offer vacations, retirement, health, and other assistance, plus a good commission--- many will find it more advantageous to stay than go out on their own.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at or 502-649-0448.
He invites your questions and queries.

Previous #102 Columns:


Mr. Terry Winders available as a consultant regarding assisting attorneys in resolving disputes or explaining procedures or reviewing documents as utilized in the finance and leasing industry.

He is the author of several books, including DVD's, as well as weekly columnist to Leasing News. He also performs audits of leasing companies as an expert on documentation, and has acted as an expert witness on leasing for litigation in legal and tax disputes, including before the IRS. He also has taught the senior bank examiners, how to review a bank leasing department, for the Federal Reserve in Washington D.C. and has trained the examiners for the FDIC on how to prepare a lease portfolio for sale.


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



Compensation Plan
by Ralph Mango, Leasing News Associate Editor

Throughout my career, as a Sales manager and Business Unit Head, Sales compensation has been a responsibility of mine usually in combination with top management and HR.

Our plans usually had a base salary with commission and bonuses comprising as much as ¾ of the total comp.

Components involved not only volume and margin/yield, but targets for new customers or vendors, retention, applications volume, approval volume, and close ratios as a percentage of apps to keep the app flow somewhat consistent with our risk management and portfolio quality targets.  We also had FPD targets as well.  The rationale behind this was to guide sales calls into desirable credit quality markets so they were not just throwing mud as against the walls and clogging the credit flow with deals that had no chance.  Sales call efficiency was an objective as a result.

Regarding compensation caps, I concur with Terry that they make no sense other than to assuage the CEO’s ego.

In this regard, as part of the strategic planning process for next year, we would map what the rep may expect in total comp if s/he met objectives.  Then there were accelerators that positioned a rep to participate in any incremental revenue (above par) that would also benefit the company. 

For example: assume the commission payout is 1% of equipment cost.  That would be paid out up to par. The accelerators may look like:

101-110% of par: incremental commission on the incremental volume = .1%

111-120% of par: "                          " = .25%

126-135% of par: "                          " = .35%, etc.

These accelerators were also an effective deterrent to sand-bagging from those who have made plan, who may be about to go into accelerators and without such accelerators, would delay execution of the contract into Q1.

Finally, we wanted to build a compensation plan that motivated the individual rep to act in her/his best interest…and by default do so for the company.)




Western community banks lead US loan growth in Q3
By Ken McCarthy and Robin Majumdar
SNL Exclusive

Community banks in the West region led the nation in loan growth in the third quarter as the Southeast continued to lag.

When compared with the linked quarter, the West showed the best growth, coming in at 2.26%, according to an SNL analysis. And on a year-over-year basis, the West region again produced the strongest median expansion, at 9.22%.

Seattle-based Sound Financial Bancorp Inc. was just one example of a Western bank that saw strong results in the quarter. Loans increased 6.8% to $417.4 million at Sept. 30, compared to Dec. 31, 2013, and grew 9.9% from Sept. 30, 2013, the company said in a third-quarter 2014 earnings release. "Loan demand in our market areas remains steady and we are taking advantage of this economic improvement with measured portfolio growth," President and CEO Laurie Stewart said in the release.

Median third-quarter loan growth among commercial banks with less than $10 billion in assets, when compared with the previous quarter, came in at 1.75%, the SNL analysis of regulatory filings found. Median loan growth between the third quarter of 2014 and the year-ago quarter was 5.99%.

SNL Image

The Southwest region achieved second-best quarter-over-quarter growth behind the West, with 2.07% expansion, while the Southeast produced the weakest result with a gain of 1.32%.

Drexel Hamilton analyst David Bishop told SNL that loan growth was mostly in line with expectations for the $10 billion and below banks in his coverage universe. There was an expected rebound for some banks, including Conway, Ark.-based Home BancShares Inc., which saw a strong recovery in its commercial real estate pipeline. "That certainly came to fruition," he said. There was also continued strength on the commercial side from Rockland, Mass.-based Independent Bank Corp., he said.

Commercial construction seems to be rebounding nicely, Bishop noted. Some banks now have the capital capacity, and are seeing opportunities, to get back into the commercial real estate space. "I think a lot of this is reflective of efforts that they've been working on for the past three or four quarters," he said, as some commercial construction projects are starting to take shape. "I think that's consistent with the message managements have been espousing that they continue to see health in the commercial real estate and construction markets," he added.

Meanwhile, the oil patch areas in Texas and Louisiana continue to be a bright spot and the commercial market in Tampa and greater west-central Florida is strengthening too. But pricing competition in many markets remains intense and deal structures continue to feel pressure in terms of issues such as lengthening duration and waiving guarantees, he said.

SNL Image

Median year-over-year growth was notable in some regions but still hovered mostly in the mid-single digits. Banks in the New England region saw 8.33% growth while the Southeast struggled the most, generating median loan growth of just 4.44%, SNL found.

The Southwest, including Texas, experienced 7.91% year-over-year growth. Danny Payne, a banking industry consultant and a former Texas Department of Savings and Mortgage Lending commissioner, told SNL he has already seen some cautious optimism following the mid-term election results. Texas and the Southwest are still enjoying the fruits of oil and gas activity in the form of deposit growth, especially in central and west Texas, he said. Texas-based banks saw loan growth of 2.30% compared to the linked quarter and 9.29% growth on a year-over-year basis, SNL found.

Payne said he still hears rumbles about unique niche lending in the smaller community banks. "I think there will be revisits to the growth strategies discussions at senior management and board levels to toss around the political crystal ball relating to any new perceived opportunities if D.C. gridlock eases and we see some congressional efforts and/or movements toward reg relief, economic improvements etc.," he said. "However, on the other hand, we may see gridlock like never before."

SNL Image

Banks between $1 billion and $10 billion in assets saw better growth than their smaller counterparts during the quarter and experienced total median loan growth of 2.10%. Residential construction loans were one of a few categories where all asset sizes saw positive results, growing 6.56% for banks of less than $100 million in assets, 8.86% for those between $100 million and $1 billion and 5.79% for companies of $1 billion to $10 billion in assets.

SNL Image

Drexel Hamilton's Bishop said he expects loan growth in the fourth quarter to be fairly consistent with the third quarter. He said there will be continued elevated margin compression relative to the first half of the year. His coverage universe saw margin compression of eight basis points in the quarter, which was much higher than the one or two bps of compression seen in the first half of the year. The beneficial effects of purchase accounting accretion income is starting to accelerate for some of the banks. "And that's obviously having an impact on the margin," he said. On the flipside, the recently completed quarter was the first without a sequential decline in interest bearing deposit costs. "So it appears that those have reached an inflection point," he said. Deposit pricing is becoming more important in terms of asset liability management for some banks, he said.

Payne believes banks will see quality loan growth in the "stable to lacking" range for the coming quarter, though 2015 may bring more optimistic attitudes and opportunities — especially in M&A. "Overall, things seem to be status quo and relatively quiet," he said.




Here's The Single Force That Could Set Off Inflation

Renting is all the rage these days, and the tightening of the residential rental market is the biggest threat to inflation, according to Ian Shepherdson, the chief economist at Pantheon Macroeconomics. 

The logic is simple. When there are few places to rent, landlords will jack up prices.

This chart was featured in Shepherdson's new monthly chartbook. We reached out to him to ask him why this is the biggest threat. Here's what he had to say: 

"'s by far the biggest component of core CPI, accounting for about 40% of the index.  Rents reflect the vacancy rate (very low and falling) and wage growth (very low but about to accelerate, given the drop in unemployment and the pressures evident in surveys like the NFIB) so the risk is substantially to the upside.  Rents are much bigger driver of inflation than all the things people think of as indicative of price pressures, like clothing, tech gadgets, prescription drugs, cars, etc."

Shepherson has cautioned about falling vacancy rates being a threat to inflation before. Here's a quote from a note he put out in August (emphasis Shepherdson): 

"...a sharp and continuing decline explains the gradual upward pressure on rents, which we think are likely ro rise much faster once wage gains begin to pick up. Landlords are likely to be prime beneficiaries of faster wage gains, in our view, because tenants clearly have a shrinking pool of other options. Remember, rents and rent-equivalents account for 40% of the core CPI."

cotd rental market


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

Wells Fargo is Top SBA Lender for Sixth Straight Year

For the sixth straight year, Wells Fargo & Company (NYSE:WFC) is America’s top SBA lender in dollar volume, approving a record $1.6 billion in SBA 7(a) loans for small businesses in federal fiscal year 2014 (Oct. 1, 2013 – Sept. 30, 2014). The company increased its dollar volume of SBA 7(a) loans by 10 percent from a year ago. An SBA preferred lender in all 50 states, Wells Fargo also is the second largest SBA lender by units, extending 4,036 SBA 7(a) loans in federal fiscal year 2014, a 16 percent increase in units from the prior year.

“Through the SBA loan program, we know the financing that we provide helps drive economic growth at a very local level, and helps communities we serve succeed financially by providing local businesses access to the capital they need to thrive and grow.”

“At Wells Fargo, we work hard to help America’s small business owners, and we are incredibly proud to earn their business and increase our lending to businesses across the country each of the last six years,” said Donna Serres, new head of Wells Fargo’s SBA Lending Division. “Through the SBA loan program, we know the financing that we provide helps drive economic growth at a very local level, and helps communities we serve succeed financially by providing local businesses access to the capital they need to thrive and grow.”

During the six-year period Wells Fargo has been the No. 1 SBA lender, the company has increased its SBA 7(a) lending 72 percent in units and 96 percent in loan dollars from federal fiscal year 2009 to 2014.

“Our growth in SBA lending during the last few years underscores the importance of SBA loan programs for thousands of creditworthy small businesses,” said Serres. “SBA loans provide options for creditworthy entrepreneurs and small business owners who may not be able to obtain a conventional loan that meets their business needs.”

Among the customers who worked with Wells Fargo to expand a business with an SBA loan this year is business owner, Larry Chavez. His Albuquerque-based business, Dreamstyle Remodeling, is a leading home improvement and remodeling company in the Southwest. Over the past seven years, the company has gone from 40 employees to 240.

“To grow and strengthen our business for the future, it was important for us to find the right financing,” said Chavez. “Working with Wells Fargo, we secured an SBA loan that gave us the opportunity to expand into new markets, and introduce innovative ideas and products.”

Wells Fargo is the No. 1 SBA 7(a) lender in dollars in 10 states: Arizona, California, Colorado, Minnesota, North Dakota, Nevada, New Mexico, Oregon, South Carolina and Texas – and the No.1 SBA 7(a) lender in number of loans (units) in 8 states: Alaska, Arizona, California, Georgia, North Carolina, New Mexico, South Carolina and Virginia.

In addition to being the No. 1 SBA lender in dollars, for the 12th consecutive year Wells Fargo continues to be the nation’s No. 1 small business lender for loans under $100,000 and loans under $1 million categories, according to the most recent Community Reinvestment Act (CRA) data (2002-2013).

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



Frontier Bank, FSB, Palm Desert, California Closes
Marks 17th bank failure in 2014

Regulators closed a small lender in California on Friday, marking the 17th U.S. bank failure this year after 24 closures in 2013.

The Federal Deposit Insurance Corp. said it has taken over Frontier Bank FSB, based in Palm Desert.

The bank, better known as El Paseo Bank, operated two branches. It had about $86.4 million in assets and $82.1 million in deposits as of June 30.

Bank of Southern California NA, based in San Diego, agreed to pay the FDIC a premium of 1.06 percent to acquire all of Frontier Bank's deposits. In addition, Bank of Southern California agreed to buy essentially all of the failed bank's assets.

Frontier Bank's failure is expected to cost the federal deposit insurance fund $4.7 million.

U.S. bank failures have been declining since they peaked in 2010 in the wake of the financial crisis and the Great Recession.

Only three banks went under in 2007. That jumped to 25 in 2008, after the financial meltdown, and ballooned to 140 in 2009.

In 2010, regulators seized 157 banks, the most in any year since the savings and loan crisis two decades ago. The FDIC has said 2010 likely was the high-water mark for bank failures from the recession. They declined to 92 in 2011 and fell to 51 in 2012.

In a strong economy, about four or five banks close annually.

From 2008 through 2011, bank failures cost the deposit insurance fund, which is financed by insured banks, an estimated $88 billion, and the fund fell into the red in 2009. With failures slowing, the fund's balance turned positive in the second quarter of 2011, and it had a $51.1 billion balance as of June 30.

The FDIC has said it expects bank failures from 2012 through 2016 will cost the fund $10 billion.


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Color Gold/Red
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Monday 10am-5pm
Tuesday 10am-5pm
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Friday 10am-5pm
Saturday 10am-5pm
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News Briefs----

Five banks fined more than $3 billion in currency probe

Google to Lease NASA’s Moffett Field for $1.2 Billion

Ex-wife gets nearly $1B in divorce ruling

Apple's enterprise assault gets into higher gear




--You May Have Missed It

Can Money Buy Happiness?


SparkPeople--Live Healthier and Longer

Get Fit before You Feast: A November Challenge!


Winter Poem

Late lies the wintry sun a-bed,
A frosty, fiery sleepy-head;
Blinks but an hour or two; and then,
A blood-red orange, sets again.

Before the stars have left the skies,
At morning in the dark I rise;
And shivering in my nakedness,
By the cold candle, bathe and dress.

Close by the jolly fire I sit
To warm my frozen bones a bit;
Or with a reindeer-sled, explore
The colder countries round the door.

When to go out, my nurse doth wrap
Me in my comforter and cap;
The cold wind burns my face, and blows
Its frosty pepper up my nose.

Black are my steps on silver sod;
Thick blows my frosty breath abroad;
And tree and house, and hill and lake,
Are frosted like a wedding-cake.



Sports Briefs----

Red Sox "all in" on signing Sandoval

Toe injury ends Willis' season

Inside the NFL's Replay Command Center


(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)



California Nuts Briefs---

Robin Williams reportedly leaves $50 million estate to children


“Gimme that Wine”

Scotch/Whisky Edition


Dewar’s Master Blender on “The Last Great Malts Collection”


Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in American History

     1602 - The Vizcaino expedition held Mass on the feast day of San Diego de Alcala. He named the California landing port after the saint.
    1701 - The Carolina Assembly passed a Vestry Act making the Church of England the official religion of the Carolina Colony. Strong opposition by Quakers and other resident Nonconformists forced the colony's proprietors to revoke their legislation two years later.
    1751 - Margaret Molly Corbin birthday in Franklin County, PA.  She was a Revolutionary war hero who was near her husband at a battle when he was killed (women were on the battlefields of the war both as participants and as water, food, and munitions suppliers) and she immediately took over the cannon until she was wounded by enemy fire. Disabled, she lost the use of her left arm, she was granted a soldier's half-pay as a pension, was considered a full member of the military until mustered out in 1783. Margaret Corbin was listed on military rolls until April, 1783. In 1926, the Daughters of the American Revolution had her remains moved from an obscure grave and re-interred with other soldiers behind the Old Cadet Chapel at West Point where they also erected a monument to her. Near the place of the battle, in Fort Tryon Park in New York City, a bronze plaque commemorates Margaret Corbin "the first American woman to take a soldier's part in the War for Liberty".
    1775 - General Washington forbids recruiting officers enlisting blacks who were not “free men.” He later rescinds this as many blacks enlist in the British Army to earn their freedom from slavery.  Washington was from Virginia and was one of the largest land owners and slave owners in the state. As a side note, his best friends included Henry Lee, the father of Robert E. Lee.  Washington recommended Lee to be the main drafter of the Declaration of Independence as he was very popular, very well respected and educated, but due to a family emergency at his farm, Lee suggested Thomas Jefferson fill his stead. Coda: In the 1800's, Washington freed many of his slaves, who continued to work the land as “free men” and after his death granted land to those remaining.
    1815 - Celebrated American woman suffragist and reformer, Elizabeth Cady Stanton was born at Johnstown, NY. “We hold these truths to be self-evident,” she said at the first Women's Rights Convention, in 1848, “that all men and women are created equal.” For 54 years she was the women's rights movement's principal leader, organizer, theorist, and writer. Preserved her story in the early women's movement in the first three volumes of the monumental “History of Woman Suffrage” (1881-1922) written along with Susan B. Anthony and Joseyln Gage. She died at New York, NY. Oct 26, 1902 You can read some of Stanton's works in the WiiN Library:
    1847 - Sir James Young Simpson, a British physician, is the first to use chloroform as an anesthetic.
    1864 - Union General William T. Sherman orders the business district of Atlanta destroyed before he embarks on his famous March to the Sea.  When Sherman captured Atlanta in early September 1864, he knew that he could not remain there for long. His tenuous supply line ran from Nashville, Tennessee, through Chattanooga, then one hundred miles through mountainous northern Georgia. The army he had just defeated, the Army of Tennessee, was still in the area and its leader, John Bell Hood, swung around Atlanta to try to damage Sherman's lifeline. Of even greater concern was the Confederate cavalry of General Nathan Bedford Forrest. Forrest was a brilliant commander who could strike quickly against the railroads and river transports on which Sherman relied. During the fall, Sherman conceived of a plan to split his enormous army. He sent part of it, commanded by General George Thomas, back toward Nashville to deal with Hood while he prepared to take the rest of the troops across Georgia. Through October, Sherman built up a massive cache of supplies in Atlanta. He then ordered a systematic destruction of Atlanta to prevent the Confederates from recovering anything once the Yankees had abandoned the city. By one estimate, 37 percent of the city was ruined. This was the same policy Sherman would apply to the rest of Georgia as he marched to Savannah. Before leaving on November 15, Sherman's forces had burned the industrial district of Atlanta and left little but a smoking shell. In retaliation, the Confederates attempt to burn New York City on November 25th.  As an aside, historians believe much of the destruction of Atlanta was also caused by Confederate soldiers leaving no supplies for the invading Union Army, causing fires in residential areas.
    1889 – Birthday in St. Paul, MN of DeWitt Wallace, who co-founded Reader’s Digest with his wife in 1922.  Wallace died in 1981.
    1892 - William “Pudge” Heffelfinger became the first generally-acknowledged professional football player when he was paid $25 for expenses and a cash bonus of $4500. It was the cash bonus that made him professional. Scoring the winning touchdown for the Allegheny Athletic Association, he helped his team beat the Pittsburgh Athletic Club, 4-0.
    1898 - Birthday of Flora Belle Ludington, innovative librarian of Mount Holyoke College who advanced the cooperative Inter-library system that allows students and researchers use of the entire library system of the United States.
    1906 - The mercury soared to 106 degrees at Craftonville, CA, a November record for the U.S
    1910 – The first movie stunt:  A man jumps into Hudson River from a burning balloon.
    1911 - Trumpet player Buck Clayton birthday in Parsons, KS.  He was a leading member of Count Basie’s "Old Testament" orchestra and a leader of mainstream-oriented jam session recordings in the 1950s. His principal influence was Louis Armstrong.
    1912 - The frozen bodies of explorer Robert Scott and his men are found on the Ross Ice Shelf in Antarctica.  Scott was a British Royal Navy officer and explorer who led two expeditions to Antarctica: the Discovery Expedition, 1901–04, and the ill-fated Terra Nova Expedition, 1910–13. On the first expedition, he discovered the Polar Plateau, on which the South Pole is located. During the second venture, Scott led a party of five which reached the South Pole on 17 January 1912, only to find that they had been preceded by Roald Amundsen’s Norwegian expedition. On their return journey, Scott's party discovered plant fossils, proving Antarctica was once forested and joined to other continents. At a distance of 150 miles from their base camp and 11 miles from the next depot, Scott and his companions died from a combination of exhaustion, starvation and extreme cold.  [my 4th grade teacher was married to Amory “Bud” Waite, one of three men who found American Antarctic explorer, Adm. Richard Byrd, in ill health, during the second expedition to the South Pole in 1934.]
    1915 - Harvard University's Theodore W. Richards became the first American to be awarded the Nobel Prize for chemistry. He was given his award in Stockholm, Sweden.
    1917 – Singer Jo Stafford was born in Coalinga, CA.  In the late 1930’s, she was lead singer for The Pied Pipers who were hired in 1939 by Tommy Dorsey to provide vocals with his orchestra.  Her 1952 song "You Belong to Me" topped the charts in the United States and United Kingdom, the record becoming the first by a female artist to reach number one on the UK Singles chart.  Stafford died in 2008 in Century City.
    1920 - In the wake of the growing scandal surrounding accusations that members of the Chicago White Sox conspired to fix the 1919 World Series, baseball owners appointed Federal Judge Kennesaw Mountain Landis to be the game's first commissioner with extremely broad powers. Landis replaced the National Commission, a three man governing board, and was awarded a seven-year term from 1921 to 1928. He received a salary of $42,500 a year plus $10,000 for expenses to rule the 16 American and National League baseball clubs. He was re-elected three times and died in office on November 24, 1944.  Landis, for all the good he did to restore the game’s good name, was one of the chief opponents to integrating the game which occurred after he was succeeded by Happy Chandler.
    1920 - An underwater highway tunnel to run from New York City to Jersey City under the Hudson River was approved by the New Jersey Interstate Bridge and Tunnel Commission and the New York State Bridge and Tunnel Commission.  Construction began on March 31, 1922.  It was named after its chief engineer, Clifford Milburn Holland, who died before completion.  It was opened on November 13, 1927 by President Calvin Coolidge, who gave the signal remotely from the presidential yacht Mayflower anchored in the Potomac River off Washington, DC. In that first hour, 20,000 people walked through the tunnel from shore to shore before vehicular traffic was allowed through.
    1921 - The first conference of great powers to be held on American soil and affecting American interests was the Conference on the Limitation of Armaments, which was assembled at Memorial Continental Hall in Washington, DC, from this day to February 6, 1922. Nine nations took part in this conference: The United States, Great Britain, France, Italy, Japan, China, Holland, Belgium, and Portugal. The American delegation was headed by Secretary of State Charles Evans Hughes.
    1925 - First Louis Armstrong Hot Five recording, “Chicago” (Okeh label)
    1929 - Birthday of Grace Kelly at Philadelphia, PA.  American award-winning actress (“Rear Window”, “To Catch a Thief”) who became Princess Grace of Monaco when she married that country's ruler, Prince Rainier Ill, in 1956. She died of injuries sustained in an automobile accident, Sept 14, 1982, at Monte Carlo, Monaco.

    1930 – Bob Crewe was born in Newark, NJ.  He was an American songwriter, dancer, singer, manager, record producer and fine artist. He was known for producing, and co-writing with Bob Gaudio, a string of Top 10 singles for The Four Seasons.  Crewe also wrote many rock ‘n’ roll hits for other artists as well as “Music to Watch Girls By” with his own Bob Crewe Generation.  Crewe died September 14, 2014.
    1933 - First Sunday football game in Philadelphia (previously illegal)
    1934 – Birthday of murderer and cult leader Charles Manson in Cincinnati.
    1936 – The Bay Bridge, connecting San Francisco and Oakland across the San Francisco Bay through Yerba Buena Island, is opened to traffic.  It originally carried automobile traffic on its upper deck, and trucks and trains on the lower, but after the closure of the Key System transit lines by its new owner, General Motors, the lower deck was converted to road traffic as well.  During the 1989 Loma Prieta earthquake, a section of the eastern section's upper deck collapsed onto the lower deck and the bridge was closed for a month. Reconstruction as a causeway connected to a self-anchored suspension bridge began in 2002; the new bridge opened September 2, 2013 at a reported cost of over $6.5 billion and is currently the world's widest bridge, according to Guinness World Records.
    1936 – Playwright Eugene O’Neil is awarded the Noble prize for literature.
    1941 - Madame Lillian Evanti, opera singer, founds the National Negro Opera Company.

    1942 - The naval battle of Guadalcanal began between Japanese and American forces during World War II. The battle lasted until November 15. The U.S. scored a major victory, inflicting heavy losses on a Japanese task force and preventing Japanese reinforcements from reaching the island. The early TV series “Victory at Sea” captures much of the famous battle.
    1943 – Singer Brian Hyland was born in Woodhaven, Queens, NY.  “Itsy Bitsy Teenie Weenie Yellow Polka Dot Bikini”.
    1944 – Booker T. Jones of Booker T and the MGs was born in Memphis.
    1944 – Sportscaster Al Michaels was born in Brooklyn.  “Do you believe in miracles…yes!!” has become his signature call from the Miracle on Ice at the 1980 Winter Olympics, and he announced the earthquake-interrupted Game 3 of the 1989 World Series at Candlestick Park.  He was lead announcer for ABC’s “Monday Night Football” and announces now for NBC’s “Sunday Night Football”.  Apparently, Michaels doesn’t do day games!
    1945 - Singer Neil Young born Toronto, ON, Canada.
    1945 – The Noble peace prize is awarded to Cordell Hull, FDR’s Secretary of State, for his role in the establishment of the United Nations.
    1946 - Drive-in banking service was instituted by the Exchange National Bank of Chicago, IL. Ten tellers' windows protected by heavy bulletproof glass and impregnable corrugated steel were equipped with automatic slide out drawers to enable motorists to transact business without leaving their cars.
    1946 – “Song of the South” by Walt Disney is released.
    1951 - Top Hits
Because of You - Tony Bennett
Sin (It's No) - Eddy Howard
And So to Sleep Again - Patti Page
Slow Poke - Pee Wee King
    1955 - The worst recorded attendance to a football game occurred in the Washington State vs. San Jose State game at Pullman, Washington. The game was played as scheduled, despite high winds and a temperature of 0 degrees F. The total paid attendance was 1.
    1955 - Billboard publishes the results of its annual disc jockey poll. The most played R&B single is Johnny Ace's "Pledging My Love," most promising artist is Chuck Berry and the favorite R&B artist is Fats Domino. In the pop category, rock and roll is barely present. Elvis Presley is voted the most promising country & western artist.
    1955 - Sci-Fi author L. Sprague de Camp, one of my favorite authors, is elected royal chronicler of the Hyborian Legion.
    1957 - A film called “Jamboree” previews in Hollywood. Among those featured are Jerry Lee Lewis, Fats Domino, Carl Perkins, Frankie Avalon, Slim Whitman and Connie Francis.  It is considered a classic today.
    1958 - A team of rock climbers led by Warren Harding completed the first ascent of The Nose on Yosemite’s El Capitan.
    1959 - Top Hits
Mack the Knife - Bobby Darin
Mr. Blue - The Fleetwoods
Don't You Know - Della Reese
Country Girl - Faron Young
    1959 - Between Noon on the 11th and Noon on the 12th, a winter storm buried Helena, MT, under 21.5 inches of snow, which surpassed their previous 24 hour record by seven inches.
    1964 - Shirley Ellis records "The Name Game" as a follow-up to her #8 hit, "The Nitty Gritty". Her latest effort would reach #3.  “..if the first two letters are ever the same, drop them both then say the name.  Like a Bob, Bob, B, O, Ob or Mary, Mary like an M, O, ary…”
    1966 - Donovan's "Mellow Yellow" is released, and begins its climb to #2 in the US. It was long rumored that the song is about smoking dried banana skins, which was believed to be a hallucinogenic drug in the 1960s, but this rumor has since been debunked. The song's title actually refers to the fact that Donovan had suffered from liver disease in early 1966 and had become severely jaundiced. He originally says it refers to his trip in the Greek Isle's and remembers Sapho the poetess and safron in the food making it yellow.
    1967 - On Broadway, Pearl Bailey took over the lead role in the musical, "Hello Dolly". "Pearlie Mae", as Bailey was called, was a hit.
    1967 - The Detroit Lions set an NFL record by fumbling the football 11 times and losing 5 of them.
    1967 - Top Hits
To Sir with Love - Lulu
Soul Man - Sam & Dave
It Must Be Him - Vikki Carr
You Mean the World to Me - David Houston
    1967 - BARNES, JOHN ANDREW III, Medal of Honor.
Rank and organization: Private First Class, U.S. Army, Company C, 1st Battalion, 503d Infantry 173d Airborne Brigade. Place and date: Dak To, Republic of Vietnam, 12 November 1967. Entered service at: Boston, Mass. Born: 16 April 1945, Boston, Mass. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Pfc. Barnes distinguished himself by exceptional heroism while engaged in combat against hostile forces. Pfc. Barnes was serving as a grenadier when his unit was attacked by a North Vietnamese force, estimated to be a battalion. Upon seeing the crew of a machine gun team killed, Pfc. Barnes, without hesitation, dashed through the bullet swept area, manned the machine gun, and killed 9 enemy soldiers as they assaulted his position. While pausing just long enough to retrieve more ammunition, Pfc. Barnes observed an enemy grenade thrown into the midst of some severely wounded personnel close to his position. Realizing that the grenade could further injure or kill the majority of the wounded personnel, he sacrificed his life by throwing himself directly onto the hand grenade as it exploded. Through his indomitable courage, complete disregard for his own safety, and profound concern for his fellow soldiers, he averted a probable loss of life and injury to the wounded members of his unit. Pfc. Barnes' extraordinary heroism, and intrepidity at the cost of his life, above and beyond the call of duty, are in the highest traditions of military service and reflect great credit upon himself, his unit, and the U.S. Army.
    1968 - Baseball player and steroids user Sammy Sosa was born San Pedro de Marcoris, Dominican Republic.
    1968 - Supreme Court voids Arkansas law banning teaching of evolution in public schools. Alabama continues warning high school students evolution is 'controversial', putting stickers on biology books.
    1968 - A severe coastal storm produced high winds and record early snows from Georgia to Maine. Winds reached 90 mph in Massachusetts, and ten inches of snow blanketed interior Maine.
    1969 - Independent investigative journalist Seymour Hersh broke the My Lai story.
    1970 – This must be a birthday for the infamous.  Skater Tonya Harding was born in Portland, OR.  Her ex-husband, Jeff Gillooly, conspired with Shawn Eckhardt and Shane Stant to physically assault her skating competitor, Nancy Kerrigan, at a practice session during the 1994 U.S. Figure Skating Championships in Detroit.
    1971 - President Nixon sets February 1, 1972 as the deadline for the removal of another 45,000 American troops from Vietnam.
    1972 - Don Shula of the Miami Dolphins became the first NFL coach to win 100 regular season games in only 10 seasons as the Miami Dolphins defeated the New England Patriots, 52-0.
    1974 - A great Alaska storm in the Bering Sea caused the worst coastal flooding of memory at Nome, AK with a tide of 13.2 feet. The flooding caused 12 million dollars damage, however no lives are lost.
    1975 - Top Hits
Island Girl - Elton John
Lyin' Eyes - The Eagles
Who Loves You - Four Seasons
I'm Sorry - John Denver
    1975 – The Mets’ Tom Seaver won his third Cy Young award.
    1979 - Jefferson Starship singer Marty Balin's rock opera "Rock Justice" opens a four-day run at San Francisco's Old Waldorf night club. Balin stars in and co-directs the musical, about a rock star who dreams he's on trial for not having a hit record.
    1979 - In response to the hostage situation in Tehran, President Carter orders a halt to all petroleum imports into the United States from Iran.
    1980 - Voyager I makes its closest approach to Saturn and takes the first images of its rings.
    1981 - The space shuttle Columbia was launched for the second time; it was the first space vehicle to be used more than once.
    1983 - Lionel Richie started the first of four consecutive weeks at #1 on the music charts as "All Night Long (All Night)" became the United States’ most popular song.
    1983 - Top Hits
Islands in the Stream - Kenny Rogers & Dolly Parton
All Night Long (All Night) - Lionel Richie
One Thing Leads to Another - The Fixx
Somebody's Gonna Love You - Lee Greenwood
    1984 - Madonna releases the "Like A Virgin" LP.
    1986 - For the first time in the history of the NBA, both head coaches were absent from the game when Boston’s K.C. Jones and Milwaukee’s Don Nelson were too sick to attend. The Boston Celtics had their 44th straight home victory as they defeated the Milwaukee Bucks 124-116.
    1986 - Red Sox Roger Clemens becomes only the second American League pitcher to unanimously win the Cy Young Award. Denny McLain was the first to accomplish the feat in 1968.
    1987 - Heavy snow spread across much of New England. Totals in Massachusetts ranged up to 14 inches in Plymouth County. The seven inch total at the Logan Airport in Boston was their highest of record for so early in the season, and the 9.7 inch total at Providence, RI was a record for November. Roads were clogged with traffic and made impassable as snowplow operators were caught unprepared for the early season snowstorm.
    1988 - "Rattle and Hum", the album by U2, started a six-week run at the top of the U.S. album charts. Hum along now, as we list the tracks on the "Rattle and Hum": "Helter Skelter", "Van Diemen's Land", "Desire", "Hawkmoon 269", "All Along the Watchtower", "I Still Haven't Found What I'm Looking For", "Freedom for My People", "Silver and Gold", "Pride (In the Name of Love)", "Angel of Harlem", "Love Rescue Me", "When Love Comes to Town", "Heartland", "God Part II", "The Star Spangled Banner", "Bullet the Blue Sky", "All I Want is You".
    1988 – NBA superstar Russell Westbrook of the Oklahoma Thunder was born in Long Beach, CA.
    1989 - Thirty-three cities reported record high temperatures for the date as readings soared into the 70s and 80s from the Southern and Central Plains to the Southern and Middle Atlantic Coast Region. The afternoon high of 80 degrees at Scottsbluff, NE was a record for November, and highs of 76 degrees at Rapid City, SD and 81 degrees at Chattanooga, TN were the warmest of record for so late in the season.
    1990 – Tim Berners-Lee publishes a formal proposal for the World Wide Web
    1991 - Top Hits
Cream - Prince & The N.P.G.
Can't Stop This Thing We Started - Bryan Adams
Real, Real, Real - Jesus Jones
Someday - Alan Jackson
    1995 - Miami quarterback Dan Marino passes Fran Tarkenton (47,003 yards) to become the NFL's all-time passing yards leader on a 9-yard toss to Irving Fryar in the Dolphins' 34-17 loss to New England. Marino finishes his career with 61,361 yards passing.
    1996 - Reverend Jesse Jackson threatened to lead a potentially crippling boycott against Texaco if the oil giant failed to settle a lingering racial-discrimination lawsuit. Six Texaco employees initially filed the $520 million suit in 1994.  The ensuing years saw the case mushroom into a complaint backed by some 1,400 workers. Despite growing pressure, Texaco was slow to respond to the case. However, Jackson's involvement, coupled with the revelation of a "secret" audio tape that captured Texaco executives making racial slurs and plotting to derail the lawsuit, helped bring the case to a close. On November 15, Texaco announced what was believed to be a $175 million settlement to the case, which included a one-time salary boost for minority employees, as well as the establishment of "diversity training and sensitivity programs".
    1997 – Ramzi Yousef is found guilty of masterminding the 1993 bombing of the World Trade Center.  Yousef's maternal uncle is Khalid Sheikh Mohammed, with whom he allegedly planned the bombing. Mohammed is a senior al-Qaeda member accused of being the principal architect of the 9/11 in 2001. Yousef is serving his life sentence at ADX Florence, located in Florence, Colorado.[
    1998 - Top Hits
Doo Wop (That Thing) - Lauryn Hill
Lately - Divine
The First Night- Monica
One Week- Barenaked Ladies
    2001 – A mere 60 days after the 9/11 attacks, American Airlines flight 587, crashes minutes after takeoff from JFK International Airport, killing all 260 on board and five on the ground.  The Rockaways neighborhoods, site of the crash, were the residences of many of the 9/11 victims.
    2002 - Miguel Tejada, who receives 356 points from the Baseball Writers' Association, including 21 first-place votes of the 28 cast, is selected as the American League's Most Valuable Player. The A's shortstop joins countrymen Sammy Sosa and George Bell as Dominican Republic natives to win the award.
    2011 - U.S. Secretary of State Hillary Clinton calls on Iran to respond to the IAEA report stating Iran is working on nuclear bomb technology
    2013 - A plan to improve the technical functionality of U.S. stock exchanges in announced following the NASDAQ halt in trading in August, 2013.



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