Kit Menkins Leasing News
Thursday, March 28, 2002 www.leasingnews.org
Independent, unbiased and
fair news about the Leasing Industry
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Headlines----Economic recovery wobbly,
UCLA forecasters say
Tax
FactsOh, No! Mr.Bill!!!
ELA Too Busy for Inter-Association Meeting
Nigerianfraudwatch.org Confession
Amtrak financial figures raise questions,
critics say
(Lease Attorney
Jim Coston quoted in news story)
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Economic recovery wobbly, UCLA forecasters say
By Thomas Kupper
SAN DIEGO UNION-TRIBUNE STAFF WRITER
The nation's recovery from the recession will be
unusually feeble and could include a relapse this year or next, according
to a widely followed forecast being released today.
The UCLA Anderson Forecast states that economic growth
won't top 3 percent in the next two years, compared with growth rates
of 4 percent or higher during the 1990s and in earlier recoveries.
UCLA's economists said business investment in new
equipment is unlikely to pick up until businesses see gains in profits,
while consumers who continued to buy during the recession have little
room to increase spending further.
"(It) adds up to a very sluggish period ahead,
with no locomotive to pull the economy ahead neither consumers
nor businesses," UCLA forecast director Edward E. Leamer said.
"On the contrary, the risk is on the downside."
UCLA's economists said they believe the statewide
economy is starting to recover from the slump in technology spending
that struck hardest in the San Francisco Bay Area. They said the high-tech
sector could turn around by the second half of the year.
And they said San Diego County's economy continues
to appear "pretty immune" to the slowdown that has hit nearly
everywhere else in the world. The region has lost jobs in tech manufacturing,
but service and construction industries continued to hire through
the recession.
The UCLA forecast mirrors other prognosticators and
recent economic data that suggest the national economy has moved out
of last year's recession. UCLA projects that the nation's output of
goods and services will grow 2.1 percent in the first quarter of this
year.
In many recoveries, however, economic growth picks
up dramatically as consumers move forward on purchases they postponed
during the recession. Leamer said that won't happen this time because
consumer spending hardly faltered other than a temporary slowdown
in September.
"Consumer spending hasn't collapsed, and there
is no valley from which to emerge," Leamer said.
Leamer said he expects enough economic growth to
keep unemployment from rising much above its current level of 5.5
percent. But he said unemployment will remain around that level in
2002 and 2003 because the economy won't grow fast enough to bring
unemployment down.
He also sees risks of a second downturn in the economy.
First, he said consumers could rein in spending at
some point, possibly as rising interest rates make debts less manageable.
He said real estate, one of the engines of California's economy, could
falter if rising rates lead to a drop in sales.
Additionally, he said a shift in high levels of overseas
investment in the United States could force the Federal Reserve to
raise interest rates to protect the dollar.
"A rapid depreciation of the dollar would cause
very severe problems for (Fed Chairman Alan) Greenspan, who would
be forced to choose between high interest rates to defend the dollar
and keep inflation at bay or low interest rates to keep homes and
autos selling," Leamer said.
Thomas Kupper: (619) 293-1037; thom.kupper@uniontrib.com
(For fifty years the UCLA Anderson Forecast has provided
forecasts for the economies of California and the United States. Founded
by professor Robert M. Williams in 1952, the national forecast has
been recognized as one of the most accurate. In 1988, then director
Larry J. Kimbell was awarded the Sterling prize for the most accurate
forecast of the U.S. economy. The UCLA Anderson forecast for California
is the most widely followed and oft-cited in the state and was unique
in predicting both the seriousness of the early-1990s downturn, and
the strength of the state economys rebound since 1993. Current
director Edward E. Leamer along with economist Tom K. Lieser combine
their own expertise with the latest computer based econometric models.)
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TAX FACTSOh, No! Mr.Bill!!!
-- Corporations paid 11.2 percent of total taxes
in
2000 ($236 billion). Individual taxpayers paid more
than $1 trillion. In all, the IRS collected $2. 1 trillion.
-- About 150 million forms were downloaded from the
IRS' Web site during fiscal year 2000. The site received more than
1.5 billion hits last year.
-- Electronic filing has climbed from 20 percent
of all returns in 1998 to 33 percent in 2000. The IRS expects 45 million
electronic returns this year.
-- Bad math is the most common mistake made by taxpayers.
Out of about 82 million returns received by the IRS in 2000, 7 million
contained math errors.
-- Americans spend more money per capita on taxes
($10,447) than on food ($2,713), clothing ($1,436) and shelter ($5,913)
combined.
-- Tax Freedom Day fell on May 3 last year. That's
the date by which Americans paid off all their local, state and federal
income tax bills and started working for themselves. .
Source: Internal Revenue Service, Tax Foundation
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ELA Too Busy for Inter-Association Meeting
As you suggested, I have contacted Mid-America Association
of Equipment Leasing (MAEL
)and Association of Government Leasing and Finance AGLF). Both Clyde Cady, President of MAEL, and Graham Hauck, Executive
Director of AGLF,
have indicated they will have representatives participate
in this inaugural multi-association meeting before the NAELB conference
in Orlando.
It looks as though all organizations will be represented
except Equipment Leasing
Association and perhaps they will be available for
the next such meeting.
We all feel this cooperative effort is the correct
direction for the industry.
Thanks,
Mike
meacher@bankgrouponline.com
800-403-0422
(President,
National Association of Equipment Leasing Brokers)
---
The meeting in Orlando conflicts with Capital Hill
Day and the Spring meeting of our board of directors.
Best wishes,
Amy J. Miller
Vice President, Communications
Equipment Leasing Association
4301 N. Fairfax Drive, Suite 550
Arlington, VA 22203
703.516.8367; Fax: 703.527.2649
amiller@elamail.com; http://www.elaonline.com/
Visit http://www.leaseeassistant.org to find a leasing
partner today
( Capital Hill Day is April 9-10, Washington, DC
www.elaonline.com/events/2002/capthillday
It is an important event to become involved
in the public
policy process that regulates your business and your
industry so that you can see the next play thats coming down
the field.
The NAELB Orlando, Florida
Conference is April 11-14.
Perhaps an
ambassador from ELA such as Barry Marks, Esq., a long
time active ELA member and NAELB member.
A similar association was formed in the past and
a good resource may be Ben Millerbus of Pentech Financial.
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Nigerianfraudwatch.org Confession
I always start my day off by reviewing your new letter.
After scanning the
headline section of your on-line publication I broke
out in chill bumps and
my stomach began to churn.
I was dumb enough to be coached into the Nigerian
Petrol Scam by a trusted friend-former investment banker and CPA.
They approached me with a due diligence file and references proving
the legitimacy of the petrol equipment financing opportunity. It was
shared with me by the CPA that his wife
encountered the opportunity while reviewing the mail of a former
executive V.P. of her international travel agency.
At the time
I was operating a small lease brokerage business with a few strong
funding sources interested in big ticket isn't business.
I was able to
source the requested turbines/pipe/monitoring systems
from a reputable TX
based supplier at very attractive prices. The mark
up on the equipment would
have been 25% PLUS 1 POINT COMMISSION.
I forwarded
a invoice and my business checking account number and all necessary
bank data (to include wiring instructions), my incorporations documents
along with a copy of my letterhead. My friends immediately weighted
in with their claim on
fee/income participation.
Within a matter of weeks I was receiving phone and
faxes from the Nigerians informing me of the contract award for the
equipment order and financing.
My skepticism over the transaction was beginning
to lose grip as I began entertaining
the idea that this transaction could possibly "put my little
company on the map", that's when I
received a phone call from by banks security department
asking that I attend
a meeting at my local bank
branch.
The head of bank security and a Special Agent form
the FBI and the branch manager was present. Something was terribly
wrong!
The branch manager had received numerous inquires
form Nigerian banks concerning my account along with a request to
immediately wire funds from my account (per written instructions on
my company letterhead that I had so foolishly provided) this of course
alerted the head of bank security and of course the F.B.I.,.
The news hit me like a punch from Mike Tyson (admittedly
I'm a little guy who would probably die instantly in the mid air collision
between my face and Big Mike's fist
before hitting the boxing ring mat).
The Nigerians had incorporated my company in their
country, attempting to use it to defraud others including my bank.
I was strongly advised (not ask) to close out my account and to collapse
my company to avoid future liabilities.
The F.B.I.
Special Agent was so cool, he pointed out that if were his son he'd
recommend that I immediately shut down my account and company and
start anew.
Guess what
I did the same day? I followed their advise to the letter. Later that
week I
established a new company and opened a new checking
account with the same
bank branch manager who encouraged me to leave the
international
transactions to the Citi Bancs of this world and
to continue to focus on
normal business.
Guess what
I did? I followed her advice to this very day.
I wish to have my name withheld please. Should you
require additional facts
concerning my horrific experience please request
that "Haus" (the name of
our family dog) get in contact with & I'll follow
up promptly.
Yes You Can!
(Another reader confessed to me that he lost $20,000
in this scam two years ago.
He was never ever able to recover it. It was too embarrassed to file a complaint,
as he was a well-established lessor and thought if
others knew, they would
think he was really
stupid. editor)
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National
Association of Equipment Leasing Brokers Conference
Come to Orlando April 11 - 14, 2002 at the Caribe
Royale and join our
fearless leader, Mike Meacher in a "Brokers
Only" session. This will
be
"live" and lively survey.
The audience
will evaluate each lender's
strength and weaknesses from the broker's perspective.
After the
session each lender will be sent their individual scorecard.
Register
now at www.naelb.org http://www.naelb.com.
Maria Turner
mariat@clemonsmgmt.com
Jim Merrilees Handicap
(See him LIVE at the MAEL golf tournament:
http://www.mael.org/members/news.asp)
Hi Kit. Gordon
is an 18 and I am a 40. Yes,
I like the Merrilees gotcha.
( Pat---can you have a handicap of 40???? )
Don't be mean, Kit!
Yes, I am truly a 40 handicap.
I par or bogey most
holes but then I'll have a couple of holes where
I just lose it & end up
with a 10+. A
few of those & your handicap runs amok.
& Yes - I am
embarrassed! LOL
Cross-subsidy or long-distance double-cross?
Amtrak financial figures raise questions, critics say
by Bill Stephens
Trains.com
( Well known leasing attorney Jim Coston
is quoted in this article. editor )
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Amtrak's Twilight Limited from Pontiac, Mich., arrives
in Chicago. How much does this train cost to
operate?
Matt Van Hattem
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When Amtrak said last month that it may
be forced to suspend all of its money losing routes in
October, it released a list of 18 unprofitable long-distance
trains that it threatens to drop.
The list was way too short.
Thats because every regular Amtrak route lost money last
year, according to an internal Amtrak document obtained by TRAINS.
While thats not surprising rail advocates have
said for years that passenger trains dont make money
it contradicts Amtraks repeated claims that some routes
are profitable, and that the railroad uses those profits to
cross-subsidize its unprofitable long-distance trains.
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The figures obtained by TRAINS, which
show all above-the-rail costs, also call into question Amtraks
rationale for service cutbacks. As a whole, the long-distance
network was the railroads biggest money-loser in the year
ending September 30, 2001, the figures show. (Click
here to see the financial performance of Amtrak routes in
2001.)
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But several long-distance trains on the
chopping block posted operating ratios that were lower than
some regional routes that have not been publicly targeted for
cutbacks.
The best-performing long-distance train last year was the Empire
Builder, which had a 2.03 operating ratio (expenses divided
by revenues). The Silver Meteor and Southwest Chief
werent far behind, posting operating ratios of 2.15 and
2.16, respectively.
The trio is among those on the Amtrak hit list. Yet regional
services with higher operating ratios Hiawathas (2.24),
Chicago-St. Louis (2.66), and Chicago-Detroit (3.54) among them
are not.
Certainly the Builder, Meteor, and Chief
had far more red ink last year. They lost a combined $164.2
million, vs. the combined $59.3 million lost by the Hiawathas,
Chicago-St. Louis, and Chicago-Detroit corridors, the Amtrak
figures show.
But thats not the point, Amtrak critics say, because of
the railroads cross-subsidy claims and the notion that
Amtrak is supposed to operate a national system.
"These numbers show that Amtrak has been caught with its
hand in the Enron cookie jar," says Frank Wilner, author
of The Amtrak Story.
Profitability hinges on which costs are measured
Amtrak says it uses a different definition of profitability
and maintains that it has been up front about the costs and
needs of the system.
"We have profitable services in the Northeast Corridor,"
Amtrak spokesman Bill Schulz says.
The way Amtrak calculates profitability it doesnt
factor in costs such as depreciation and interest expense
Metroliner/Acela Express and the Heartland Flyer turned
profits in 2001. Metroliner/Acela Express earned $64.1 million
profit, Amtrak claims, while the Heartland Flyers
profit was $600,000.
Curiously, an Amtrak Reform Council report that relied on Amtrak
data reached the same conclusion, but produced a lower profit
figure for Metroliner/Acela Express: $51.3 million.
In fact, the internal Amtrak document, the ARC report and Amtraks
Route Profitability System figures all differ. Amtrak Intercity,
for example, lost $788 million last year based on the full cost
figures obtained by TRAINS. ARCs analysis pegged the loss
at $581 million. And the figures Amtrak releases to Congress
and the public show a $410 million loss for Intercity.
Confusing? You bet.
"Thats what the Amtrak Reform Council was so frustrated
about," says its chairman, Gil Carmichael. "We couldnt
really determine what the operating companys cost is.
The sad thing is, Amtrak doesnt have to operate that way."
After three years of seeking answers about Amtraks cost
structure, the reform council came up empty. "We still
dont know how many people it takes to run the operating
company and how much money they need for that," Carmichael
says. "And we dont know how many people it takes
to run the Northeast Corridor infrastructure, or how much money
it takes."
So Carmichael threw in the towel.
"I gave up two years ago trying to analyze Amtraks
finances," he says. "I realized they just do not keep
books like a corporation. Theyre neither fish nor fowl
theyre not a federal agency and theyre not
a corporation. The data that weve got right now is just
not reliable in any way."
Cross-subsidization may pit east vs. west
Ross Capon, executive director of the National Association of
Railroad Passengers, notes that Amtrak does plow profits from
other lines of business, such as commuter contracts and Mail
and Express, into its money-losing train operations.
"One part of the answer, I think, is they cross-subsidize
from profitable enterprises, which is not always train operations,"
Capon says. "Another point that was explained to me is
that
if you exclude depreciation, progressive overhaul
funding and excess Railroad Retirement funding, the Northeast
Corridor is profitable."
But when Congress is embarking on a debate over passenger rail
and its costs, shouldnt the entire price tag be included?
Carmichael thinks so, although he doubts Amtrak can ever produce
actual cost figures.
Wilner says Amtrak frequently uses different accounting definitions.
"When they report to Congress on their expenses, they ignore
depreciation to try to look more profitable," he says.
"When they send bills to states for Amtrak service, they
include depreciation."
Even if Metroliner/Acela Express and the Heartland Flyer
are deemed profitable using Amtraks definition, that doesnt
appear to fit with the railroads February 1 assertion
that it would be forced to drop all of its money-losing routes
if its annual appropriation wasnt doubled to $1.2 billion
from $521 million.
Amtrak has been "straight and transparent about the cost
of the system" under outgoing President and CEO George
D. Warrington, Schulz said. "Weve tried at all times
to be very honest and clear about the popularity of and need
for service, as well as the economics of passenger rail,"
he said.
The economics of long-distance trains, Schulz said, mean that
a $200 million cross-subsidy will be required to keep them running
beyond September.
Amtrak Reform Council member James Coston says cross-subsidy
is a "dangerous" and misleading term. "Theres
no such thing," he said. "All trains lose money, just
like all airports and highways."
And by claiming it cross-subsidizes long-distance trains, Amtrak
pits the Northeast Corridor against every other region in the
country.
"The geographic disparity is something that Amtrak tries
to hide, but its right out there," Coston says.
Indeed, two weeks ago Sen. Patty Murray, D-Wash., questioned
why the West Coasts blossoming passenger network is heavily
state-subsidized, when Northeastern states contribute nothing
to the Northeast Corridor.
"The states that currently enjoy the best rail service
and put up none of their own money will continue to enjoy that
service while the rest of the country will have to do without,"
Murray said of Amtraks cutback strategy. "I intend
to have some say in how Amtrak gets funded next year, and I
don't intend to play by those rules."
Cutting trains wont offset all losses
Considering its worsening budget situation and inadequate federal
operating and capital support, few would argue that Amtrak can
get by without cutbacks or new federal spending.
After all, the railroad lost a record $1.1 billion last year
despite earning record revenues, and there is concern that Amtrak
may run out of money before the end of the fiscal year in September.
But there is disagreement over how Amtrak is making cuts.
Coston says Amtraks decisions are based more on politics
than transportation or financial needs. "Its a strictly
political mindset, and theyre trying to get as much political
juice as they can," he says.
The long-distance cutbacks would affect every state on Amtraks
route map and therefore as many congressional districts
as possible while also appearing to make a substantial
dent in Amtraks losses.
"They identified what looks to be a major source of potential
savings
but it just doesnt buy you very much in terms
of cost savings," Coston says of Amtraks plans to
drop the 18 long-distance trains. "The numbers are so much
higher than the biggest sinkhole, which is the Northeast Corridor.
The math as Amtrak presents it just doesnt add up."
Coston, an attorney from Chicago who is considered a potential
candidate to replace Warrington, says he supports the Northeast
Corridor because its a vital piece of the transportation
picture.
"But ownership of the Northeast Corridor is whats
been dragging Amtrak down for all these years," he says,
citing its massive capital improvement needs and years of deferred
maintenance.
The Northeast Corridor product lines lost more than $368 million
last year, according to the Amtrak figures obtained by TRAINS.
The Amtrak Intercity losses whether $788 million, $410
million, or somewhere in between cant be completely
offset by cutting the 18 long-distance trains.
Amtrak wont save that much because the railroad would
still have system-related costs to bear, says Anthony Haswell,
who founded the National Association of Railroad Passengers
and helped frame the 1970 legislation that created Amtrak.
Since Amtrak says it needs a $200 million subsidy to continue
long-distance trains beyond October 1, Haswell figures thats
about how much Amtrak estimates the route cutbacks would save.
But Haswell says "a lot more investigation is necessary."
Last year, Haswell filed suit in federal court to force Amtrak
to release detailed route-by-route financial information that
breaks down the train-, route- and system-related costs of each
train. After arguments are heard, the suit likely will head
to a judge in May or June, he says.
Why the numbers matter
Such detailed information is necessary, Haswell contends, if
Congress and the public are to make an informed decision about
how to reshape the national passenger rail system.
The data would help Congress determine how much corporate overhead
is shifted to long-distance trains. Some sources claim, for
example, that the cost of Amtraks 500-person professional
engineering department which is responsible mainly for
the Northeast Corridor is allocated to long-distance
trains that never turn a wheel on the corridor.
Haswell is not alone in his belief Amtrak needs to open its
books further.
DOT Inspector General Kenneth Mead this month said Congress
should ask Amtrak to develop fully allocated cost estimates
for its routes. He also urged Congress to ask Amtrak to explain
how it arrived at the $200 million figure it claims it needs
for continued long-distance service, plus show how it derived
the cross-subsidy claims. Schulz said Amtrak officials met with
the inspector generals staff last week to go over those
financial details.
Mead says that even if Amtraks appropriation is doubled
next year it still may not be enough to keep the railroad moving.
And many rail advocates echo Meads assertion that a focus
on Amtraks financial plight diverts attention from the
real issue: What type of rail system does the public want, and
how should it be funded?
Coston says the public clearly wants a modern, well-funded passenger
system. Amtraks increasing ridership proves that.
"The debate shouldnt be about whether the operating
ratio is 2.3 or 2.1," Wilner says. "We know that intercity
rail transportation cannot earn a profit. Past and current Amtrak
management wrongly led this country down that path."
And misleading Congress such as contending it was on
a "glidepath to operational self-sufficiency" last
year, then crying poverty this year has eroded Amtraks
credibility, Coston says.
"I think it has a real credibility problem," he says.
"Congress is skeptical of what Amtrak says."
Rep. Don Young, R-Alaska, made that clear at a hearing this
month, when he wondered aloud how Amtrak could say it was nearing
operational self-sufficiency when watchdogs said its financial
position was worsening.
"At a minimum, this raises serious questions about Amtraks
candor and credibility," said Young, chairman of the House
Transportation and Infrastructure Committee. "While suddenly
discovering that it cannot meet the self-sufficiency deadline,
Amtrak has begun to point fingers at virtually everyone but
its own company."
Meanwhile, Amtrak says too much is being made over the proposed
loss of 18 long-distance trains.
"It is possible to get too wrapped around the axle of the
long-distance service being on the chopping block as an action
independent of other actions," Schulz said.
The mandatory 180-day notification process for route eliminations
required that Amtrak announce the potential long-distance cutbacks.
But that doesnt mean that other service wont be
dropped, as well, if Amtraks appropriation is insufficient,
Schulz said.
Service cutbacks, as opposed to route elimination, can be made
on much shorter notice within 30 days of Amtrak receiving its
appropriation, he explained. So if those cuts become necessary,
they will happen after the appropriations process is complete.
"Amtrak remains very much committed to serving a national
network," Schulz said. The proposed long-distance cutbacks
are "not what the company wants to do. Its exactly
opposite of what the company wants to do. We very much want
to continue to operate todays network in 2003."
Whether that comes to pass will be up to Congress and the Bush
administration, which has yet to formulate a plan for passenger
rail.
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