Caught Sending Unlicensed Broker Deal Cost $75,000
   by Ken Greene, Leasing News Legal Editor

Here is a case where a licensed California finance company got caught sending a deal to an unlicensed broker. Opportunity Financial is both a finance lender and broker under the California Financing Law (CFL No. 603-K647).

In 2016, the Department of Business Oversight, now known as the Department of Financial Protection and Innovation (DFPI) conducted a regulatory examination of Opportunity Financial and examined its books and records. The Department of Business Oversight determined that they were compensating unlicensed persons who were not their employees for soliciting loan applications, and that they provided referrals for customers that were declined loans. This was before they obtained a California Finance License broker’s license. The company is now both a finance lender and broker under the California Finance Lenders Law (CFL No. 603-K647

The case was resolved with a consent order, which often happens to avoid the time and expense of a trial. Opportunity Financial was ordered to cease compensating unlicensed persons for soliciting loan applications. They were also fined $75,000. They were, however, allowed to keep their CFL licenses.

Fast forward to April 2022. The DFPI filed a complaint in Los Angeles Superior Court alleging that Opportunity Financial was engaged in a “rent-a-bank” scheme that violated California’s limit on interest rates, overcharging 38,000 California consumers since 2020 (the year they signed the Consent Order!). The loans on average carried interest rates of 153%, almost five times the state’s 36% cap on small consumer loans. The lawsuit represents yet another effort by state regulators to apply rate caps to FinTech lenders.

Opportunity Financial operates an online platform that allows banks to market their loans to consumers in every state. Their bank partners are based in Utah (one of which is FinWise). Utah has no cap on consumer interest rates.

This does not sit well with the California Department of Financial Protection, which claims the “rent-a-bank” business model is predatory lending that violates California’s consumer protection laws. The DFPI is seeking to enjoin Opportunity Financial’s rent-a-bank scheme and impose penalties of at least $100 million. The DFPI argues that Opportunity Financial, not FinWise, holds the “predominant economic interest” in these transactions, and that Opportunity Financial is therefore the “true lender.” In reality, the company is responsible for all marketing, SEO, underwriting through their proprietary software, servicing, and collections, all functions of traditional, or “true lenders.”

This case (Opportunity Financial v. Hewlett, LA Superior Court No. 22STCV08163) is important because it represents the DFPI’s mission to stop lenders and brokers from circumventing usury and interest cap laws by creating bogus relationships with exempt entities and availing themselves of the latter’s exemptions, when in fact, they are undermining the laws of another state.

It is also important in that it will fine-tune the definition of “true lender,” ending the ambiguity around this important concept. Finally, it will warn brokers and lenders alike that the California Department of Financial Protection will look at substance over form, and will not readily accept schemes which are obvious in their intent to circumvent the laws of the state of California ($100 million is no joke). Yes, this was a consumer case, but there is no reason to think that the DFPI’s mission will not extend to the commercial space which, as we’ve seen of late, is becoming more and more like the consumer space every day.

Here’s the cross-complaint:
https://fingfx.thomsonreuters.com/gfx/legaldocs/a copy of the DFPI complaint:

A final word: Do Not Underestimate the power or the perspicacity of the California Department of Financial Protection. They are law enforcement, and they have the powers of the sheriff in the wild, Wild West. So watch what you do, and don’t look for “opportunities” that run afoul of the law

P.S. Upon completing this article, I learned of a class action filed against them for evading Texas usury laws. The case is Kristen Michael vs. Opportunity Financial Case No. 1:22-cv-00529-LY, in the United States District Court for the Western District of Texas. A copy of the complaint can be found here:
https://www.consumerfinancemonitor.com/wp-content/uploads/sites/14/2022/06/Michael-Civil-Action-Complaint.pdf    

Ken Greene
Tel: 818.575.9095
Fax: 805.435.7464
ken@kengreenelaw.com
Alternate: kengreenelaw@outlook.com 

Ken Greene Leasing & Finance Observations
https://leasingnews.org/Pages/greene_observations.html

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Story Credit Lessors
"C" & "D" Lessees, Business Loans, Working Capital

With the recent changes  of funders, as well as the rise happening in credit, story credit lessors and lenders are now more in need than ever.

Here are funders who also may take "A" and "B" rated applicants and more may be more interested not in "application only." Some may become more comfortable learning more, beyond reviewing financial statements and tax returns, additional collateral, learning more about the story behind the business as qualifiers.

To qualify for this list, the company must be a funder (as qualified by Leasing News and on the “Funder List” and not a "Broker/Lessor; notifies lessees in advance when the lease will end and what the residual will be, does not automatically extend the lease or insist that their discounter follow the same policy. We reserve the right to not list a company who does not meet these qualifications.

Balboa Capital Corp.  Bankers Capital Black Rock Capital Investment, LLC BSB Leasing, Inc Calfund, LLC Dakota Financial

Financial Pacific Leasing Forum Financial Services, Inc. Gonor Funding Maxim Commercial Capital, LLC North Mill Equipment Finance

Pawnee Leasing Corporation P&L Capital Corporation Providence Equipment Finance SLIM Capital, LLC TEAM Funding Solutions

Leasing News encourage companies who are listed to contact us for any change or addition they would like to make. Adding further information as an "attachment" or clarification of what they have to offer would be helpful to readers is also very much encouraged."

Full List:
http://leasingnews.org/Story_Credit/Story_Credit.htm

 

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New Hires/Promotions in the Leasing Business
and Related Industries

Aimee J. Byrum was hired as National Business Development Officer, Summit Funding Group, Inc., Charleston, South Carolina.  Previously, she was Director of Major Accounts, Dealer Solutions, LEAF Financial Corporation (July 2005 - October, 2022).
https://www.linkedin.com/in/aimee-j-byrum-65a27a11/

Irene Eddy was promoted to Chief Financial Officer, Accord Financial Corporation, Stamford, Connecticut. She joined the company September, 2019, Senior Vice President, Capital Markets and Interim CFO. Previously, she was Senior Vice President, DBRS (July, 2016 - September, 2019). She began her career at GE Capital, starting 2000, Vice President, Capital Markets, E-Business, promoted 2002, Senior Vice President, Capital Markets (2002 - December, 2015).
https://www.linkedin.com/in/ireneeddy/

Christopher Esp was hired as Finance Sales Manager, Siemens Financial Manager, Iselin, New Jersey. He is located in the Greater Chicago Area. Previously, he was Financial Sales Executive, IBM Global Financing (January, 2017 - September, 2022); Senior Business Development Manager, Marlin Business Services Corporation (June, 2104 - 2016); Managing Director, Park Lane Capital (2009 - June, 2014); Market Development Specialist, De Lage Landen (2008).
Full Bio:
https://www.linkedin.com/in/christpheresp/details/experience/
https://www.linkedin.com/in/christpheresp/

Cheryl (Stammer) Hollingshead was hired as Senior Vice President, Business Development Officer, Axiom Bank, Hermosa Beach, California. Previously, she was Regional Vice President South California, Commercial Funding, Inc. (April, 2019 - September, 2022);  Vice President of Business Development, Federal National Commercial Credit (October, 2014 - February, 2018); Senior Business Development Officer, Porter Capital Corporation (March, 2011 - October, 2014); President, Springboard Financial (March, 2007 - October, 2014); Vice President, Business Development, Rexford Funding, LLC (2004 - 2007); Business Development Officer, CIT (2001 - 2004); Business Development Officer, First Community Financial (1999 - 2001).
https://www.linkedin.com/in/cheryl-hollingshead-62b6705/

Clay Fischer, CLFP, was promoted by Oakmont Capital Services (OCS), West Chester, Pennsylvania"...to Large Ticket Credit Manager. Mr. Fischer, who has a decade of experience in the equipment finance industry, will utilize his credit analyst expertise to help oversee the team, including newly added staff members. He will take on a management role, working with me to lead the credit department while focusing on larger transactions.” Previously, he was Commercial Loan Officer, Sentry Bank.  May, 2019, Certified Leasing and Finance Professional.”

Linda (Geleta) Kester was promoted to Senior Vice President, Sales, Jupiter Finance, Jupiter, Florida. She is located in North Palm Beach, Florida. She joined the firm December, 2021 as Vice President of Sales and Training.  She remains Sales Coach, Consultant and Author, Phone Sales, Sales Trainer (January, 1996 - Present).  Previously, she was Vice President Sales Training and Development, NewLane Finance (September, 2019 - September, 2021). Full Bio:
https://www.linkedin.com/in/lindakester/details/experience/
https://www.linkedin.com/in/lindakester/ 

Leasing and Finance Industry Help Wanted
Excellent Compensation/Marketing Support/Work

 

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Objections We All See

Sales Make It Happen by Linda Kester, 2009

In the leasing industry, there are many types of objections.  When I started in sales, I just kept getting a stall, and a stall is an objection that can happen at any point in the sales cycle. The stall I experienced happened very early in the process. You may experience this as a "brush off". The typical brush off objections that come early in the sales call are:

• We're happy with who we are using
• Just send me some literature
• We don't use leasing

If a vendor tells me in the first 25 seconds of the call that they are happy with their present leasing company, I know that my opening statement was not very effective. Then I'll say "some of my best customers said the same thing the first time I called them. Who are you using?" I brush off their brush off and ask a question.

If the prospect says "Just send me some literature on that," reply with "There are questions people have that simply aren't addressed in the literature. That's why I'd like to ask you a few questions."

Other objections/resistance come further in the sales process:

• Your rates are too high
• All our customers pay cash
• We've been disappointed in the past with turn-around time or speed of payment
• The worst thing we can do when faced with an objection is tell the other person that they are wrong. Unfortunately, that's what most objection rebuttals do. The best route is to show empathy and ask questions and help someone to:

Doubt their own beliefs
Change their mind on their own

If you can identify the true objection, then you can take steps to resolve it or move on to the next prospect instead of wasting time trying to close a sale that will never be closed.

(Linda Kester today is in New Hires. Editor)

 

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Academy for Certified Lease & Finance Professionals
 October, November, December

The Academy for Lease and Finance Professionals (ALFP) is a three-day event designed to fully prepare an individual to sit for the CLFP exam assuming the attendee has already self-studied. A trend has begun in having virtual online sessions.

During the first two days, all of the required sections of the CLFP exam are covered in-depth. On the third day, the exam is offered but is not mandatory and may be taken on another day.

Students are strongly advised to have read and studied The Certified Lease & Finance Professionals' Handbook prior to attending the class in order to ensure success.

The National Huntington Bank Private
October 13 – 14
Private

Beacon Funding Public ALFP
November 7 - 8
Monday 9:00 a.m. – 4:30 p.m.
Tuesday 9:00 a.m. – 4:30 p.m.
Exam may be taken at any time

CIT Private ALFP
November 16 – 17

Taycor In-Person Private
December 7 – 8, 2022

Professional Handbook for Taking the Test in 2022
Eighth Edition:
https://clfpfoundation.org/
(Note: for taking test in 2023 Ninth Edition, available.)

About Academy
https://clfpfoundation.org/academy-for-lease-and-finance-professionals/

If you are interested in attending, please contact Reid Raykovich, Executive Director: Reid@clfpfoundation.org

The Top 10 EV Battery Manufacturers in 2022
All Are Asian Countries

The global electric vehicle (EV) battery market is expected to grow from $17 billion to more than $95 billion between 2019 and 2028.

With increasing demand to decarbonize the transportation sector, companies producing the batteries that power EVs have seen substantial momentum.

Despite efforts from the United States and Europe to increase the domestic production of batteries, the market is still dominated by Asian suppliers.

The top 10 producers are all Asian companies.

Currently, Chinese companies make up 56% of the EV battery market, followed by Korean companies (26%) and Japanese manufacturers (10%).

The leading battery supplier, CATL, expanded its market share from 32% in 2021 to 34% in 2022. One-third of the world’s EV batteries come from the Chinese company. CATL provides lithium-ion batteries to Tesla, Peugeot, Hyundai, Honda, BMW, Toyota, Volkswagen, and Volvo.

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Watch at Home
by Fernando Croce, Leasing News Movie Reviewer

The year’s most provocative blockbuster (“Nope”) comes to streaming, as well as a pair of choice horror offerings (“Bodies Bodies Bodies,” “Pearl”), a gritty indie drama (“Emily the Criminal”) and a ravishing adult fantasy (“Three Thousand Years of Longing”).

Bodies Bodies Bodies (VOD): Agatha Christie’s classic whodunit “Ten Little Indians” gets a Gen-Z makeover in this self-reflexive slasher-comedy from Dutch director Halina Reijn (“Instinct”). The setting is a dark mansion in the middle of a tropical storm, a “hurricane party” attended by a group of twentysomethings led by the wealthy Sophie (Amanda Stenberg). Other guests include her European friend Bee (Maria Bakalova), actress Emma (Chase Sui Wonders), her beau David (Pete Davidson), podcaster Alice (Rachel Sennot) and mysterious Jordan (Myha’la Herrold). When their murder game becomes bloodily real, the youngsters start being picked off one by one. Something of a cross between “Clue” and “Scream,” the film offers plenty of deadpan humor to go with its gory twists and turns, buoyed by its talented cast.

Emily the Criminal (VOD): Modulating her trademark comedic deadpan to mine depths of desperation, Aubrey Plaza gives a riveting performance in this gritty indie thriller. Plaza plays the eponymous heroine, a college graduate who, saddled with student debt and plagued by a criminal past, can only find work delivering food. Thanks to a friend’s tip, she becomes part of a ring of “dummy shoppers” led by Youcef (Theo Rossi), who recruits people to buy black-market merchandise by using stolen credit cards. At last able to make money, Emily also finds herself on increasingly dangerous ground, particularly as she grows involved with Youcef. Marking the promising debut of writer-director John Patton Ford, this is a tense, effective drama powerfully anchored by Plaza as a woman running out of options.

Nope (VOD): Writer-director Jordan Peele (“Get Out,” “Us”) continues to expand his cinematic canvas with this enigmatic mix of science-fiction, horror and satire. Using the movie industry as a trenchant backdrop, the story centers on OJ Haywood (Daniel Kaluuya), who runs a ranch that rents out horses to a Western-themed amusement park with his sister, Emeralda (Keke Palmer). When they see what they believe is a UFO, OJ and Emeralda set up surveillance cameras to record footage of the aliens and make a fortune. What follows is a bizarre discovery that goes beyond the Haywoods’ expectations, bringing them together with a group of other characters in a welter of dread. Showcasing plenty of Peele’s confident filmmaking and canny themes, this is a bold, provocative blockbuster brimming with memorable images.

Pearl (VOD): After unleashing the acclaimed horror film “X” earlier this year, director Ti West and actress Mia Goth re-team for more grisly fun in this prequel, exchanging the original’s 1970s setting for a First World War backdrop. Goth plays Pearl, a young woman in rural Texas in 1918, who sees movies as an escape from her dreary life. Living with her strict parents in a farm while her husband is off to war, she develops a sneaky romance with the local movie-house projectionist (David Corenswet). While hoping to take part in an audition for a musical, Pearl starts (literally) slashing her way out of her stifling family home. Full of cinematic allusions and bold tonal changes, West’s film benefits hugely from Goth’s fully committed, uniquely bizarre performance.

Three Thousand Years of Longing (VOD): In his highly anticipated return after the magnificent “Mad Max: Fury Road,” action master George Miller switches gears for a quieter, more intimate but equally kinetic fantasy that often plays like a fairy-tale for grownups. Tilda Swinton plays Alithea, a literary academic who, while traveling in Istanbul, finds a mysterious bottle. Out of it springs a magical Djinn (Idris Elba), whose offer of three wishes finds no favor with the cautious, unadventurous scholar. Instead, he regales her with tales of his life, which spans thousands of years and many corners of the world. Contrasting the confined spaces of the protagonist’s hotel room with the enchantment of the Djinn’s flashbacks, Miller’s film emerges as a passionate tribute to the wondrous possibilities of cinematic storytelling.

Fernando Croce is a recognized reviewer of movies and has been contributing to Leasing News since the summer of 2008. His reviews appear each Friday.

Fernando's Reviews: https://leasingnews.org/Conscious-Top%20Stories/Fer-Review.htm

Retriever/Mix
Fort Collins, Colorado

Luverne

CAFA-A-44210
Female
5 months, 2 weeks old
18.2 lbs.
Location: Foster Home

Introducing the lovely Luverne! This sweet girl came to us with her siblings, and they've all been adopted, so now it's her turn! She is a bit nervous around people and dogs (she's only ever known her siblings!), but once she warms up, her tail wags and she gets excited for new adventures! Walks and treats are awesome, but what Luverne really likes is having someone spend time with her and give her lots of pets!  We know she'll make an amazing addition to any family! Come meet this sweet girl today!

Please call (970) 484-8516 or email
adopt@savinganimalstoday.org
with questions about Luverne!

Animal Friends Alliance
2321 E Mulberry St STE 1,
Fort Collins, Colorado
https://www.savinganimalstoday.org/iever/Mix
Fort Collins, Colorado

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Direct Capital
From the Past: October 2009

Direct Capital Corporation, Portsmouth, N.H. (10/09) Exits the broker business marketplace. (10/09) let's people go, now down to 200. (12/08) many cutbacks reported by readers as well] as nearby leasing company receiving applications from employees fired, but CEO Chris Broom says business is up 23%, $10 million put into the company and approaching banks to increase their lines of credit.(11/08) Readers report cutbacks, Broom says “normal.” (11/07) Mike Murray, co-founder with Dave Murray of company retires. (03/07) Allied Capital commits to $75 million to acquire a majority interest in Direct Capital.
https://leasingnews.org/List_Chron/2009.htm#blue_star10

News Briefs---

Twitter lawyers raise doubts about Elon Musk closing
    the deal. Trial moved from Oct. 17 to November, no date set
https://www.cnn.com/2022/10/06/tech/elon-musk-twitter-lawsuit-stay/index.html

Elon Musk’s Revived Twitter Deal Could Saddle Banks With Big Losses
   Volatility in high yield, loan markets might force sell $13 billion in Twitter debt at discount
https://www.wsj.com/articles/elon-musks-revived-twitter-deal-could-saddle-banks-with-big-losses-11665069334?st=55tu4wygqvarns1&reflink=desktopwebshare_permalink

Intel lobbyists: Oregon will ‘miss out’ on chip industry
building boom without more incentives
https://www.oregonlive.com/silicon-forest/2022/10/intel-lobbyists-oregon-will-miss-out-on-chip-industry-building-boom-without-more-incentives.html

American Airlines pilots oppose congressional
extension for Boeing, demand upgrade
https://www.seattletimes.com/business/boeing-aerospace/american-airlines-pilots-oppose-faa-extension-for-boeing-demand-upgrade/

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Porsche passes Volkswagen as
    Europe’s most valuable carmaker
https://nypost.com/2022/10/06/porsche-passes-volkswagen-as-europes-most-valuable-carmaker/

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Sports Briefs---

The 49ers need Jimmy Garoppolo
    to throw George Kittle the damn ball
https://www.sfgate.com/49ers/article/niners-need-garoppolo-target-kittle-17491480.php?IPID=SFGate-HP-Editors-Picks

Giants sit out postseason a year after winning 107 games
https://www.pressdemocrat.com/article/sports/giants-sit-out-postseason-a-year-after-winning-107-games/

NFL 2022 season predictions from USA TODAY Sports
    Super Bowl 57, playoffs, MVP and other awards
https://www.usatoday.com/story/sports/nfl-picks/2022/09/07/nfl-2022-season-picks-super-bowl-57-mvp-usa-today/8004350001/

Cowboys head coach Mike McCarthy on Rams matchup:
    'We're nobody's underdog'
https://www.theredzone.org/Blog-Description/EntryId/25504/Cowboys-head-coach-Mike-McCarthy-on-Rams-matchup---We-re-nobody-s-underdog-

Patriots place QB Brian Hoyer on injured reserve
https://www.theredzone.org/Blog-Description/EntryId/25507/Patriots-place-QB-Brian-Hoyer-on-injured-reserve

Aaron Rodgers says development of young
    WRs will play into retirement decision
https://www.theredzone.org/Blog-Description/EntryId/25505/Aaron-Rodgers-says-development-of-young-WRs-will-play-into-retirement-decision

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California Nuts Briefs---

More water restrictions likely as California pledges
     to cut use of Colorado River supply
https://www.latimes.com/california/story/2022-10-06/southern-california-faces-new-water-restrictions-next-year

New California law means millions of plastic produce bags
    are not long for the supermarket world
https://www.eastbaytimes.com/2022/10/05/this-common-item-is-on-the-way-out-at-california-grocery-stores/

How California’s new salary disclosure law could benefit employers
https://www.pressdemocrat.com/article/industrynews/how-californias-new-salary-disclosure-law-could-benefit-employers/

49ers triple political contributions, pour nearly
     $2.7 million into Santa Clara races
https://www.sfchronicle.com/sports/49ers/article/49ers-triple-political-contributions-pour-nearly-17487399.ph

80-Year-Old San Francisco Bay Area Radio Station
    KGO 810 Abruptly Shuts Down
https://patch.com/california/saratoga/s/if94i/80yearold-bay-area-radio-station-kgo-810-abruptly-shuts-down
(In my younger days, I was a news editor at KGO Radio News. Editor)

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"Gimme that wine"

NFL Star Sidney Rice launches new WA Wine "Dossier"
https://www.winebusiness.com/news/article/263334

The 11 Best Wines to Drink With Lobster
https://robbreport.com/food-drink/wine/gallery/wines-pair-with-lobster-1234755513/

Château Latour Just Released More Bottles
of Its Highly Coveted 2010 Vintage ($1,200 per bottle)
https://robbreport.com/food-drink/wine/gallery/wines-pair-with-lobster-1234755513/lobster_pairing_wines_talbott/

Limited tickets remaining for Sonoma Vintner Phil Coturri's
birthday blowout party at Vinyl Sunday, Oct 9th
https://www.winebusiness.com/news/article/263348

“Gimme that Wine”
http://www.youtube.com/watch?v=EJnQoi8DSE8

Free Wine App
https://www.nataliemaclean.com/mobileapp/

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

This Day in History

     1542 - Cabrillo discovered Santa Catalina Island off the California coast.
    1691 – The English Royal Charter for the Province of Massachusetts Bay was issued.
    1728 - Birthday of Caesar Rodney (d. 1794) near Dover, DE.  Signer of the Declaration of Independence and most famous for his midnight ride. Rodney's ride ended up at the doorstep of Independence Hall where he cast the decisive Delaware vote for Independence. Rodney is on a quarter issued by the US Mint in 1999, the first in a series of quarters that commemorate each of the 50 states.
http://www.ushistory.org/march/bio/rodney.htm
http://www.colonialhall.com/rodney/rodney.asp
http://www.state.de.us/facts/history/rodnbio.htm
    1763 - King George III issued the Royal Proclamation of 1763 closing aboriginal lands in North America north and west of Allegheny Mountains to white settlements.
    1777 - In the second Battle of Bemis Heights, near Saratoga, NY, the Americans routed a force of some 1500 British. Benedict Arnold was wounded while attempting to force an entrance into the Hessian camp, and British Gen. Simon Fraser was killed.
    1780 - British and Tory forces were defeated at King's Mountain, South Carolina, by Americans under Col. William Campbell, Col. Isaac Shelby, and Col. Benjamin Cleveland. The British commander, Maj. Patrick Ferguson, and 160 others, were killed. Nearly 800 prisoners were taken.
    1821 - Birthday of William Still (d. 1902), chronicler of “The Underground Railroad Records,” born near Medford, in Burlington County, N.J
http://www.undergroundrr.com/stillbiofr.html
http://www.undergroundrr.com/firstfamily.html
    1826 – The Granite Railway began operations as the first chartered railway in the U.S.
    1832 - Birthday of Charles Converse (d. 1918), American lawyer and sacred composer. Converse penned the hymn tune “CONVERSE,” to which we sing today "What a Friend We Have in Jesus."
http://www.cyberhymnal.org/bio/c/o/converse_cc.htm
    1833 - Margaret Fox (d. 1893) - U.S. spiritualist birthday, Hydesville, NY. Along with her younger sister Catherine (1839), they are both said to have invented the field of spiritualism. At least they were among the most popular and much sought-after spiritualists of the era of table tapping and sounds from the dead. Later in life Margaret turned to religion and sister Catherine recanted spiritualism and then recanted her recanting. As teen-agers they appeared to have attracted poltergeist-like manifestations. The primary divination method used by the Fox sisters in séances was table tapping - a method in which those in the spiritual (after death) realm used tapping sounds on the table, the walls and the floor to communicate. According to tradition, one of the sisters was able to snap her big toe on the floor to create the tapping sound. Horace Greeley was convinced the sisters were authentic and they got the backing of his New York Tribune. Later in life Margaret Fox revealed it started out as a game and turned into outright charlatan.
http://psychicinvestigator.com/demo/Foxtxt.htm
    1849 - Birthday of American Poet James Whitcomb Riley, Greenfield, IN; died July 22, 1916.
http://www.jameswhitcombriley.com/
    1864 - Naval Engagement at Bahia Harbor Brazil-CSS Florida vs USS Wachusett. The Union warship Wachusett captures the famed Confederate raider Florida while the Rebel ship is in port at Bahia, Brazil. After the Yankee crew sailed the Florida out to sea, the Brazilian government protested the invasion of its neutrality. The Union returned the ship and crew to the Confederate government, but the Florida sunk six weeks later off Hampton Roads, Virginia.
http://www.csa-dixie.com/Liverpool_Dixie/exhib.htm
    1864 - Battle of Darbytown Road, Virginia.  In the summer of 1864, the campaign between Lee and Union General Ulysses S. Grant ground to a halt at Petersburg, 25 miles south of Richmond. Seeking to halt the march to Richmond, Lee sent two divisions under Generals Charles Field and Robert Hoke to move around the end of the Union line and attacked 1,700 cavalrymen. The assault sent the Yankees into a quick retreat. The Confederates captured eight cannons and drove the Union troopers into the breastworks of General Alfred Terry. Alerted to the advancing Confederates, Terry summoned reinforcements to his position. By the time the Confederates worked their way through the thick foliage, they faced a strong Union force. Lee ordered an attack anyway. Brigades advanced one at a time, and the Yankee artillery tore the lines apart. By the afternoon, the Confederates withdrew to their original position. They lost 700 men while the Yankees lost only 400, and no ground was gained. Lee did not make another attempt to regain the ground and focused instead on setting up defenses closer to Richmond. (There seems to have been several skirmishes around Darbytown Road but this is from the writing on a solider of the Fourth Oneida Regiment, New York, who was at the scene: “Efforts by the rebel forces to retake Fort Harrison on the 30th were not successful. General Grant decided not to renew the attack on the 30th, ordering the Army of the James to maintain its defensive position in preparation for General Lee's subsequent unsuccessful counterattack,” that followed.
http://www.117nyvi.org/reghist.htm
http://www2.cr.nps.gov/abpp/battles/va077.htm
    
    1868 - Cornell University welcomes its first students; initial student enrollment is 412, the highest at any American university to that date.
(Lower half of:
http://memory.loc.gov/ammem/today/oct07.html
    1884 - The first black Major League baseball player was Moses Fleetwood Walker (d. 1924), who was born in Mt. Pleasant, OH.  He played for Toledo in the American Association.  Walker made his Major League debut on May 1 against the Louisville. In 42 games, Walker had a batting average of .263, which was above the league average. His brother, Weldy Walker, later joined him on the team, playing in six games. The Walker brothers are the first known African-Americans to play baseball in the Major Leagues.
http://www.oberlin.edu/external/EOG/OYTT-images/MFWalker.html
http://www.nlbpa.com/walker__moses_fleetwood.html
    1888 - Birthday of sculptor Sargent Johnson (d. 1967) in Boston.  One of the first African-American artists working in California to achieve a national reputation.
http://www.ijele.com/ijele/vol1.2/montgomery.html
http://www.ijele.com/ijele/vol1.2/images1.2/mont/index.htm
http://www.artcyclopedia.com/artists/johnson_sargent_claude.html
    1896 - Dow Jones began reporting an average of the prices of 13 industrial stocks in The Wall Street Journal. In the early years, these were largely railroad stocks. In 1928, Mr. Dow expanded the number of stocks to 30, where it remains today. Today, the large, frequently-traded stocks in the Dow Jones Industrial Average represent about a fifth of the market values of all US stocks.
    1897 – Elijah Muhammad (d. 1975) was born Elijah Robert Poole, in Sandersville, GA.  He was leader of the Nation of Islam (NOI) from 1934 until his death in 1975. He was a mentor to Malcolm X, Louis Farrakhan, and Muhammad Ali.
    1904 – Jack Chesbro of the New York Highlanders set a Major League record that still stands by winning his 41st game of the season, beating the Boston Americans, 3-2.
    1905 - Actor Andy Devine (d. 1977) was born in Flagstaff, AZ.  He was a character actor and comic cowboy sidekick to Roy Rogers and others, known for his distinctive, whiny voice.
    1905 – Meyer Levin (d. 1981) was born Chicago, Illinois. His 1956 novel, “Compulsion.” based on the Leopold and Loeb murder trial, earned him enough money to devote nearly the rest of his life to an epic saga of modern Israel. It took him 15 years and resulted in two big novels, “The Settlers” and “The Harvest.”
http://www.geocities.com/meyerdotcom/
http://us.imdb.com/name/nm0505670/
    1916 - Georgia Tech University defeated Cumberland 222-0, in the most lopsided college football game of all time.  Tech’s coach was John Heisman, after whom the Trophy is named.
    1919 – Dickie Kerr of the White Sox overcame errors by Swede Risberg and Happy Felsch to win Game Six of the World Series, 5-4.  Buck Weaver and Shoeless Joe Jackson combined for seven hits and Chick Gandil, another one of the eight "Black Sox,” singles in the winning run in the 10th inning. Kerr won his second game as the Sox now trailed the best-of-nine Series by a 4-2 margin.
    1924 - Louis Armstrong's first session with the Fletcher Henderson Orchestra.
    1925 - Birthday of drummer Alvin Stoller (d. 1992), New York City
    1936 – The Brooklyn Dodgers fired manager Casey Stengel.  Thirteen years later, Stengel was hired by the Yankees and led the team to five straight World Championships (1949-53) and 7 in 13 years.
    1940 - Artie Shaw's orchestra recorded Hoagy Carmichael's standard, "Stardust" -- for Victor Records.
    1942 - "TIME" magazine described "Command Performance," which debuted this day, as “...the best wartime program in radio.” The show was originally produced by the U.S. War Department in cooperation with Armed Forces Radio Services specifically for those in the military overseas. It continued until 1949 and was reprised for more than three decades in syndication. "Command Performance" was hosted by Bob Hope, Bing Crosby, Don Wilson and Harry Von Zell and featured just about every major Hollywood and Broadway star.
    1947 - Top Hits
“I Wish I Didn't Love You So” - Vaughn Monroe
“Feudin' and Fightin'” - Dorothy Shay
“I Wonder Who's Kissing Her Now” - Perry Como
“Smoke! Smoke! Smoke! (That Cigarette)” - Tex Williams
    1950 - U.S. forces invaded North Korea across the 38th parallel. The first tank crew to cross was a patrol of the 1st Cavalry Division that crossed into the Kaesong Area, about 85 miles south of the Communist capital of Pyonsang, at 3:14pm. The crew members were Sergeant Homer Lee of Evansville, IN, Private First Class James Emerich of Sutton, WV, Sergeant Walter Hill of Fairmont, ND, Sergeant Charles Gissendanner of Autaughville, AL, and Corporal Clarence Johnson of Taylorsville, NC.   The 38th parallel was the line of latitude that had divided North Korea from South Korea since the end of World War II.
    1950 - “The Frank Sinatra Show” premiered on TV. Singer Frank Sinatra's first series was a musical variety show featuring regulars Erin O'Brien and comic Ben Blue. However, during the last season, this show was cut from an hour to 30 minutes at it could not compete with “The Texaco Star Theater” with Milton Berle, the most popular TV show of the time.
    1955 - The religious drama 'Crossroads' first aired over ABC television. An anthology which dramatized true experiences of clergymen of all denominations, the program ran for two years.
http://www.tvtome.com/tvtome/servlet/EpisodeGuideSummary/showid-7969/season-all
    1955 - Top Hits
“Love is a Many-Splendored Thing” - The Four Aces
“Autumn Leaves” - Roger Williams
“Moments to Remember” - The Four Lads
“The Cattle Call” - Eddy Arnold
    1955 – Poet Allan Ginsberg performed his poem “Howl” for the first time at the Six Gallery in San Francisco.
    1956 - A U.S. House subcommittee began investigations of allegedly rigged TV quiz shows.
    1960 - "Route 66" premieres. Each week from 1960 through 1964, the “Route 66” television show came into the living rooms and dens of American homes. The series, written by Stirling Silliphant, tracked the adventures of two young men traveling down Route 66. The two drove from town to town along the route in a 1960 Chevrolet Corvette. The series, which lasted four seasons, shot a total of 116 episodes, 36 per year at 36 different locations every year. Before the “Route 66” show became history in 1964, the show compiled an incredible 20.1 average rating, making it one of the highest rated shows of that time. Originally starring George Maharis as Buz Murdock and Martin Milner as Tod Stiles, Maharis left the show in midseason to be replaced by Glenn Corbett as Linc Case. The stories centered around their travels on Route 66, working at odd jobs and helping people, searching for adventure. Jazz was played predominately as background music. The theme was written by Bobby Troupe and became a hit song again.
http://www.tvtome.com/Route66/
http://www.route66products.com/home.html
http://www.autobahn.mb.ca/~gardners/BobbyTroup.htm
    1963 - Top Hits
“Blue Velvet” - Bobby Vinton
“Be My Baby” - The Ronettes
“Sugar Shack” - Jimmy Gilmer & The Fireballs
“Abilene” - George Hamilton IV
    1964 – In their final World Series until 1976, the New York Yankees took on the St. Louis Cardinals.  This marked the 14th World Series in the past 16 years for the Yanks, a record of superiority unmatched in sports.  This was also their 29th Series appearance since 1923, a span of 42 years.
    1968 - The movie industry adopts a film ratings system for the first time. The initial ratings were G (for general audiences), M (for mature audiences), R (no one under 16 admitted without an adult), and X (no one under 16 admitted). 1990, the Motion Picture Association of America replaced the X rating with NC-17, after its Code and Ratings System Administration gave 10 mainstream films the X rating. NC-17 was designed to indicate a non-pornographic film with sexual content that might be inappropriate for viewers under 17.
    1973 - 40,000 football fans failed to use their pro-football tickets, opting instead to watch games on TV since legislation was signed lifting blackout rules of games. It was not soon after that the league re-introduced the “black out” rule if a game did not sell a certain percentage of tickets.
    1975 - Military service academies' enrollment of women was authored by an act of Congress,” to insure that female individuals shall be eligible for appointment and admission to the service academies beginning with appointments to such academy for class being inning in calendar year 1976.”
    1979 - The final day of the fall round up and trail drive for the Ninety-Six Ranch. The Ninety-Six lies along Martin Creek, a tributary of the Little Humboldt River in the upper section of Paradise Valley, Humboldt County, Nevada.
http://memory.loc.gov/ammem/today/oct07.html
    1982 – “Cats” opened on Broadway.  The longest-running production in Broadway history, “Cats” was based on a book of poetry by T.S. Eliot and had a score by Andrew Lloyd Webber. More than 10 million theatergoers saw the New York City production, which closed September 10, 2000 after 7,485 performances.  “Cats” was also produced in 30 other countries.
    1984 - Running back Walter Payton of the Chicago Bears broke two records held by Jim Brown in the same game. He passed the mark of 12,312 career rushing yards and rushed for 100 yards or more for the 58th time in his career as the Bears beat the New Orleans Saints, 20-7.
    1985 - Lynette Woodard, captain of the gold-medal-winning US basketball team of the 1984 Olympics was selected to be the first woman to play for the Harlem Globetrotters.
http://www.harlemglobetrotters.com/history/tl_1985.html
    1985 – The cruise ship “Achille Lauro” was hijacked by the PLO.
    1987 - Top Hits
“Didn't We Almost Have It All” - Whitney Houston
“Here I Go Again” - Whitesnake
“Lost in Emotion” - Lisa Lisa & Cult Jam
“You Again” - The Forester Sisters
    1988 - Robin Givens files for divorce after 8-month marriage to Mike Tyson
    1993 - Toni Morrison was awarded the Nobel Prize in literature. She was the first black woman to receive the award and one of America's most significant novelists of the twentieth century. She is the Author of six major Novels: "The Bluest Eye," "Sula," "Song of Solomon," "Tar Baby," "Beloved" and "Jazz." "Song of Solomon" won the National Book Critics Circle Award in 1977 and "Beloved" won the Pulitzer Prize in 1988.
    1996 – The Fox News Channel began broadcasting.
    1998 – Matthew Shepard, a gay student at the University of Wyoming was found tied to a fence after being savagely beaten by two young adults in Laramie.
    2001 - The Global War on Terrorism began as a result of the September 11 attacks. The US invasion of Afghanistan initiates with an air assault and covert operations on the ground.
    2003 - The governor of California, Gray Davis, was recalled.  It made
way for actor Arnold Schwarzenegger to become governor after a statewide election.
    2011 - Over 110 people are arrested in Queens, New York as part of the largest identity theft and retail crime ring in U.S. history.

World Series Champions
1933 - New York Giants
1935 - Detroit Tigers
1950 - New York Yankees
1952 - New York Yankees