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Headlines--- Pictures from the Past—1985---Bob Jacobson Richard
Shapiro is Back in the Leasing Business!!! Rates
mixed in Treasury bill auction Resource
America Reports $8.6M loss for Fiscal Yr Sept.30,2002 As
Paper Checks Disappear, So May Some Fed Jobs Sales
of existing homes fell last month, remain on track for record year Tyco
Admits Using Accounting Tricks to Inflate Earnings
Top 10 box-office films of 2002 Cowboys
fire Campo; is Tuna next coach? ### Denotes Press
Release Many of us are very
much looking forward to this year being over. Time to start your New Year’s resolution, make a budget for
2003, and here’s to all who survived. Happy New Year Kit Menkin,
staff, Leasing News Advisory Board ---------------------------------------------------------------------------------------- Pictures from the Past—1985—Bob Jacobson
“Bob Jacobson, Tri Continental Leasing, Sunnyvale, California,
discusses his firm’s funding opportunities with Forum attendee.” In 1984, Robert S. Jacobson, III, was the Western Association
of Equipment Lessor president. At the
time he was vice-president, National Broker Division, Tri-Continental
Leasing Corporation, a division of a major telephone company. He had served as vice present and member of the Executive Committee. “I am looking forward to a very dynamic year for WAEL in
1984, “Bob said.” We are projecting a membership of 400 firms by year
end and further expansion of the benefits available to WAEL members. Development of a new long range plan for WAEL
and completion of our certification guidelines are two of the exciting
projects on next year’s agenda. With the support of the very capable
and enthusiastic Board members and Committee Chairpersons that have
been selected, we will see some very significant achievements.” WAEL Newsline,
December, 1983 He was recruited by Don Smith and Hy Bren of Interlease,
San Francisco in 1974, from Union Bank. He learned from this “super broker” and
“discounter” enough to start his own leasing company in the late 1970’s,
where Ben Millerbus served as his sales manager. They had a direct
sales force. In the next downturn of the industry, the company
split up: Millerbus left to start Pentek Leasing, San Jose, CA and
Jacobson, well-known for his late night poker games, set up a broker
“private label” and direct for Tri-Continental Leasing, then located
in Mountain View, CA ( next to Sunnyvale). In one of the next economic
down turns, the telephone company divested itself of this division.
Bob then went to work for Amembal, Deane & Associates. From memory,
he was here about a year before he left the leasing business to join
Hewlett-Packard, where he is today, a supervisor in the engineering
department, I am led to believe. . He lives in the Half Moon Bay area, California. Attempts to reach
him for a statement have not connected.
He has been angry at Kit Menkin for several years for not attending
his birthday party, and that’s Bob. ------------------------------------------------------------------------------------------ Richard Shapiro is Back in the Leasing Business!!! I do have a story to tell, I will take a few days to think
about it and you can expect my e-mail by the end of this week or the beginning
of next. I am back in the "Business", but this time with
a large public company that will treat me well and my new customer base are consumers
instead of business owners. I do miss the Leasing Industry and all the hard work that
I did, there are some real good people that didn't deserve the way they were
treated from companies like MSM Capital, Saddleback Financial, GSC Capital
and others. Richard Shapiro Richard_Shapiro@Countrywide.Com http://www.leasingnews.org/articles.doc/Shapiro_bio.htm ----------------------------------------------------------------------------------------------- "Brokers Beware" I thought I would share a rather bad experience with a so-called
lender / broker I ran into a couple of months back. These are the
type of people that really hurt our industry and reputation with both
lessees and lenders. If you are a broker
and run into an individual or company like the one here, run away
as fast as you can. And as
the wise man once said "If it is too good to be true, in the end ....it usually is" This company is from Southern California and I admit I didn't
run a full D&B on them before getting involved. I should have,
it brought up lots of questions that were not answered in the end. They came very highly recommended from a reputable
lender back East that was also surprised as to what they actually
were in the end. (Any company
that has the word 'Bank or Bankers' in their name, should, in my opinion,
actually BE a bank!!!) This company, that will go unnamed, represented themselves
as a lender or agent of large financial institutions that would be
considered a 'niche' lender and unavailable to most brokers. They have a full website and do a lot of medical financing. They
had very aggressive pricing available or they had sources that
will do tougher credits with low floating rates. The bottom line is whatever you would send to him for a 'look see'
was going to be approved. That's
the good news. The bad news is their
'lenders' require a non-refundable application fee, consulting fee,
origination fee, whatever they call it, to submit the package to their
credit committee. A very sizable
fee at that. And naturally,
in the end, their credit committee would decline the deal and ********** would keep the fee.
. There is not a lender out there that charges for submitting
an application, end of story, not one I've found (except this one).
So, be very careful of who you are working with and sending
your good clients to. And if it looks like a duck..........and quacks like a duck..........well,
you know! . And have a Very Happy New Year!!!! Name withheld P.S. I did file a complaint with the California Attorney
General’s office. (There is a company with a website that states: “Rates as low as 3.8% up to 15 year
amortization.” http://www.ticbankers.com/services.html.
No
street address or city on their web site. They apparently do not belong
to any leasing associations and the Better Business Bureau has no
record: TIC
Bankers 30011
Ivy Glenn Drive, Suite 221 Laguna
Niguel CA 92677 Business Started: Unknown File
Open Date: 01/22/01 Last
Report Date: 03/24/01 Principal
Contact: Unknown. Phone:
Not Available Fax:
Not Available EMail:
Not Available Web
Address: Not Available Bureau
ID: 13146721 Any
reader that may be able to give us a reference of TIC Capital, Inc.
d.b.a. TIC Bankers, please go
to www.leasingnews.org and utilize our contact
form. ) Rates mixed in Treasury bill auction By Associated Press WASHINGTON (AP) Interest rates on short-term Treasury securities
were mixed in Monday's auction, with rates on six-month bills dropping
to their lowest level on record. The Treasury Department sold $14 billion in three-month bills
at a discount rate of 1.185 percent, unchanged from last week. An
additional $16 billion was sold in six- month bills at a rate of 1.220
percent, down from 1.240 percent. The six-month rate was the lowest since the government began
selling these bills on a regular basis in 1958. The new discount rates understate the actual return to investors
1.207 percent for three-month bills with a $10,000 bill selling for
$9,970 and 1.245 percent for a six- month bill selling for $9,938.30.
In a separate report, the Federal Reserve said Monday that
the average yield for one- year constant maturity Treasury bills,
the most popular index for making changes in adjustable rate mortgages,
dipped to 1.41 percent last week from 1.43 percent the previous week. ------------------------------------------------------------------------------------------- Comdisco delays annual report By Associated Press WASHINGTON (Dow Jones/AP) Comdisco Holding Co. Monday said
it delayed filing its annual report with the Securities and Exchange
Commission in order to resolve accounting issues related to its emergence
from bankruptcy. Comdisco said the report, previously scheduled for Monday,
would be released January 14. The company emerged from Chapter 11 bankruptcy on Aug. 12
with a plan to sell off remaining assets over three years. The company said it will adopt fresh-start reporting and
is determining the impact on its financial statements. Rosemont, Ill.-based Comdisco leased computer, medical, telecommunications
and other high-tech equipment and provided security for corporate
computer systems. It filed for bankruptcy in July 2001. ------------------------------------------------------------------------------------------------------------- Open Letter for New
Year’s ---- Mark Murray Now that you are back in the North Pole, Santa, maybe you
could help me out with a great New Year's present You see I just started a new commission-only leasing job
and I haven't done a deal yet. In fact, the few deals I have found tend to implode
or self-destruct before my very eyes. Either the customer can't decide, the vendor can't deliver, or the lender can't approve. If its
not the rate, its the term, if its not the term its the pre-payment penalty,
if its not pre-payment penalty its the credit, and if its not the credit
its a secret and no one's talkin'. The only common denominator in all of my deals are the morons
who are customers and the hammerheads who call themselves vendors.
Some of these mental midgets have had the audacity to suggest that I'm
overbearing and abrasive, like gum on their shoe. So I call'em a couple times
a day for a months on end. Big deal! If they'd just return my calls,
I'd stop buggin' em! Why don't they know that? They have no idea how tough
it is out here. I don't know if its because I'm short, because I'm Irish,
or because I'm losing my hair, or all of the above. The leasing business
is just brutal. Santa, I have learned to live with all the curses and curveballs
life has thrown at me. Perhaps you ran out of money, or maybe some of the people
on your list were not nice, but naughty; maybe even real naughty.
You know, right now, I just don't care, so if you could send
me a list of who you were not able to deliver to, whether they were naughty or nice,
I don't care, even Dennis Kozoloski,if he wants to a radio radar for his
yacht that he travels to the Bahamas to visit his money. That's all I want
for New Year's. Names and numbers for all the other losers out there
who have told you what they want for Christmas, but didn’t deserve
a present from you. I'm especially interested in those who want airplanes,
buses, tractors & trailers, computers, phone systems, construction
equipment, office furniture, machine tools, printing presses, cranes, lasers,
fork lifts, concrete trucks, and any other kind of equipment they come up with. It sure would make it one Happy 2003 for my family and
I.. Mark Murray Lease Finance Group Eden Prairie, MN 55344 952 562 1509 --------------------------------------------------------------------------------------------- Cartoon---We Try Harder!!!
http://two.leasingnews.org/cartoons/wetryharder.gif --------------------------------------------------------------------------------------------------- We Get Letters---- Hi. In 1935, you have birthday of sportscaster and Hall of
Fame pitcher, but don't name Sandy Koufax as the person. Have a very happy new year. Barbara B. Low President BIBLIO.TECH P.O. Box 657 Lincoln, MA 01773 781-259-0524 (Right you are!!!
As usual! Editor) ---- Re: Leasing News
story December 30 on MSM Capital Excellent journalism. Congratulations Regards, Barry Reitman KEYSTONE EQUIPMENT LEASING, INC. baldguy@keystoneleasing.com http://www.keystoneleasing.com 1-800-225-3489 1-800-BALDGUY ----- Hi Kit: I got tickets to the 49er playoff game next week and will
be heading up your way to watch it. Haven't
been to five NFL games in the last 20 years so I guess it's about time. Do I need my parka and mittens for Candlestick? I promise to root for your 49ers, even though I'm an ex NYer.
I would imagine you occasionally have the same pangs when SF plays
the Giants. Growing up in the Bronx meant that my first football game
was at Yankee stadium watching the old football Yankees in the late forties.
They had a great running back named Buddy Young who used to play without
a helmet. He'd probably
last about 20 minutes doing that today. My next claim to fame in NY football circles was being at
the '69 (or was it '68) Championship when Unitas, Ameche and the Colts
beat the Giants in overtime. Word
was they didn't kick the field goal because Carroll Rosenbloom, their owner, had a lot of money on the
game and insisted on covering the spread. Anyway, thanks for the football update in Leasing News this
morning. That's how I found out who's playing (:-)). Have a great 2003. Ken Goodman kendg@msn.com (If it rains, bring rain gear, and most important are the
shoes. Wear boots, if you can. It will make a tremendous difference. No umbrella's, so rain gear, including boots, if it rains. We beat the Giants in the first game and have a good record
against them, but you never know at this time of the year, especially
with our poor coaching. Go Niners!!!! ------------------------------------------------------------------------------------------------ ############# ############################################ Resource America Reports
$8.6 million loss for Fiscal Yr Ended September 30, 2002 For the fourth quarter and fiscal year ended September 30,
2002, the Company reported a net loss of $8.6 million and $3.3 million,
respectively, as compared to a loss of $123,000 and net income of
$9.8 million for the fourth quarter and fiscal year ended September
30, 2001, respectively. PHILADELPHIA--( Resource America, Inc. (NASDAQ:REXI) (the
"Company") reported earnings from continuing operations
of $787,000 or $.04 per fully-diluted share and $8.4 million or $.47
per fully-diluted share for the fourth quarter and fiscal year ended
September 30, 2002, respectively, as compared to $3.4 million or $.19
and $14.1 million or $.76 for the fourth quarter and fiscal year ended
September 30, 2001, respectively. Included in net income from continuing
operations in the fourth quarter and fiscal year ended September 30,
2002 was a non-cash charge of $1.0 million resulting from the settlement
of a law suit. In connection with the Company's release from many of the
terms of the covenant not to compete with the successor purchaser
of its equipment leasing subsidiary, Fidelity Leasing, Inc. (sold
in August 2000 for $583.0 million including the assumption of $431.0
in debt) and in settlement of various claims arising from the sale,
the Company has realized a $9.4 million loss net of taxes from discontinued
operations. As a result of escrow provisions established at the time
of sale, the Company believes that this settlement will result in
a net cash cost to the company after taxes of $3.1 million. This settlement
will leave the Company's present equipment leasing subsidiary, LEAF
Financial Corporation, free to exploit what the company believes to
be substantial growth opportunities in expanding its asset management
business. EBITDDA (earnings before interest, taxes, depreciation, depletion
and amortization) for the fourth quarter and fiscal year ended September
30, 2002 was $6.9 million and $35.7 million, respectively, as compared
to $10.3 million and $46.2 million for the fourth quarter and fiscal
year ended September 30, 2001, respectively. EBITDDA without the charge
for the settlement would have been $7.9 million and $36.7 million
for the fourth quarter and fiscal year ended September 30, 2002, respectively.
The Company also reports record revenues for fiscal 2002 of $120.8
million. For the fourth quarter and fiscal year ended September 30,
2002, the Company reported a net loss of $8.6 million and $3.3 million,
respectively, as compared to a loss of $123,000 and net income of
$9.8 million for the fourth quarter and fiscal year ended September
30, 2001, respectively. Net loss per common share-diluted was $.49
and $.19 for the fourth quarter and fiscal year ended September
30, 2002, respectively, as compared to a loss of $.01 and net income
of $.53 for the fourth quarter and fiscal year ended September 30,
2001, respectively. Resource America, Inc. is a proprietary asset management
company that uses industry specific expertise to generate and administer
investment opportunities for its own account and for outside investors
in the energy, real estate finance and financial services industries.
At September 30, 2002, the Company managed approximately $1.2 billion
in these sectors as follows: Energy assets.............................. $360.3 million Real estate finance assets................. $628.4 million Financial services assets.................. $169.2 million CONTACT: Resource America, Inc., Philadelphia Steven Kessler, 215/546-5005 215/546-4785 (fax) ######################### ################################### As Paper Checks Disappear, So May Some Fed Jobs Electronic Payments Mean Less Work at Regional Banks By John M. Berry Washington Post Staff Writer Like other companies facing a decline in business, the Federal
Reserve has warned employees at its 12 regional banks that some of
them might lose their jobs in coming months -- because the volume
of checks being cleared by the Fed is declining. The regional reserve banks handle about 40 percent of the
nation's checks. Often the paper checks must be transported over long
distances before they get back to the institution where the check
writer has an account. And more than 5,000 of the Fed's 23,000-plus
employees help process those checks. In a typical letter sent this month to Fed employees, Robert
D. McTeer Jr., president of the Dallas Federal Reserve Bank, said:
"The Federal Reserve's national check business has experienced
significant losses in volume and revenue over a period of many months.
This volume loss is attributable to a number of factors including
consolidations in the financial services industry and greater use
of electronic payments." McTeer said the presidents of the 12 reserve banks recently
began a review of how to cut costs and "probably consolidation
of some check operations." "These initiatives are likely to result in downsizing
of staff to achieve the efficiencies necessary on a national basis,"
he said. "This review is expected to consider the full range
of options available to us, including voluntary and involuntary separation
policies, adopting special severance programs not currently available,
and, possibly, early retirement options," he added. Most of the employees likely to be affected work night shifts,
physically handling the billions of pieces of paper, running them
through machines that route them to the banks on which they are drawn,
and keeping a running total of the amounts to be credited and debited
to each institution. According to a Fed survey, checks were used in almost 60
percent of all non-cash retail transactions in 2000. But that share
had been declining for years, and after peaking in the 1990s, the
number of checks being written began to decline, too. By 2000 the
total number of checks written was 42.5 billion, down from 49.5 billion
in 1995. In contrast, in 2000 there were 15 billion credit card and
8.3 billion debit card transactions. Because of a little-known federal law, the Fed is required
to make a "profit" on its check-clearing and other payment
services. The law was passed to ensure that the central bank charges
a high enough price for services that private companies or organizations
would not be at a competitive disadvantage. As a result, the Fed is
supposed to charge enough to cover a variety of imputed costs, such
as a return on its investment in check-processing equipment, and an
imputed profit similar to that a private provider would seek to earn. Estimates presented in October to the Fed Board in Washington
showed that the system would receive an estimated $913 million from
all its priced services -- about 85 percent involve check processing
-- with expenses of $898 million, leaving a pro forma profit of $15
million. That "profit," however, was only about 92 percent
of its target. In response, the board raised fees for processing checks
by 3 percent, effective Thursday. At the same time, because of increased
efficiencies, fees for all types of electronic payment services were
lowered about 5 percent. ------------------------------------------------------------------------------------------------------ Sales of existing homes fell last month, remain on track
for record year By Jeannine Aversa ASSOCIATED PRESS WASHINGTON – Fewer previously owned homes were sold in November,
but sales for all of 2002 are on track for the best year on record
as some of the lowest mortgage rates seen in decades beckon people
to buy. The National Association of Realtors reported Monday that
sales of existing homes slipped to a seasonally adjusted annual rate
of 5.56 million in November, a 3.5 percent decline from the previous
month. The slippage came after sales jumped by 5.9 percent in October
to a rate of 5.76 million, the fourth-highest monthly pace on record.
Even with November's drop, sales remained quite good, racking
up the sixth best month ever and running 5.9 percent above the sales
pace of November 2001. The housing market has been one of few bright spots for an
economy struggling to regain its footing after being knocked down
by last year's recession. "Housing has remained a lone oasis of strength, keeping
the recession of 2001 mild and helping to keep the economy away from
a new recession this year," said economist Richard Yamarone of
Argus Research Corp. Stoked by low mortgage rates, sales of both existing and
new homes are expected to set records this year, which would outpace
the previous all-time high sales registered in 2001, economists predicted.
"For all of 2002, we'll easily surpass the record of
5.3 million sales in 2001, with sales topping the 5.5 million level,"
said David Lereah, chief economist for the National Association of
Realtors. On Wall Street, the Dow Jones industrial average gained 29.07
points to close at 8,332.85 in quiet trading. Low 2002 mortgage rates encouraged many people to refinance
their home mortgages. The extra monthly cash that homeowners save
by refinancing mortgages at lower interest rates has helped consumer
spending remain the primary force that has kept the economy going
this year. The average interest rate on a 30-year fixed-rate mortgage
was 6.07 percent in November, down from 6.11 percent in October. Last
week, rates on 30-year mortgages dropped to a new low of 5.93 percent,
according to Freddie Mac, the mortgage company. It began tracking
mortgage rates in 1971. Another factor motivating home buyers is solid appreciation
of housing values. That offers people attractive investments, especially
given the turbulent stock market, economists said. The national median price for an existing home in November
was $161,400, which represented a 9.7 percent increase from November
a year ago and the biggest monthly increase since July 1987, Lereah
said. The Realtors group predicts that for all of 2002, the median
housing price will show a 7 percent increase from the previous year,
which would be the largest annual gain since 1980. Last week, the government reported that sales of new single-family
homes in November jumped by 5.7 percent to a seasonally adjusted annual
rate of 1.07 million, the highest monthly level on record. Economists had predicted sales of existing homes would slow
in November after registering such a brisk pace in October. By region, sales of existing homes in the Midwest fell 3.9
percent in November from the previous month to a rate of 1.22 million.
In the South, sales dropped 4.8 percent to a rate of 2.20 million,
and in the Northeast sales went down 5.9 percent to a pace of 640,000.
In the West, sales were flat at a rate of 1.5 million. Looking ahead to 2003, "the housing market will be settling
into a somewhat slower but historically healthy pace," said Cathy
Whatley, president of the Realtors group. After cutting interest rates in November, Federal Reserve
Chairman Alan Greenspan and his colleagues decided this month to hold
rates steady at a 41-year low. Economists believe the Fed will keep
rates at that low level at its next meeting in late January. ---------------------------------------------------------------------------------------------- Tyco Admits Using Accounting Tricks to Inflate Earnings By ANDREW ROSS SORKIN and ALEX BERENSON New York Times Tyco International engaged for years in financial gimmickry
to inflate its earnings, the company acknowledged yesterday, saying that
it would erase $382 million in profits it had previously claimed. Tyco said that a five-month internal investigation had uncovered
a corporate culture that openly encouraged managers to push the rules
of accounting to mislead investors about the company's results. A
memorandum to employees at one division directed them to find cost
savings by "financial engineering." At another unit, employees
were told to "create stories" to justify an accounting change
that would improve Tyco's earnings. Until now, Tyco had contended that financial abuses at the
company were not widespread and that most of the abuses were related to the
criminal charges that its former chief executive, L. Dennis Kozlowski,
had looted the company of hundreds of millions of dollars. The report said that many of the accounting maneuvers at
Tyco, while stretching the rules, did not violate generally accepted
practices and therefore did not require additional restatement. Released after the stock market closed at 4 p.m., the report
was prepared by a team of accountants and lawyers hired by Tyco's
board in April. The team was led by David A. Boies, a lawyer who has
been hired frequently by companies under a cloud. Given the extensive size of Tyco's operations — which produced
$36 billion in revenue last year selling everything from surgical
supplies and security alarm services to plastic hangers and undersea
fiber optic cable — the investigators cautioned that they had not
uncovered "systemic or significant fraud." Still, the 33-page final report makes clear that the integrity
of the company's earnings suffered from "a pattern of using aggressive
accounting that, even when not erroneous, was undertaken with the
purpose and effect of increasing reported results above what they
would have been." The report also detailed more instances of excessive personal
spending of company funds by Mr. Kozlowski beyond his extensive art
collection, redecorated homes and his now infamous $6,000 shower curtain.
These included a newly discovered $110,000 hotel bill paid by Tyco
for a 13-day stay in London. Tyco, which is nominally based in Bermuda to help it escape
income taxes, was built into an extensive conglomerate during a late
1990's buying spree engineered by Mr. Kozlowski from its headquarters
in Exeter, N.H., and offices in Boca Raton, Fla., and New York, where
he also maintained residences. The company employs about 267,000 people
around the world. While Tyco remains a viable business, the abuses uncovered
at the company cap a year of spectacular corporate failures at Enron,
WorldCom and Global Crossing. Other scandals, including disclosures
of abuses at Adelphia and other big companies, along with revelations
about extensive conflicts of interest in Wall Street research, helped
depress the stock market by undermining investor confidence in the
integrity of corporate earnings. The report and the restatement are part of Tyco's effort
to put its troubled past behind it and move forward under its new
chief executive, Edward D. Breen, a former president of Motorola who
took up the post in July after Mr. Kozlowski was arrested. The company
said that in the future it planned to pursue much more conservative
accounting practices, which has already resulted in a lower earnings
forecast for 2003. For the 2002 fiscal year, which ended Sept. 30, the company
previously reported a net loss of $9.1 billion after a series of earlier
write-offs. Tyco's accounting, tax and executive pay practices continue
to be investigated by the Securities and Exchange Commission, the
Manhattan district attorney's office, federal lawyers in New Hampshire
and the Internal Revenue Service. In a separate filing with the S.E.C. yesterday, the company
said that it had received subpoenas for the "production of voluminous
documents in connection with various investigations into our governance,
management, operations, accounting and related controls" and
that it could face large penalties as a result of the investigations. Some investors may be relieved that the abuses uncovered
by the investigation did not add up to a huge sum. Yesterday, before
the report was released, Tyco's stock rose 20 cents, to $15.35. But the report, by describing in detail abuses Tyco has long
vehemently denied, calls into question the techniques Mr. Kozlowski
used to create his conglomerate. It demonstrates how Tyco regularly
put pressure on its many acquisition targets to report lower earnings
just before being bought so that Tyco could sharply increase its profits
as soon as the deal was completed. Investors had long suspected that
Tyco's huge year-over-year growth was a result of artificial inflation
of its short-term earnings in a way that could be sustained only by
constantly acquiring more businesses. ________________________________________________________________________ The List—End of Year-Up Date full list in both
alphabetical and chronological sequence at: http://www.leasingnews.org/list.htm Telemark, Syracuse, NY (12/2002) Wells Fargo Financial
Leasing, Inc., Telmark LLC and Agway Inc. have signed a definitive
agreement in which Wells Fargo Financial Leasing, Inc. would purchase
substantially all of the assets of Telmark LLC, Agway's agricultural
lease financing subsidiary. The purchase is expected to close by March
1, 2003. The acquisition includes approximately $650 million in lease
receivables and is subject to obtaining appropriate approvals, including
the approval of the U. S. Bankruptcy Court for the Northern District
of New York. On October 1, 2002, Agway Inc. and certain of its subsidiaries
filed voluntary petitions for reorganization under Chapter 11 of the
U.S. Bankruptcy Code. Telmark was not included in Agway's Chapter
11 filing. (TFS) a subsidiary of Agway Inc. (7/2001) discontinued its broker program in May.; TFS specialized in agricultural,
turf and arbor and light construction industries. According to Mark
Hartman, Manager of Broker Programs, the Parent made the decision
to terminate its third party originations unit to concentrate its
efforts on direct vendor markets. Microfinancial, 12/2002-----The Board of Directors
of MicroFinancial Inc. (NYSE:MFI) has suspended its dividend to comply
with the Company's banking agreements. (11/2002) Leasecomm closes,
shuts off all brokers, won't fund deals approved "Goes Down---CEO
Sells $500,000 Stock Before the News." ( Microfinancial
Stories )Waltham, MA (8/2001) Leasecomm, Attorney General investigating,
many complaints on
line. Sun Bancorp, Inc. (Nasdaq: SUBI) (12/2002) announced
that it has reached a definitive agreement to acquire Bank Capital
Services Corporation, a leasing company headquartered in Wilkes-Barre,
Pennsylvania. Bank Capital is owned by Gary Cook, president, and Carol
Phillips, chief financial officer, and provides outsourcing of major
equipment and auto leasing for banks. Services provided by Bank Capital
include data processing, administration, and marketing of leasing.
Terms of the acquisition were not disclosed. "More and more businesses
are utilizing leasing each year because it is a cost-effective way
to increase efficiency, production and profits. The addition of Bank
Capital to the Sun organization will enable us to bring our leasing
program in-house. It complements our customer relationship management
strategy and fits with our focus on diversifying revenue sources,"
commented Robert J. McCormack, president and chief executive officer
of Sun Bancorp, Inc. Funding Tree, 12/2002---Complaints continue about
Funding Tree operation in Nevada keeping advance
rentals. (10/2002) In the last episode, Kendra Bernal had resigned
(went back to jail), a new president was named, and according to the
attorney of record, the hearing before the California Department of
Corporations was cancelled. The corporation did not have a Finance
Lender's License to conduct business, and further was ordered to desist.
The Funding Tree was appealing, until Kendra Bernal was arrested for
violating parole. It appears The Funding Tree has moved to the State
of Nevada, where a license is not required. Leasing News has two complaints,
one in Maryland, the other in Kentucky, where advance rentals have
been paid, one where the vendor has not been paid for the limousine,
but leasing payments were taken out of the lessee bank by ACH. Riverside,
CA ( 6/2002) New president says there is hope past vendors and brokers
will be paid. Dept. of Corp. "cease and desist order" still
in place. Riverside DA Jerry Fox warns, "Don't take advance rentals if
there is no lease approval. "(6/2002) Kendra Bernal arrested
for allegedly violating parole (5/2002) More complaints, although
e-mails say some deals have funded and vendors have been paid---hope---
(5/ 2002) Many more complaints (4/2002) Many complaints. Vendors/brokers not
paid. Steelcase (12/2002) -Major captive lessor reports
Results $31M Loss for Third Quarter Fiscal 2003. "The economy
has still not seen any meaningful improvement in business capital
spending, which is key to our industry's recovery," said James
P. Keane, chief financial officer. "Within our industry, it is
typical to see a seasonal reduction in fourth quarter shipments, although
the amount varies from year to year. Our order and bid activity remains
volatile, but appears to be confirming we will see a modest decrease
in fourth quarter shipments versus the third quarter, even with an
extra shipping week. We are taking steps across our businesses that
will help us stimulate additional demand and compete aggressively
to win new business." Commercial Money Center Southern CA, 12/2002---Commercial
Money Center Bankruptcy
Docket for case 02-09721 (12/2002) Ameriana Bancorp to Boost Reserves
4Q re: Commercial Money Center (Nasdaq: ASBI) announces that it will
set aside additional reserves of up to $5.6 million in the Company's
fourth quarter ending December 31, 2002. This action will reduce fourth
quarter after-tax net income approximately $3.4 million or $1.08 per
share, resulting in a net loss for both the quarter and full year.
In 2001, Ameriana reported net income of $1,216,000 or $0.39 per diluted
share for the fourth quarter and full-year net income of $3,800,000
or $1.21 per diluted share. Approximately $4.7 million of the additional
reserves to be set aside pertain to Ameriana's investment in a pool
of leases acquired from the Commercial Money Center ("CMC"),
a now- bankrupt equipment leasing company. Ameriana originally purchased
two separate pools of equipment lease receivables totaling $12,000,000
from CMC in June and September 2001, of which approximately $10,900,000
currently remains unpaid. Each lease in the pools was backed by a
surety bond issued by one of two insurance companies rated at least
"A" by Moody's Investors Services. The bonds guaranteed
payment of all amounts due under the leases in the event of default
by the lessee. Each pool was sold under a Sales and Service Agreement
by which the insurers serviced the leases. In each case, the insurers
assigned their servicing rights and responsibilities to Commercial
Servicing Corporation, an affiliate of CMC, which also has filed bankruptcy.
When the lease pools went into default earlier this year, one insurer
made payments for several months under a reservation of rights while
the other refused to make any payments. Both insurers now claim they
were defrauded by CMC and are denying responsibility for payment.
Ameriana is one of a number of financial institutions around the country
that purchased interests in lease pools from CMC. All of the CMC lease
pools are in default and in litigation. The Federal Panel on Multi-District
Litigation has taken control over most of the federal actions involving
the insurers of the lease pools and has assigned them to the U.S.
District Court for the Northern District of Ohio, Eastern Division,
for consolidated pre-trial purposes. (NetBank has $80 million as part
of the suit, among others.) (10/2002) Deadline for filing for claims
for Commercial Money Center has been extended since the proceedings
were converted to a Chapter 7. The CURRENT attorney is Bradley Shraiberg
and his phone number is 561.395.0500. He is the contact until a further
motion is filed to have him removed (he said for geographical reasons,
as it is now moving to the Southern District of California Bankruptcy
court in San Diego .) (Read
about CMC) (6/2002) files voluntary bankruptcy, #11, in Florida,
all hell breaks loose (5/2002) Gets worse, officers may go to jail
(4/2002) Many, many complaints; reports of leases where equipment
never existed, paying for leases that do not exist, much behind the
scenes on the reputation of the founders, lawyers having a field day,
San Diego FBI investigating all.(3/2002) Throws in the towel, 128
employees out of work, Dir. of Marketing Bill Hanson not paid, goes
back to work for himself, bringing Gil Evans and his son Ty with him.
closes door, leaving many unpaid bills and questions, especially about
Kiosk leasing. (2/2002) Returns $1.2 Million to Date admit many complaints
by applicants, vendors, and brokers. Fails to secure insurance line
of credit after September 11th. Conseco Finance Vendor Service 12/2002---In the third-
largest bankruptcy in U.S. history, Conseco Inc. filed for Chapter
11 protection after four months of talks with creditors to restructure
the insurance and finance company's $6.5 billion in debt. Although
the filing was not surprising given Conseco's recent woes, it marked
a dramatic downfall for a company whose stock was once a Wall Street
darling. From 1988 to 1998, the company's stock averaged a total return
of 47 percent per year and Conseco shares traded as high as $58. Today,
the stock trades at less than a nickel per share. The filing follows
a years long tailspin after the conglomerate's aggressive acquisition
strategy in the 1990s backfired. ( 12/2000) purchased by Wells Fargo
Leasing. PinnFund/Leasing
12/2002--A former employee of defunct PinnFund USA, a Carlsbad
mortgage lender that imploded in March 2001 when regulators uncovered
a $300-million pyramid scheme, pleaded guilty to lying to a federal
grand jury. U.S. Attorney Carol Lam said Kimberly Hulihee admitted
that she provided false testimony on Nov. 14 to a federal grand jury
investigating the removal of files and other materials from a PinnFund
subsidiary - PinnLease USA Inc. Hulihee, 38, was the former office
manager of PinnLease, and later a company linked to former PinnLease
President Tommy Larsen called Aloha Pacific Leasing. Hulihee is the
second person to plead guilty to criminal charges in the PinnFund
fraud. Former PinnFund chief executive Michael Fanghella also has
admitted to myriad federal charges. He is cooperating with authorities
and remains behind bars in the Metropolitan Correctional Center in
San Diego awaiting sentencing. Larsen faces a pending civil suit related
to the PinnFund fraud but no criminal charges, according to court
documents. (8/2002) Federal authorities plan to auction expensive
wine, jewelry and coins seized from the Ramona house of John D. Garitta,
the former PinnFund USA chief financial officer who pleaded guilty
last week to securities fraud charges. Merchandise to be sold at the
auction includes more than 400 bottles of wine worth an estimated
$163,000, $480,000 in jewelry and gems and $19,000 in collectible
coins. The auction will be held in Rancho Dominguez in the Los Angeles
area. (7/2002) investors in Carlsbad's defunct PinnFund USA sue the
PricewaterhouseCoopers Accounting Firm for failing to detect fraud
at the Company. (4/2002) the Receiver in the case filed a lawsuit
against Tommy Larsen, related
companies and a law firm, in bankruptcy court. It's a preference that
may climb to $6.7 million. Larsen denies it all, and says, "prove
it!" (12/2001 ) a top Executive Officer to turn over $47 deal/judge
makes okay as it favors return of investor
money. (11/2001) Girlfriend
to return millions. (8/2001) Fanghella pleads not guilty to all
charges, remains in jail. (8/2001) A federal grand jury indicted PinnFund
USA founder Michael J.Fanghella 20-count indictment; 19 counts in
the indictment carry a maximum penalty of 10 years in prison and a
$250,000 fine. One count -- filing false financial information with
the U.S. Dept of housing and Urban Development -- carries a maximum
penalty of 30 years in prison and a $1 million fine. (8/2001) In San
Diego Feds file charges for filing false financial statements plus
criminal charges for bilking at least 166 investors out of $330 million
after Fanghella turns self in. (7/2001 ) Barbados Court Freezes PinnFund
Exec's Assets (6/2001) Leasing News considers it a “not guilty” judgment
against Tommy Larsen, but Larsen’s lawyer basically agreed to comply
with the temporary restraining order of March 23 and agreed that Mr.
Larsen would give an accounting of any possible gains he received
that rightfully belong to PinnFund. Since he gave in to everything
the receiver wanted, he was not held in contempt. The records shows
that being acquitted or not guilty was not what happened.
The judge found he wasn't in contempt because, going forward,
he agreed to cooperate fully. (6/ 2001) Judge Hands Down $109 M Default
Judgment in PinnFund Scandal. Bounty Hunters Get the Nod to Go Get
'Em (4/2001) Judge continues freeze of assets. Founder of PinnFund
skips bail, judge issues arrest warrant ( 3/2001) PinnFund out of
money, closes all offices, including leasing.
Newspaper stories say “Millions of
dollars are gone.” (3/2001) PinnLease USA to Fold 47 Nationwide
Offices-- $100 Million Fraud, reads like a tabloid story, perhaps
largest fraud in West Coast
history. M&I First National Leasing Corp. of Milwaukee, Wisconsin
(12/2002-) Closes four offices in the states of Texas, Tennessee,
Georgia and New York. The sales representatives located in these offices
will be provided with severance packages based on their tenure with
the company, according to President Tom Podewils. " We will be
concentrating our efforts on the Midwest, " he explained. "This
is not a cut back but a change in direction that will allow us to
focus our resources on those areas that have provided us with the
most success." United Airlines -(12/2002)- files bankruptcy, too
many leasing companies to list those who will be affected by lack
of payment, no payment, or picking up their collateral and moving
to store in the desert with the thousand of other airplanes for sale
or lease. Unfortunately they cannot be donated to organizations such
as the Blind or Salvation Army, as the lessors don't need another
"write-off." Omni Capital -(12/2002)- Stephen Klein, the Chairman
and CEO of Omni National Bank ("ONB"), announces the formation.
Omni Capital will be headed by Jule Kreyling, President, who previously
formed and managed a middle market leasing division for American Equipment
Leasing (a subsidiary of European American Bank) based in Reading,
Pennsylvania. According to Kreyling, Omni Capital will focus on originating
transactions in the $100,000 to $3 Million range: "Over the past
few years, many equipment lessors have retreated from the middle market
arena, either to focus on large, highly structured transactions or
some have simply exited the market altogether." "We believe
the middle market is underserved and while we will look at any transaction
that makes sense, we will focus on our core, middle market customer
constituency." Connecticut Bank of Commerce, Hartford---( 11/2002)--facing
state fines of $2.3 million, regarding non- performing loans and equipment
leases. Readers report it was known in the area they were being "real
loose" with equipment leasing transaction. Oakwood Deposit Bank, Toledo, Ohio-(11/2002)---more
embezzlement charges against president of this phony bank involved
in money laundering, leases and loans. The Federal Deposit Insurance
Corp. seized and closed the bank's two branches in Oakwood and nearby
Grover Hill in February. The bank has reopened under the management
of The State Bank and Trust Co., a northwest Ohio bank. Rave Financial Services, Sterling Heights, MI-(11/2002-)
national, independent full service lessor specializing in the computer
industry, portfolio or company for sale announces Rick Darter, President
of Rave Computer Associations. American Express/ SierraCities (11/2002) Lays
off salesmen, rumors float they are about to get out of leasing
business; Richard Anderson does not return telephone calls to confirm
or deny. (09/2001) American Express Business Finance has closed down
their broker division. We can submit deals until 10/12/01. All deals
must be funded by 12/31/01. Unconfirmed rumors that salesmen are now
going after the broker vendor accounts. We are seeking to confirm
or deny this. (8/2001) Discovers up to $20 million write-off with RW Leasing portfolio, other
portfolio's, alleged stock fraud, Amex declares they are investigating
(7/2001) pretax write-down of $826 million that will pummel, second-quarter
profits. The company also unveiled plans to cut as many as 5,000 more
jobs because of the weak economy. Rumors abound about portfolio performance
and major problems in the woodpile/going the way Rockford Industries
went. (5/2001) New Name: "American Express Business Finance"
(4/2001) Merger complete, Depping resigns as "gazelle"
(3/31/2001) American Express completes purchase/merger (3/2001)
Sierra Cities-Amex Merger gets green light by authorities (2/2001)
offer from American Express for $5.68 per share in cash. We predicted
this last week, naming the company and floor price. American Express
active in equipment leasing, likes what it sees, and Sierra Cities
is the vehicle, not Advanta or others that it has viewed to purchase.
(1/2001) VerticalNet Merger falls apart. (1/16/01) Sells Off UK Assets.
(7/2000) 2nd quarter loss, see report http:// www.leasingnews.org/articles.doc/newsletter3.htm. Bankers Leasing ( 11/2002) Bankers Leasing, Illinois,
New York, California, plus Softech Financial. Citibank can't sell these, so closes them down, over 300 now out of
work. "Citibank already had a bankers leasing division when they
bought EAB, and when they bought Bankers Leasing in Northfork, Illinois.
Northfork also had as division Wilco,Soft Tech, as wells as Bankers
Direct Leasing. So CitiCapital, not Citibank, decided that this was
not the type of leasing they wanted to do, AKA ABC type leases, so
they tried to sell them off since last February and when no one stepped
up and consummated the relationship, they waited awhile and now the
ax has fallen and everyone from Illinois down has been terminated.
Rumors of "goofing off." Capital Stream, (10/2002) Corporate take-over by Wired
Capital, complete new management team and officers, John Kruse now
"salesman." For a full story click
here (3/2002) Steve Campbell Resigns as CEO,
(8/ 2001) John Kruse, VP, Account Development, announces another
reduction of staff as "... precautionary measures because we
don't see an immediate resolution to the economic downturn. We still remain financially healthy, and believe that
reducing our capacity is a prudent business decision." Hal Hayden,
Jim Buckles, Randy Anderson, many sales people
gone. -------------------------------------------------------------------------------------------- Top 10 box-office films of 2002 By Associated Press Top 10 box-office films of 2002, according to Exhibitor Relations
figures Monday: 1. ''Spider-Man'' $406 million. 2. ''Star Wars: Episode II Attack of the Clones,'' $310 million.
3. ''Harry Potter and the Chamber of Secrets,'' $240 million.
4. ''Signs,'' $227 million. 5. ''My Big Fat Greek Wedding,'' $218 million. 6. ''Austin Powers in Goldmember,'' $213 million. 7. ''The Lord of the Rings: The Two Towers,'' $200 million.
8. ''Men in Black 2'' $192 million. 9. ''Ice Age,'' $176 million. 10. ''Scooby-Doo,'' $153 million. -------------------------------------------------------------------------------------------- Cowboys fire Campo; is Tuna next coach? Sportingnews.com IRVING, Texas -- With Dave Campo out of the way, Bill Parcells
can step right in for the Dallas Cowboys. Of course, with Parcells, you never know. The Cowboys fired Campo on Monday after three straight 5-11
seasons, and within hours conflicting reports surfaced about whether
Parcells had taken the coaching job. Team owner Jerry Jones spoke at length with Parcells at least
twice before the Cowboys ended their season with a 20-14 loss at Washington
on Sunday. The Dallas Morning News reported on its website Monday afternoon
that Parcells agreed to an $18 million, four-year deal and would be
introduced as the team's coach Tuesday. The story was based on an
unnamed source close to Parcells and Jones. But Parcells, who hosts a weekly show for Sporting News Radio,
told the network Monday afternoon that the report is untrue and that
the situation is "not a done deal." Parcells' agent, Jimmy Sexton, and two other unnamed sources
also said there was no deal. When he announced
the firing, Jones said he had no timetable to hire a replacement,
but added, "I hope it can happen quickly." Team spokesman Rich Dalrymple wouldn't comment on the newspaper's
report and said the team had no plans to discuss the coaching situation
any further Monday. Sexton did not immediately return phone calls to The Associated
Press. The 61-year-old Parcells has been out of coaching since ending
a three-year stint with the New York Jets after the 1999 season. In
15 NFL seasons, he has a 138-100-1 record, winning two Super Bowls
with the New York Giants and taking the New England Patriots to the
Super Bowl six years ago. Jones said part of the reason he fired Campo was to bring
in a proven coach. All five coaches the Cowboys have had, including
Jimmy Johnson, were first-time head coaches in the NFL. "This change is more about a change in philosophy, not
about what Dave didn't do," Jones said. Parcells has been close to deals before and walked away,
including last year when he signed with Tampa Bay, then changed his
mind. Because of that contract, the Buccaneers contend they should
have been asked for permission before the Cowboys and Parcells talked
and that they want compensation. The Buccaneers, however, never filed that Parcells contract
with the NFL office. On Thursday, the Bucs will present their case
in a hearing with the commissioner's office. Campo, a lifelong assistant, was promoted from defensive
coordinator three years ago when Chan Gailey was fired. He was the
last assistant coach hired for Johnson's staff after Jones bought
the team in 1989, following 11 college jobs in 18 years. Campo is the first Cowboys coach to leave with a losing record
(15- 33). He is also the first never to win the division or make the
playoffs. "I knew the parameters that we were going to be dealing
with from the standpoint of being a team in transition," Campo
said. "Sometimes you are at the apex and sliding. I knew that
we were in that position." Jones began talking with Parcells about two weeks ago. Jones
also spoke with former Minnesota Vikings coach Dennis Green. League officials said Jones has done all that's necessary
to make a move, an indication that the interview with Green met the
minority candidate requirement. Under Campo, the Cowboys were racked with instability and
injuries. After going 10-22 in his first two seasons, better things
were expected this fall, especially from Jones, who spent $40 million
in bonuses sprucing up the roster. Instead, Dallas went 5-11 again.
Campo was never above .500 in a season, and his teams never
won more than two straight games. The Cowboys had only five 10-loss
seasons in 40 years before Campo arrived. Dallas is 39-57 since its last playoff victory, in 1996,
and hasn't made the postseason since 1999. Jones has ousted all five coaches in team history and hired
four of them. Campo's first head coaching job on any level had an ominous
start in the 2000 opener, when quarterback Troy Aikman got a concussion
and newly acquired receiver Joey Galloway went down for the season
with a knee injury. Aikman's release after the season severely limited the salary
cap in 2001. Losing him also started a carousel at the quarterback
position, with seven starters in Campo's three seasons. After spending his first two years in Dallas as a defensive
assistant, Campo became secondary coach, then defensive coordinator.
The Cowboys won the Super Bowl in his first year as coordinator. He
held the job four more seasons, then was picked over several assistants
to replace Gailey. www.leasingnews.org |
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