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

Los Angeles, California
Documentation and Funding Coordinator

Minimum 2 years of experience in preparation
of loan or lease documents in equipment finance,
leasing, commercial banking or mortgage lending.
Join our team in providing a streamlined funding process.
Contact: Shervin S. Rashti, CLP
Direct: 213-599-7660
Maxim Commercial Capital is a commercial finance company committed to fostering the growth of small and middle market companies by providing creative and flexible asset-backed financing solutions

Thursday, September 5, 2013

Today's Equipment Leasing Headlines

Archives---September 5, 2007
 Bill Waddell resigns from Marlin Leasing
  Classified Ads---Sales
Scottrade Bank Equipment Finance
 Begins Lease and Loan Origination
  -- Hires Industry Veterans
   Channel Partners Ranked 390 in 500 Inc. List
     Classified Ads---Help Wanted
  New Hires—Promotions
Why I  Became a CLP
 Pete Sawyer, CLP, VP, Sun South Equipment Leasing
  Leasing Association Conference—Update
  Sample of Usury Laws in United States
   by Bill Phillips, Esq., Marks & Associates
     Loan/Leasing Regulations
      --- Update
  Innovative Lease Services Doubles Originations
   2012 vs. Previous Year
    Marlin Business Services Corp. Declares Special Dividend
 Despite Other Reports, Beige Says
  Lending "Weakened"
   Passion/the World's End
    Pain & Gain/From Up on Poppy Hill
     To Be or Not to Bee--Film/DVD Reviews
      by Fernando Croce
        Classified Ads
     Labrador Mix
      Saint Louis, Missouri Adopt-a-Dog
News Briefs---
 U.S. Auto Sales Gained in Double Digits in August
  (Leasing accounted for more than 27% of new-vehicle purchases)
   Element Financial closes $585 million senior revolving credit facility
    U.S. small business borrowing rises to six-year high
     FASB’s Investor Advisory Committee opposes leases proposal
      LinkedIn Raising $1 Billion, Will Invest in Infrastructure
       Delta orders 40 new Airbus jets
        Western Digital Expands, Updates Red NAS Hard Drives
         Jack Nicholson reportedly retires because of 'memory loss

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)

  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----

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Archives---September 5, 2007
Bill Waddell resigns from Marlin Leasing

Make that Dan Dyer is the only founder left at Marlin Business Services. Confirmed by three highly reliable sources, Bill Waddell, National Sales Manager, Broker Services Division, has resigned.

Waddell reportedly works from home and is rarely seen in the office. His main role, Leasing News is told is to build relationships with large accounts to get Marlin endorsed as the lessor of choice. He is one of the key founders who established the “corporate personality.”

He now joins the list:

Gary Shivers, former president of Marlin.
Gary Kester, former VP of credit services.
Mike Bennie, former VP in charge of broker services.
Mike Witt, former director of legal.
Mark King, former director of credit.
Brian Cornell, former director of sales.
John Forsyth, former jack of all trades.
(Sales, syndications, major accounts, etc.)
Marcel Gilbert, former VP of IT
(considered one of the best in the business)
Dominic Janney, former VP in charge of retail sales.
Tom Mancini, former VP in charge of copier sales and residuals.
Bill Waddell, National Sales Manager, Broker Service Division

Reminds one of the Agatha Christie movie, "And then there were none;” Agatha Christie tale of 10 people invited to an isolated place only to find that an unseen person is killing them one by one. Is Dan Dyer next to resign??? Remember, you read it first here at Leasing News.


Gary Shivers, President/CEO, Navitas Lease Corp.

Gary Kester, President, Latitude Equipment Leasing

Michael Bennie, President, FirstLease, Inc.

Michael J. Witt, Legal Counsel, Aviva USA Corporation/
Aviva Investors North America; Principal: Witt Law

Mark King, not known

Brian Cornell, Owner, Bear Mountain Leasing

John Forsyth, not known

Marcel Gilbert ,VP of Information Technology, Navitas Lease

Dominic Janney, National Accounts, Cannon

Thomas M, Mancini, Canon financial Services

Bill Waddell, Vice President-Sales Horizon Keystone Financial

Bookmark Leasing News



Classified Ads---Sales

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

Boston, Mass.
Accomplished Sales & Relationship Management Professional with business development experience in the financial services industry. Recognized by market leaders as industry expert in Professional Practice financing, as well as Residential Mortgage Lending. Keen insight and understanding of transaction process and financial requirements of customer. Proven record of exceeding sales goals.
Montgomery, AL
Individual with 10 years advertising sales exp. & 7 years insurance sales exp. Wants independent contractor situation in Alabama.
Work with leasing company or broker. 334-590-5133

Free Posting for those seeking employment in Leasing:

All “free” categories “job wanted” ads:


Scottrade Bank Equipment Finance
Begins Lease and Loan Origination
-- Hires Industry Veterans

January 17, 2013 Leasing Icon Fred Van Etten was named division president of Scottrade Bank Equipment Finance, Saint Louis, Missouri, a subsidiary of Scottrade Financial Services, Inc., where Scottrade, Inc. and Scottrade Bank are separate but affiliated companies. To date, he reports the division has already approved more than $120 million in equipment finance transactions.

Van Etten was formerly associated with Redstone Bank, one of the key partners in Sierra Cities sold to American Express, who served as president of Popular Equipment Finance, a subsidiary of Banco Popular N.A., until its assets were sold to TCF Equipment Finance, a subsidiary of TCF Financial, in 2009. Van Etten was with TCF from 2009 to 2012.

Wednesday, September 4, 2013, Scottrade Bank Equipment Finance opened its direct commercial financing line of products and its origination platform to expand lending capabilities nationwide.

The division of Scottrade Bank specializes in originating, structuring and syndicating commercial leases, loans and finance agreements for U.S. companies.

In starting this division, Van Etten hired industry veterans Jim Denning and Jourdan Saegusa. Both previously worked with him at Popular Equipment Finance, a subsidiary of Banco Popular N.A., until it sold to TCF Equipment Finance, a subsidiary of TCF Financial, in 2009. The three remained with TCF until joining Scottrade.

"Jim and Jourdan not only know the equipment leasing industry, their experience in working with clients to help their businesses grow is unparalleled," Van Etten said.

Jim Denning
Senior vice President
National Sales Manager

Denning, senior vice president and National Sales Manager, is responsible for all retail sales, developing industry verticals and growth of the origination platform. Previously he was vice-president, TCF equipment Finance (February, 2009-January, 2013), vice president, division head, Popular Equipment Finance (January, 2007-February, 2009), vice president, U.S. Bancorp Equipment Finance (January, 1994-January, 2007), account executive, LCA Leasing (January, 1993-January, 1994), area manager, AT&T Capital (January, 1991-January, 1993), President, Asher Capital Corporation (January, 1987-January, 1991), account executive, Bankers Leasing corporation (January, 1985-January, 1987)

Jourdan Saegusa
Senior Vice President
Corporate Development

Saegusa, senior vice president of Corporate Development, is responsible for all capital market and operational functions for Scottrade Bank Equipment Finance. Previously he was v.p., capital markets, TCF Equipment Finance (February, 2009-January, 2013), v.p. of sales, Popular Equipment Finance (September, 2008-February, 2009), manager, acquisition 7 syndications, Popular Equipment Finance (2006-September, 2008), senior business development office, Popular Leasing (August,2005-January, 2006), VP of Sales, TEAM Equipment Leasing (September, 1999-August, 2005), director of product sales, sunset direct (1997-1999), account executive, Amherst (1996-1997), corporate sales manager Computize (1994-1996).

"As businesses continue to rebound from the turbulent economic climate, owners are beginning to expand their financing capabilities," said Fred Van Etten, president of Scottrade Bank Equipment Finance. "We are more than just a lender, we're a business partner financing their ambition."


(paid advertisement)


New Hires—Promotions

David Gee appointed Regional sales Manager at Creekridge Capital, Edina, Minnesota,"...responsible for growing healthcare vendor programs within the south central region including New Mexico, Texas, Oklahoma, Arkansas, Mississippi and Louisiana. Gee will work out of Creekridge’s Texas office. Previously he was a consultant for C6R (2011-August, 2013), financial service sales, Mainline Information systems (2006-2011), account executive, Alliance HealthCare Services (2004-2006), account executive, Bancvue (BancLeasing) (2001-2004), owner/investor, residential real estate in DFW area (1999-2001), sales, Solarcom (1999), senior sale executive, GTEX Financial Group/ETEC Network Services (1989-1999) The University of Texas at Dallas - School of Management, BSBA, Finance (1989) Texas Tech University. Southern Methodist University - Central University Library Executive Board, Board Member - Two terms (1998 – 2003),Stewpot (1996 – 1999),Buckner Children’s Home - Annual Fundraiser (1995 – 1997).


Leasing Industry Help Wanted

Los Angeles, California
Documentation and Funding Coordinator

Minimum 2 years of experience in preparation
of loan or lease documents in equipment finance,
leasing, commercial banking or mortgage lending.
Join our team in providing a streamlined funding process.
Contact: Shervin S. Rashti, CLP
Direct: 213-599-7660
Maxim Commercial Capital is a commercial finance company committed to fostering the growth of small and middle market companies by providing creative and flexible asset-backed financing solutions


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

Please see our Job Wanted section for possible new employees.  



Why I Became a CLP

Pete Sawyer, CLP
Vice President
Sun South Equipment Leasing, Inc.

After numerous years in the finance and leasing business, obtaining a Certified Leasing Professional designation was the next logical step in my leasing career.  In the mid 1990’s, I attended many United Association of Equipment Leasing events and learned what the CLP is and the importance of being a part of this group.  I have found that becoming a CLP is the best way to learn more about the leasing and finance industry and show support for the industry.  In 1998, I went to Chicago to the review class conducted by Johnny Johnson and earned my Certified Lease Professional designation.

With this designation, our industry recognizes you as a dedicated professional to the field of leasing upholding the Standards of Professional Conduct.  As others have mentioned in this series, it is a way to stand out in the “leasing crowd”.

Although I do not have specific evidence for this, I am confident having this designation has brought transactions to Sun South some of which closed. On occasion, clients will ask me what CLP means.  This gives me an opportunity to explain this designation and describe the value it brings to them as a customer. 

I recently joined the CLP Foundation Board of Directors and am excited about what is happening.  The Foundation has worked hard to grow with its continued relationships with NAELB and NEFA, offering test preparation courses and testing dates concurrent with conference meetings.  The CLP Handbook is available at a small price to study for the exam and with the convenient test dates, there should be no excuse for the dedicated leasing industry veteran not to earn their Certified Leasing Professional designation. 

The fourth edition has new chapters on Agriculture and Insurance with expanded sections on Lease Pricing and Asset Management - Collections. The History, Classification and Tax and Accounting chapters have also been updated to reflect the pending changes in the FASB and IASB Exposure Draft. Whether you’re a college student, entry level leasing associate, or an old pro, this book is an invaluable resource.

(To learn more about the CLP Handbook)

CLPs in Good Standing

Why I Became a CLP series:

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)



Leasing Association Conference—Update


Canadian Finance &
Leasing Association
September 18-20
Marriott Halifax
Harbourfront, Halifax


294 Registered to Attend



September 27-28, 2013
2013 NAELB Western Regional
Irvine, California


Western Regional Exhibitors
360 Equipment Finance
Allegiant Partners Incorporated
Amerisource Funding, Inc.
Axis Capital, Inc.
Blue Bridge Financial, LLC
Bryn Mawr Funding
BSB Leasing, Inc.
Channel Partners LLC
CLP Foundation
Dakota Financial, LLC
Financial Pacific Leasing
Maxim Commercial Capital, LLC
Merchant Cash & Capital, LLC
PacTrust Bank
Pawnee Leasing Corporation
Preferred Business Solutions
Quail Capital
Quiktrak, Inc.
RLC Funding
TEAM Funding Solutions
Tetra Financial Group
Varilease Finance, Inc

Member Registration

The deadline for the NAELB group rate of $109 at the Hyatt Regency Irvine is September 12, 2013. Call (888) 421-1442, or click here



2013 Funding Symposium

October 10-13
Nashville Marriott
at Vanderbilt University
Nashville, Tennessee

180 Registered to Date




Conference Pricing


October 10-11
2013 Annual Convention
Rome, Italy.




October 20-22
ELFA 52nd Annual Convention
JW Marriott Grande Lakes-Orlando, Florida

Video: President and CEO Woody Sutton invites you to "Adapt, Innovate and Win"
at the 52nd ELFA Annual Convention in Orlando in October

Register by Tuesday, October 8, 2013,
to be included in the printed Attendee Roster that is distributed on-site
Click here

List of Exhibitors
(as of 8/21/13)

American Lease Insurance
Aviarc Inc.
Belmont Technology Remarketing
Cassiopae Inc.
CHP Consulting
Corporation Service Company
D + H
DEKRA North American
ECS Financial Services, Inc.
EquipmentEngine Financial Services Company, LLC
Great American Insurance
GreatAmerica Financial Services
IBISWorld, Inc.
International Decision Systems
Ivory Consulting Corporation
LeaseTeam, Inc.
Linedata Lending + Leasing
Liquidity Services, Inc.
Monitor /
NetSol Technologies
Odessa Technologies, Inc.
OSG Billing Services
Paynet, Inc.
Promontory Interfinancial Network
Pricewaterhousecoopers LLP
Sword Apak
Vision Commerce, Inc.
White Clarke Group


What People are Saying about ELFA Conferences

November 1-2, 2013
2013 Eastern Regional
Nashville, Tennessee


November 6-8, 2013
Boca Raton Resort Club, Boca Raton, FL


Commercial Finance Association
69th Annual Convention
November 13 - 15
JW Marriott Los Angeles at L.A. LIVE
Los Angeles, CA

Schedule of Activities

Standard Registration Fees
(Saturday, August 31, 2013 – Friday, November 8, 2013)
Member: $1,295
Non-member: $1,895

On-site Registration Fees
(After Friday, November 8, 2013)
Member: $1,395
Non-member: $1,995





Sample of Usury Laws in United States
by Bill Phillips, Esq.
Marks & Associates

These states are particularly troublesome where usury
and licensing are concerned:

California: Willful violation of the finance lender licensing laws is punishable by a fine of up to $10,000 and imprisonment for up to one year. Violators can be subject to a civil penalty of $2,500 per violation.

Colorado: Charging over 45% interest is a felony and carries a minimum one year prison sentence and a fine of $1,000.00.

Florida: Charging an interest rate exceeding 25% is a second degree misdemeanor and charging an interest rate exceeding 45% is a third degree felony.

Kentucky: Failure to obtain the loan license when necessary is a misdemeanor. The statute also provides that any loan contract made in violation of this statute shall be void and the lender shall have no right to collect any principal, charges or recompense whatsoever.”

Maryland: Failure to obtain a required lending license is a misdemeanor subject to fines and/or imprisonment not exceeding 3 years.

Massachusetts: The criminal usury rate is 20%. Violation of the criminal usury statute is punished by imprisonment in the state prison for not more than ten years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment.

Michigan: Any person guilty of criminal usury may be imprisoned for up to 5 years and/or fined up to $10,000.00. Possession of usurious loan records may also result in imprisonment and a fine. If the borrower is a “business entity” but the lender is not a bank, credit union or similar institution, the maximum interest rate is 25% and that rate is subject to criminal penalties.

Minnesota: Any person who violates the loan licensing statute is guilty of a “gross misdemeanor” and loans made without a license are void. The borrower is not liable to pay any amount under the loan and can obtain a refund of any money paid on the loan.

Montana: Persons who fail to obtain a necessary license for the purchase of installment sale contracts are guilty of a misdemeanor and punishable by a fine and/or imprisonment.

New Jersey: In addition to its civil usury rates New Jersey’s criminal usury rates are: (a) 50% for to loans to corporations, limited liability companies and limited liability partnerships; and (b) 30% to other borrowers Violation of criminal usury laws subjects the lending party to criminal usury liability and a fine up to $250,000.

Rhode Island: The maximum interest rate any entity may charge may not exceed the greater of 21% per annum or 9% above a published index. Violation of the usury statute can result in forfeiture of the entire principal and interest and imprisonment for not more than five years.

Tennessee: Tennessee’s usury rate is a variable published “formula rate”. The willful collection of usury is a misdemeanor punishable by up to eleven (11) months, twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both.

State usury and licensing laws differ significantly from state to state. These are just a few examples. Your transactions may not be impacted by the laws referenced above even if you have customers in these states. Factors include your type of financing product, interest rate, type of customers, size of transactions, collateral and whether you are a bank, credit union, unaffiliated financing company or broker.

It is important to understand the risks as well as the rewards of entering into a transaction in a new state.






Loan/Lease Regulations --- Update

While there is a conception that equipment leasing is not licensed, it is not quite true. Most states have license requirements, and all have issues on usury, requiring a sales/use tax permit, corporation filing to do business in a state, as well as many states have personal property license requirements from the owner of the equipment.

It is true that there are no state or national associations that regulate the industry as banks and other financial institutions or accountants, attorneys, realtors, to name a few. The closest may be the Certified Leasing Professional Foundation where they are 200 individuals that have passed a test, an annual test, and abide by a set of rules and regulations.

In most states, banks are not required to have a leasing license as well as manufacturers. Banks are generally exempt because they are regulated by the FDIC.

The common thread among licensing statutes is that if the entity which should otherwise have a license, is licensed by another government agency (real estate brokers is one example), then no license is required.

An expert on this who has won cases against company’s not licensed in California, notably CMC Commercial Credit, Tom McCurnin, Barton, Klugman & Oetting, Los Angeles, California told Leasing News: “A property owner can sell his property on credit without a license or without usury issues.  Its called the Time Price Doctrine or Time Price Differential.

“CIT on the other hand doesn't own the stuff and is therefore making a loan and is required to have a license. 

“A gray area might be for the leasing company to buy the stuff and have it shipped to them, and they, in turn re-ships to the customer.  May not be required to have a license.  Simple invoices and drop shipping probably would not pass muster.”

Captive Lessors are required to have a license, and all those that I checked do, such as Dell, who also sells other products than the ones they manufacture. 

And while there are financial institutions that also have a bank, such as CIT, they hold a license.

In California, those engaged in true leases, such as Mar Vista, address, do not need to be licensed, but everyone who is involved in “capital leases” with a bargain purchase option, particularly a dollar, are required to be licensed. Without it, they may not accept a commission, engage with a licensed financial institution, and may find their leases in court dismissed for lack of a license. While the fines are not very much, the clout comes in immediate suspension from doing business in California, and while a hearing may be required or filed by an attorney, they may not engage in business during this time.

“NO BROKERAGE COMMISSIONS TO UNLICENSED BROKERS. California Administrative Code Title 10 §1451.”

Commissions may not be paid to unlicensed brokers. There are companies who use other companies’ documents and therefore believe they do not need to be licensed. This may be accurate in dealing with a bank, but not with another licensed financial institution or financial institution out of state that is not licensed in California.

If you are registered by license as a broker, lender, lessor in states that require it, you do not need a city business license (in most states). Cities that require a business license, also require a business license if you work out of your residence. Many cities now are using Schedule C from tax returns, such as in San Jose, California, to catch those without a city license, and they will go back several years as well as a fine, so best to get a license now in case they check your city.

While not all states require a lender's license, many require a license to accept a deposit or advance rental. And remember, a capital lease may be considered a loan as it is with the IRS in many states. If the state requires a license, and your company is not licensed, the transaction may be subject to usury laws.

46 states do not require the lessor to notify the lessee regarding the end of the original term of the lease and can invoke an Evergreen clause, except in these states that do require notification and if not, can void the residual as well as bring on a fine or worse, depending on the number of such transactions and complaints received.

States who require notification: 
New York 
Rhode Island 
(In Illinois, Consumer law, but may affect commercial, especially a proprietorship, partnership or personal guarantee)

--Christopher Menkin

---Current Regulations
(Any up-dates or additions, please send

Arizona: All "advance fee loan brokers" must register annually with the state. Includes "commitment fees." Stiff penalty and on line form for a complaint for the state to investigate. Arizona Revised Statutes, sec. 06-1303-1310 (1996)
Registration process:

Arkansas: All brokers of "a loan of money, a credit card or a line of credit" may not assess or collect an advance fee. In addition, all brokers must register with the Securities Commissioner, post a surety bond of $25.000 and have a net worth of $25,000.
Arkansas Code Annotate sec. 23-39-401 (1995)

California: "In addition to the lending authority provided by the law, the California Finance Lenders Law provides limited brokering authority. A "broker" is defined in the law as "any person engaged in the business of negotiating or performing any act as broker in connection with loans*made by a finance lender." Brokers licensed under this law may only broker loans to lenders that hold a California Finance Lenders license." 
(*any transaction that is not a true rent or meets the accounting and tax rules or is re-sold as a loan or discount or has a nominal purchase option is considered under this nomenclature. ) (2)

Florida: Brokers of a "loan of money, a credit card, line of credit or related guarantee, enhancement or collateral of any nature" may not assess or collect an advance fee. 
Florida Statues, Chapter 687.14 (1992)

Georgia: A broker of "loans of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee unless such fee is for "actual services necessary to apply for the loan." Official Code of Georgia Annotated, sec. 7- 7-1 (1992)

Idaho: No fee may be collected unless a loan is actually made. 
Idaho Code, sec. 26-2501 (1992) Illinois: Code, 815 ILCS 175/15-5.03 Under the Act, a" loan broker" means any person who, in return for a fee from any person, promises to procure a loan for any person or assist any person in procuring a loan from any third party, or who promises to consider whether or not to make a loan to any person. 815ILCS 175/15-5- 15(a) 
Specifically excluded from the application of the Act, however, are (1) any bank …regulated by any service loans for the Federal National Mortgage Association… (3) any insurance producer or company authorized to do business in [Illinois], (4) any person arranging financing for the sale of the person's product, (note that this exception does not apply to any person selling someone else's product and only applies to "the" person's product, implying the exception is for the owner of the product arranging for financing), (5) any person authorized to conduct business under the Residential Mortgage License Act of 1987 and (6) any person authorized to do business in [Illinois] and regulated by the Department of Financial Institutions or the Office of Banks and Real Estate. "In the event that the Act is violated by the broker, the Secretary of State is empowered by the statute to make investigations and examinations, suspend or evoke the broker's approval, subpoena witnesses, compel the production of books and records, order depositions and obtain temporary restraining orders and injunctions against the broker. In the vent that a violate is found, the Secretary of State may impose a fine in the amount of $10,000 for each violation and the broker shall be liable to any person damaged in the amount of tactual damages plus attorney’s fees." This appears as standard language on most states.

Idaho: No fee may be collected unless a loan is actually made. 
Idaho Code, sec. 26-2501 (1992)

Illinois: Code, 815 ILCS 175/15-5.03 Under the Act, a" loan broker" means any person who, in return for a fee from any person, promises to procure a loan for any person or assist any person in procuring a loan from any third party, or who promises to consider whether or not to make a loan to any person. 815ILCS 175/15-5- 15(a) specifically excluded from the application of the Act, however, are (1) any bank …regulated by any service loans for the Federal National Mortgage Association… (3) any insurance producer or company authorized to do business in [Illinois], (4) any person arranging financing for the sale of the person's product, (note that this exception does not apply to any person selling someone else's product and only applies to "the" person's product, implying the exception is for the owner of the product arranging for financing), (5) any person authorized to conduct business under the Residential Mortgage License Act of 1987 and (6) any person authorized to do business in [Illinois] and regulated by the Department of Financial Institutions or the Office of Banks and Real Estate. "In the event that the Act is violated by the broker, the Secretary of State is empowered by the statute to make investigations and examinations, suspend or revoke the broker's approval, subpoena witnesses, compel the production of books and records, order depositions and obtain temporary restraining orders and injunctions against the broker. In the vent that a violate is found, the Secretary of State may impose a fine in the amount of $10,000 for each violation and the broker shall be liable to any person damaged in the amount of tactual damages plus attorneys’ fees." This appears as standard language on most states.

Iowa: A broker of loans of "money or property" may not assess or collect an advance fee except for a "bona fide third-party fee" and a broker must obtain a bond or establish a trust account and file required documents with the Commissioner or Insurance.
Iowa Code, sec. 535C (19920)

Kansas : Broker is not exempt. Discounter or Lessor is exempt: " 'Creditor' means any person to whom a loan is initially payable on the face of the note or contract evidencing the loan" is exempt. Anyone who earns a fee or accept a deposit, except a bank, financial institution, discounter or lessor, must be registered.

Kentucky: Brokers of "a loan of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee. 
Kentucky Revised Statutes Annotated, sec. 367.380 (1992)

Louisiana: A broker of loans of "money or property…whether such agreement is styled as a loan, a lease or otherwise" must obtain a surety bond or establish a trust account in the amount of $25,000. A broker may not collect an advance fee but may collect an "advance expense deposit for commercial loans" only for actual expenses incurred in obtaining the loan. Louisiana Revised Statutes Annotated, sec. 9:3574 (1993); Louisiana Revised Statutes Annotated, Sec. 51:1910 (1992)

Maine: No license required: "the regulation of commercial loan brokers does not fall under the jurisdiction of the Maine Bureau of Consumer Credit Protection. Transactions involving two businesses are legal/contractual in nature. Therefore, disputes involving a commercial loan between a business and commercial loan provider or broker must be settled in the court system."

Mississippi: A broker or loans of money may not assess or collect an advance fee and can be fined up to $5,000 for each violation. Mississippi Code Annotated, sec. 81-19-17 (1997)

Missouri: A broker of loans of "money or property" may not assess or collect an advance fee. Missouri Revised Statues, sec. 367 300 (19920

Nebraska: A broker of loans of money may not assess or collect an advance fee. Nebraska Revised Statutes, sec. 45-189 (1993)

New Jersey: Brokers of "loans of money" may not assess or collect an advance fee. 
New Jersey Rev. Statutes, sec. 17:10B (1992)

New Mexico: New Mexico currently requires Brokers/Lessors to register for Licensing under the NM Mortgage loan Company or Loan Broker Act with the Financial Institutions Division of the State of New Mexico. Banks with Brick and Mortar within the State of New Mexico are exempt. Prior to licensing applicants must submit the Following: 
Articles of Incorporation 
Listing of all principals (including management) 
A full financial Package (to meet their minimum requirements of liquidity) 
Personal financial statements on all principals 
Disclosure of all current or past suits (civil or criminal) 
Attach a corporate surety bond 
Include a $400.00 registration fee renewable yearly

North Carolina: A broker of "loans of money or property…whether such agreement is styled as a loan, a lease or otherwise" must obtain a surety bond or establish a trust account in the amount of $25,000 and obtain a license. North Carolina General Statutes, sec. 66-106 (1992)

North Dakota: Brokers may not accept an advance fee unless the broker is licensed. North Dakota Century Code, 13-04. 1-09.1 (1993) Ohio: Department of Commerce, Division of Financial Institutions

(Certificate to engage in the business of a credit services organization in accordance with the provisions of Sections 4712.01 to 4712.14 of the revised code of Ohio, subject to all the provisions thereof and to the regulations of the division.) Ohio Department of Taxation requires a "Vendor's License" under provision 5739.17 of the Revised Code ( hereby authorized to sell tangible personal property and selected services at the retail location specified below.) This also makes the lessor responsible for all taxes with penalties for not doing so.

South Carolina: A broker of "a loan of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee. South Carolina Code Annotated, sec. 34-36-10 91992)

South Dakota: Money Lending License
Required for individuals or corporations to engage in the business of lending money, including creating and holding or purchasing and acquiring any installment loan ("Capital Lease" or EFA), single pay loan, or open-end loan which may be unsecured or secured by personal property. Requires filing a surety bond application. State and national banks, bank holding companies, other federally insured financial institutions, and the subsidiaries of those institutions are exempt from licensure. In addition, SD chartered trust companies are exempt from licensure. Any individual or corporation holding this license is required to pay the bank franchise tax. 
Duration: 1 year 
Cost: Application $600

Vermont: Commercial Loans
Commercial loan license would apply to EFA and "Capital Leases." Exemptions include transactions over $1 million, and brokers who do not engage in transactions more than $50,000 in one year at rates not exceeding 12 percent per annum.

John Kenny Receivables Management

• End of Lease Negotiations & Enforcement• Fraud Investigations
• Credit Investigations • Asset Searches 
• Skip-tracing • Third-party Commercial Collections | ph 315-866-1167|

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


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

Innovative Lease Services Doubles Originations
2012 vs. Previous Year

Resurgence in demand for Capital and Financing from Small Businesses provide opportunity for Private Lenders

CARLSBAD, Calif., -- Innovative Lease Services, Inc. (ILS) announces they have reached a milestone and have surpassed their 1,500th customer in 2013 with processed applicant requests in excess of $95 million in Small Business Equipment Financing and Working Capital, doubling figures from the previous year.

The year over year growth is in excess of 100% and cements the overall sense of confidence returning to the marketplace, at least on part for small business Owners. Since the onset of the Great Recession, ILS has become a Leader in the commercial lending market-place by helping to fill the void left by Banks slashing their lending to small businesses.

Andrew Nere, CEO

"With small business owners feeling more confident in the economic recovery, we have seen a marked increase in overall applications and originations, Andrew Nere, CEO, said. “In addition to the business owner who is replacing worn equipment and/or adding capacity, we have also seen an increase in Working Capital requests. Of particular note is the fact that approximately 40% of our applicants this year are new business start-ups seeking financing to begin operations. "

To accommodate the growth, ILS is moving into a new facility in October of 2013 and will be immediately adding the necessary staff, including financing professionals, documentation & funding managers, and administration personnel. With the increase in capacity from the expansion, ILS projects servicing a total of over 2,500 customers and processing over $150 Million in Small Business requests by the following quarter.

Innovative Lease Services, Inc. (ILS), founded in 1986 and headquartered in Carlsbad, California is a leading provider of Commercial Equipment Financing for businesses in all 50 states. ILS specializes in Equipment Leasing, Equipment Financing and Working Capital to small and mid-sized businesses in all 50 states and Canada. ILS is accredited by the Better Business Bureau (BBB), and are longstanding members of the National Equipment Finance Association (NEFA) and the National Association of Equipment Leasing Brokers (NAELB) organizations.

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

Marlin Business Services Corp. Declares Special Dividend

Mount Laurel, NJ, – Marlin Business Services Corp. (NASDAQ: MRLN) today announced that its Board of Directors has authorized the declaration of a special dividend of $2.00 per share. The special dividend is payable on September 26, 2013 to shareholders of record as of September 16, 2013. The Company’s Board does not expect the special dividend to affect the payment of the regular quarterly dividends, which remain subject to Board approval.

“Marlin’s strong operating performance has put the Company in a position to return excess capital to our shareholders while still maintaining a strong capital position to support our strategic plan. It is also in keeping with our ongoing commitment to prudently manage capital and total shareholder return,” says Daniel P. Dyer, co-founder and Chief Executive Officer.

“Along with the Company’s regular quarterly dividend, the Company also maintains a stock repurchase program. The payment of cash dividends, along with the stock repurchase program, reflects the Company’s commitment to our shareholders and the Board’s confidence in the Company’s business strategy,” says Mr. Dyer.

About Marlin Business Services Corp.
Marlin Business Services Corp. is a nationwide provider of innovative equipment financing solutions for small and mid-size businesses. Since its inception in 1997, Marlin has financed a wide array of commercial equipment and software for a quarter of a million business customers. Marlin’s mission is to offer convenient and cost-effective financing products while providing the highest level of customer service. Marlin is publicly traded (Nasdaq: MRLN) and owns and operates a federally regulated commercial bank, Marlin Business Bank. For more information, visit or call toll free at (888) 479-9111

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

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

Despite Other Reports, Beige Says
Lending "Weakened"

Lending activity weakened a bit, and several Districts reported less-favorable conditions than in the preceding reporting period. Most Districts indicated no better than modest growth. Loan growth in the Atlanta, Chicago, St. Louis, and San Francisco Districts was slower than in the previous reporting period. Kansas City reported a decline in lending, reversing slight growth earlier in the summer. Several Districts characterized business lending as largely flat. Chicago reported that recent interest rate increases likely were depressing commercial investment. However, Kansas City noted that expectations for better economic conditions and stronger profit growth had offset any effects of rate increases on business loan demand.

Demand for mortgage refinance loans declined in the New York, Philadelphia, Cleveland, and Richmond Districts. By contrast, purchase mortgage lending continued to grow moderately in most Districts, although San Francisco noted that applications have dropped a bit in some areas of that District. In the Atlanta District, increases in home values generated a surge in second mortgages, and Philadelphia and Cleveland reported modest increases in demand for home equity lines of credit.

Lending standards were largely unchanged, while credit quality improved. Reports indicated little change in standards across all lending categories. However, a few Districts commented that stiff competition for high-quality commercial borrowers was eroding loan volumes at banks that maintained prudent interest rates and terms. New York reported widespread declines in delinquency rates, especially for consumer loans and home mortgages, while Philadelphia, Cleveland, Richmond, and Kansas City all reported general improvement in loan quality.

Reports from the twelve Federal Reserve Districts suggest that national economic activity continued to expand at a modest to moderate pace during the reporting period of early July through late August. Eight Districts characterized growth as moderate; of the remaining four, Boston, Atlanta, and San Francisco reported modest growth, and Chicago indicated activity had improved. Consumer spending rose in most Districts, reflecting, in part, strong demand for automobiles and housing-related goods. Activity in the travel and tourism sector expanded in most areas. Demand for nonfinancial services, including professional and transportation services, increased slightly on net. Manufacturing activity expanded modestly. Residential real estate activity increased moderately in most Districts, and demand for nonresidential real estate gained overall. Lending activity was mixed.


New York






St. Louis


Kansas City


San Francisco

Full Report


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

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



Fernando's View
By Fernando F. Croc

A pair of giddy new releases ("Passion," "The World's End") is complemented on DVD by dark comedy ("Pain & Gain"), gentle animation ("From Up on Poppy Hill"), and audacious classics ("To Be or Not to Be").

In Theaters:

Passion (Entertainment One): The screen's great bad boy, director Brian De Palma ("Carrie," "The Untouchables") is in provocative top form in this gorgeous, twisty new thriller. Set at a vast European advertisement agency, the slippery narrative chronicles the manipulative power plays between two women, ruthless office honcho Christine (Rachel McAdams) and her protégée, the deceptively mousy Isabelle (Noomi Rapace). Hoping for greater opportunities, Isabelle puts up with her boss' humiliating machinations. When Christine steps over the line and steals her new product, however, not even murder is off limits for these characters. Amply showcasing the sly sense of humor, dazzling camera technique and exhilarating love of cinema that's made him a favorite of many a movie buff, De Palma serves up a delicious cinematic ride.

The World's End (Focus Features): Nearly a decade after they made a splash with the cult favorite "Shaun of the Dead," director Edgar Wright and actors Simon Pegg and Nick Front are up to more apocalyptic fun with this hugely entertaining horror-comedy. Pegg and Frost star as Gary and Andy, part of a gang of friends determined to recreate an epic drinking marathon from their younger days. Rushing from pub to pub, they relive old memories while raucously aiming for the famed World's End tavern. It's not long, however, before they notice something awfully peculiar about the town dwellers. Can it be that their nostalgic bender will become a fight for humanity itself? Overflowing with jokes and action, this is one of the season's most surprising and rollicking releases.

Netflix Tip: An actress capable of both fragility and intensity, Julie Harris (1925-2013) graced many a movie with her unique presence. Check her out in classics like "East of Eden" (1955), "I Am a Camera" (1955), "The Haunting" (1963), and "Reflections in a Golden Eye" (1967).


Pain & Gain (Paramount): Best known for special-effects extravaganzas like "Pearl Harbor" and "Transformers," blockbuster maven Michael Bay scales down his scope without reducing his distinctive visual exuberance in this outrageous black comedy. Based on an incredible real-life story, the plot follows a trio of Miami bodybuilders whose dreams of fabulous wealth lead them to crime. Daniel Lugo (Mark Wahlberg) is the not-too-bright leader, with ex-con Paul (Dwayne Johnson) and steroids-recovering Adrian (Anthony Mackie) following suit as the three musclemen get involved in a kidnapping and extortion plot involving a millionaire (Tony Shalhoub). Their scheme goes wrong in just about every possible way, with unpredictable consequences ahead. By turns shocking and hilarious, Bay's movie holds a cracked mirror to our culture's obsession with success at all costs.

From Up on Poppy Hill (Cinedignm): Japanese studio Ghibli continues to release quality animation with this breezy, charming tale directed by Goro Miyazaki, the son of animation master Hayao Miyazaki ("Spirited Away"). Taking place at a seaside school in the early 1960s, the story centers on Umi (voiced by Sarah Bolger), a teenage girl who wards off her lonely through poetry and a crush on a classmate named Shun (Anton Yelchin). While the staid community eagerly awaits the arrival of the Olympic Games, the young characters face their own feelings regarding the past vanishing in the face of changing times. Though there's comparatively little of the fantasy usually associated with Japanese animation, this modest coming-of-age fable is nevertheless just as charming and affecting as the studio's fanciful efforts, suggesting a sense of wonder that emanates from life's everyday details.

To Be or Not to Be (Criterion): Known for his grace and wit, legendary golden-age filmmaker Ernst Lubitsch faces the ultimate evil in this extraordinary comedy-drama from 1942. Set during the Nazi invasion of Poland, the story centers on a troupe of theater performers, led by Joseph Tura (Jack Benny) and his wife Maria (screwball star Carole Lombard in her last role), who are forced to bring down the curtain on their Shakespearean plays as well as on their country. With the help of an American flyer (Robert Stack), however, Joseph and the actors come up with a daring plan to replace a German spy, putting their acting chops to a deadly test. An astonishing balancing act of humor and suspense, this is a masterpiece worthy of its classic status.



Operations / Remarketing / Repossessions

Operations: Houston, TX
Silverlake Inspections LLC is an independent contracting company for real estate and equipment verification with pictures. 
Operations: Portland , OR
Portfolio Financial Servicing Company provides state of the art portfolio servicing for portfolios of all sizes. 800-547-4905
Operations: Roseburg, OR 
Tired of paying a full time documentation person? Try outsourcing. Ideal for anywhere in the USA. E-mail or Call Trina Drury
541-673-4116 or 541-784-7973.
Repossessions: Southern California (except San Diego).
Full service repossession agency. All vehicles, big rigs, boats, heavy equipment and machinery. Licensed and insured 818-786-7376.
Repossessions: Canada 
Cease Bailiff Services Incorporated:
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Remarketing: Los Angeles, CA
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We pay cash / 3 million in buying power /Quick Quotes
UBG 800-570-5224

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Labrador Mix
Saint Louis, Missouri Adopt-a-Dog

50 lbs.
Age: 5 1/2 years

Poor Kathleen had it kinda rough before coming to Stray Rescue. She was found under a dilapidated porch with her tiny babies. She was so scared. It took us several hours and lots of chicken livers before she went into our humane trap. Once inside the trap it was time to get the puppies. That in itself was quite an ordeal. But well worth it. All Kathleen's puppies have been adopted but she had to wait. She was still too scared of people to go to a home. Although she's still shy, she is slowly but surely making progress.

She is now in a foster home with other well socialized dogs and she is very quickly learning from them how to be a house dog. She is starting to take treats from her foster parents and is learning that it is good to curl up on the "dog" chair. She follows her foster sisters and brother out into her foster's fenced yard and after taking care of business, she comes back into the house and curls up onto her bed. She is getting better about walking on a leash, and coming to her foster parents when they call her.

She still needs a home with a lot of patience and love and at least one other well-adjusted dog to help her continue her progress. If you would like to meet Kathleen please fill out one of the online applications and we'll be in touch.

**Please note that Kathleen is in a foster home and not at our shelter**

Stray Rescue of St. Louis
2320 Pine St
St. Louis, MO 63103-2219
Adoption application

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

Adopt a Pet



News Briefs----

U.S. Auto Sales Gained in Double Digits in August
(leasing accounted for more than 27% of new-vehicle purchases)

Element Financial closes $585 million senior revolving credit facility

U.S. small business borrowing rises to six-year high

FASB’s Investor Advisory Committee opposes leases proposal

LinkedIn Raising $1 Billion, Will Invest in Infrastructure

Delta orders 40 new Airbus jets

Western Digital Expands, Updates Red NAS Hard Drives

Jack Nicholson reportedly retires because of 'memory loss'



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The Inside Story of Microsoft’s Nokia Purchase



SparkPeople--Live Healthier and Longer

Spark Diet


Baseball Poem

Baseball Poem

    whiskey moon

frank says the full moon
is for whiskey,
spits tobacco to punctuate
his short sentences,
hours sipping, replaying
his career in slow motion,
oiling the first baseman's mitt,
then spreading it carefully
to catch the milky light,
frank says it softens the leather,
I say it embalms the memory.

from Tim Peeler, from his book
"Touching All the Bases." He has given us permission
to reproduce them.

These come from a soft cover 128 pages
with index published by
( they take two weeks to send, but you are helping
He is a unique American poet.
He lives in Hickory, North Carolina.




Sports Briefs----

Poole: Colin Kaepernick still has a lot to prove

Roadshow: Parking at new 49ers stadium will be expensive

Revis spills the beans on Jets


California Nuts Briefs---

Bay Bridge: Drivers, cyclists take to 'awesome' new span

Drakes Bay Oyster Co. loses bid to stay open in ruling by 9th U.S. Circuit Court of Appeals



“Gimme that Wine”

50 Million Case Wine Opportunity?

New American Wine Consumer Coalition serves as advocate

The top 10 most expensive wines

China's burgeoning wine industry

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Winery Atlas\

Leasing News Wine & Spirits Page


This Day in History

         1664 - After days of negotiation, the Dutch settlement of New Amsterdam surrendered to the British, who would rename it New York. The citizens of New Amsterdam petitioned Peter Stuyvesant to surrender to the English.
    1692-The first divinity degree conferred in the American colonies was given to Increase Mather, sixth president of Harvard College. Mather received a Doctor of Divinity degree from Harvard under a new charter just granted by William and Mary, the English sovereigns.
    1774- The first assembly of this fore­runner of the US Congress took place at Carpenters' Hall, Philadelphia, PA. Pey­ton Randolph, delegate from Virginia, was elected president. The participants were 44 delegates from 11 colonies. Delegates from Georgia and North Carolina did not attend until later sessions. The Congress adjourned on October 26, 1774, recommending another session to beginning on May 10, 1775, in Philadelphia, Pa. Continental Congress's first President Peyton Randolph, resigned on October 22, 1775, to attend the Virginia State Legislature, and his place was taken on the same day by Henry Middleton of South Carolina
    1776-Navy “standardized” uniforms were adopted by the Marine committee. Officers were to have blue coats with red lapels. The sailors were to have green coats and green shirts (if they can be procured), with shirt collars turned back and white waistcoats and breeches edged with green, black gaiters and garters.
    1781- Battle of Virginia Capes, French defeat British, traps Cornwallis This naval engagement on Chesapeake Bay was fought between a French fleet under Adm. de Grasse, which had Cornwallis bottled up at Yorktown and a British relief fleet under Adm. Thomas Graves. De Grasse drove the British back to New York City, precluding aid to Cornwalis. The British fleet arrived off the Virginia Capes and found 26 French warships in three straggling lines. Rear Adm. Thomas Graves waited for the French to form their battle lines and then fought for 5 days. Outgunned and unnerved he withdrew to New York. The French had some 37 ships and 29,000 soldiers and sailors at Yorktown while Washington had some 11,000 men engaged. French warships defeated British fleet, trapping Cornwallis in Yorktown.
    1804 - In a daring night raid, American sailors under Lieutenant Stephen Decatur, board the captured USS Philadelphia and burn the ship to keep it out of the hands of the Barbary pirates who captured her.
    1836- Sam Houston was elected president of the Republic of Texas. He was reelected and upon admission of Texas to the United States as the 29 th state, he remained president, and then was elected as a Democrat to the Senate, where he served until 1859.
    1846-Birthday of John W. Cromwell, Secretary of the American Negro Academy.
    1847-Western legend and bandit Jesse Woodson James were born at Centerville (Now Kearney), MO. His criminal exploits were glorified and romanticized by writers for Eastern readers looking for stories of Western adventure and heroism. Many of them were women, who never left New York City, and worked for very low wages turning out Western novels. After the Civil War, James and his brother, Frank, formed a group of eight outlaws who robbed banks, stagecoaches and stores. In 1873 the James gang began holding up trains. The original James gang was put of out business September 7, 1876, while attempting to rob a bank at Northfield, MN. Every member of the gang except for the James brothers was killed or captured; pictures of the men in coffins was on the front pages of national newspapers. The brothers formed a new gang and resumed their criminal careers in 1879. Two years late, the governor of Missouri offered at $10,000 reward for their capture, dead or alive (that was a real considerable amount of money in those days.) On April 3, 1882 at St. Joseph, MO. Robert Ford, a member of the gang shot 34-year-old Jesse in the back of the head as he was hanging a picture and claimed the reward.
(lower half of )
    1859 -- "Our Nig or Sketches From the Life of A Free Black" by Harriet Wilson is published. The first novel published in the US by an African-American woman. Lost to readers for years until reprinted with a critical essay by noted African-American scholar Henry Louis Gates, Jr. in 1983.
    1863 - United States Foreign Minister to Great Britain, Charles Francis Adams, sends an angry letter to the British government warning that war between the two nations may erupt if it allows two powerful ironclad ships, designed to help the Confederates break the Union naval blockade, to set sail. In the early stages of the war, the British toyed with the idea of recognizing the Confederacy. But Southern hopes of such support were dashed by the end of 1862, when President Lincoln's Emancipation Proclamation converted the war from one of reunification to a war to abolish slavery. British politicians would be hard pressed to explain to the British people why they were forming an alliance with a slave-holding nation. But in 1863 another thorn appeared in the side of Anglo-American relations. Throughout the war, Confederate agents in England acquired ships from British shipyards that were later used in the Confederate navy. This seemed to be in violation of Britain's own Neutrality Act of 1819, which forbade the building, equipping, or arming of warships to be used against any nation with which the British were at peace. During the American Civil War, the British argued that selling ships to the Confederates was not a violation of the law so long as they were not armed. So the Confederacy simply purchased the ships and then took them to another port before adding the armament. Confederate agent James Bulloch contracted the Laird Shipbuilding Company to construct two ironclads with large iron spikes attached to their prows in order to ram wooden Union blockade ships. In the summer of 1863, Union spies delivered the details of their construction to Adams, who then sent a series of angry and threatening letters warning the British of the consequences of allowing the ships to sail. On September 5, Adams concluded a letter to British Foreign Secretary Lord Russell with the words: "It would be superfluous in me to point out to your Lordship that this is war." Adams became a hero in the United States, but the British government had already made the decision to hold the ships in England. A major foreign crisis was averted, and any glimmer of Confederate hope for British recognition vanished. 
    1867-The most famous cow town was Abilene, Kansas. In the late 1860's, Abilene was the terminus of the Kansas Pacific Railway. In 1867, Illinois cattleman Joseph Geating McCoy bought the entire town for $2,400 and turned it into a central shipping depot for cattle driven north from rural Texas along the Chisholm Trail. The first rail shipping took place this day in 1867, when 30 Kansas Pacific Railway cars full of Texas longhorns embarked for slaughterhouses in Kansas City and Chicago. The first year, 35,000 head of cattle were shipped through Abilene.
    1870-- Three Roman Catholic universities were founded in the United States on this exact same date: St. John's in New York City, Loyola in Chicago, and Canisius in Buffalo, New York.
    1877- Southern blacks led by Benjamin “Pap” Singleton settle in Kansas.
    1877 - Oglala Sioux chief Crazy Horse is fatally bayoneted by a U.S. soldier after resisting confinement in a guardhouse at Fort Robinson, Nebraska. A year earlier, Crazy Horse was among the Sioux leaders who defeated George Armstrong Custer's Seventh Cavalry at the Battle of Little Bighorn in Montana Territory. The battle, in which 265 members of the Seventh Cavalry, including Custer, were killed, was the worst defeat of the U.S. Army in its long history of warfare with the Native Americans. After the victory at Little Bighorn, U.S. Army forces led by Colonel Nelson Miles pursued Crazy Horse and his followers. His tribe suffered from cold and starvation, and on May 6, 1877, Crazy Horse surrendered to General George Crook at the Red Cloud Indian Agency in Nebraska. He was sent to Fort Robinson, where he was killed. 
    1881-Great Michigan Fire: According to Michigan Historical Commission, “Small fires were burning in the forests of the ‘Thumb area of Michigan,' tinder-dry after a long, hot summer, when a gale swept in from the southwest on Sept 5, 1881. Fanned into an inferno, the fire raged for three days. A million acres were devastated in Sanilac and Huron counties alone. At least 125 persons died, and thousands more were left destitute. The new American Red Cross won support for its prompt aid to the fire victims. This was the first disaster relief furnished by this great organization.
    1882—The First Labor Day.
    1888-American baseball player-turned-evangelist Billy Sunday, 26, married Helen Thompson, 20. In later years she became affectionately known as "Ma Sunday," and became his evangelistic campaign advisor. She survived Billy (d.1935) by 22 years.
    1895-African-American George Washington Murray elected to US Congress from South Carolina.
    1897-Birthday of Arthur Charles Nielsen, marketing research engineer, founder of AC Nielsen Company, in 1923, known for radio and TV audience surveys, changing programming, born at Chicago, IL, and died there June 1, 1980.
    1905- Slyvanus F. Bowser of Fort Wayne, IN, introduced a “self-measuring Gasoline Storage Pump.” The design, which was based on Bowser's earlier design for a kerosene pump, consisted of ventilated wooden box containing a 50 gallon metal tank. The gasoline was suction-pumped by hand through a hose. It called it a “gas pump.”
    1914-Babe Ruth hit his first home run as a professional while playing for Providence in the International League, a type of minor league affiliate of the Boston Red Sox. He pitched a one-hit shutout against Toronto.
    1912-Birthday of avant-garde American composer John Cage, born at Los Angeles, CA. He pioneered the experimental music and perfor­mance art schools. He used non-traditional instruments such as flower pots and cowbells in innovative situations, such as per­formances governed by chance, in which the I Ching was con­sulted to determine the direction of the performance. In 1978 he was elected to the American Academy of Arts and Sciences, and in 1982 was awarded France's highest honor for cultural contri­butions, Commandeur de I'Ordre des Arts et des Lettres. He died Aug 12, 1992, at New York, NY.
    1925 - The temperature at Centerville, AL, soars to 112 degrees to establish a state record. Every reporting station in Alabama was 100 degrees or above that afternoon.
    1929-Comedian Bob Newhart was born Chicago, Il. 1929.
    1931-Birthday of pianist Richie Power 
    1933 - A hurricane hit Brownsville, TX, killing forty persons and causing 12 million dollars damage.
    1939- Lester Young records “Lester Leaps IN” with Count Basie Kansas City 7.
    1940-Duke Ellington records, “ In a Mellotone.” 
    1944--MERLI, GINO J. Medal of Honor
Rank and organization: Private First Class, U.S. Army, 18th Infantry, 1st Infantry Division. Place and date: Near Sars la Bruyere, Belgium, 4-5 September 1944. Entered service at: Peckville, Pa. Birth: Scranton, Pa. G.O. No.: 64, 4 August 1945. Citation: He was serving as a machine gunner in the vicinity of Sars la Bruyere, Belgium, on the night of 4-5 1944, when his company was attacked by a superior German force Its position was overrun and he was surrounded when our troops were driven back by overwhelming numbers and firepower. Disregarding the fury of the enemy fire concentrated on him he maintained his position, covering the withdrawal of our riflemen and breaking the force of the enemy pressure. His assistant machine gunner was killed and the position captured; the other 8 members of the section were forced to surrender. Pfc. Merli slumped down beside the dead assistant gunner and feigned death. No sooner had the enemy group withdrawn then he was up and firing in all directions. Once more his position was taken and the captors found 2 apparently lifeless bodies. Throughout the night Pfc. Merli stayed at his weapon. By daybreak the enemy had suffered heavy losses, and as our troops launched an assault, asked for a truce. Our negotiating party, who accepted the German surrender, found Pfc. Merli still at his gun. On the battlefield lay 52 enemy dead, 19 of whom were directly in front of the gun. Pfc. Merli's gallantry and courage, and the losses and confusion that he caused the enemy, contributed materially to our victory .
    1946 - Jazz and R&B singer, drummer, and bandleader Buddy Miles is born.
    1950-Baptist Bible College was founded in Springfield, MO, under auspices of the Baptist Bible Fellowship. With an enrollment of over 2,000, it is today one of the largest Bible colleges in America.
    1950 - Hurricane Easy produced the greatest 24 hour rainfall in U.S. weather records. The hurricane deluged Yankeetown, on the upper west coast of Florida, with 38.7 inches of rain.
    1950-KAUFMAN, LOREN R. Medal of Honor
Rank and organization: Sergeant First Class, U.S. Army, Company G, 9th Infantry Regiment. Place and date: Near Yongsan, Korea, 4 and 5 September 1950. Entered service at: The Dalles, Oreg. Born: 27 July 1923, The Dalles, Oreg. G.O. No.: 61, 2 August 1951. Citation: Sfc. Kaufman distinguished himself by conspicuous gallantry and intrepidity above and beyond the call of duty in action. On the night of 4 September the company was in a defensive position on 2 adjoining hills. His platoon was occupying a strong point 2 miles away protecting the battalion flank. Early on 5 September the company was attacked by an enemy battalion and his platoon was ordered to reinforce the company. As his unit moved along a ridge it encountered a hostile encircling force. Sfc. Kaufman, running forward, bayoneted the lead scout and engaged the column in a rifle and grenade assault. His quick vicious attack so surprised the enemy that they retreated in confusion. When his platoon joined the company he discovered that the enemy had taken commanding ground and pinned the company down in a draw. Without hesitation Sfc. Kaufman charged the enemy lines firing his rifle and throwing grenades. During the action, he bayoneted 2 enemy and seizing an unmanned machine gun, delivered deadly fire on the defenders. Following this encounter the company regrouped and resumed the attack. Leading the assault he reached the ridge, destroyed a hostile machine gun position, and routed the remaining enemy. Pursuing the hostile troops he bayoneted 2 more and then rushed a mortar position shooting the gunners. Remnants of the enemy fled to a village and Sfc. Kaufman led a patrol into the town, dispersed them, and burned the buildings. The dauntless courage and resolute intrepid leadership of Sfc. Kaufman were directly responsible for the success of his company in regaining its positions, reflecting distinct credit upon himself and upholding the esteemed traditions of the military service.
    1952-McLAUGHLIN, ALFORD L. Medal of Honor
Rank and organization: Private First Class, U.S. Marine Corps Company L, 3d Battalion, 5th Marines, 1st Marine Division (Rein.) Place and date: Korea, 4 and 5 September 1952. Entered service at: Leeds, Ala. Born: 18 March 1928, Leeds, Ala. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as a machine gunner of Company L, in action against enemy aggressor forces on the night of 4-5 September 1952. Volunteering for his second continuous tour of duty on a strategic combat outpost far in advance of the main line of resistance, Pfc. McLaughlin, although operating under a barrage of enemy artillery and mortar fire, set up plans for the defense of his position which proved decisive in the successful defense of the outpost. When hostile forces attacked in battalion strength during the night, he maintained a constant flow of devastating fire upon the enemy, alternately employing 2 machineguns, a carbine, and handgrenades. Although painfully wounded, he bravely fired the machineguns from the hip until his hands became blistered by the extreme heat from the weapons and, placing the guns on the ground to allow them to cool, continued to defend the position with his carbine and grenades. Standing up in full view, he shouted words of encouragement to his comrades above the din of battle and, throughout a series of fanatical enemy attacks, sprayed the surrounding area with deadly fire, accounting for an estimated 150 enemy dead and 50 wounded. By his indomitable courage, superb leadership, and valiant fighting spirit in the face of overwhelming odds, Pfc. McLaughlin served to inspire his fellow marines in their gallant stand against the enemy and was directly instrumental in preventing the vital outpost from falling into the hands of a determined and numerically superior hostile force. His outstanding heroism and unwavering devotion to duty reflect the highest credit upon himself and enhance the finest traditions of the U.S. Naval Service.
    1952-BENFOLD, EDWARD C. Medal of Honor
Rank and organization: Hospital Corpsman Third Class, U.S. Navy, attached to a company in the 1st Marine Division. Place and date: Korea, 5 September 1952. Entered service at: Philadelphia, Pa. Born: 15 January 1931, Staten Island, N.Y. Citation: For gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving in operations against enemy aggressor forces. When his company was subjected to heavy artillery and mortar barrages, followed by a determined assault during the hours of darkness by an enemy force estimated at battalion strength, HC3c. Benfold resolutely moved from position to position in the face of intense hostile fire, treating the wounded and lending words of encouragement. Leaving the protection of his sheltered position to treat the wounded when the platoon area in which he was working was attacked from both the front and rear, he moved forward to an exposed ridge line where he observed 2 marines in a large crater. As he approached the 2 men to determine their condition, an enemy soldier threw 2 grenades into the crater while 2 other enemy charged the position. Picking up a grenade in each hand, HC3c Benfold leaped out of the crater and hurled himself against the on-rushing hostile soldiers, pushing the grenades against their chests and killing both the attackers. Mortally wounded while carrying out this heroic act, HC3c. Benfold, by his great personal valor and resolute spirit of self-sacrifice in the face of almost certain death, was directly responsible for saving the lives of his 2 comrades. His exceptional courage reflects the highest credit upon himself and enhances the finest traditions of the U.S. Naval Service. He gallantly gave his life for others.
    1952--GARCIA, FERNANDO LUIS Medal of Honor
Rank and organization: Private First Class, U.S. Marine Corps, Company I, 3d Battalion, 5th Marines, 1st Marine Division (Rein.). Place and date: Korea, 5 September 1952. Entered service at: San Juan, P.R. Born: 14 October 1929, Utuado, P.R. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as a member of Company I, in action against enemy aggressor forces. While participating in the defense of a combat outpost located more than 1 mile forward of the main line of resistance during a savage night attack by a fanatical enemy force employing grenades, mortars, and artillery, Pfc. Garcia, although suffering painful wounds, moved through the intense hail of hostile fire to a supply point to secure more hand grenades. Quick to act when a hostile grenade landed nearby, endangering the life of another marine, as well as his own, he unhesitatingly chose to sacrifice himself and immediately threw his body upon the deadly missile, receiving the full impact of the explosion. His great personal valor and cool decision in the face of almost certain death sustain and enhance the finest traditions of the U.S. Naval Service. He gallantly gave his life for his country. 
    1955---Top Hits
Rock Around the Clock - Bill Haley & His Comets
The Yellow Rose of Texas - Mitch Miller
Autumn Leaves - Roger Williams
I Don't Care - Webb Pierce
    1956--Elvis Presley surprises his mother with a gift of a pink Cadillac. The car will remain in the Presley family and eventually goes on display at Graceland.
    1956 - Johnny Cash hit the record charts running with "I Walk the Line". Cash's debut hit song climbed to #17 on the pop music charts.
    1957 -- Jack Kerouac's "On the Road," depicting a generation of restless spirits, is published. "Regarded as the foundation text for the Beat movement, the book was written on a single scroll of paper, made up of 12-foot long sheets of tracing paper taped together and fed through a typewriter continuously, so Kerouac would not have to pause his train of thought. He wrote in fits of inspiration that lasted for days, fueled by amphetamine binges and lack of sleep. The entire process took 20 days and ended with a single spaced, 120-foot long scroll."
    1958 -- Martin Luther King is arrested in an Alabama protest for loitering and fined $14 for refusing to obey police.
    1960--Annette Funicello's "Pineapple Princess" entered the Billboard Pop chart, where it will reach #11.
    1960 - Cassius Clay of Louisville, KY won the gold medal in light heavyweight boxing at the Olympic Games in Rome, Italy. Clay would later change his name to Muhammad Ali and become one of the great boxing champions in the world. In 1996, at the Olympic Games in Atlanta, GA, Muhammad Ali was given the honor of lighting the Olympic flame.
    1961-President John F. Kennedy signed the skyjacking law enacted by Congress. It made hijacking punishable by death or not less than 20 years imprisonment. Carrying a concealed or dangerous weapon was subject to a fine of 42,000 or imprisonment of not more than one year or both. It did not provide for inspection of carry on baggage, or persons, or any other implementation except for making it against the law. It was in reaction to a string of hijackings that followed the May 1, 1961 hijacking of an airplane by gun and knife to Havana. The press called them “ skyjackings” and thus a new word was also born.
    1963---Top Hits
My Boyfriend's Back - The Angels
Hello Mudduh, Hello Fadduh! - Allan Sherman
Blowin' in the Wind - Peter, Paul & Mary
Ring of Fire - Johnny Cash
    1964 - The Animal's "House of the Rising Sun" made it to #1. It stayed at the top until it was replaced three weeks later by Roy Orbison's "Oh, Pretty Woman". Orbison's smash was just entering the pop charts on this day, for a 14-week run.
    1964-"And I Love Her" by The Beatles peaks at #12 on the pop singles chart while "If I Fell" peaks at #53.
    1964- Manfred Mann's "Do Wah Diddy Diddy" is released.
    1965 -- San Francisco Examiner writer Michael Fallon applies the term "hippie" to the SF counterculture in an article about the Blue Unicorn coffeehouse where LEMAR (Legalize Marijuana) and the Sexual Freedom League meet, & hippie houses, declares the Beat movement is alive in the Haight-Ashley district ( this was a white area of town where rent was very cheap, many people lived in the same flat, and the low cost or no cost is why they lived in this section. It is a flashback to the derogatory term of a “would be” hipster used in Harlem. It primarily referred to white would be hipsters who tried to be “black and hip,” but were not.
    1965-The Rolling Stones fly to Los Angeles to record "Get Off My Cloud" and other tunes.
    1966-Labor Day opening of Martha and The Vandellas at the San Franisco Fillmore Auditorium.
    1968 -- John Lennon takes a plane to Germany to begin filming his first and only major movie role, appearing as "Pvt. Gripweed" in director Richard Lester's latest movie, the WWI satire How I Won the War. While filming, Lennon is quite taken with the "granny glasses" his character uses, and begins to wear them upon returning home, resulting in a major piece of his visual iconography.
     1969 - Lt. William Calley is charged with six specifications of premeditated murder in the death of 109 Vietnamese civilians at My Lai in March 1968. Calley, a platoon leader in Charlie Company, 1st Battalion, 20th Infantry, 11th Infantry Brigade (Light) of the 23rd (Americal) Division had led his men in a massacre of Vietnamese civilians, including women and children, at My Lai 4, a cluster of hamlets that made up Son My village in Son Tinh District in Quang Ngai Province in the coastal lowlands of I Corps Tactical Zone on March 16, 1968. The company had been conducting a search and destroy mission as part of the yearlong Operation Wheeler/Wallowa (November 1967 through November 1968). In search of the 48th Viet Cong (VC) Local Force Battalion, the unit entered Son My village but found only women, children, and old men. Frustrated by unanswered losses due to snipers and mines, the soldiers took out their anger on the villagers, indiscriminately shooting people as they ran from their huts and systematically rounding up the survivors, allegedly leading them to nearby ditch where they were executed. Reportedly, the killing was only stopped when Warrant Officer Hugh Thompson, an aero-scout helicopter pilot landed his helicopter between the Americans and the fleeing South Vietnamese, confronting the soldiers and blocking them from further action against the villagers. The incident was subsequently covered up, but eventually came to light a year later.
    1970 -Estimated 15 cm (6") of rainfall, Bug Point, Utah (state record)
    1970-Joe Cocker's "Mad Dogs and Englishmen" enters the LP charts.
    1971--Top Hits
Uncle Albert/Admiral Halsey - Paul & Linda McCartney
Smiling Faces Sometimes - The Undisputed Truth
Spanish Harlem - Aretha Franklin
Easy Loving - Freddie Hart
    1972 - Roberta Flack and Donny Hathaway won a gold record for their duet, "Where is the Love". The song got to number five on the pop music charts and was one of two songs that earned gold for the duo. The other was "The Closer I Get To You" (1978).
    1975-Lynette A. “Squeaky” Fromme, a follower of convicted murdered Charles Manson, attempted to shoot President Gerald Ford. On September 22 of the same year, another attempt on Ford's life occurred when Sara Jane Moore shot at him.
    1975 - Strong winds reduced visibilities to near zero in blowing dust resulting in a 22-car chain reaction accident on Interstate 10 near Toltec AZ. Two persons were killed, and 14 others were injured.
    1976--- During Jerry Lewis' annual Labor Day Telethon on NBC-TV, musical guest Frank Sinatra announces that he's brought a friend along -- and produces Dean Martin, Lewis' former comedy partner, who has not spoken to him since the duo's dissolution twenty years earlier. The tearful crowd erupts in laughter when Lewis greets Martin with, "So, you working?" 
    1976 - No. 1 Billboard Pop Hit: "(Shake, Shake, Shake) Shake Your Booty," KC & the Sunshine Band.
    1979---Top Hits
My Sharona - The Knack
After the Love Has Gone - Earth, Wind & Fire
Don't Bring Me Down - Electric Light Orchestra
Heartbreak Hotel - Willie Nelson & Leon Russell
    1979- Anne Myers, All-American basketball player from UCLA, made history by signing a contract with the Indiana Pacers of the NBA, the first woman to do so. Meyers worked out with the team throughout training camp but was cut before the season began.
    1981-"Stop Draggin' My Heart Around" by Tom Petty and Stevie Nicks peaks at #3 on the singles chart; The Greg Kihn Band's "The Breakup Song (They Don't Write 'Em)" peaks at #15 and Foreigner's "Urgent" peaks at #4.
    1983-Originally, this PBS news show was called “The MacNeil-Lehrer Report” and was on every weeknight for a half hour starting in 1976. Robert MacNeil and Jim Lehrer were joined by Charlayne Hunter-Gault and Judy Woodruff. In 1983 the show was expanded to an hour and became TV's first regularly scheduled daily hour news show. The show has been praised for its depth and objectivity. In 1995 Robert MacNeil retired and the show was retiled “The News hour with Jim Lehrer.”
    1986-Dire Straits' "Money For Nothing" wins and MTV award for Best Video.
    1987-"American Bandstand" was cancelled after 30 years on the air.
    1987---Top Hits
La Bamba - Los Lobos
I Just Can't Stop Loving You - Michael Jackson with Siedah Garrett
Only in My Dreams - Debbie Gibson
She's Too Good to Be True – Exile
    1988 - Five days of heavy rain commenced in west central Florida. Up to 20 inches of rain in four days resulted in extensive urban flooding, and evacuation of 1000 homes. Flooding claimed four lives, and caused more than five million dollars property damage.
    1991-R.E.M. wins 5 MTV Video Music awards, including video of the year for "Losing My Religion."
    1997-Space Milestone: Voyager I. launched, setting a new distance record when after more than 20 years in space it reached 6.5 billion miles from Earth.
    1989-Chris Evert's tennis career came to an end in the quarterfinals of the US Open when she was defeated, 7-6, 6-2 by Zina Garrison.
    1998 - Aerosmith's "I Don't Want to Miss a Thing" debuted at #1 on U.S. music charts. The song, from the movie, "Armageddon", was the first single by Aerosmith to reach number one. It stayed at the top through the entire month of September. 
    2010 Bill Mazeroski looks on as four of his Pirates teammates unveil a 14-foot, 2,000-pound statue commemorating his walk-off home run in Game 7 of the 1960 World Series. The work includes an actual section of the left-center field wall which the second baseman homered over at the 406 mark off Yankee hurler Ralph Terry in the Pirates’ 10-9 victory. 

*** Randolph, Peyton (1721?-1775), was an American lawyer who served as president of both the First and the Second Continental Congresses in 1774 and 1775. Those two meetings of colonial leaders at first sought fair treatment from Britain for the American Colonies but eventually declared independence. Randolph himself held moderate political views. He persuaded extreme patriots and those with more cautious views to work together. 
Randolph was born in Williamsburg into one of Virginia's most respected families. He graduated from the College of William and Mary and then studied law at the Inns of Court in London. In 1748, Randolph became attorney general of Virginia. That year, he won election to the House of Burgesses, Virginia's legislature. In 1766, he became speaker of the House. 
The British governor of Virginia dissolved the House of Burgesses in 1774. Its members then met in a series of revolutionary conventions. Randolph was elected to preside over the conventions in 1774 and 1775. He headed Virginia's delegates to the First and Second Continental Congresses. He was elected as the first president of both meetings. He died in October 1775, five months after the Second Continental Congress began.




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