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Sales Professional
San Francisco, CA

Mid to large ticket market/Fortune 1000-- prefer min. 5 yrs. sales exp. in finance. Will consider all applicants w/equip. finance exper. click here.

Monday, November 12, 2007


Veterans Day
    Classified Ad---One Senior Management
        FDIC: $393MM for NetBank Business Finance
            FBI Operation Lease Fleece
                ”Request Site” joins Site Inspection List
Arizona Equipment Leasing Association get together
    Classified Ads---Help Wanted
        Editorial: Way to Go, Marlin!!!
Cartoon---Mortgage Loan today
    Leasing 102 by Mr. Terry Winders, CLP
    Dispute Resolution
        Top Stories --- November 5--November 9
Ohio Vehicle Association Fall Conference 11/15
    Airbus Wins $13.5 B Order From Dubai Aerospace
        Asian Markets Down Big
            Wachovia absorbs a $1.1 billion hit
        The Pundit Who Bruised Citibank
    Apptix Launches Innovative VoIP Leasing Program
News Briefs---
    You May have Missed---
        Sports Briefs---
"Gimme that Wine"
    Calendar Events
        Snapple Real Facts
Today's Top Event in History
    This Day in American History
        Football Poem
    Daily Puzzle
        News on Line---Internet Newspapers
        Portsmouth, New Hampshire

######## surrounding the article denotes it is a “press release”


Veterans Day

To all veterans, here’s to you on this special day of remembrance.
To my late father, US Army staff sergeant (WWII), late Uncle Irving, Staff sergeant (Korean War, also a professional soldier), Sue late father, Don Pooley, Capt. US Navy (World War II), her brother
Don, Jr., Captain US Navy (Vietnam), my brother Michael, US. Coast Guard Lt. ( pilot fixed wing and helicopter) now photographer, brother Peter, US Air Force (NORAD,) also professional military (now retired), writer/poet, Son Dashiell, US Navy, Petty Officer (light weapons specialist, diver, electrician, Riverene unit second in command—serving 4th tour of duty in Iraq and Mediterranean waters), Cousin Alinda Flutie, Captain US Air Force (now retired), and on my mother’s side, Bressler, Pennsylvania Rifle Brigade Corporal, American Revolutionary War.)
L.C. Menkin, US 7th Army



Classified Ad---One Senior Management

Northern California
"Available soon" CLP - Director of Customer Finance for Fortune 500 manufacturer. Program development, credit, closing, sales training, portfolio mgt.

Often the short descriptions and particularly, the category doesn't tell the entire story.

I have known Doug Dawkins for almost 30 years. He has a lot of vitality, energy, and knowledge. He started his leasing career with Commonwealth Financial, in Oakland, in 1978.

After changes there, he went to Equico Lessors, who also were bought out, so he moved to Litton Industries Credit Corp in early mid 80's. They consolidated, and he went to work in 1986 at Potomac Leasing, which soon became Dana Commercial Credit (Camelot). After this consolidation, he joined Orin Hall at Heritage, who eventually became part of Sierra Cities, then moved to Bell Atlantic TriCon, who decided to get out of the leasing business, as Doug also decided to do as he was tired of the musical chairs. But he missed the "action," so re-entered the leasing industry with Tokai Financial Services, then joined AT&T Capital (VP Sales west coast). That soon became Newcourt Financial, and then CIT.

"CIT closed down our group, so I moved to HPSC, then to GE Capital, in the Sun Computer group, “ he wrote, doing his biography. “From GE/Sun, I came to Tyco Healthcare. I have been with Tyco for more than 4 years, up-dating, modernizing, and making things work much more smoothly. This operation is moving to Boulder, Colorado. I have enjoyed it very much. I'd really like to continue working for a manufacturer, on the inside, helping them put together quality lease programs with lessors who are a good fit. I am also available for a quality lessor.

707-580-1431 cell

Kit Menkin

To place a free “job wanted” ad here, please go to:

For a full listing of all “job wanted” ads, please go to:



FDIC: $393MM for NetBank Business Finance


The FDIC announces the sale of NetBank Business Finance (NBF), an approximate $420 million division of the recently failed NetBank. This division will be offered for sale in two mutually exclusive pools. A prospective acquirer may purchase 1) all assets and specifically identified liabilities of NBF (e.g. cash; leases; commercial loans; FF&E; prepaid and other assets; security deposits, accounts payable – equipment, property and sales taxes) or 2) the commercial loan and lease portfolio approximating 10,900 assets with gross book value of $510 million, unearned discounts of $90 million and lease residuals of $2 million.

NBF-1-07-010 - Net Assets – NetBank Business Finance: All assets and specifically identified liabilities of NBF (e.g. cash; leases; commercial loans; FF&E; prepaid and other assets; security deposits, accounts payable – equipment, property and sales taxes). Additional, specific information on the assets and liabilities to be sold/purchased may be found in the storeroom section of this website.

NBF-1-07-020 - Commercial loans and Leases Only - NetBank Bus.: 53% of this $420 million portfolio are secured commercial loans, while 27% are “$1 out” leases and 17% are unsecured loans.

NetBank Business Finance, now LEAF Specialty Finance, was sold to LEAF Funding LCC for $393 million, according to a FDIC spokesman. When asked how many bids were received, the spokesman did not know at the time, he said.

The Resource American press release announcement that LEAF Financial Corp. will purchase the approximately $430 million leasing portfolio of NetBank Business Finance from the FDIC and that LEAF said it intends to continue to operate NetBank Business Finance's lease origination and management platform out of Columbia. This is interrupted to mean they not only purchased the portfolio, but the company itself for $393 million.

The FDIC originally valued NetBank Business Finance at $430 for their portfolio and 70 employee operation in Columbia, South Carolina (does it include the lease on the building?)

In the purchase of Pacific Capital Bank Leasing with their 25 employees by LEAF, the operation had to move as they were located in the bank. The “purchase price equal to 104.7643% of the Bank's net investment in the equipment lease assets. The aggregate purchase price is estimated to be approximately $280 million.” This again was the portfolio plus the company, too.

When the FDIC took over was that NetBank did not file audited financials for year ended 12/31/06, however. The $430 numbers were from internal financial statements, reviewed, somewhat audited, but as important, to the best knowledge of the leasing operation management.

Leasing News will continue to seek how many bids were received, the length of time in the offering, and other questions. However, not having an audited statement, the lower origination of small ticket leases in the last quarter, and the gloom of the future, this may have been the best price.

A FDIC “individual” during this process told Leasing News they expected to be very busy the next year, meaning more banks and financial institutions would be taken over by their agency.



FBI Operation Lease Fleece

"A sad day, but I'm glad the industry is being policed."
Terry Waggoner

(His son Jeremiah is on his third combat mission tour, a Sergeant in the Airborne Infantry Scout/Recon.)

"After reading the long list of “busted” individuals I had to take a shower."

Jerry L. Bernardy
Commonwealth Capital

Above are some of the many comments from Thursday and Friday’s story about the FBI sting labeled “Operation Lease Fleece” which found $20 million in losses to several lending institutions. The rumors about fake invoices and vendors were printed in Leasing News in 2004. An alleged ex-employee, then working for Balboa Capital, sent an e-mail to many funders and leasing associations.

It took a well-thought out “sting” by the FBI to collect evidence regarding up to 35 individuals (more are to be named, the authorities have stated. The most notorious so far are Jim Raeder and Mark McQuitty from CapitalWerks and 75 year old Harold Gold. It is ironic that Gold had not been out of the federal penitentiary for very long after serving time being found guilty for the alleged same offense charged by the FBI. If the trial goes as long as RW Professional, he’ll be 79 by the time a verdict is rendered.

None of the principals were licensed in the State of California as a personal property broker or finance lender. This may have ramifications in the court proceedings, especially by the funders involved.

Several of those named have reportedly turned “states evidence.” Leasing News was told by an informed source the FBI has video and telephone recordings. One of them Leasing News was privy to hear. In this well-thought out operation, including cooperation from the local authorities, IRS, and US Postal Serve, the FBI actually occupied the same building as CapitalWerks in Santa Ana, California. Reportedly several ex-employees of CapitalWerks have also turned state’s evidence. This should be a very interesting trial of how this worked, who did what, and perhaps the leasing industry will learn new safeguards to prevent this in the future.

Here are some more comments on “Operation Lease Fleece,” this time from “funders:”

“It’s much easier to scam a leasing company as a business rather than a consumer, especially with the help of a dirty broker and a willing banks intentional loose regs.

“Fact - within two weeks, I could build a bogus biz that would qualify for 50-100k per bank (no pg) while at the same time build a fake vendor and get them approved with the target bank, and run off with 250-350k without ever making a single payment.”

(East Coast banker name with held at his request)

“The scams and loose regs in the Leasing biz make the mortgage industry look Kosher, and that's only because of the loop holes banks have for subverting the ‘truth and lending disclosures.’ 

“I don't think Lease Police will take off as the banks don't want to support the development of a tool that will kill the flow of the percentage of bad business that spikes their revs.  It would be the equivalent of the sub-prime lenders wanting to  help fund a tool for consumers to see "transparent wholesale," rather than illegally "broker inflated retail," stopping the brokers from stealing the Yield Spread Premiums ('YSP"). 
“For your readers, YSP is the rebate provided to the brokers by the banks as an incentive to send them biz and hike up the rate on the consumer.  The only problem is that YSP is legally intended to be given to the borrower to cover closing costs in exchange for taking a higher rate(which is supposed to be disclosed to them as a choice) - the rate that they actually qualify for from the wholesale lender, not what the broker can sell them.   -
see and “
  (Name with held)

Lease Police response:

“I have spoken to a number of people on this including one person who spoke to one of the 23 parties charged. Apparently the FBI threw out a large net in order to get a number of them to cooperate. One source said that there is even a larger group to be exposed even going back to NorVergence and Today's Destiny. Maybe some of the big Funders will finally get the message that we do have a problem and that sweeping these frauds inside of their abnormally low losses is not the answer.

"Just last week I uncovered a vendor in Edmonds, Ok operating out of his residence, with a great web page selling a series of servers at !9,250 each. Each unit couldn't have cost more than $1000. Four major funders were caught for $4.5 Million.

"Our industry in its drive for volume is cutting too many corners and with these criminal groups it's just easy pickings. It is bad enough but when you have people in the mainstream of our business who know the loopholes it's a disaster."

Bernie Boettigheimer, CLP
Lease Police, Inc.

From a major funder:
“The scams and loose regs in the Leasing biz make the mortgage industry look Kosher, and that's only because of the loop holes banks have for subverting the ‘truth and lending disclosures.’ 


(Note: Many funders advertise they pay up to 20 points to equipment leasing brokers---assuming the residual is discounted at the time of funding. They also have told Leasing News they pay vendors up to ten points for referring business. Others have it capped at lower points. editor *)

“You have to understand how vendor finance companies view site inspections versus an end user driven company. Vendor finance companies typically approve the vendor (NorVergence) to do business first. Most of the larger companies (GE, CIT, Citi,) have a separate department responsible for approving all vendors for business.

“New Vendor Applications are submitted along with a signed vendor application, financials on the vendor, references, product literature etc. If a vendor's product is proprietary or unique, there is more scrutiny placed on the strength of the vendor to stand behind its products and services. Remember, the exposure (greatest risk) with a vendor finance company is with its vendors, not the end users.

“NorVergence was selling technology based upon cost savings. The product did work and I can tell you that we checked out the product through 3rd parties and even had its technology group validate the technology. Due to the average deal size being small (typical less than $150k), site inspections would not be required. I think everyone knew the equipment (router box) was inexpensive relative to the funding but no one put together the whole package here and that was the discounting of phone service.

“NorVergence did a phenomenal job of selling to the lease companies and applied great pressure to buy their business. If GE or CIT is buying this paper, why won't you? I know the leasing companies talked to one another but all had reservations with NorVergence.

Later, we found out NorVergence was making many of the monthly payments from the lessee's to hide the fraud. This had been going on for a couple of years.

“What the leasing companies missed as this:

“1. They did not check into the background of the owners
2. They did not understand what they were funding
3. They fell into the "buzz" surrounding NorVergence
4. Simply fell short on "due diligence"
5. This is tough but leasing companies did not communicate the whole deal with one another.

“Site inspections have their place in the market and not enough are done, but it would not have made a difference here.”


(Leasing News believes that site inspections would have been helpful in the defense of the contract, and an interview with the lessee would have brought up the service issue. As important, the idea behind this is after the lease is funded, perhaps in three to six months, a budget is set up and then site inspections by random on one vendor or broker, or every third lease on tenth lease, to learn if the equipment is still there, working, and perhaps afterwards a fraud falls apart between thieves and time away from the funding will bring up the thievery. A six month experiment might justify a budget for site inspections after funding. Editor)

From Barry Marks, Esq.


“Thanks for your coverage of this important development in our industry. A couple of observations:

“1 – It is no surprise that fraud is again on the rise with loose money and faster approvals. We need to be careful!

“2 – It appears (and we need to know this) that this is vendor/lessee fraud utilizing fake invoices, equipment returns and such. That, plus sale/leasebacks of used equipment may be the most prevalent fraud on originators and among the hardest to spot. In this case, it is alleged that the originator is part of the fraud, but this kind of fraud can be implemented by vendors and lessees AGAINST the broker.

“Anyone can fake an invoice these days, but brokers who know their vendors and/or lessees and stick to proper procedures are the first line of defense. Unfortunately, some of them wind up buying back deals where representations cover fraud. This is not a question of whether brokers should focus on sticking the funder with the bad deal by negotiating better agreements; it is a matter of knowing who is checking out the vendor and responsible if the guy’s a fraud.

“A few years ago (as I have told many of your readers) I met a seemingly harmless older businessman who matter-of-factly described how he could get a loan any time he needed it by using a blank invoice form he got from a friend at a computer vendor and financing equipment that didn’t exist at ‘any bank in Atlanta.’ He told me that no one got hurt because he always paid off, but he got unsecured loans for secured loan interest despite his poor credit. Wow.

“3 – DON’T THINK THIS DOESN’T HURT YOU. GE, Citi, Wells…they syndicate deals to smaller banks. If some bank in your neighborhood bought one of these deals and got burned. These banks may never buy a lease again from anyone. Einstein observed that a cat that jumps on a hot stove won’t do it again. It will also never jump on a cold stove.

“Bottom line: we gotta all slow down and be careful and watch those vendors carefully. We gotta know the lessees and be prepared for random inspections to be part of the standard package, which may cut into profits slightly across the board. As usual, most of us will shrug and go on and some of us will be next in line to be burned. “

Suite 525, 2001 Park Place North
Birmingham, Alabama 35202
P. O. Box 11386
Birmingham, Alabama 35203
fax 251.8305

* Vendor/Commission Chart
click on the body of the chart to enlarge, or go here:

Friday story:



”Request Site” joins Site Inspection List

Site Inspection Services

( To apply to be listed, please fill in this form and fax to 408.374.3843 or you
may e-mail to:
Site Inspection Form

Company Name
Year Founded
Employees or Ind. Contractors
Request Site
Marlene Azarov,
VP of Operations
Tel: 877 259-1665
Fax: 866 272-7249
Merchant Site I
nspections, Fraud Investigations,
Commercial Photo Inspections.


Associations are abbreviated. See our Associations page full name and information.

To view the entire list, please go here.



Arizona Equipment Leasing Association get together

The A.Z.E.L.A. went to the dogs with 30 attendees on Thursday 11/8 at the Greyhound Park.  Before placing bets on favorites and long shots, there was a lively discussion concerning the property tax issue that can deter the attractiveness of leasing.
Bernice Truszkowski
Equipment Funding Ltd.



Leasing Industry Help Wanted

Sr. Lease Contract Specialist

EFD Direct Lease
Sr. Lease Contract Specialist
Walnut Creek, CA

You will create all necessary lease and loan documentation for complex direct equipment leases. Requires a BA or equivalent & 6+ years of leasing and contract experience. CLICK HERE for a detailed description and resume submission info.

Visit , for more information. Bank of the West and its subsidiaries are equal opportunity/affirmative action employers.

Sales Professional

Sales Professional
San Francisco, CA

Mid to large ticket market/Fortune 1000-- prefer min. 5 yrs. sales exp. in finance. Will consider all applicants w/equip. finance exper. click here.



Incorporated May 21,2000





Lawrence C. Menkin, Publisher
Christopher Menkin, Executive Editor, Saratoga, CA

Chairman, Advisory Board
Bob Teichman, CLP Teichman Financial Training, Sausalito, CA.
Advisory Board
Nassau Asset Management, Westbury, NY.
Bank of the West, Walnut Creek, CA.
TriWest Financial
Global Financial Services, Manhattan, NY.
Altera. San Jose, California
Larkspur, California
The Alta Group, Salt Lake City, UT
Kabot Commercial Leasing, Seattle, WA.
Empire Bradcasting, San Jose, CA.
Kropschot Financial Services, Vero Beach, FL.
SFBI Recruiters, Atlanta, GA.
Douglas-Guardian Services Corporation, Houston, TX.
McCue Systems, Inc. Burlingame, CA.
Madison Capital, LLC., Owings Mills, MD
San Diego Business Journal, San Diego, CA.

Metro Newspapers, San Jose, California

LEAF Financial Corporation, Orange, CA.
Brava Capital, Orange, CA.

Way to Go, Marlin!!!

Leasing News salutes the Marlin Business Services Board of Directors who has announced the company intends to buy back $15 million of their stock. This should not only be good news to stockholders, but also to employees and the leasing industry that the board believes in their company. They are willing to put their money where their mouth is.

Leasing News also agrees with Marlin Business Services Chairman Dan Dyer that the value of the company does not reflect its financial statement.

"This share repurchase authorization demonstrates our commitment to drive long-term value for our shareholders while maintaining our flexibility to make both operational and strategic investments in our Company," said Daniel P. Dyer, Chairman and Chief Executive Officer of Marlin Business Services Corp. "Our Board of Directors believes that buying back shares of the Company's common stock is not only an excellent investment opportunity, but is also consistent with our goal of using our excess cash resources to enhance shareholder value."

While the company has seen some serious changes in sales and other operations, it has replaced them with "hires" that should be given a chance to perform. While replacing a quarter-back and other key players, such as a wide receiver, it is the entire team that wins football games; offense, defense, and special teams. Even those who left acknowledged they were leaving good friends, a very experienced staff: all hardworking to get good business done and were very positive about the Marlin leasing team.

The Marlin Business Services financial statement recognizes the work of the entire company, and the current stock price does not. This is particularly true in lower originations by all those in the small ticket leasing marketplace, with increased competition. Marlin appears to still be ahead of the pack.

The board should also be congratulated for realizing factoring was not going to work,
mixing with leasing.

To try new avenues, such as business loans, and to continue the smooth operations after key players have left, should be rewarded. The goal to improve, to try something new, to change, will make Marlin even more successful.

Even though other stocks, especially bank and financial stocks have gone down last week, Marlin's has gone up:

Congratulations!!!! Way to Go, Marlin!!!!!

SEC Financial Statement filing for the Quarterly Period
Ended September 30, 2007:





Leasing 102

by Mr. Terry Winders, CLP

Dispute Resolution

Anyone who has gone to the legal courts today is aware of the cost, and most important, the time delays, to get resolution of a default or a dispute. One of the most common disputes is the definition of fair market value purchase options. For instance: What is the value of a snow blower in Minneapolis in January versus a snow blower in Miami? Easy question, but clearly different answers. Therefore just saying “fair market value” may get you into a dispute with your lessee. Their assumption of value may be different than yours and how to resolve the problem without losing the goodwill of your customer becomes the problem. Many lessors are turning to arbitration, instead of the courts, to settle their problems.

Language like this is showing up in modern lease agreements: “Any dispute between the parties hereto that is not resolved by informal negotiations shall be resolved by final and binding arbitration conducted by a single arbitrator appointed by the American Arbitration Association (the "AAA"). Such arbitration proceeding shall be governed by the Federal Arbitration Act and conducted in (City, State) in accordance with the Commercial Arbitration Rules of the AAA. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Such arbitrator shall have authority to award actual damages and reasonable attorneys' fees and other costs of arbitration to the prevailing party to such arbitration, but shall have no authority to award either party any penalties or any consequential, special, exemplary, or punitive damages”

This form of arbitration is quick and usually gets to the heart of the problem and settles it without either side taking offence. However some Lessor’s prefer mediation because the process typically involves nonbinding discussions between the parties and an agreed-upon mediator. The issue here is if the outcome is binding or nonbinding. An arbitration usually reports to the courts and is binding whereas a mediation is just between the management staff of the lessee and lessor and if they both live up to the agreement all is well, However, if either party gets cold feet the agreement may fall apart.

Both forms of resolution are preferred to the legal court system because of cost reduction and usually a faster decision. In addition many lessors are adding additional words to qualify the FMV option. These are FMV in place in use, FMV in Exchange, FMV orderly liquidation value or FMV auction value. The more you define the FMV the better your negotiations are going to be.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at or 502-327-8666.
He invites your questions and queries.

Previous #102 Columns:



Top Stories --- November 5--November 9

Here are the top ten stories most “opened” by readers last week:

(1) Mea Culpa: Jim Raeder—Mark McQuitty Busted

(2) Jim Raeder to Leasing News, August 30, 2001:

(3) Bulletin Board Complaint
William J. "Bill" Weldon dba Production Finance

(4) NorVergence is still alive-----

(5) LeaseLogic: Is This the End of Cold Calling?

(6) Leasing 102 by Mr. Terry Winders, CLP
“What did you forget?”

(7) Marlin Board $15 MM Stock Repurchase Plan

(8) Marlin exits Factoring Biz/3rd Q Profit

(9) Capital One Stock Suffers

(10) Direct Capital’s Mike Murray retires

An extra, not counted in the Top Ten as sent separately:

--- Extra
Jim Raeder--Mark McQuitty Busted






News Briefs----

Airbus Wins $13.5 B Order From Dubai Aerospace

Asian Markets Down Big...

Wachovia absorbs a $1.1 billion hit

The Pundit Who Bruised Citibank

Apptix Launches Innovative VoIP Leasing Program

America crazy about breadbox on wheels called Smart car



You May have Missed---

Kitchen Fire tip—



Sports Briefs----

Chargers win by a foot

Rex Grossman — and the Bears — show they have some fight left,0,6363828.story

Raiders' passing game can't scare Bears

Dallas Cowboys seize control of NFC East with win over Giants

As Packers keep winning, confidence keeps building

Lions exposed: Cardinals score 31-21 surprise

Football Final Scores:



“Gimme that Wine”

Americans getting personal with vineyards

Winemaker's Answer Book

estimated 3 to 5 percent of cork-sealed wines are imperfect

Latest revisions of key wine tomes previewed by Jancis Robinson

Wine Prices by vintage
US/International Wine Events
Winery Atlas
Leasing News Wine & Spirits Page
The London International Vintners Exchange (Liv-ex) is an electronic exchange for fine wine.



Calendar Events This Day

Mexico Postman’s Day
Every year on “Dia del cartero,” Mexicans show their appreciation for their postal carriers by leaving a little something in their mailboxes.

Chicken Soup for the Soul Day

Veterans Day
The name of this special day may be different in different places throughout many nations; but its significance is the same. It was on this day, at 11 a.m., that World War I ceased. The Allied and Central Powers signed an armistice agreement at 5 a.m. in Marshal Foch’s railway car in the Forest of Compiegne, France. Even today, many still bow their heads in remembrance at the 11th hour of this the 11th day of the 11th month. 8.5 million dead, 21 million wounded, 7.5 million prisoners & worldwide influenza epidemic (today thought to be the first “bird flue,” kills 22 million by 1920.
It was originally called "Armistice Day", the date World War I ended in Marshal Foch's railway car in the Forest of Compiegne, France upon signing of the Allied and Central Powers agreement to end the war. From 1919 to 1970, it became known as "Veteran's Day," observed the 11th of November, but in 1971, it was changed, Public Law 90-363 with "The Monday Holiday Law" to be observed on the "fourth Monday of October." This moveable observance date, which separated Veterans Day from the November 11 anniversary of World War I armistice, proved very unpopular. State after state moved it observance back to the traditional November 11th date, and finally, Public Law 94-98 of September 189, 1975, required that effective January 1, 1978, the observance of Veterans Day reverted to November 11, also known as "Armistice Day."

World Orphans Day

Saint feast Days



Dogs are very nice when you are nice to them.



Today's Top Event in History

1939 - Ruby Nash Curtis of Ruby and the Romantics is born in Akron, Ohio. The group has a No. 1 hit in 1963 with ``Our Day Will Come.''


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, 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 the father of Robert E. Lee, who was to become a Confederate general. Henry Lee was 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, he 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- birthday of Elizabeth Cady Stanton; 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 the early women's movement her story 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:
    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 25 th (more on this on November 25 th ) As a side note: 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.
(mcccartes/039135f ))

    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
    1911-Trumpet player Buck Clayton birthday
    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.
    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 Kenesa Mountain Landis, the game's first commissioner with extremely broad powers. Landis replaced the National Commission, a three man governing board, to 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.
    1925-First Louis Armstrong Hot Five recording, Chicago (Okeh label)
    1920- an underwater highway tunnel with twin tubes was started this day to run from New York City to Jersey City under the Hudson River. It was named after its chief engineer, Clifford Milburn Holland. It open November 12,1927. by President Calvin Coolidge, who gave the signal form 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. Vehicular traffic was allowed through on November 13, 1927. 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- Louis Armstrong Hot Five makes their first recording, Chicago, ILL Okeh
    1929- birthday of Grace Kelly; 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. Born at Philadelphia, PA, she died of injuries sustained in an automobile accident, Sept 14, 1982, at Monte Carlo, Monaco. 1936 –San Francisco-Oakland Bay Bridge opens.
    1933-First Sunday football game in Philadelphia (previously illegal.)
1939 - Ruby Nash Curtis of Ruby and the Romantics is born in Akron, Ohio. The group has a No. 1 hit in 1963 with ``Our Day Will Come.''
    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 un 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 War” captures much of the famous battle.
1944---EVERHART, FORREST E. Medal of Honor
Rank and organization: Technical Sergeant, U.S. Army, Company H, 359th Infantry, 90th Infantry Division. Place and date: Near Kerling, France, 12 November 1944. Entered service at: Texas City, Tex. Birth: Bainbridge, Ohio. G.O. No.: 77, 10 September 1945. Citation: He commanded a platoon that bore the brunt of a desperate enemy counterattack near Korling, France, before dawn on 12 November 1944. When German tanks and self-propelled guns penetrated his left flank and overwhelming infantry forces threatened to overrun the 1 remaining machinegun in that section, he ran 400 yards through woods churned by artillery and mortar concentrations to strengthen the defense. With the 1 remaining gunner, he directed furious fire into the advancing hordes until they swarmed close to the position. He left the gun, boldly charged the attackers and, after a 15-minute exchange of hand grenades, forced them to withdraw leaving 30 dead behind. He re-crossed the fire-swept terrain to his then threatened right flank, exhorted his men and directed murderous fire from the single machinegun at that position. There, in the light of bursting mortar shells, he again closed with the enemy in a hand grenade duel and, after a fierce 30-minute battle, forced the Germans to withdraw leaving another 20 dead. The gallantry and intrepidity of T/Sgt. Everhart in rallying his men and refusing to fall back in the face of terrible odds were highly instrumental in repelling the fanatical enemy counterattack directed at the American bridgehead across the Moselle River.
    1945-Singer Neil Young born Toronto, ON, Canada.
    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.
1948 - An international war crimes tribunal in Tokyo passes death sentences on seven Japanese military and government officials, including General Hideki Tojo, who served as premier of Japan from 1941 to 1944. Eight days before, the trial ended after 30 months with all 25 Japanese defendants being found guilty of breaching the laws and customs of war. In addition to the death sentences imposed on Tojo and others principals, such as Iwane Matsui, who organized the Rape of Nanking, and Heitaro Kimura, who brutalized Allied prisoners of war, 16 others were sentenced to life imprisonment. The remaining two of the 25 defendants were sentenced to lesser terms in prison. Unlike the Nuremberg trial of German war criminals, where there were four chief prosecutors representing Great Britain, France, the United States, and the USSR, the Tokyo trial featured only one chief prosecutor--American Joseph B. Keenan, a former assistant to the U.S. attorney general. However, other nations, especially China, contributed to the proceedings, and Australian judge William Flood Webb presided. In addition to the central Tokyo trial, various tribunals sitting outside Japan judged some 5,000 Japanese guilty of war crimes, of whom more than 900 were executed.
    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-"Jamboree," the first movie starring Jerry Lee Lewis, previews in Hollywood. Among those featured in the flick are Fats Domino (with whom Lewis shares top billing), Carl Perkins, Frankie Avalon, Slim Whitman and Connie Francis.
    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.
    1966-Donovan's "Mellow Yellow" is released. He wrote the song as under the influence of "smoking banana skins".
    1967 - On Broadway, Pearl Bailey took over the lead role in the musical, "Hello Dolly". "Pearlie Mae", as Buck was called, was a hit.
    1967 - The Detroit Lions set an NFL record by fumbling the football 11 times and losing it 5 of those times.
    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
    1968-baseball player Sammy Sosa 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.
    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
    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.
    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 coached K.C. Jones and Don Nelson were too sick to be at the Boston-Milwaukee game. 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".
    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.
    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
    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".
    1998---Top Hits
Doo Wop (That Thing)- Lauryn Hill
Lately- Divine
The First Night- Monica
One Week- Barenaked Ladies
    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.



Football Poem

I take the snap from center, fake to the right, fade back . . . I've got protection. I've got a receiver open downfield. . . . What the hell is this? This isn't a football, it's a shoe, a man's brown leather oxford. A cousin to a football maybe, the same skin, but not the same, a thing made for the earth, not the air. I realize that this is a world where anything is possible and I understand, also, that one often has to make do with what one has. I have eaten pancakes, for instance, with that clear corn syrup on them because there was no maple syrup and they weren't very good. Well, anyway, this is different. (My man downfield is waving his arms.) One has certain responsibilities, one has to make choices. This isn't right and I'm not going to throw it.
Louis Jenkins




The object is to insert the numbers in the boxes to satisfy only one condition: each row, column and 3x3 box must contain the digits 1 through 9 exactly once. What could be simpler?



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