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Headlines--- Pictures from the Past---1985---Doug Pierce/Terry
Durham MBRM
buys entire software intellectual property of Cygnifi Mortgage
rates reach new low for eighth time this year "Assisting
lessors/brokers in finding funding for
"out-of-niche" transactions"
VebServ/SaleStream--Dan Sullivan
Wine
drinkers gaga over 'Two-Buck Chuck' ### Denotes Press Release One
of the Top Equipment Leasing Stories for 2002 Fraud
Charges For Executives At RW Professional Leasing -------------------------------------------------------------------------------------------- Pictures from the Past---1985---Doug Pierce/Terry Durham
Doug Pierce(left), Pierce Capital, San Luis Obispo, Ca visits Western Association of Equipment Lessor Funding Source Forum
participant Terry Durham, General Electric Credit Corporation --------------------------------------------------------------------------------------------------------- Classified---Help Wanted Sales: Small ticket leasing reps, General equip. Vendor leads
are provided. Great comp plan, Draw and Benefits. (6)nationally (3)in
the NE Fred St Laurent freds@bwresults.com Sales: Small to Mid-Size ticket leasing Reps. CA & others.
Many Vendor leads avail. Gen. Equip.and Auto Shop Equip. Strong Commish.
& Support. Adam at APetty@lvcm.com Sales: National: 7 offices Medical & IT/ plus. Seeking
professionals w/solid book of business & high ethics. Exceptional
support & commissions. Expenses paid. 616-459-6800 Email: gsaulter@chaseindustries.com
"UAEL" --------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------ ################ ############################################## MBRM buys entire software intellectual property of Cygnifi
(a J.P. Morgan spin-off) MB Risk Management (MBRM), founded in 1988 and recognized
pioneers in financial analytics, is pleased to announce that it has
purchased the rights to use the entire software intellectual property
of Cygnifi Derivative Services LLC. Cygnifi was formed by J.P. Morgan in February 2000 to develop
applications for derivatives pricing, portfolio valuation, credit
risk management, and collateral management.
Many of these applications have been based on software acquired
from J.P. Morgan through the spin off and are considered to be "best
in class." http://www2.jpmorgan.com/CorpInfo/PressReleases/2000/02012000_Cygnifi.htm The entire collection of Cygnifi's Intellectual Property
was valued at US$ 42 million at the company's formation. Subsequent to which US$ 22.3 million in first
round financing was raised in August 2000, which further enhanced
and expanded Cygnifi's product range.
Cygnifi filed for bankruptcy protection in October 2001. Dr. Mamdouh Barakat, President and Chief Executive of MBRM,
has been at the forefront of derivative software for fifteen years. In 1988 he founded MBRM and has succeeded in
building up a client base of over 1,500 institutions and 30,000 users
world-wide. He believes the
acquisition of the rights to the Cygnifi applications will significantly
enhance the existing MBRM product range.
He added, "When I was approached to acquire the rights
I saw it as an opportunity to expand our presence and profile within
the market. These applications will complement our existing toolbox
approach and complement many of our existing initiatives.
MBRM aims to enhance its existing UNIVERSAL range of software
and services by integrating them with the best components from Cygnifi's
systems and promoting a best of breed solution. The enhanced offerings will be fully supported
by MBRM". Dr. Barakat commented that "it is intellectually
exciting to be involved with the constant evolution of analytical
and risk management products but the compelling challenge has always
been to be remain committed to the clients' needs and provide consistent
product support and enhancements which keep up to the clients' evolving
requirements". Among the intellectual property acquired by MBRM from Cygnifi
are: • Kapital Risk
Management System, a portfolio and risk management application; • Aladdin,
a spreadsheet based multi-currency pricing tool; • Cygnifi Analytics
Library, the result of seven years of development; • Sampras,
a system for monitoring counter party credit exposure and risk; • Collateral
Manager, a collateral operations support system; • Collateral
HeatMap, which provides collateral managers with advanced tools for
evaluating risk in a collateralized portfolio; • Trinity, a
legal information service; • Jamshidian
Swap Market Model, a leading edge, proprietary swap market model;
• BLUE Derivatives
Pricer, a derivatives valuation application; • Djinni Swaps
Pricer, an interest rate swap valuation application; • Derivates
Studio Web-based Derivatives Pricer, an interest rate and FX derivatives
valuation system; • Vizz Valuation
Service, a web application to manage a portfolio of flow and exotic
interest rate derivatives online; • Mondrian,
a P&L and Positions consolidation system. For further information, please contact the MBRM Press Office
: E-mail : pressoffice@mbrm.com or Dr. Mamdouh
Barakat President
and Chief Executive E-mail : mamdouh@mbrm.com Mortgage rates reach new low for eighth time this year By Jeannine Aversa ASSOCIATED PRESS WASHINGTON – Rates on 30-year mortgages dropped to a new
low this week, the eighth time that has happened this year. The average interest rate on a 30-year fixed-rate mortgage
fell to 5.93 percent for the week ending Dec. 27, down from 6.03 percent
in the previous week, Freddie Mac reported Thursday in its weekly
nationwide survey of mortgage rates. This week's rate was the lowest since the mortgage giant
began tracking 30-year mortgage rates in 1971. It surpassed the previous
record low rate reported by Freddie Mac of 5.94 percent set in the
middle of November. That marked the eighth time this year that the rate on this
benchmark mortgage as tracked by Freddie Mac hit a new low. Records
that reach back earlier than Freddie Mac's put this week's 30-year
mortgage rate at the lowest since 1965, said Freddie Mac spokeswoman
Eileen Fitzpatrick. Rates on 15-year fixed-rate mortgages, a popular option or
refinancing, fell this week to 5.32 percent, compared with 5.42 percent
in the prior week. For one-year ARMs, rates dropped to 4.01 percent this week,
the lowest level since Freddie Mac began tracking these rates in 1984.
Last week's rate was 4.07 percent. Low mortgage rates this year have been feeding a flurry of
home mortgage refinancing activity. The extra monthly cash consumers
are saving by refinancing their mortgages at lower interest rates
is helping to support consumer spending, which has been the main force
keeping the economy going this year. The Mortgage Bankers Association of America said that refinancing
activity accounted for 72.5 percent of total mortgage loan applications
filed last week. That was down slightly from 73 percent the previous
week. Low mortgage rates also have been keeping the housing market
healthy this year, even as other parts of the economy are struggling
because of the uneven economic recovery. Home sales are on track to
post a record this year. Frank Nothaft, Freddie Mac's chief economist, called 2002
an "amazing year" for housing. "The annual average for the 30-year fixed-rate mortgage
rate this year was about 6.5 percent, the lowest annual average in
more than 31 years," he said. "That was the primary factor
that led to an incredible amount of home building, home sales and
refinancing, all of which helped keep the economy from another recession."
This week's mortgage rates do not include add-on fees known
as points. Each loan type carried an average fee of 0.6 point this
week. A year ago, 30-year mortgages averaged 7.16 percent, 15-year
mortgages were 6.65 percent and one-year ARMS stood at 5.25 percent.
–– On the Net:
End of Year Cartoon
http://two.leasingnews.org/cartoons/usark.gif ------------------------------------------------------------------------------------------ VebServ/SaleStream--- Dan Sullivan I read your newsletter nearly every day and appreciate your
efforts. Regarding the VenServ / SaleStream news item, the leasing
support role has been moved from SaleStream to a company owned by
David Murray (sp?) in San Diego.
Two existing sales people and an operations person have moved
to the new company's payroll and are on-site at Ingram Micro.
This small group continues to manage the leasing volume generated
through the Ingram Micro Resellers. ABB was a significant funding source but others are being
used to fill the void. From
what I can tell, the x-SaleStream employees have done a great job
of keeping the business flowing during the transition. SaleStream continues to have a relationship with Gateway
to provide sub-prime financing for their customers. This is SaleStream's only product today. Gresham Financial Services (Irvine, CA) is working with Ingram
Micro to provide financing support to their Reseller customer base. We do not provide a leasing product but do
provide a Reseller revolving credit facility and an End User financing
(which is similar to the leasing product). I left SaleStream to join Gresham in November. I left Amex shortly after the Sierra Cities
acquisition. Regards, Dan Sullivan, dsullivan@gresham-financial.com (Perhaps it is the same David Murry of Preferred Capital
fame; Preferred
Capital, Tahoe City, California ( also known as Preferred Lease ) He
and Louis Schneider were founders
of this company who used plastic “pre-approved”
leasing cards, phone banks of college students, and sold many
leases to the late Advanta Leasing, Comerce Security, among others.
VenServ was also active in the same marketing venue. CapitalWerks purchased
the company from great financial difiiculty due to many factors, including
the lack of available small leasing application funders. Preferred
DID generate a fair amount of loyalty to their employees due to some
of the percs: free season pass to skiing, various company-paid outings
(i.e. white water rafting) and bonuses (gave away a snowmobile once...)
Their former employees are not talking much as everyone was very happy. --------------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Wine drinkers gaga over 'Two-Buck Chuck' Carol Emert, San Francisco Chronicle Staff Writer Andy Brown, a Trader Joe's clerk, took a bottle of $1.99
Charles Shaw wine to his best friend's parents' house for Thanksgiving.
The parents are wine snobs, he says, and can afford to drink just
about anything. But Brown got a surprise when he revealed the trick to his
friend before dinner. "My parents already pulled that one on
you," his pal says. "They served Charles Shaw at my wedding
this summer." "Two-Buck Chuck" has created a cash register tsunami
at Trader Joe's, the line's exclusive retailer. Wine drinkers are
stuffing their shopping carts with multiple cases, wowed by easy-drinking
Cabernet Sauvignon, Merlot, Chardonnay and Sauvignon Blanc selling
for the price of bottled water. Introduced in February, the Charles Shaw label is on track
to be one of California's top-selling 750-ml wines this year, and
one of the top 20 brands in the country, says wine industry consultant
Jon Fredrikson, who estimates sales at about 1 million cases in 2002. Charles Shaw is easily No. 1 in terms of buzz. Wine chat rooms on the Internet are atwitter with Charles
Shaw myths -- even as the real Charles Shaw, who left the wine business
in 1991, works in relative obscurity for a software firm in Chicago. One legend contends the wine was dumped by airlines because
of a post Sept. 11 corkscrew ban. Another maintains that a winery
owner named Charles Shaw is ditching the stuff to reduce his assets
in a divorce settlement. The real story is that the original Charles Shaw winery was
disbanded in the early 1990s after its owners divorced, and the label
was sold to Bronco Wine Co., a mass-market producer in Ceres (Stanislaus
County). The name fell into disuse and was resurrected at random earlier
this year for Trader Joe's. The $1.99 price is a matter of simple economics. The United
States is facing an unprecedented wine glut because of overplanting
during the 1990s boom years, combined with consumer and restaurant
demand that began shriveling during the recession -- and seriously
dried up after Sept. 11. Bulk Chardonnay that once sold for $6 to $8 a gallon can
now be had for $1 - - less than the cost of production. Grapes are
withering on the vine from Fresno to Monterey because picking them
would cost more than they would fetch at market. Thus wine marketers are "buying wine way below cost
and passing that along to the consumer," says Fredrikson, noting
that low-end brands such as Glen Ellen were built during a similar
glut in the 1980s. The surplus is expected to last another one to
four years. Bronco has been using both its own grapes and buying bulk
wines from San Joaquin County, Sacramento, Lodi and Mendocino, says
Bronco spokesman Harvey Posert. Bronco has an extra financial edge -- a distributor's license,
which allows it to ship directly to stores in California. But it must
still hire wholesalers in other states. Two-Buck Chuck costs around $3 outside of California -- largely
because of distribution costs, says Chris Condit, Trader Joe's wine
buyer. The distributor's license "is our big advantage,"
says Bronco president Fred Franzia, adding that he is not surprised
at the meteoric rise of Charles Shaw. "I was expecting a bigger
reaction because of the quality," he says. It is fitting that Bronco, which makes a host of low- cost
wines including Hacienda and Forestville, is upending the wine world
with this new venture. The curmudgeonly Franzia, who owns Bronco with
family members, is known as a Wine Country bad boy. Napa County vintners have been tussling with Bronco for years
over its brands, such as Napa Ridge, that use Napa in the name but
are made of grapes grown elsewhere. Bronco won a court round in the
matter last week, but is likely to face an appeal. Bronco was also in the news in 1993 when Franzia and his
company were fined $3 million for misidentifying grape varietals on
their labels. Franzia was forced to leave his president's chair for
five years. Another personality in the Charles Shaw story is, of course,
Chuck Shaw himself. Now 59, Shaw grew up in Michigan, attended West
Point and graduated from Stanford Business School in 1971. After working in Paris as a banker and befriending people
like negociant Georges Duboeuf, Shaw and his wife Lucy bought a winery
in Napa in 1974 to make Beaujolais. (A 1989 Chronicle article recommended
the $6.50 Charles Shaw Beaujolais under the headline "Light Reds
May Upstage White Zin.") The Shaws, who have five children, divorced in 1991 and the
winery changed hands a couple of times. Bronco bought the name in
1995. Lucy Shaw still lives in St. Helena. Chuck Shaw moved to Chicago in 1991, where he is now an executive
at a software firm. A friend sent him a newspaper article about the
new Trader Joe's line, Shaw says, but he didn't read it. "It's hard for me," he says. "Gosh, I loved
the wine business so much. It's hard for me to think about it." As for the new incarnation of Charles Shaw wine, Shaw says
he has tried it, but prefers drier wines. "It's well made and
it is certainly an attractive value," he adds. It is a common practice among wineries to create steeply
discounted secondary lines to off-load their excess juice. Trader
Joe's, which sells gourmet foodstuffs at bargain-basement prices,
carries many such lines. Condit says sales of Charles Shaw have not eaten into the
rest of Trader Joe's business, in part because the glut -- which is
happening around the world, not just in California -- has pushed down
the prices of many wines. Some customers seem to be drinking more because wine has
become so affordable, he says. "A lot of people are trying (Charles
Shaw) and realizing they can afford to have a glass every day." Improving quality is another factor. "The ocean of wine that's hitting the market isn't mediocre
or bad wine -- that's the amazing thing," says Condit. "Everybody
is using oak barrels and stainless steel refrigerated tanks -- things
only superpremium wineries used to do." As a bulk wine leader, Bronco has become the eighth biggest
wine producer in California, comprising 2.6 percent of California's
wine production this year. That's up from 1.6 percent, and a 12th
ranking, in 2001, says Fredrikson. Charles Shaw accounts for most of that growth, but Bronco
brands such as Coastal Ridge and Forest Glen are also selling well.
"People are looking for value right now," Fredrikson says. Industry sources estimate Bronco is wholesaling cases of
Charles Shaw for $17 to $20 -- with bottles and corks accounting for
$6 to $7 of that -- and making $4 to $5 profit per case, with Trader
Joe's getting a similar cut. Condit declined to discuss Trader Joe's margins. Franzia
says, "Everyone is making a slightly reasonable profit." While consumers may be tempted to stock up on a 10-year supply
of Charles Shaw, Condit recommends drinking the white varietals in
one to two years and the reds within three. "These are fruitier, ready-to-go wines," says Condit.
"They are not Bordeaux by any means." E-mail Carol Emert at cemert@sfchronicle.com. --------------------------------------------------------------------------------------------------- One of the top stories this year had this headline from the
New York Times: Fraud Charges For Executives At L.I. Firm Metropolitan Desk New York Times ISLAND PARK, N.Y., --
Forty federal agents raided the small headquarters of a company that
leases medical equipment and arrested its top officers on June 21
for what prosecutors described as nationwide bank frauds that could
total $200 million. Just 10 days of investigation into a small part of the company's
dealings found $6.5 million of fraud, prosecutors said in United States
District Court in Central Islip, where three suspects were arraigned.
A fourth was arraigned in Boston. Prosecutors said that the company, the RW Professional Leasing
Corporation, concocted elaborate schemes using up to 100 rented mailboxes
as far away as California to send phony checks, sham invoices, bogus
leases and other false documents to banks in various states. Based
on those documents, the banks lent RW millions of dollars to buy equipment
and lease it out, prosecutors said. The schemes included multiple loans from different banks
for the same medical equipment and loans for equipment that was never
bought or leased, prosecutors said. Those arrested were RW's president and co-owner, Rochelle
Besser, also known as Rochelle Drayer, 66, of Long Beach; her brother,
RW's senior vice president, Barry Drayer, 62, who operated a branch
in Wellesley, Mass.; another brother, Roger Drayer, 59, of Long Beach,
who holds various titles; and Roger Drayer's daughter, Jennifer Tarantino,
also known as Jennifer Drayer, 31, of Oceanside. (There are several civil lawsuits brought forth by over a
dozen community banks and several "discounters" who claim
the same lease was sold two or three times to different lenders, including
non-existent equipment and altered leasing applications. Readers who
can up-date Leasing News on these activities please contact us at www.leasingnews.org) June 21,2002, forty FBI agents raided the offices of RW Professional
Leasing in Island Park, NY, on Long Island. Those arrested were RW's
president and co-owner, Rochelle Drayer Besser, also known as Rochelle
Drayer, 66, of Long Beach, California; her brother, RW's senior vice
president, Barry Not arrested was
Rochelle Drayer Besser's husband, Wallace, who reportedly has been
ill for the past three years and has not really been active in the
business since 1996, so that
probably explains why he was not arrested. However, he was named as
a defendant in a lawsuit filed on Tuesday, June 18th by a consortium
of community banks. and arrested Barry Drayer and Rochelle Drayer
Besser, Roger and Jennifer
Drayer. So far the investigation has found $6.5 Million of outright
fraud with a lot of hard evidence. Prosecutors said RW
Professional Leasing Corporation concocted elaborate schemes using
up to 100 rented mailboxes as far away as California to send phony
checks, sham invoices, bogus leases and other false documents to banks
in various states. Based on those documents, the banks lent RW millions
of dollars to buy equipment and lease it out, prosecutors said. The schemes included multiple loans from different banks
for the same medical equipment and loans for equipment that was never
bought or leased, prosecutors said.
It is said it may go higher than $200 million, including the
American Express-Sierra Cities portfolio. Vendors, brokers, attorneys,
and othersare owed money. There may also be “brokers” and others to be
named in the scheme. Leasing News had following the RW Professional story since
last year: (8/2001) "A
high ranking executive with Amex has verified that Amex is investigating possible problems with the portfolios of RW
Professional Leasing... "(9/2001)“-Interview with Charlie Lester. First, who
is he? After a 19 year sales and management career with IBM, Charlie
settled in Atlanta and somehow got into the leasing business in 1984.
In 1986, he founded Lease Pro, Inc. and operated it as a medical niche
broker until 1997 when First Sierra Financial acquired most of its
assets. The remaining assets were assigned to LPI Financial Services as a new corporate entity. “-After his two-year contract was honored, he resigned and
sat out his non-compete period before expanding LPI Financial into
a niche broker offering working capital loans to medical professionals.” To understand what went wrong, you need to understand how
discounting a lease and a private label program works. Discounting leasing is when you have a lease contract with
your name on it and discount the stream of payments to a buyer ( bank, funder,
syndicator) ( you may or may not keep the residual and may discount it too, meaning
present value the stream of payments and the residual, too ). You get paid
up-front, instead of the difference between the monthly interest earned and paid.
It may be recourse or non-recourse, but it certainly will have “representations
and warrants.” Sierra Cities bought many discounters local operations and
combined them into one, calling it a Private Label Program. They offered
the ability to continue to discount plus to accumulate leases and syndicate
them to the public for a better rate of return; a better margin and more
liberal credit policy. Westinghouse, CIT, Heller, Textron, and of course,
GE also have private label programs, but Sierra Cities carried the
Colonial Pacific Pegasus program one step further. In fact, this division
was making a $20 million annual profit from its inception. What made
it so successful: Oren Hall, Mark McQuitty, Jim Raeder, Charlie Lester, Fred
Van Etten, Mike Wing and others were in leadership capacity What went wrong? LN. I think you should explain what the Sierra Cities private
broker program worked to understand RW Professional Leasing as a Private
Label Recourse broker. Charlie Lester: A Private Label Recourse broker has a contract
with a funding source to buy deals at a buy rate 150-250 basis points
lower then their non-recourse brokers. In return, the recourse broker
is responsible for the collection of all monthly payments and in the
event of default, to repurchase the entire lease contract. The recourse
broker may also receive an even lower buy rate for handling all personal
property and sales taxes. ( somehow the arrangement right before the acquistion by
American Express went from recourse to non-recourse, it is reported. ) ---- this is only partial of the first of a three part interview
explaining how the private label
program works, now assembled here----- (9/2001)Open Question
for American Express Business Finance "Based on extremely
reliable insider information, Leasing News has been told that
a former First Sierra employee would be agreeable
to "give up" Depping in return for a lawsuit settlement
with American Express. The question is, "Does American Express
want Thomas Depping to ‘answer’ for actions he may or may not have
taken?" (In reality, American Express settled with
this person, Fred Van Etten, who obviously has signed an agreement not to talk publicly.) Another individual
known to Leasing News who did not want to be named says he was employed
by Sierra Cities, came into Houston for a meeting, and at a Chinese
Restaurant with Fred Van Etten, Greg McIntosh, Jim Raeder and perhaps
two other people, one of whom might have been Tom Depping,
when the conversation of RW Professional came up. ( He specifically
he did not remember if Depping was there, but he believed Depping was aware of
the Old Kent Financial deal with Barry Drayer. By the way, this person
is a regular reader of Leasing News. ). He told the gathering he knew the company as Professional
Leasing, who did a lot of dental business, when he was at the Vanguard Division
of Old Kent Bank for eleven years, this person ripped them off for between
$6 million to $10 million. Why should Sierra Cities do business with them? he asked. He was told Sierra Cities
had the company and personal guarantee---and it was recourse, so Sierra
Cities was allegedly protected. ( Now the case with American Express
Business Finance centers on “what happened to the recourse agreement?”
and was stock involved in the “arrangement?” What does Greg McIntosh
know? ( He says he knows nothing. Editor) Will Fred Van Etten talk? ( Not
today?) Will Jim Raeder speak publicly why he was let go at Sierra
Cities? P.S. It wasn’t about Republic Leasing. The spin doctors may
have put that out, but Fred Van Etten and Jim Raeder were let go for
the same reason. (Leasing News revealed some of it in Mark McQuitty’s
“Whatever Happened to Republic Leasing of Anaheim. Editor).What did
Oren Hall know?( Reached at his residence, he said he was retired
and didn’t want to make any comment?) Will Charlie Lester write the
entire story for Leasing News, naming names, places, dates? (Perhaps
we should have Charlie Lester on “Meet the Leasing News Maker.”)Did
it center around the Private Label Program and RW Professional? Is
that why Leasing News spent three days defining private label recourse
and non-recourse? Does the leasing public have the right to know to
protect themselves in the future? Perhaps from a legal standpoint,
do stockholders have the right to know the truth? Is fraud involved.
) How did RW allegedly get away with it with Vanguard? (He made a
deal.) Here is a ethics question for readers who are funders: Broker calls up funding source and says, "How did you
like the way I screwed you over for $10,000,000. Was it as good for you as it was
for me? Well, I thought it was fun and now you have a decision to make---do
you put me in jail and get nothing or will you settle for $3,000,000 and
give me a clean bill of health, so I can go back to business as usual?" To all the funding sources, what would your answer be? (None of the funding sources responded, as they knew they
would most likely take the money. Editor ) If your company policy
is to prosecute, how many fraudulent brokers, vendors or lessees have
you brought criminal charges against in the past five years? ( The answer to the question: Old Kent Financial took the
deal---and is reported American Leasing Express did the same thing. Not illegal,
but there are many community banks and individual lessees who wish
the deals had not been made. Editor ) (9/2001) Charlie Lester American Express and Private Label
Programs. http://www.leasingnews.org/docs/Private_label.htm .(10/02)RW Professional starts suit against Leasing News
for stories written (around this time the affects of the 9-11 tragedy affected
American Express, as well as others, as well as the legal action taken by RW
Professional, although we were still collecting background information and working
on several stories.) 10/2001) . There was a settlement m |