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Kit Menkin’s Leasing
News www.leasingnews.org Wednesday, August 14, 2002 Accurate, fair and unbiased news for the equipment Leasing
Industry ( posted daily at www.leasingnews.org
and sent by e-mail by subscription with the Day in American History signature .) ---------------------------------------------------------------------------------------------- Headlines--- Poll
suggests consumer confidence at lowest level since 1996 HPSC
Reports Strong 2nd Q 2002 Results Net Income Increases 292% Growth1
Funding Inquiry--Landlinemag.com Equipment
Leasing Association Accountants Conference Sept 9-11 Hawaii
Calling---This is Bette Kerhoulas Speaking "We
need to fight together," Paul
Menzel, CLP Federal
and State Income Tax Issues, Too Heat
records fall in western Oregon CIT
Small Business Lending Surpasses $2 Billion In SBA Loans HP
Formally Announces HP Financial Services Wine
consumption grows in U.S. in 2001 French
on road to mapping wine DNA Scientists
map genetic code of wine-AP Wineries
Cheer Appellation's Failure ePlus
1st Q Revenues Increase 35% to $72 Million Merrill
Lynch Takes Steps to Help Build Public Confidence in American Business Former
Detroit mayor to become first black leader of lawyers' group Sad
fact, but it's time Davis ran into sunset ### Denotes Press Release Reuters By Christopher Kaufman SINGAPORE (Reuters) - U.S. speculators dumped dollars for
yen and Asian stock markets slipped on Wednesday after the Federal Reserve
left interest rates unchanged at 40-year lows and warned of weak conditions
in the world's biggest economy. The dollar softened against major currencies after the Fed
said America's economic risks had shifted toward weakness, fanning speculation
of a return to recession. "People are worried about a double-dip recession and
now they think the Fed is a little worried as well," said currency
strategist Meg Browne at HSBC . Traders said the Fed's statement did leave the door open
for further cuts, and some investors said the sell off would be brief. Dealers said U.S. speculators were selling the dollar during
lunch hour, when trade tends to be thin. At 0440 GMT, it was quoted at
117.00 yen more than a full yen down from 118.72 yen in late U.S. trade
on Tuesday. The euro was also gaining ground against dollar, climbing
to 98.81 cents, compared with 98.30 cents in late U.S. trade on Tuesday. The U.S. central bank's Federal Open Market Committee voted
unanimously to leave its trend-setting federal funds rate at 1.75 percent,
but said weak stock markets and corporate scandals were taking a toll. "The decision was as expected but the reaction in the
stock market was bigger than we had thought," said Junya Tanase,
global markets officer at JP Morgan Chase.. Poll suggests consumer confidence at lowest level since 1996 By Associated Press Consumer confidence has slipped to its lowest level since
1996 in the ABC News- Money Magazine consumer index, a 15-year-old tracking
poll. The index, based on Americans' ratings of the economy, their
personal finances and the buying climate, was released Tuesday the same
day that President Bush convened his economic forum in Waco, Texas, to
discuss the current health of the economy. Consumer confidence in this survey was highest in January
2000 and lowest in February 1992. Other findings: A third, or 32 percent, rated the economy this month as excellent
or good. Fewer than four in 10, 38 percent, said now is a good time
to buy things. Those most likely to have a gloomy view of the economy were
women, Democrats, blacks and those with low incomes. The consumer tracking poll is based on interviews with about
1,000 adults each month and has an error margin of plus or minus 3 percentage
points. ------------------------------------------------------------------------------------------------------ ############## ############################################## HPSC Reports Strong
Second Quarter 2002 Results Net Income Increases 292% BOSTON--HPSC,
Inc. (AMEX: HDR) reports a 292%
increase in net income for the second quarter ended June 30, 2002, with
net income of $1.05 million, compared to $268,000 in the same quarter
last year. In line with preliminary results announced last week, earnings
per share on a diluted basis were $0.24 in the second quarter of 2002
versus $0.06 in the prior year period. Basic earnings per share were $0.26
in the second quarter of 2002 compared to $0.07 in the same quarter last
year. Net revenues for the second quarter of 2002 were $13.8 million,
a 2% decrease from $14.1 million reported in the second quarter of 2001,
primarily reflecting lower levels of asset sales activity and lower weighted-average
implicit interest rates on financing contracts. Net operating expenses
for the second quarter of 2002 were $12.1 million, an 11% improvement
from the $13.6 million recorded in the same period last year. Said John W. Everets,
Chairman and Chief Executive Officer, "We are very pleased that the
past quarter's results were so solid, building on those of the first quarter
this year, with exceptionally strong net earnings as well as a strong
volume of financings. Our financing margins continue to be attractive,
despite the decline in interest rates. We continue to focus on our strategy
of gaining market share and providing high quality service to our customers." On June 17, 2002,
the company reported that it had discovered than an employee of its asset-based
lending subsidiary, American Commercial Finance Corporation (ACFC), had
perpetrated a defalcation by which approximately $5 million had been diverted
from the company over the last five years. The company has completed its
formal investigation into this matter. As a result, the company has restated
its financial statements for the periods affected beginning in 1996 through
the first quarter of 2002. A copy of the restated annual report on Form
10-K/A for 2001 is available on the company's website under investor relations
(www.hpsc.com), or can be obtained via the SEC's EDGAR system, or by calling
the company at 617-720-7202. Shortly after
the close of the second quarter, the company closed on new revolving credit
facilities with Foothill Capital Corporation, a subsidiary of Wells Fargo
Bank, as the managing agent for a bank group. The variable-rate lines
of credit provide the company and its subsidiary, ACFC, with committed
facilities of up to $70 million to warehouse the company's new lease and
loan financing contracts and to provide financing support for portions
of the company's asset-based lending services provided through ACFC. The
company has also entered into a new financing arrangement with ING Capital
LLC pursuant to which ING will provide the company up to $20 million of
financing collateralized by the company's interest in its existing Bravo
facility. In the second
quarter of 2002, the volume of the company's new financing contract originations,
excluding ACFC, rose to $74.2 million, a 17% increase over volume of $63.6
million produced in the second quarter of 2001. For the first six months
of 2002, the volume of the company's new originations, excluding ACFC,
increased 10% to $135.0 million from $123.1 million for the comparable
period in 2001. For the six months ended June 30, 2002, ACFC originated
$2.7 million in new lines of credit compared to $9.9 million for the same
period last year. The company's total gross portfolio of owned and managed
lease contracts and notes receivable grew to $858 million at the end of
the second quarter of 2002, a 6% increase from a gross portfolio of $806
million at the end of 2001. Unearned income increased 8% to $113 million
at the end of the second quarter of 2002, from $105 million at the end
of last year. For the first
six months of 2002, net income was $1.9 million, a 117% increase over
the $863,000 reported for the first half of 2001. Earnings per share on
a diluted basis for the first half of 2002 were $0.44, compared to $0.20
for the same period last year. Basic earnings per share were $0.47 for
the first half of 2002, compared to $0.22 for the first half of 2001.
Net revenues for the first half of 2002 were $26.3 million, a 3% decline
from net revenues of $27.2 million reported in the same period last year,
reflecting lower interest rates received on the company's portfolio and
decreased asset sales. Net operating expenses for the first six months
of 2002 were $23.2 million, a 10% reduction from the $25.8 million reported
for the same period last year. HPSC will host
a conference call and webcast to discuss these results on Wednesday, August
14, 2002, at 4 pm EDT. The call can be accessed by calling 1-800-310-6649,
confirmation code 652791, or on the Internet at www.hpsc.com, and following
instructions to the link there. A replay of the call will be available
until Wednesday, August 21, 2002 at midnight and can be accessed either
via the company's website or by calling 1-888-203-1112, confirmation code
652791. About HPSC HPSC Inc. (AMEX:
HDR) is a leading non-bank financial services company providing leasing
and financing opportunities to the medical and dental professions in all
50 states. Through its asset-backed lending subsidiary, American Commercial
Finance Corporation (ACFC), the Company provides asset-based lines of
credit to manufacturing and distribution companies throughout the eastern
United States. For more information, please visit the company's website
at www.hpsc.com. This release contains
forward-looking statements within the meaning of Section 27A of the Securities
Act. Such statement are subject to a number of risks and uncertainties,
including but not limited to the following: the Company's dependence on
funding sources and restrictive covenants in funding documents; payment
restrictions and default risks in asset securitization transactions to
which the Company is a party; customer credit risks; competition for customers
and for capital funding at favorable rates relative to the capital costs
of the Company's competitors; changes in healthcare payment policies;
interest rate risk; the risk that the Company may not be able to realize
the residual value of financed equipment at the end of its lease term;
risks associated with the sale of certain receivable pools by the Company;
dependence on sales representatives and the current management team; and
fluctuations in quarterly operating results. The Company's filings with
the Securities and Exchange Commission, including its Annual Report on
Form 10-K for the year ended December 31, 2001, contain additional information
concerning such risk factors. Actual results in the future could differ
materially from those described in the forward looking statements as a
result of certain risk factors, including those set forth above, and the
risk factors described in the Annual Report. HPSC cautions the reader,
however, that such list of risk factors may not be exhaustive. HPSC undertakes
no obligation to release publicly the result of any revisions to these
forward looking statements that may be made to reflect any future events
or circumstances. Operating Performance: (in thousands, except per share and share amounts) Three Months Ended Six Months Ended June 30, June 30, June 30, June 30, 2002 2001 2002 2001
(Unaudited)(Unaudited)(Unaudited)(Unaudited) Revenues Earned income $ 12,789 $ 12,416
$ 25,002 $
24,447 Gains on sales of
leases and notes 3,839 4,218 5,907 6,862 Provision for losses
(2,806) (2,553)
(4,586) (4,060) Net revenues 13,822 14,081
26,323 27,249 Selling, general and administrative 5,566
6,246 10,524 11,432 Loss from employee defalcation 157 345 448 753 Interest, net 6,347 7,036
12,215 13,591 Income before income taxes 1,752 454 3,136 1,473 Provision for income taxes 702 186 1,262 610 Net income
$ 1,050 $ 268
$ 1,874 $ 863 BASIC NET INCOME PER SHARE $ 0.26 $ 0.07 $
0.47 $ 0.22 Shares used to compute basic net income
per share 4,064,324 3,962,100
4,030,106 3,957,199 DILUTED NET INCOME PER SHARE $ 0.24 $ 0.06
$ 0.44 $ 0.20 Shares used to compute diluted net income
per share 4,356,733 4,354,278
4,274,475 4,288,031 Selected Financial Data June 30, Dec. 31, 2002 2001 (Unaudited)(Unaudited) Cash and cash equivalents $ 1,510
$ 1,211 Restricted cash- Securitization servicing 27,353 28,786 Unearned income 112,841 104,741 Net investment in leases and notes 443,142 396,996 Senior notes and notes payable to banks 381,145 336,806 Senior subordinated notes 19,985 19,985 Stockholders' equity 38,031 36,781 --30--ma/bos* CONTACT: HPSC
Inc. John
Everets, 617/720-3600 ________________________________________________________________________________________ 1616 East Fourth Street Suite 110 Santa Ana, CA. 92701 Email: info@growth1.com Phone: (714) 835-6961 Fax: (714) 835-7532 www.growth1.com http://www.growth1.com/Large_Projects/large_projects.html Leasing News is seeking any experience a reader may have
had regarding this company. If
you have any information or had dealings with this company, please let
us know. Also, if you have any
background information on Roxanna Munoz and/or Dane Moore? We are seeking information and have no opinion on these individuals
or this company. Growth 1 Funding Corp. was written about in Landline Magazine
regarding allegedly not funding trailer-truck leases, and at one time
were working with Kendra Bernal of the Funding Tree. It appears they are
now offering to finance large projects $40 million and larger. Kit, Here are the two stories I wrote that include information
about Growth 1. The first one is what got me started on these finance companies,
and the second is my follow-up story. I’ll be out of the office for
the next couple days, so I’ll talk to you Friday. Later, Rene Easy money? by Rene Tankersley, feature editor (Owner- Operator
Independent Drivers Association) They are a new breed of loan sharks and they are helping
themselves to thousands of dollars from owner-operators seeking easy money
through alternative financing or special lease programs. In reality,
these advance-fee finance companies are the ones getting the easy
money. *OOIDA Business Services department recently received complaints
f rom owner-operators who reportedly lost money to Growth 1
Funding Corporation in Santa Ana, CA, for promised equipment leasing and
financing services. On the surface, Growth 1 looks legitimate with its
professional-looking web site, but the Better Business Bureau (BBB) of
the Southland in Colton, CA, rates Growth 1 as having an “unsatisfactory
business performance record.” *The BBB report on the company further states: “Complaints
contain a pattern of allegations that the company made promises of obtaining
financing with specific terms. When the company failed to obtain the financing
at rates originally quoted or provide promised terms, customers requested
refunds of the deposit amounts. The company responded by generally denying
requests, referring to the terms and conditions of the commitment fee,
or that a portion of the deposit amount was kept due to expenses incurred
by the company attempting to obtain the financing.” *OOIDA members Johnnie Banner, Lawrence McCafferty and Steven
Long all reported similar experiences with Growth 1. *An unsuspecting equipment dealer in Tampa, FL, referred
Banner, of Auburndale, FL, to Growth 1 in July 2001 to obtain financing
for a 2000 Kenworth W-900L (total cost $85,547.99) to be purchased from
the dealer. Per written instructions by Growth 1, Banner signed a preliminary
lease agreement for the promised financing and paid documentation fees
and two lease payments totaling $5,510.77. After wire transferring the
money from Banner’s checking account, Growth 1 did not provide the promised
financing. Banner, his attorney and the equipment dealer
have all contacted Growth 1 several times by phone and letters trying
to get a refund for Banner. All they received was empty promises of “we
will look into it.” *On Nov. 5, Roxanna Munoz, senior underwriter for Growth
1, told Land Line the company owes Banner a refund. *”I did find out that definitely this customer is owed a
refund, there is no argument on that,” Munoz said. “Unfortunately, right
now we’re just not allowed to cut out any checks at this moment due to
a freeze that has been put in our company with our account due to an internal
bank auditing that’s going on. We’re just looking at about another couple
of days from now, it could be any day now that I have word that we have
clearance and we can go ahead and start the accounting department back
up to go ahead and do what they’ve got to do. I have your information
here as to give you a concrete date of when Mr. Johnnie Banner should
be getting his check.” *McCafferty of Fernley, NV, says he’s heard this and several
other promises from Munoz regarding the $1,653.73 he gave the company
in June for an equipment lease that never materialized. His introduction
to Growth 1 also came through a nearby unsuspecting truck dealer. Long, of Palm Bay, FL, had a similar experience in July when
he tried to purchase a drop trailer from a Kansas City, MO, equipment
dealer, who referred him to Growth 1. Like the others, he signed a preliminary
lease agreement and paid $200 in documentation fees and two lease payments
of $610 each, totaling $1,420. As with Banner and McCafferty, the lease
went nowhere. Growth 1 has refunded $1,000 to Long, who still believes
the company owes him $420 plus the other related expenses. Growth 1 isn’t
the only finance company causing problems for OOIDA members. Two other
California companies - Funder Direct and Commercial Money Center Inc.
- have been the subjects of complaints by OOIDA members Lonnie Byers of
Ozark, AR, and Darren Purrier of Las Vegas. Byers gave Funder Direct out
of San Diego, $1,353.32 in May to lease a trailer that never was delivered. Darren Purrier purchased a new truck through a dealer on
Commercial Money Center’s lease program. Because he knew he had credit
problems, Purrier says he expected the high payments and a higher interest
rate, but not 48.672 percent interest. Because the interest rate was never
stated in the lease agreement, Purrier did not realize how much interest
he was paying until his accountant reviewed his records at tax time. He’s
talked to a couple of people about refinancing the truck at a lower interest
rate, but the lease agreement requires any early pay-off to include all
the interest for the entire lease. Funder Direct and Commercial Money Center have something
in common. Although Funder Direct is using an address in San Diego, the
California Secretary of State’s corporation filings list the company address
as 221 West Crest in Escondido, CA, the same address used by Commercial
Money Center. WEB SPECIAL: Easy money? The sequel Since the first report on Commercial Money Center Inc., Growth
1 Funding Corp. and other advance fee loan companies (Dec/Jan, Land Line),
three OOIDA members - Johnnie L. Banner, Steven D. Long Sr. and Lonnie
Byers - received refunds from Growth 1 and Funder Direct. However, more
small-business truckers have reported losing thousands to this new breed
of loan sharks who promised equipment financing, took their money and
gave them nothing but excuses. OOIDA member Lawrence E. McCafferty of Fernley, NV, is still
waiting for his $2,573 refund from Growth 1 for a failed truck financing
deal. OOIDA member Maxie McIntosh of Perris, CA, also paid $2,573 to Growth
1 on April 3, 2001, but the finance company never came through with the
funding. Roxanna Munoz, senior underwriter for Growth 1, has agreed to
look into refunds for McIntosh and McCafferty. Based in San Diego, CA,
Growth 1 is owned by Dane Moore, but most owner-operators report dealing
with Munoz. At least five owner-operators reported problems with Commercial
Money Center, headquartered in Las Vegas with an office in Escondido,
CA. Burrell L. Lee Jr., OOIDA member from Radcliff, KY, gave CMC $5,194.53
in advanced payments plus $220 for processing fees and $175 for a Quicktrak
inspection on May 8, 2001, to finance a truck. For his money, he received
no financing, no equipment and no refund. The same rings true for owner-operator Dane Stieben, of Colby,
KS, who paid $5,840 to CMC; Phil and Victoria Stone, of Nortonville, KY,
paid $4,520.56 to finance a trailer with CMC; and Galloway Transport,
of Grandville, GA, who reported to the Federal Trade Commission it paid
$2,000 to CMC for financing. Senitteau Norton of Boulderick Farms and Norton Refrigeration
financed three trucks through CMC, and then some refrigerated trailers
in October 2000. To finance the trailers, Norton paid $4,787.26 in advanced
payments plus a $220 processing fee and $175 for a Quiktrak inspection. Soon after she picked
up the trailers and had them licensed, the dealership repossessed them
because CMC never paid for the equipment. Since the financing fell through
on the trailers, she asked CMC to apply the trailer down payment toward
her truck payments, but CMC refused. With no trailers to go with their
trucks, Norton’s company could not earn enough money to pay for the trucks
and eventually lost them, too. These owner-operators may have lost up to $5,000 each to
CMC, but OOIDA members Darren Purrier of Las Vegas, Henry Brown of Phoenix,
AZ, and Patricia Breeden of Stafford, VA, are paying CMC’s 48-50 percent
interest rates. Purrier says when he confronted CMC about the high interest
rates, he was told the rates were completely legal because it was a lease,
not a loan. Purrier says recent major repair work has made it difficult
to keep up with the lease payments. When the Purriers tried to get a deferment,
a CMC representative told them they must miss the payment before CMC would
send them deferment paperwork. However, the rep didn’t tell the Purriers
about the more than $300 in fees they were charged for the deferment. Brown says the truck he received is not the one described
on his paperwork and he still can’t get a legal title for the truck. Munoz says CMC is out of business. Attempts to confirm this
information were met with a full voice mailbox at CMC’s California office
and a know-nothing receptionist at the Las Vegas headquarters, where company
execs were unavailable for comment. The receptionist deferred all questions
to a Mr. Gwarder (correct spelling
not given), who was in a deposition April 4.
However, a representative at U.S. Bancorp, who now services CMC’s
lease contracts, did say the California office is closed, but the Las
Vegas office currently is open. Although CMC and Growth 1 received the most complaints from
owner-operators, a few other companies each received one complaint. Of
those, Commercial Leasing of Louisiana, an agent of Florida-based company
International Corporate Finance Ltd., took the most money from one individual.
Marti Wright of South Star Transport in El Paso, TX, paid Commercial Leasing
more than $20,000 to finance three new trucks, which were repossessed
about a month after delivery because the finance company never paid the
dealer. Telephone numbers for Commercial Leasing are
disconnected. All complaints were forwarded to the Federal Trade Commission;
the appropriate state’s attorney general and a private attorney for review.
Some owner-operators have sought help from district attorneys in the counties
where these companies operate. If you have experienced similar problems, make an official
report to the FTC at 1-877-382-4357 and the attorney general in your state
and the state where the company is located. Your attorney general’s office
should be listed in the government pages of your local telephone directory. When a consumer calls these agencies, they usually will send
the consumer a complaint form. It is very important to follow through
with the complaint by filling out the necessary forms and returning them
to the appropriate agencies along with copies (not originals) of all relevant
documents. As with any business transaction, keep copies of all contracts,
invoices, receipts and correspondence, including any complaint forms filed
with various agencies. --Rene Tankersley, feature editor (As for Commercial Money Center, the company is going through
the bankruptcy proceedings. The bond insurance companies have their sets
of attorneys. Their fees range from $350 to $450 an hour, not including
legal assistants and aides, so whatever cash is generated will go to employees
with claims, government taxes and fees, then the attorneys. All the officers are back in the leasing business
under different names and entities. They claim they are innocent of any wrong doing or knowledge to any improprieties. Leasing News hopes to have an up-date regarding the Funding
Tree. Kendra Bernal has resigned as president and awaits her trial for
allegedly violating parole. ) http://www.utdallas.edu/police/wavs/DragnetSetting.WAV http://www.utdallas.edu/police/wavs/DragnetTheme.WAV --------------------------------------------------------------------- Equipment Leasing Association Accountants Conference Sept
9-11 For over 20 years, ELA’s Lease Accountants Conference has
provided companies like yours with the most up-to-date information on
lease accounting standards. In
the past year, the accounting profession has been thrown into the limelight
due to reports of non-compliance with these standards. If there was ever a year to attend the ELA Lease Accountants
Conference, THIS IS THE
YEAR! It is imperative that a
representative from your company attend this significant event, scheduled
September 9-11, 2002 at the Renaissance Mayflower Hotel, Washington, D.C. For complete details and to register, or to download a PDF
file of the conference brochure, go to:
http://www.elaonline.com/events/2002/leaseaccts/ Program highlights include: o Keynote addresses by SEC Deputy Chief Accountant Jackson
Day and FASB member, Michael Crooch:
What accountants must do now to accurately report the financial
condition of their companies. o The latest thinking and ELA’s analysis and position on
the Consolidation of SPE’s Exposure Draft: What will happen to Off Balance
Sheet Financing? o A discussion of the latest FASB deliberations on Guarantor’s
Accounting and Disclosure Requirements: What will this mean for Residual Value Guarantees? For complete details and to register, or to download a PDF
file of the conference brochure, go to:
http://www.elaonline.com/events/2002/leaseaccts/,
or email Janet Fianko at jfianko@elamail.com
for the brochure to be mailed to you. Look forward to seeing you at this important conference! Michael Fleming, President Equipment Leasing Association --------------------------------------------------------------------------- Hawaii Calling---This is Bette Kerhoulas Speaking http://www.utdallas.edu/police/wavs/DragnetJob.WAV Bette Kerhoulas, incoming president of the United Association
of Equipment Leasing Association, called from the main island in Hawaii.
She is on vacation from Pacifica-Capital, and promised her husband not to bring
a lap top, but she calls in every day. It seems even though Leasing News said she was on vacation,
she and her staff received many telephone calls. No, she says, they don’t need to borrow any money. They have cash to pay any fines or penalties,
plus they do not believe the Franchise Tax Board is correct. It does appear that document fees for mortgage loans are
taxed by the Franchise Tax Board. At least,
she says that is what they claim. The mortgage companies do not charge the borrower for the sales tax, but they pay
it. It appears if the charge is with the other cost, it is part
of the sale. If it is separate,
meaning a separate letter, then it may be considered “labor” and not taxable. Certain states already charge sales tax on passing title,
it appears, such as Texas. The key is the wording on the master document, but it now
appears the California Franchise Tax Board will be auditing all leasing companies
in California during the next two years to see if they are compiling, and if not,
they owe the sales tax plus ten percent interest per year for the last three
years. From Hawaii, she says she does not know if the UAEL Sales
Tax meeting will discuss this, or whether the representatives will have all
the definitive answers, but at Leasing New’s request, she is going to have a Mai
Tai. http://haleokala.com/bobblez.mid --------------------------------------------------------------------------------
Santa Barbara Bank and Trust’s discounting agreement does
not pass title. Another consideration
and argument that should be made to the Franchise Tax Board is that title
can only be passed if the underlying transaction is a true lease. Otherwise the lessor never has title. Regardless of what the document says, lessors
should examine the substance of the transaction as well. All the lessors that are arguing with the Franchise Tax Board
should ban together and hire a good attorney who has experience in this
area. I would suggest Carey Boyden
in Sacramento. This is an industry
challenge that we need to fight together. It is another example of the impact of our State’s poor management
and the need for revenue at all costs that are threatening the small business
person. Paul J. Menzel, CLP Senior Vice President / General Manager Leasing Division SANTA BARBARA BANK & TRUST P.O. Box 60607 Santa Barbara, CA 93160-0607 1 South Los Carneros Road Goleta, CA 93117 Dir Ph# (805)560-1650 Email PaulM@sbbt.com --------------------------------------------------------------------------------------- Federal and State Income Tax Issues, Too The question of just selling rents or providing title has
federal income tax issues as well. If a leasing company sells the payment
stream on a non recourse basis and retains title then you have to look
to see if the transaction is a tax lease. The lessor retainsMACRS depreciation but must report as income
the full discounted rent from the funding source because the non-recourse
means there is no liability to return it so it becomes earned at once.
Some believe that by not taking depreciation they have no quarrel with
the IRS when in fact the question is “how much income to report”. As the owner you
report rent income not the fee you earned. If you hold title on a true
lease and sell the stream, on a non recourse basis, your income is the
discounted rent amount received and it is only off set with the first
years MACRS depreciation. That is why many lessors sell the title and
obtain a remarketing agreement to obtain residual or purchase option rights.. This California sales tax question now puts an additional
problem to sell or not to sell the title .. Terry Winders CLP ----------- This is not the first time the State Board of Equalization
is visiting this issue. I worked for a leasing company in the 70’s and early
80’s who got “trapped by their logic. Because I was a partner in a general partnership, they levied
a number of partners personal bank accounts to get their money. It took
4 years to get that money back because a suit was brought.( not by us)
( Enterprise Leasing I think) and it was determined that just having the
word sale in the documents between you and your lender did not constitute
a sale. It was the “intent of the document and not the form” that was
binding and relevant. The only upside of the whole nightmare was that while the
state board had our money, they were charging and paying about 5% more
than banks. When it was finally resolved, our “enforced savings accounts”
had all grown nicely. I’m getting really sick of governmental agencies waking up
every morning with the thought “ Who can I get money from now?” Doris Tamboryn J.G. Capital Corp. --- I’m not sure why everyone is surprised about the State of
Ca’s position on collecting tax on discounted leases. This has always been the rule (as far back as I can remember). There were several
UAEL sessions on the topic.
When they need more taxes, they enforce stronger.
Wasn’t there a 90 day rule (discounting took place within 90 days)
that saved a lot of lessors in the past?
Someone may be able to look into the specifics to help out Bette. Hope this helps. Jim Swander Jim Swander <jimswander@sprintmail.com> -------------------------------------------------------------------------------------- Heat records fall in western Oregon The Associated Press PORTLAND, Ore. (AP) -- Records were accumulating faster than
beads of sweat Tuesday as at least 10 Oregon cities had afternoon temperatures
of more than 100 degrees. More than a dozen cities in the western part of the state
set records, including Portland, which declared an "orange"
air pollution warning because of high ozone levels. The air quality warnings mean that state officials expect
high temperatures and low-level winds, which mix with auto exhaust and
other pollutants to create high levels of smog. In Medford, smoke from forest fires mixed with the state's
worst heat -- 108 degrees -- to create breathing woes. "To add insult to injury, we're probably looking at
some high ozone numbers here as well," said John Becker, an Oregon
Department of Environmental Quality air quality expert in Medford. "Right
now, the best advice is, if you've got smoke around you, try to take it
easy." Particle pollution, such as that from fires or diesel engines,
is even more dangerous to health than ozone pollution, said Michael Heumann,
an environmental epidemiologist for the Oregon Public Health Service.
That's because particles carry chemicals on their surface and lodge in
the lungs, he said, instead of being breathed out like other pollutants. While wildfire smoke continued to cause problems in a few
cities, such as Brookings, wind helped keep Klamath Falls, Eugene and
other cities relatively free of smoke or ozone pollution. Roseburg reached 107 degrees, the second hottest spot in
the state, while Corvallis and Troutdale both hit 106, beating records
that have stood since the drought-plagued summer of 1977. Coastal cities were also hit hard by the heat wave. Astoria
logged a 95- degree day, 9 degrees higher than the previous record. Tillamook
also hit 95, beating its high by 11 degrees. Newport sweltered in 99-degree
heat, blasting past its old record of 83 degrees, set Aug. 13, 1942. But Florence was the hottest coastal spot, hitting 104 degrees.
To the east, Eugene recorded the same temperature, and Salem also hit
104, edging out a 103-degree record for Aug. 13 that the capital set in
1920. Gorge winds didn't save The Dalles, which hit 102. In Portland, the official high temperature as measured at
Portland International Airport was 102 degrees, topping a 96-degree record
set in 1992. ( How hot was it? Jim
Merrilees did not hit the golf balls after work. ) -------------------------------------------------------------------------------------------------- #### ################################################## CIT Small Business Lending Surpasses $2 Billion In SBA Loans Celebrates 10 Years Of Serving The Small Business Community LIVINGSTON, NJ - CIT Small Business Lending Corporation (SBL),
the nation's number one Small Business Administration lender and a unit
of CIT Group, Inc. (NYSE: CIT), today announced it has surpassed the $2
billion mark in total owned and managed SBA Loans made to small businesses
nationwide since 1992. "Growing the business unit from a start-up lender to
the nation's number one SBA loan provider for two years in a row is a
special accomplishment that we feel very proud of," said John Canning,
president of SBL. "Reaching $2 billion in managed assets in our 10th
year of operation, especially in such a challenging economic environment,
is a testament to the great entrepreneurial spirit that drives the U.S.
economy. SBL's focus is on serving the needs of all small business owners,"
added Canning. CIT Small Business Lending has a network of approximately
70 field sales offices throughout the U.S., and since its inception has
provided loans to over 7,500 entrepreneurs, helping them realize their
dreams of starting, acquiring or growing their businesses. Loans range
from $50,000 to $3 million, with the average loan size approximately $500,000. "We are also proud to have overseen more than $1 billion
in total project costs through our Construction Lending Department since
its inception in 1997," said Canning. "This demonstrates our
commitment to helping small businesses meet a variety of financing needs,
including building their business from the ground-up." About CIT Small Business Lending Corporation CIT Small Business Lending Corporation offers Small Business
Administration (SBA) loans to finance business acquisitions, owner-occupied
real estate purchases and franchise start-ups though a network of field
representatives. The nation's
#1 SBA lender, CIT Small Business Lending has been designated a "Preferred
Lender" by the SBA and can provide quick credit decisions and loan
closings. The company's website and online SBA loan application are located
at www.smallbizlending.com. ########## ################################################ HP Formally Announces HP Financial Services HP announced today ) HP Financial Services, the company's
new leasing and financial services subsidiary. HP Financial Services is
designed to enhance HP's worldwide sales efforts by delivering a broad
range of financial services and asset management capabilities that can
positively impact HP's customer and partner relationships and shareowner
value. HP Financial Services operates as a wholly owned subsidiary
of HP, and HP intends to include its performance as one of five segments
in HP's quarterly financial segment reporting. HP Financial Services represents
approximately 4 percent of HP's total revenue. Ten percent of total HP
sales are leased transactions. The merger of HP and Compaq has brought together more than
1,500 IT financing professionals -- managing nearly $10 billion in assets
in more than 50 countries -- to form one globally consistent team focused
on making the process of acquiring, managing and retiring IT solutions
simpler. HP Financial Services is the second largest captive IT leasing
company in the world and operates in more countries than any other leasing
company in its segment. "HP Financial Services brings to the new HP a centralized
business model for the financial services we offer our customers as part
of a total HP solution. We are confident our subsidiary will help fuel
company growth and increase shareowner value," said Peter Blackmore,
executive vice president, HP Enterprise Systems Group. "The new HP
is ready to execute for current and future customers, and HP Financial
Services is ready to meet their financial asset management needs throughout
the technology life cycle." HP Financial Services is headed by former Compaq Financial
Services president and chief executive officer Irv Rothman and has headquarters
in Murray Hill, N.J. Regional headquarters are in Dublin, Ireland, and
Sydney, Australia. Rothman brings 29 years of financial and leasing experience
to the company. "The combination of HP Technology Finance and Compaq
Financial Services has brought together two great organizations to create
a global leader in IT financing -- better equipped than ever before to
provide customers with globally consistent offerings and ready to take
our place among the best-performing financial services companies in the
world," said Rothman. "Customers are looking for solutions that
fully integrate products and services -- including financial services.
Our new organization helps sharpen HP's competitive edge by delivering
the broadest range of global IT financial services available." Rothman will be supported by a team of 11 senior executives
including: Tom Adams, Finance; Ed Andrews, Global Structured Finance;
Gerri Gold, Corporate Development; Ann Henry, Corporate Resources; Keith
Kendall, North America; Cynthia Klustner, Integration Management; Dan
McCarthy, Legal; Matt Minetola, Information Technology; Constantin Salameh,
Europe, Middle East and Africa; Cintia Silverstre, Latin America; and
John Sutherland, Asia Pacific. Current customers from HP and Compaq will
continue to receive the same level of service and quality they have come
to expect from their account teams. ############# ################################################# Wine consumption grows in U.S. in 2001 Despite a slow economy and slow travel and hospitality industry,
U.S. wine consumption is growing, a new handbook showed. The 2002 edition of the Adams Wine Handbook showed that U.S.
wine consumption rose to 233.7 million 9-liter cases in 2001, up about
0.8 percent frm last year. In the last seven years, annual compound growth
was 3.6 percent Table wine, the largest category with a nearly 90 percent
market share, was the cause behind the increase, the handbook showed,
and was the only category to grow last year. Imported wine grew 6.4 percent
last year, while total domestic wine dropped 0.6 percent. "Consumer demand for quality varietal wines from around
the globe, coupled with reports linking moderate wine consumption to good
health, has helped fuel the wine boom of the past eight years," said
Robert Keane, co-publisher of the Adams Beverage Group, publisher of the
handbook. Other factors attributed to the increase in wine consumption
is attractive prices of imports, better educated consumers and more variety. ------------------------------------------------------------------------------------------------------- French on road to mapping wine DNA The test allows scientists
to detect which grapes have been used in wines CNN PARIS, France—French wine experts believe they have found
a way to use DNA to tell the difference between a vintage and plonk. The National Institute of Agronomic Research (INRA) says
it has mapped the DNA sequences of unpurified wine which may allow them
to distinguish diluted wines from authentic champagne, or grand cru. French anti-fraud
investigators hope genetic tracing will become an alternative to current,
decidedly unscientific, ways of detecting fraud. Today, authorities rely on rigorous inspection of wine inventories
and the close monitoring of accounting books, rather than science. INRA scientist Philippe This said the technological advance
consists of taking unpurified wine made from a single type of grape and
tracing its DNA sequence to differentiate it from mixtures. He said: “It’s not quantitative—we can’t tell if a wine is,
say, 85 percent of one type of grape and 15 percent of another, but we
can determine which ones are present.” The INRA team has so far identified the genetic makeup of
wines from some 600 types of grapevine, less than one-fifth of the estimated
world total. However, the purification process strips out much of the
DNA from wine by the time it’s bottled. That means it may not be possible, at least in the near future,
for researchers to take a bottle off the store shelf, run a few tests
and determine whether it’s the real thing or a rip-off with a false label.
“It’s not even sure we’ll ever be able to do that,” This
said. “We should have the first confirmations within the next six months
or so about whether it’s possible.” Alain Chatelet, head of the wine inspection division of France’s
Competition, Consumption and Anti-Fraud Agency said: “We are very interested
in this research—it could give us an important additional weapon in the
fight against fraud.” Last year, the agency carried out about 26,700 checks across
France to crack down on wine fraud. In May, wine merchant Jacques Hemmer received an 18-month
prison sentence and was fined almost $1 million for trying to pass off
a mixture of cheap table wine as authentic Bordeaux. “It’s extremely easy to falsify the origin of wine,” said
Chatelet. “Right now, there are virtually no types of analysis that
would allow us to distinguish one wine from another.” ( They also claim
Zinfandel is not a California grape, but originally comes from Croatia???) ---------------------------------------------------------------------------------- Scientists map genetic code of wine—AP (different viewpoint
) By LAURENCE JOAN-GRANGE, Associated Press Writer PARIS (AP) - It may be less enjoyable than relying on taste
buds, but French researchers say they have found a way to use DNA to tell
the difference between a high-end wine and a cheaper blend. Scientists at the National Institute of Agronomic Research
recently succeeded in mapping the DNA sequences of unpurified wine, with
the hope that one day they can distinguish diluted wines from authentic
champagnes, or grand crus. So far, the technological advance consists of taking unpurified
wine made from a single type of grape - not the purified wine people drink
- and tracing its DNA sequence to differentiate it from mixtures, says
Philippe This of INRA’s wine genetics lab in the southern city of Montpellier. “It’s not quantitative - we can’t tell if a wine is, say,
85 percent of one type of grape and 15 percent of another, but we can
determine which ones are present,” he said. However, the purification process strips out much of the
DNA from wine by the time it’s bottled. That means it may not be possible,
at least in the near future, for researchers to take a bottle off the
store shelf, run a few tests and determine whether it’s the real thing
or a rip-off with a false label. “It’s not even sure we’ll ever be able to do that,” This
said. “We should have the first confirmations within the next six months
or so about whether it’s possible.” The INRA team has identified the genetic makeup of wines
from some 600 types of grapevine, less than one-fifth of the estimated
world total. Only about 200 types of grape are used in the wines consumed
today, This said. French anti-fraud investigators hope genetic tracing will
become an alternative to current, decidedly unscientific, ways of detecting
fraud. Today, authorities rely on rigorous inspection of wine inventories
and close monitoring of accounting books, not science. “We are very interested in this research - it could give
us an important additional weapon in the fight against fraud,” said Alain
Chatelet, who heads the wine inspection division of the government’s Competition,
Consumption and Anti-Fraud Agency. Last year, his division carried out
about 26,700 checks across France to crack down on wine fraud. “It’s extremely easy to falsify the origin of wine,” said
Chatelet. “Right now, there are virtually no types of analysis that would
allow us to distinguish one wine from another.” Other studies on the amino acids, isotopes and mineral content
in wine are under way, he said. In May, a court sentenced wine merchant Jacques Hemmer to
18 months behind bars, eight of them suspended, and fined him the equivalent
of about $1 million for trying to pass off a mixture of cheap table wine
as authentic Bordeaux. Wine is a vital industry in France, traditionally one of
the world’s top consumers and producers. In 1999, the last year such figures
were available, the value of wine production in France was about $9.2
billion, Chatelet said. About 800,000 people, such as growers, distributors
and vendors, are employed in the industry here Gimme That Wine http://www.epinions.com/musc_mu-68711/display_~full_specs ------------------------------------------------------------------------------------------------- Wineries Cheer Appellation's Failure By Michelle Locke Associated Press Writer PHILO, Calif. –– Morning and evening, winemaker Deborah Cahn
can see the Pacific Ocean fog lapping her vine-covered hills in the Anderson
Valley, its chill dankness fostering the "noble rot" that gives
a sweet and spicy kick to her vineyard's Gewurtztraminer varieties. Which is why she vigorously opposes the idea of lumping her
vineyard, 10 miles east of the craggy Northern California coast, into
a new "California Coast" wine region stretching 600 miles south
to the sun-baked Mexican border. "I grow grapes in what I think is a really superior
part of the world and I think having Anderson Valley on the label makes
a difference," says Cahn, who with her husband, Ted Bennett, started
Navarro Vineyards some 30 years ago. "I would not make as good a
Gewurtztraminer if I did not grow it in the Anderson Valley." The point of her winery "is to produce wines that reflect
a specific place at a specific point in time," she added. "When
the area gets too big, vineyard location and vintage variation becomes
meaningless." So far, regulators at the Bureau of Alcohol, Tobacco and
Firearms have agreed, rejecting the request twice, most recently in July. Still, the issue isn't finished in wine country, with both
sides claiming they're trying to find the best way to define wine. "There are labels on the market today that contain the
words 'California coast,' or 'California coastal,' but because that is
not defined, it's what is called a fanciful term," says Pete Downs,
vice president for government affairs for Kendall-Jackson Wine Estates,
a heavyweight that supported the new district. "We were looking for
a way to define that so that the consumer understood that that had some
real meaning." The issue demonstrates how seriously wine buyers examine
labels and how many vineyards are working to produce wines they believe
reflect the qualities of narrowly defined geographic areas, the concept
known by the French as "terroir." As recently as the late '70s, wines were labeled under loose
standards that allowed the use of many geographic areas. But in 1978,
the ATF began recognizing American Viticultural Areas, known as AVAs.
Once an AVA is established, wines may use the name, known as an appellation,
on the label, but 85 percent of the wine must originate from the named
region. California has more than 80 AVAs, and most went through with
little fuss. But not the California Coastal AVA, which was proposed in
1998 by a consortium of large winemakers, including Kendall-Jackson and
Robert Mondavi, to stretch from Mexico to Mendocino County. The request was rejected, but the petitioners came back in
2000 with a revised proposal for a "California Coast" designation. The proposed AVA would have included 68 smaller AVAs and
covered 22,000 square miles, going inland anywhere from 5 to 68 miles.
It would have joined the established South Coast, Central Coast, San Francisco
Bay, and North Coast AVAs and filled in gaps in between. More than 470 people sent in comments to regulators, nearly
all of them negative. Opponents saw the plan as a marketing strategy looking to
capitalize on the popularity of California coastal wines. They say the
plan would confuse consumers. "Our emphasis really should be on strengthening the
appellations and we saw the broad profile of this particular proposal
in essence weakening us," says Tom Shelton, president of Joseph Phelps
Vineyards. Regulators agreed, saying the mountain ridges, interior basins
and coastal plains of the proposed district were too dissimilar to present
as one region with definable characteristics. At Navarro Vineyards, Cahn and Bennett have had success with
a number of wines, including the Gewurtztraminer, although it took a while
for them to appreciate their foggy advantage. For some years they threw
away grapes with botrytis until a European visitor showed them that, properly
handled, the grapes can be turned into smooth, sweet wines. They're concentrating on producing wines unique to their
location, resisting "a tendency in America to make everything taste
like Coca-Cola," says Cahn. "We think it's more important to
have a product that tastes better some years ... but really represents
the time and place." ––– On the Net: http://www.navarrowine.com/main.php By Associated Press WASHINGTON - The nation's top securities regulator warned
business lawyers yesterday they must represent the interests of shareholders,
not just chief executives, lest they face the same oversight and penalties
now visited on accountants and corporate chieftains. Securities and Exchange Commission chairman Harvey Pitt noted
that lawyers already face more federal scrutiny because of a new law to
crack down on corporate fraud and stiffen penalties for wrongdoers, including
the power to go after ill- gotten legal fees. There may be more to come,
Pitt said. The law ''should alert this group that, in addition to auditors
and corporate leaders, Congress believes that lawyers representing public
companies also have responsibilities requiring governmental definition,''
Pitt told business lawyers gathered for the annual meeting of the American
Bar Association. ''Lawyers for public companies represent the company as a
whole and its shareholder-owners, not the managers who hire and fire them,''
Pitt said. Pitt, a securities lawyer before he joined the Bush administration,
noted that most lawyers balk at the idea of Congress or federal agencies
dictating lawyer conduct. The legal profession is supposed to operate
largely under it own ethics code, with state bar associations policing
misconduct. Pitt said he is disappointed by a lax response to cases of
possible securities fraud or other lapses that his agency has referred
to state bars. The new law gives the SEC new power to police lawyers, as
well. Lawyers must now report some kinds of misconduct to company higher-ups
or to the board or directors, with the SEC the arbiter of whether lawyers
did enough. ------------------------------------------------------------------------------------------------------- ################ ##################################################### ePLUS REPORTS FIRST QUARTER FINANCIAL RESULTS: REVENUES INCREASE DUE TO ACQUISTIONS AND CUSTOMER GROWTH Revenues Increase 35% to $72 Million; Net Earnings Decline
7.6% to $2 Million HERNDON, VA - - ePlus inc. (Nasdaq NM: PLUS <http://finance.yahoo.com/q?s=plus&d=t>
- news <http://biz.yahoo.com/n/p/plus.html>),
a leading provider of Enterprise Cost Management (ECM) today announced
financial results for its first quarter ending June 30, 2002. For the quarter, as compared to the same period
the prior fiscal year, total revenues increased 35% to $72.2 million from
$53.3 million, net earnings declined 7.6% to $2.0 million from $2.1 million,
and fully diluted earnings per share declined 9.5% to $0.19 from $0.21. The increase in total revenues for the quarter was driven
by a 39% increase in sales of equipment to new customers from two acquisitions,
and increased equipment orders from ePlus’ existing customers. Phillip G. Norton, chairman, president and
CEO of ePlus stated “Our acquisition strategy is to expand our geographic
footprint and acquire new customers. With the acquisition of SourceOne
in October ‘01 and Elcom in March ‘02, we strengthened our competitiveness
and visibility in New England, New York, New Jersey, and California, and
acquired several hundred new customers.
We have integrated and retained the acquired customer base, and
have successfully introduced other ePlus Enterprise Cost Management products
to these customers.” “ePlus began a number of pilots for Procure+ and Content+
for Fortune 1000 companies” continued Mr. Norton. “If they are successful, they should transition to multi-year license
and subscription deals in the next few months. This area looks promising, and our pipeline
of new opportunities is strong. In
many cases, we competed against the best vendors in the industry or displaced
incumbents to win the pilot.” During the quarter, ePlus incurred higher general and administrative
expenses, including a 60% increase in salaries and benefits, from $7.0
million to $11.2 million. Total
headcount increased from 460 to 590 from June 30, 2001 to June 30, 2002.
ePlus incurred expenses related to the transition of the acquired
customers and systems, including the changeover of approximately 40 customers
from Elcom’s internet procurement system to ePlus’ Procure+, and integration
of the SalesTrak order automation and tracking system acquired from Elcom
into ePlus’ systems. The transition was substantively completed
by July 31st. Mr. Norton said. “We
are incurring higher costs as compared to prior years, to hire and support
a greater sales staff, expand locations, improve our products, and increase
marketing activities. All of these
investments are highly focused on increasing our customer base and revenues.
We believe it is important to make this investment today, while
our competitors are shrinking, to be better positioned to capture growth
in the future. Our success this
quarter is clear evidence that our strategy is right on target.” During the quarter, ePlus generated cash flow of $4.1 million,
and its cash position grew from $28.2 million to $32.3 million. Total shareholder’s equity grew to $108.2 million
or $10.30 per share (fully diluted).
Highlights * ePlus announced
ePlus Enterprise Cost Management (eECM), a holistic approach to generating
cost savings throughout an enterprise. eECM combines ePlus’ leading software, business process services,
sales, and financing services. ePlus
hosted its first webinar and sponsored its first white paper, “Enterprise
Cost Management: A Holistic Approach to Capturing and Sustaining Cost
Savings” by Aberdeen Group, Inc. * ePlus Content
Services signed four Content+ licenses or services agreements. Each transaction is structured as a pilot;
upon successful completion, transactions will continue as licenses or
subscription agreements. Although
there is a charge for each pilot, nominal revenues were recorded during
the quarter ending June 30, 2002. * ePlus Systems
signed four Procure+ licenses, pilots, or software upgrades, two of which
replaced competitor’s systems. Of the eight Content+ and Procure+ customers, one is in the
Fortune 100, two are in the Fortune 500, and one is in the Fortune
1000. * ePlus rolled
out Manage+ v3.0, which includes an updated Application Security Layer,
enhanced reporting, new global update feature, and comprehensive search
feature, and announced its first customer on the new version, Towers Perrin. * ePlus continued
to provide financing for a broad range of commercial, educational, and
governmental customers, including the U.S.
Coast Guard, Westinghouse Savannah River, Pennzoil Quaker State,
Alcoa, Remington Arms, Texas Health Resources, Boston University, The
Trane Company, Whirlpool Corporation, Williams College, RBC Dain Rauscher,
Carolina Power and Light, City of Raleigh, Duke University, General Dynamics,
Ingersoll Rand, and Meadwestvaco. * Amended a
State of New Jersey purchase contract acquired from Elcom, to ePlus Technology,
and increased the term to one year, facilitating the sale of equipment
and services to the state, municipalities, and schools. * ePlus continued
to sell equipment and services to a broad range of commercial, educational
and governmental customers, including multiple educational institutions
under the PEPPM contract, AOL, the Commonwealth of Pennsylvania, Silicon
Valley Bank, VISA International, City of Raleigh, Food Lion, Martin Marietta
Materials, Salomon Smith Barney, U.S. Marine Corps, and
Pennzoil. * Formed a Canadian
subsidiary for servicing U.S. customers with operations in Canada. The financial results presented herein are unaudited. Investors are encouraged to review the company’s Form 10-Q which will be
filed on or around August 15, 2002, and to review other SEC filings including
the company’s audited financial statements contained in Form
10-K. Conference Call Scheduled for Wednesday, August 14th
at 11:00 A.M. The Company will host a conference call at 11 a.m. on Wednesday,
August 14, 2002. To listen, please
call (973) 633-1010 or toll-free 800-683-1535. Ask to be connected to the ePlus conference call. Live and archived webcasts can be accessed
from <http://www.eplus.com/news/073002.htm>. A telephone replay of the conference call will
be available by calling (877) 519-4471 or (973) 341-3080, and entering
the passcode 3409975 beginning at about 2:00 P.M. on August 14th
through August 24th. About ePlus inc. A leading provider of Enterprise Cost Management, ePlus provides
a comprehensive solution to reduce the costs of purchasing, owning, and
financing goods and services. ePlus
Enterprise Cost Management (eECM) packages business process outsourcing,
eProcurement, asset management, supplier enablement, strategic sourcing,
and financial services into a single integrated solution, all based on
ePlus’ leading business application software.
Profitable since inception in 1990, the company is headquartered
in Herndon, VA and has more than 30 locations in the U.S. For more information, visit our website at
www.eplus.com <http://www.eplus.com>, call 800-827-5711 or
email to info@eplus.com <mailto:info@eplus.com>. ePlus™, ePlusSuite™, Procure+™ , Manage+™ , Service+™, and
MarketBuilder™ are trademarks of ePlus inc.
ePlus Enterprise Cost Management, eECM, Pay+ and ePlus Leasing
are trademarks applied for of ePlus inc.
Finance+SM is a registered service mark of ePlus inc. ePlus Content
FrameworkSM is an applied for
service mark applied ePlus inc. Other
marks referenced herein are property of their respective owners. “Safe Harbor” Statement under the Private Securities Litigation
Reform Act of 1995: Statements in this press release, which are not historical
facts, may be deemed to be “forward-looking statements”. Actual and anticipated future results may vary
due to certain risks and uncertainties, including, without limitation,
general economic conditions; the possibility of defects in our products
or catalog content data; our ability to hire and retain sufficient personnel;
our ability to protect our intellectual property; the creditworthiness
of our customers; our ability to raise capital and obtain non-recourse
financing for our transactions; our ability to realize our investment
in leased equipment; our ability to reserve adequately for credit losses;
fluctuations in our operating results; our reliance on our management
team; and other risks or uncertainties detailed in our Securities
and Exchange Commission filings. ePlus inc. AND SUBSIDIARIES CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS
(UNAUDITED) Three Months Ended June 30, 2001 2002
REVENUES Sales of equipment
$36,453,739 $50,631,880 Sales of leased equipment
452,108
4,611,303 36,905,847 55,243,183 Lease revenues 10,792,055 10,575,403 Fee and other income
5,595,434 6,356,694 16,387,489 16,932,097 TOTAL REVENUES 53,293,336 72,175,280 COSTS AND EXPENSES Cost of sales, equipment
31,351,389 45,389,224 Cost of sales, leased equipment 427,370 4,535,001 31,778,759 49,924,225 Direct lease costs
3,288,399 910,776 Professional and other fees 720,524 773,073 Salaries and benefits
6,966,460 11,178,983 General and administrative expenses 3,623,994 3,628,301 Interest and financing costs 3,350,257 2,410,584 17,949,634 18,901,717 TOTAL COSTS AND EXPENSES
49,728,393 68,825,942 EARNINGS BEFORE PROVISION FOR INCOME TAXES 3,564,943 3,349,338 PROVISION FOR INCOME TAXES
1,425,977 1,373,203 NET EARNINGS $2,138,966 $1,976,135 NET EARNINGS PER COMMON SHARE - BASIC $0.22 $0.19
NET EARNINGS PER COMMON SHARE - DILUTED $0.21
$0.19
WEIGHTED AVERAGE SHARES OUTSTANDING - BASIC 9,946,355 10,402,604 WEIGHTED AVERAGE SHARES OUTSTANDING - DILUTED 10,138,328 10,504,198 ############# ######################################### Merrill Lynch Takes Steps to Help Build Public Confidence
in American Business NEW YORK----Merrill
LynchCEO and CFO Certify Financial Statements; Firm Already in Compliance with New Regulatory
Proposals; Stock Options to be Expensed Merrill Lynch
(NYSE:MER) today announced further steps to strengthen its corporate governance
and financial reporting. The company has
submitted certifications attesting to the accuracy of its financial statements
as newly required by both the S.E.C. and the Sarbanes-Oxley Act recently
passed by the Congress. Chairman and Chief Executive Officer David Komansky
and Chief Financial Officer Tom Patrick signed and submitted the certifications
last Friday, August 9. Messrs. Komansky
and Stan O'Neal, president and chief operating officer, noted that Merrill
Lynch is in compliance with virtually all of the policies and procedures
embodied in new proposals by the New York Stock Exchange as well as those
mandated by the regulators and the Congress. "We have
a long tradition of strong corporate governance," they said. "For
example, we already have in place nearly all of the NYSE proposals." Among specifics: -- The Merrill Lynch board consists of nine independent directors -- with only the CEO and COO as employee members. -- The board's audit, compensation and nominating committees
are composed entirely of independent directors. -- Each of the directors on the audit committee has "financial
expertise," as required by the new proposals. -- The company's outside auditor, Deloitte & Touche, has
long reported directly to the board's audit committee. -- The independent directors periodically meet in private sessions
without management. Messrs. Komansky
and O'Neal noted that Merrill Lynch has long required shareholder approval
of equity-based compensation plans for executives. "A new rule calls
for shareholder approval of such plans for all employees - and we will
comply," they said. As part of an
industry-wide initiative, Merrill Lynch also said it will expense stock
options on its income statement in the future, under a methodology to
be developed, making it one of a group of leading financial services firms
to publicly announce the action. "This decision
is one of a series of steps we have taken and will continue to implement
to help build public confidence in American business," said Messrs.
Komansky and O'Neal. "We are joining other leading financial firms
in committing to the development and application of a uniform and consistent
method of expensing options - with an appropriate transition period."
The company expects the change to be effective for stock options granted
for the performance year 2003. The company also
noted that in the last two weeks Merrill Lynch's Global Securities Research
& Economics Group has initiated important new measures to help investors
better evaluate the financial performance of companies covered by the
firm. "We are requiring
all U.S. equity research reports to include earnings based on generally
accepted accounting principles (GAAP) in addition to any pro forma earnings
that companies may report," said Messrs. Komansky and O'Neal. "We
also have identified six key income statement and balance sheet measures
that will be incorporated as appropriate into our research reports to
help investors better evaluate the quality of a company's reported numbers." These new measures
"are above and beyond" a number of far-reaching research standards
adopted by Merrill Lynch earlier this year to strengthen the clarity,
independence and objectivity of its research. "Financial
institutions are the window through which investors see the capital markets.
It's incumbent on firms like ours to lead by example in the way we operate
internally and in the way we conduct business," they said. "We
are committed to doing everything we can to help build investor confidence
- in Merrill Lynch and in the financial markets." Merrill Lynch
is one of the world's leading financial management and advisory companies
with offices in 37 countries and total client assets of approximately
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212/449-9205 ############### ############################################ Former Detroit mayor to become first black leader of lawyers'
group By Gina Holland WASHINGTON (AP) The American Bar Association picked a black
former big-city politician Tuesday to break a 125-year string of white
presidents. Dennis Archer, a past Michigan Supreme Court justice and
two-term mayor of Detroit, was elevated to president-elect of the 408,000-member
association. He pledged to emphasize diversity in the group, which is
still mainly white 60 years after a ban on black members was lifted. ''Today is the beginning of a new chapter,'' Archer said
as his wife of 35 years, Trudy, wiped away tears. The Archers were joined
by Cecilia Marshall, the widow of Thurgood Marshall, the first black Supreme
Court Justice, and Sen. Hillary Rodham Clinton, D-N.Y. Archer, a native of 1,500-resident Cassopolis, Mich., grew
up in a home with no indoor plumbing and took weekly baths in a metal
tub. His father had a third-grade education and couldn't find good work
after he lost an arm in a car accident. Archer started working at age
8 with odd jobs like setting up bowling pins and caddying at a golf course.
He said a professor encouraged him to crack into the ''white''
bar 30 years ago and he decided ''it is better to work from within than
on the outside, throwing bricks and stones.'' Black lawyers who had been kept out of the ABA founded the
competing National Bar Association in 1925. Archer headed that group in
1983, while also working his way into leadership jobs for the ABA. The ABA elected Alfred P. Carlton of Raleigh, N.C., president
on Monday. Archer was selected to succeed Carlton in August 2003 and will
serve for one year. ''I am saddened that it has taken this long,'' said Arkansas
Appeals Court Judge Wendell L. Griffen of Little Rock, who is black. ''I
am hopeful that we will be able to replicate that, that the doors will
also be opened in law firms and law schools.'' While its ban on black members was in place, the ABA checked
to make sure applicants were white. There was an effort to run out several
black lawyers after they slipped through the application process in 1912.
The ABA ended the ban in 1943, but black membership stayed
small. In 1986, the group began a drive for black members, pressing
for ''full and equal participation'' of minorities and females. There
is evidence of the group's work. At the association' six-day meeting,
which ended Tuesday, there were multiple discussions about recruiting
black lawyers and keeping them in the profession. Also at this year's meeting, the group chose another black
lawyer Robert Grey Jr. of Richmond, Va. to follow Archer as president
in 2004-5. ''The ABA has acknowledged our history. People wish it weren't
so. Many of us are embarrassed by it. But those sentiments have opened
up hearts and minds to more inclusiveness. This is a different ABA,''
said Martha Barnett of Tallahassee, Fla., the second female ABA president,
who served from 2000-01. The ABA does not ask members to list their race, but it's
estimated that less than 3 percent of the group is black, a reflection
of the mostly white legal profession. Archer said Tuesday he will reach
out to encourage more young minorities to try law as a career. During his year as president, Archer will work almost full-time
for the group, meeting with leaders all over the world about issues like
legal representation for people facing the death penalty. ''It is mind-boggling to find myself where I am today,''
Archer said in an interview. ''You start thinking of the sacrifices that
have been made. So many lawyers couldn't go into the courtroom or use
the law library because they were people of color, indignities they had
to experience.'' On the Net: American Bar Association: http://www.abanet.org NAME: Dennis Wayne Archer. AGE-BIRTHDATE: 60; born in Detroit, Jan. 1, 1942. CAREER: Detroit mayor, 1994-2001; Michigan Supreme Court
justice, 1986-90; lawyer, law professor, special education teacher. EDUCATION: Graduate of Detroit College of Law, Western Michigan
University. FAMILY: Wife, Trudy DunCombe Archer, a judge in Michigan;
two sons ------------------------------------------------------------------------------------------------ IBM confirms plans to cut 15,000 employees NEW YORK (AP) After months of layoff notices, technology
giant IBM Corp. revealed that it's in the process of cutting more than
15,600 jobs, or 5 percent of its work force. -- Airline cutbacks, low-cost carriers shaping Boeing's future SEATTLE (AP) Even as Boeing's largest customer retrenches
and U.S. airlines continue to struggle, the company's commercial jet division
says its already-halved production plans have not changed and that overseas
markets are offering glimmers of hope. -- OfficeMax reports larger loss in second quarter CLEVELAND (AP) Office products retailer OfficeMax Inc. on
Tuesday reported stronger sales in the second quarter during what is typically
its slowest season, but said its loss for the quarter increased from a
year ago. -- Bankruptcy court examiner: Planet Hollywood forgave celebs'
loans ORLANDO, Fla. (AP) Planet Hollywood International Inc. wrote
off $5 million in loans to celebrities and created a ``tangled web'' of
insider deals that benefited top executives and other insiders, an independent
review of the bankrupt company shows. --- Bankruptcy court examiner: Planet Hollywood forgave celebs'
loans ORLANDO, Fla. (AP) Planet Hollywood International Inc. wrote
off $5 million in loans to celebrities and created a ``tangled web'' of
insider deals that benefited top executives and other insiders, an independent
review of the bankrupt company shows. -- At forum, Bush says times 'kind of tough' but better economy
ahead WACO, Texas (AP) President Bush said that ``times are kind
of tough'' as workers, investors and business leaders poured out their
anxieties Tuesday at an economic forum about lost jobs, falling stock
prices and the spread of corporate corruption. West Coast dock workers, shipping lines back at bargaining
table SAN FRANCISCO (AP) Contract negotiations between West Coast
dock workers and shipping lines resumed Tuesday after a two-week hiatus
filled with increasingly snappish rhetoric from both sides. -- Female doctors spend more time with patients, study suggests CHICAGO (AP) Female primary-care doctors spend more time
with their patients than male doctors and engage in more patient-oriented,
emotion-focused talk during office visits, a study found. --- Citigroup donating big sums to Davis campaign SACRAMENTO, Calif. (AP) Financial services giant Citigroup
Inc. is fighting on several fronts in California to influence key legislators
and Gov. Gray Davis. Sad fact, but it's time Davis ran into sunset By Mark Kiszla Denver Post Sports Columnist - GREELEY - It's
over. After 7,607 yards rushing in the NFL, two Super Bowl victories and
four surgeries to knees that have betrayed his greatness, this amazing
run of Terrell Davis' simply cannot go on. T.D. knows it. Denver coach Mike Shanahan knows it. So why cannot the Broncos say goodbye to T.D.? Because saying goodbye is always the hardest part of any
relationship built on guts and glory. The Broncos have loved Davis to the point of extinction.
They have ridden the best running back in franchise history into the ground. The player and the team both swear no decision has been made.
But do either the Broncos or T.D. really have any choice? It is time for Davis to retire from football. In his heart
and mind, T.D. does not want to leave the game. His aching body, however,
is screaming for him to quit. "Football is great, but it's not everything in life,"
Davis said. "I mean, it was fun while it lasted." Early Monday evening, it felt uncomfortably late to Davis.
Standing not far from the practice field where an unheralded sixth-round
draft choice from Georgia set his remarkable NFL dreams in motion seven
years ago, T.D. was buffeted by an uncommonly chilly summer breeze. And what sent shivers down the spine was the very real possibility
that No. 30 will not score a touchdown again for the Broncos. Davis is a young man still shy of his 30th birthday. Doctors,
however, have poked and probed his brittle, arthritic, degenerating knees,
then told T.D. the last words any athlete wants to hear. "In football terms, I'm pretty old," Davis said,
"especially as a running back." Shanahan possesses a harsh trait essential to a successful
NFL coach. His heart can keep beating with ice in his veins. Without a
trace a sentimentality, he has cut ties with star players from Steve Atwater
to Michael Dean Perry. But telling T.D. he cannot play any longer would
be far more difficult for Shanahan. Why? For it was Davis who once dashed to the huddle at the Super
Bowl, despite being blind from a throbbing migraine. If Shanahan had not
pushed T.D. way past the red line, using him to excess by handing him
the ball a nearly unfathomable 951 times during the 1997 and '98 seasons
alone, the knees of this tailback might not be in tatters now, but the
Broncos would definitely not have two championships in their trophy case. When Shanahan was asked point-blank, however, if he can now
trust Davis to be reliable enough to carry the load of being the Broncos'
workhorse, the coach's honesty was almost too much to swallow. "I don't think anybody knows the answers to the questions:
How much will he play? How long can he play? Will the knee hold up?"
replied Shanahan, later revealing the grim reality: "I cannot say
the chances are great." Davis has been a no-limit soldier of boundless courage. During
the past three seasons, however, T.D. has slowly been reduced to a painful
parody of the star he once was. Every Broncos teammate prays Davis can stay a step ahead
of the inevitable, for one more championship run, one more Pro Bowl season,
or even one more game. Tight end Shannon Sharpe, however, sees the truth.
In the eyes of T.D. is the obvious fatigue of a warrior who has been pushing
too hard through too much pain for too long. "At some point in time," Sharpe said, "you
have to realize that, "You know what? I've had a great career, maybe
it's time to focus my energies on something else.' " It makes us all feel a little older to realize that T.D.
has worn out his knees and his welcome in the NFL. Thoughts of retirement are whirring inside, and Davis will
not sleep soundly until a decision is reached. Just because the answer
is right does not make it any easier. "The hamster is up there running
on the wheel," he said. "I'm thinking about a lot of different
things." T.D. should walk away, while he still can, with his head
held high and no regrets. Go now, before Shanahan is left with no option except to
give Davis the harshest cut of all, or worse, before teary-eyed teammates
must drag Davis off the field with one of his lame legs dangling in pain. Davis rushed for 2,008 yards in 1998, covering more ground
in a year than O.J. Simpson ever did. He joins Joe Montana in a select
NFL club of nine players who have been named the MVP of both a regular
season and the Super Bowl. Nobody in league history except T.D. has ever
run undefeated for 100 yards in seven straight playoff games. Davis has achieved the impossible in football. Now, however,
he must do something even harder. Say goodbye. -------------------------------------------------------------------------------------------- E-Mail Removal Form: \http://65.209.205.32/LeasingNews/removalform.asp +++++++++++++++++++++++++++++++++++++++++++++++++ Subscribe, Unsubscribe, Make Changes E-Mail. You may subscribe
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