October 18, 2001

 

Headlines---

  

         Fitch Review: US Commercial Finance/Leasing Company Sector “Stinks”

  Equipment Leasing Association Propensity to Lease Study

    RW Professional---Leasing News Has Some Friends

                   Hotels in a Real Big Mess

                      Dana Reports $8 million Third Quarter Loss

                           Bay View Capital 3rd Quarter Loss . $.6 Million

                               Allegiant Partners Adds Richard J. Gallivan to its board

                                  ID card idea attracts high-level support

 

 Special: 

    Traditional system of paperless money transfers

                     could benefit bin  Laden network

 

# denotes press release

___________________________________________________________________

 

 

Leasing News e-mail was down late afternoon. We have had a virus worm

in our file server the prior week, now eliminated.  We are again up-grading our

firewall to a solid state one, making e-mail changes, and trying to make

our site more secure. We apologize for any inconvenience. editor )

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Fitch Review: US Commercial Finance/Leasing Company Sector

 

    Reports are “Negative”  ( surprise! surprise! surprise! )

 

 

NEW YORK--The Rating Outlook for the U.S. commercial and leasing
company sector remains Negative, but widespread rating downgrades are not expected,
the international rating agency Fitch announced in its mid-year review of the sector. For the
remainder of 2001, Fitch anticipates rating actions are likely to be centered on the captive
finance subsidiaries of industrial companies.

 

According to the mid-year review, rating actions during the first half of 2001 were principally
concentrated on the independent commercial finance and leasing companies, with three companies,
FINOVA Capital Corp., Comdisco, Inc., and Edison Funding Co., accounting for the majority of
the downgrades. Concerns arising from asset quality, liquidity, financial leverage and capital market
access were the drivers of the rating actions.

 

The events of Sept. 11 will accelerate and intensify the “recessionary” pressures already present in
the equipment sector. Specific to the commercial finance and leasing sector, the amount of unused
equipment is significant for many collateral types. Already, lenders collateralized by over-the-road
trucks, containers and other transportation equipment have witnessed a steep decline in the carrying
value of these assets.

 

While the equipment finance sector struggled during the first half of 2001, finance companies that
originate revolving credit and debtor-in-possession loans experienced an upswing in business. Growth
in this sector reflects a combination of the weakening U.S. economy, commercial banks selectively paring
back credit exposure and borrower- specific credit weakness.

 

A full copy of the report, `U.S. Commercial Finance and Leasing Company 2001 Mid-Year Review', is
available within FitchResearch, Fitch's subscription-based web site located at 'www.fitchratings.com'.

 

CONTACT: 

 

Fitch, New York

 

Philip S. Walker, Jr., 212/908-0624 

 

John S. Olert, 212/908-0663

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Propensity to Lease (PTL) Study by

   Equipment Leasing Association

                                   

The Propensity to Lease (PTL) Study has recently been updated.  Some interesting findings from the newly
released Propensity to Lease (PTL) Study are:

 

 

The Pacific region represents over one third of total lessees and total UCC filings.

The top 10 states make up 83% of total UCC filings.

South Atlantic and Mid Atlantic regions have the highest propensity to lease.

Companies older than 10 years represent nearly 70% of lessees and UCC filings.

Additionally, selected comparisons to the previously conducted 1995 study show:

 

 

Public Administration goes from the least likely industry to lease in 1995 to the most likely to lease in 2000.

 

Firms in the South Atlantic, Mid Atlantic and East South Central regions increased their propensity to
lease significantly, moving from below the average to above.

In 2000, propensity to lease increases with the age of the company.

 

The trend remains the same - larger firms are more likely to lease.

 

The PTL Study is available online in both the ELA Library (PDF for immediate download, search
"Propensity to Lease") and ELA Store (mailed hard copy).  The ELA Member Price is $199.00,
Non-Member Price is $399.00

 

www.elaonline.com

___________________________________________________________________

 

RW Professional Leasing –Leasing News Has Some Friends

 

As an avid reader of your column, I would like to lend a hand if at all

needed, to assist you in defending what sounds like a spurious allegation

being made against you.  Please let me know if our firm can

be of any assistance to you.

 

Peter S. Hemar

Hemar & Associates

Attorneys at Law

2001 Wilshire Boulevard, Suite 300

Santa Monica, CA 90403

(310) 829-1948

Fax: (310) 829-1352

Email: phemar@hemar.com

 

( Thank you.  Leasing News will take you up on your generous offer. editor )

 

~~

 

    The bankruptcy court system has an on-line data retrieval system named

PACER. I have a PACER account and if you need to check something on-line you

may use my account. The cost is very cheap - like 7 cents a page. If you

need it, let me know. I think the first $x dollars are no charge. I could

fax you the brochure if you are interested.

 

David

"David I. Rabinovitz" david-rab@mediaone.net

 

 ( I will take you up on this. I use www.bankrutpcy.com and also go

to the state or county websites.  In this case, I think the September 11

has affected many departments as they are not current in New York,

the last time I checked.  It would have been easier if RW Professional Leasing responded,
but after four contacts, including two with their attorney...next time I will use Pacer. editor )

 

~~~ 

 

RE:  RWProfessional dispute

 

Atty. Sal Ferlazzo's office in Albany NY is physically about 3 miles from

mine.  I have known Sal personally for several years.  Anything I can to do

help with that dispute??

 

Just let me know Kit and I'll hop right on it.

 

Gerry Oestreich

800-678-7342

gerryo@nycap.rr.com

 

 ( Thank you.  I think Mr. Ferlazzo is representing his client to the

   best of his ability,  but we may take you up on it to make a

   friendly call on our behalf, maybe present him with a bouquet

   of flowers. We have asked him twice for a statement, but have

   not seen one forthcoming. editor )

____________________________________________________________

Low occupancy levels in county may persist into 2002, analysts say

    By Tony Fong

 

SAN DIEGO UNION-TRIBUNE STAFF WRITER

 

( Last weekend we stayed at the Downtown Los Angeles Hyatt, from

reservations made last August for USC Parent’s weekend.  Normally,

if you don’t call in advance, you can’t find a room.  Not this time. A

19% occupancy rate.  We saw no one in the hallway, not even cleaning

people, and had to park our car at night as they did not even have a

door man. The coffee shop had one couple among 150 tables in the

morning. scary. editor )

 

Plummeting occupancy rates could leave the local lodging industry struggling through most
of next year, experts say. "This will be as bad as it gets," said Robert Rauch, managing director
of the West Coast office of InterBank Brener, a hotel industry advisory firm.

In September, the drop in revenue totaled $100 million, he said, adding that 5,000 hotel employees,
representing 20 percent of the full-and part-time hospitality work force, could be laid off as a result
of the Sept. 11 terrorist attacks.

Rauch said that hotel occupancy levels, which dipped below 60 percent for September, will hover
in the low 60 percent range until March, compared with 75.4 percent for the year through August.

The industry was setting records just a year ago, and even as a slowdown in corporate travel was
taking effect in late summer, executives projected 2001 would be above average.

These days, "the mantra for 2001 is to stay alive for 2002," said Rick Mansur, senior vice president
of J.C. Resorts and chairman of the San Diego Hotel-Motel Association.

Hotels and motels nationwide have seen their occupancy rates nosedive as a result of the Sept. 11
attacks. Safety fears and concerns about airport security hassles have sliced into airline passenger traffic.

According to a preliminary report by Smith Travel Research, occupancy rates fell by 15 percent to 17
percent in September while revenue per available room fell as much as 24 percent. The figure is a
measure of occupancy and average daily room rate.

For the rest of the year, demand for hotel rooms will decline an average of 6 percent, Smith Travel
said in a separate report. Occupancy will fall about 8 percent and revenue per available room will drop 10 percent.

In total, lodging companies could lose as much as $2 billion in room revenue, phone calls and food
and beverage sales, Smith Travel said.

Thomas Donohue, the president of the U.S. Chamber of Commerce, has warned that more than 1 million
workers in the lodging and restaurant industries could be laid off as a result of the attacks.

In San Diego, largely a drive-in market, analysts said the effects have not been as pronounced as in such
places as Los Angeles or San Francisco, which are more dependent on airline travelers.

'A death stroke'

 

Yet, the effects of the Sept. 11 events have reached across all parts of the tourism industry here. At a
recent presentation to the local tourism industry, Skip Hull, vice president at CIC Research, estimated
visitor spending in San Diego County could drop by $268 million for the last three months of 2001.

Virtually all tourism businesses have been touched by the slowdown. Travel agencies are cutting back
the hours of employees or laying them off. A number have closed their businesses.

Lois Hegner closed Cottonwood Travel in Rancho San Diego and laid off two agents after 12 years
in business. Even before the attacks, she had decided that she might have to close her agency because
of shrinking business.

"(Sept. 11) essentially has been the death stroke," she said. "All the business I've done have been
refunds and returning commissions."

Convention and corporate-meeting businesses have also been hit. In some cases, conferences have
been postponed, meaning much-needed revenue that would have been injected into the local economy
has been delayed.

In other instances, meetings have been canceled entirely, including a convention of financial planners
originally scheduled for Sept. 12 that was expected to draw 2,800. A six-day conference of Wendy's
International's franchisees that was to have started Oct. 5 and expected to draw 3,600 was also canceled.

Some restaurants are still running 25 percent below normal September and October revenue numbers,
said Stephen Zolezzi, executive vice president of the Food and Beverage Association of San Diego.

As a result of the attacks, the percentage of restaurants that are projected to close by the end of
the year has doubled. In July, closures for the year were expected to run 2 percent to 3 percent.
Expectations now are that it will be 5 percent to 7 percent.

In terms of revenue, however, the hotel industry may be hit hardest locally.

"All traveling, all business for the 19 days following the event was wiped off the books,"
said Mansur, of the San Diego Hotel-Motel Association. To attract not only out-of-towners but San Diegans,
hotels have slashed prices. For example, La Costa Resort and Spa packages offer three nights for the price
of two, and the Hotel del Coronado has rooms starting at $150 per night -- half of its usual rate.

Hotels have also increased their advertising in Los Angeles and other nearby markets to attract
regional travelers. At the end of the month the San Diego Convention & Visitors Bureau will launch
a marketing campaign to drum up visitors here and to encourage residents to go out, dine out and spend some money.

At a news conference last week, tourism officials and city officials pleaded for San Diegans to help the
industry, the third-largest in San Diego after the military and biotech.

"Now's the time for San Diegans to stand up and to help some of our local people
by getting back to a life, a more normal life, by going out and having a little fun . . . maybe even
having a romantic vacation on the weekend," said county Supervisor Ron Roberts. "I'm trying to talk my wife into it."

Projects delayed

At the same time, hotels have delayed capital projects, said Rauch of InterBank Brener.
The expansion of the Hyatt Regency continues as does construction of the W Hotel,
but Rauch said other plans to build hotels are stalling.

 

Nadeen Ayala, a spokeswoman for Starwood Hotels & Resorts Worldwide, the parent company of such hotels
as Sheraton, the Four Points and the W, said the company is evaluating capital projects on a case-by-case basis,
but many projects have been halted including the "multimillion-dollar" renovations of properties in New York and
San Francisco.

Lucy Bossert, a spokeswoman for Marriott International, said it also has put a systemwide hold on any construction
not already under way.

A PricewaterhouseCoopers report said 6 percent of hotel projects scheduled for completion in 2002 and 2003
will be deferred or canceled because of concerns among developers, lenders and investors about the finances of hotels.

Tony Fong's e-mail address is tony.fong@uniontrib.com. His phone number is (619) 293-1515.

 

  ( Can the hotels last at this occupancy rate for another year?  Instead

   of asking if we are in a recession, is it more serious and we just don’t

   want to accept it, as Bob Bell said earlier, he is not willing to

   participate---but can he really do it? editor )

___________________________________________________________________

 

Dana Reports $8 million Third Quarter Loss/

  Still Trying to Sell Leasing Division Since February as Reported Earlier

 

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Dana Corporation announced its third-quarter results, including sales of $2.4 billion and a net loss, excluding
non-recurring items, of $8 million, or 5 cents per share, in line with previously announced expectations. Including
non-recurring items, the company recorded a net profit of $13 million, or 8 cents per share. The company also
announced actions to enhance its financial position and overall competitiveness.

 

"While global economic conditions had already shown signs of weakening, given the events following September 11,
we now face the prospect of a further significant decline in our markets," said Dana Chairman and CEO Joe Magliochetti.
"These extraordinary circumstances necessitate extraordinary actions to secure the long-term competitive
position of the company."

 

Specifically, the company announced the following actions to strengthen the company's financial position
and focus resources on its foundation businesses:

Dana's Board of Directors reduced the fourth-quarter dividend to one cent per share;

 

The company will pursue the sale of the businesses of Dana Commercial Credit Corporation (DCC), its
leasing services operation; and

The company will accelerate the restructuring of its operations, including a reduction of its global workforce
by more than 15 percent, and anticipates recording after-tax charges of $400 to $450 million, primarily
in the fourth quarter of 2001.

 

Sales for the third quarter of 2001 were $2.4 billion, down from $2.9 billion for the same period last year.
Excluding non-recurring items, the company incurred a net loss of $8 million, or 5 cents per share for the
quarter. This compared with net income, excluding non-recurring items, of $61 million, or 41 cents per
share, during the third quarter of 2000. Net income for the quarter, including non-recurring items, totaled
$13 million, or 8 cents per share. This compares with net income of $29 million, or 19 cents per share, in
the third quarter of 2000.

Dana's nine-month consolidated sales were $7.9 billion, down from $9.6 billion over the same period last
year. Net income, excluding non-recurring items for the period, was $19 million, or 13 cents per share,
compared with $375 million, or $2.43 per share, in 2000. Net non-recurring charges offset operating income
for the first nine months of 2001. Net income for the same period in 2000 was $418 million, or $2.71
per share, which included net non-recurring income of $43 million, or 28 cents per share after tax.

 

Dana's Board of Directors has declared a dividend of one cent per share payable on Dec. 14 to shareholders
of record on Nov. 30. This is a reduction from the previous quarterly rate of 31 cents per share. The annualized
effect is a $178 million improvement in cash flow.

 

"While this was an extremely difficult decision, it was clearly a prudent response to these unprecedented
circumstances," Magliochetti said. "Our primary objective remains to ensure that the Dana Corporation
represents a solid, long-term investment and it's imperative that we focus our financial resources on
strengthening our balance sheet."

 

The company announced that it will pursue the sale of the businesses of Dana Commercial Credit
Corporation, its leasing services operation. Dana has engaged the firm of Lazard Freres and Company
in connection with this matter.

"We have often said that Dana does not believe in taking long-term actions in response to short-term
challenges," Magliochetti said. "However, given the expected duration of the downturn in our markets,
we now believe that DCC's very successful businesses will be better served as part of a different
corporate structure. At the same time, this will allow Dana to increase its focus on its foundation businesses."

 

Dana announced that it expects to incur restructuring charges of $400 to $450 million after tax,
primarily in the fourth quarter of 2001, as it focuses on making its businesses more competitive.
As part of these restructuring actions, the company will further reduce its global workforce by more than
15 percent. This is in addition to the approximately 10,000 positions eliminated over the past 18 months.

 

Dana will also initiate a series of plant closures and consolidations. These moves are in addition to the
company's ongoing exploration of previously announced strategic opportunities involving its Engine
Management, Engine Products, Industrial Fluid, and Quinton-Hazell operations.

 

The company will also accelerate the outsourcing of non-core manufacturing and processes as part
of its program to reduce assets and costs.

 

"Since our markets began to soften in mid-2000, we have devoted significant effort to scaling our
operations for lower production forecasts," Magliochetti said. "Unfortunately, recent events require
that we quicken the pace and make even further reductions. As we take these difficult actions, we
will be cautious not to compromise our longer-term objectives."

 

"While we entered the third-quarter believing we were at or near the bottom of the current cycle,
recent events have significantly changed our markets - and our world - making it increasingly difficult
to predict even near-term conditions with precision," Magliochetti said. "In general, we believe
the balance of 2001 will be extremely soft. Looking further ahead, indications are that 2002
production of both light vehicles and commercial vehicles may be significantly lower than 2001
levels. This more negative outlook was a critical factor in our decision to pursue the more
aggressive actions we are undertaking.

 

"Dana and its people have weathered severe market conditions in the past," he added. "
As consumer confidence returns and our markets recover, we will be well-positioned as a
technology-driven, market leader serving domestic, transplant, and international customers.
I am confident that we will emerge from the current situation a stronger, more competitive
company better positioned for an upturn."

Dana's Internet address is www.dana.com.

 

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Bay View Capital Corporation Announces Third Quarter Results; Reduces Cost Of Deposits to
3.13% at End of September

 

 

SAN MATEO, Calif / -- Bay View Capital Corporation (NYSE: BVC) (the "Company") today
reported a third quarter 2001 net loss of $0.6 million, or $0.01 per share, as compared to a net
loss of $95.4 million, or $2.11 per share, for the second quarter of 2001 and a net loss of $234.5 million,
or $7.18 per share, for the third quarter of 2000.  Adjusting for the non-recurring nature of
certain specific charges and excluding goodwill amortization, operating cash results for the third
quarter of 2001 were a net gain of $1.1 million, or $0.02 per share.

 

The highlights of Bay View's third quarter included an increase in transaction accounts, a
decrease in the cost of deposits and the continued reduction of franchise asset exposure. 
During the quarter, Bay View Bank's transaction accounts, which are lower-cost deposits

as opposed to retail certificates of deposits, grew by $118.9 million, or 6.5% and increased
to 57.7% of total deposits from 53.2% for the prior quarter.  The increase in transaction
accounts, combined with the prevailing low interest rate environment, helped Bay View
reduce its total cost of deposits to 3.54% for the third quarter of 2001 from 4.44% for
the prior quarter.  At September 30, 2001, the overall cost of deposits decreased to 3.13%
from 4.01% at June 30, 2001.  To further reduce the Company's cost of funds in the third

quarter of 2001, wholesale borrowings were reduced by $174.6 million as advances from
the Federal Home Loan Bank of San Francisco were paid-down and the Company's
warehouse line was paid-off.

 

"The continued growth of our transaction accounts is very encouraging and demonstrates
the continued success and value of our deposit franchise," said Robert B. Goldstein,
President and CEO of Bay View Capital Corporation. "These low-cost transaction
accounts are an essential funding source which, combined with the pay downs of our
wholesale borrowings, provide us with lower-cost funds needed to execute our strategic plan."

 

As previously announced, Bay View completed the sale of $278 million of franchise loans
to Goldman Sachs Mortgage Company during the quarter.  The sale reduces Bay View's
portfolio of franchise loans to about $274 million in unpaid principal balance, down 67%
from $823 million at the beginning of the year.  Net of mark-to-market valuation adjustments,
the net book value of Bay View's franchise loan portfolio was $252.8 million at September 30, 2001.
Approximately $59 million in additional franchise loans has been contracted to sell in the fourth
quarter further reducing this portfolio.  Also during the quarter, the Company sold
approximately $97 million of mortgage-backed securities and recorded a pre-tax gain of $1.4 million.

 

"We will continue our efforts to reduce our remaining franchise loan exposure in the fourth
quarter," added Goldstein.  "Exiting non-core businesses and eliminating high-risk assets
remain our primary objectives."

 

Loan originations totaled $232.3 million for the quarter compared to $224.4 million for
the prior quarter.  Originations for the quarter included $89.5 million in multi-family
mortgage loans, $87.1 million in auto loans, $30.9 million in home equity loans and $24.8
million in commercial and business loans.  These originations were offset by the sale of
approximately $295 million of franchise loans and $7 million of commercial loans during the quarter.

 

The Company's net interest income and net interest margin for the third quarter of 2001
were $27.8 million and 3.17%, as compared to $29.7 million and 2.83% for the prior
quarter.  The decrease in net interest income was primarily due to lower average interest-earning
asset balances partially offset by higher net interest margin.  The decrease in average
interest-earning assets was primarily due to asset sales during the year.  The increase
in net interest margin was primarily due to lower cost of deposits resulting from the lower
interest rate environment and the increase in transaction accounts as previously mentioned.
 
This was partially offset by lower yields on assets which was also impacted by the
lower interest rate environment.  Normalized net interest margin, which the Company
defines as net interest margin adjusted to include the net rental income from its auto
leasing activities and the expenses related to its Capital Securities, was 3.48% as
compared to 3.13% for the previous quarter.

 

Nonperforming assets, net of mark-to-market valuation adjustments, improved
slightly to $83.2 million at September 30, 2001 as compared to $84.5 million at
June 30, 2001.  Loans and leases delinquent 60 days or more at September 30, 2001
were $88.8 million as compared to $78.5 million at June 30, 2001.  The increase
in loans and leases delinquent 60 days or more was primarily due to an increase in
franchise loan delinquencies. Nonperforming assets excluding franchise-related
assets were $22.0 million at September 30, 2001, as compared to $19.6 million

at June 30, 2001, while non-franchise delinquencies were $20.6 million at

September 30, 2001 as compared to $27.0 million at prior quarter end.

 

The allowance for loan and lease losses was $49.7 million or 2.06% of total
loans held for investment.  Within this allowance, $21.7 million is specifically
allocated to the franchise portfolio and represents 14.04% of that portfolio. 
The balance of the allowance of $28.0 million represents 1.24% of the
remaining loan portfolio.  In addition, within the held-for- investment portfolio
of loans is another $11.7 million of mark-to-market valuation adjustments on
loans transferred from held-for-sale to held-for- investment which is available

to absorb losses on these loans.

 

General and administrative expenses were $37.0 million for the third quarter
of 2001 as compared to $44.7 million for the second quarter of 2001. The
decrease in general and administrative expenses from the prior quarter was
primarily due to various charges recognized in the second quarter of 2001
related to restructuring combined with lower post-restructuring expenses
in the third quarter of 2001.

 

Excluding net gains or losses on sales of assets, noninterest income was
$28.0 million for the third quarter of 2001 compared to $30.8 million for
the prior quarter.  The decrease in noninterest income excluding net gains

or losses on sales of assets from the prior quarter was primarily due to a
decrease in loan servicing income and loan fees and charges, resulting from
the sale of Bay View Franchise Mortgage Acceptance Company and its
related servicing platform, and a decrease in income related to auto leases,
which the Company ceased purchasing in June 2000.

 

The Company recorded a tax benefit of $0.4 million for quarter-to-date
losses and $59.9 million for year-to-date losses.  The Company expects
to be able to fully recover these additional deferred tax assets.

 

As previously announced, the Company will host a conference call at
1:30 p.m. P.D.T. on October 18, 2001 to discuss its financial results.
Analysts, media representatives and the public are invited to listen to
this discussion by calling 1-888-425-9158 and referencing the
password "BVC."  A simultaneous webcast of the conference call
will be available at http://www.corporate-ir.net/ireye/ir-site.zhtml?ticker=BVC&script=2400 .
 
An audio replay of this conference call will be available through Monday,
November 19, 2001 and can be accessed by dialing 1-888-568-0432.

 

Bay View Capital Corporation is a commercial bank holding company
headquartered in San Mateo, California.  The Company's principal
subsidiary is Bay View Bank, a nationally chartered commercial bank
which is the largest deposit franchise exclusively serving the San Francisco
Bay Area with 57 full-service branches.  Bay View offers a full array of
retail and commercial banking products and services to its customers. 
For more information, or to locate the closest branch, call 1-800-BAY VIEW
(1-800-229-8439), or visit www.bayviewbank.com.

 

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Allegiant Partners Inc Adds Board Member           

                                       

Allegiant Partners Incorporated announced today that it has added
Richard J. Gallivan to its board of directors.  Mr. Gallivan is a Managing
Director in the Technology Group of  Salomon Smith Barney. 
His investment banking experience includes merger, acquisition and
divestiture transactions, company valuations and fairness opinions, and public
and private equity, equity-linked and high yield and investment grade debt financing.

“Rich brings to Allegiant Partners experience with previous boards and an
excellent understanding of capital structuring and strategic planning. 
He will be a great asset as we begin the second phase of our capital growth
plan,” said Chris Enbom, President of Allegiant Partners.

Allegiant Partners has raised over $5 million over the past twelve months
in the form of equity, subordinated convertible debt, a warehouse funding
line and two separate term funding facilities.  “Allegiant Partners has been

executing a well defined business plan for the past two years in building its
lease underwriting capacity.  We have grown at a sustainable pace and hav
e booked structured transactions in the range of $50,000 to $1,000,000
of good credit quality and at solid yields.  Our credit process, with Ben
Carlile at the helm, is exacting but fair,” added John Steindorf, Managing Director.  

For more information on Allegiant Partners Incorporated please visit
www.allegiant-partners.com or contact Chris Enbom or John Steindorf

at the ELA convention in Boca Raton.

                       

           

Sites of Reference:

http://allegiant-partners.com

CONTACT:

Chris A. Enbom

Allegiant Partners Incorporated

Phone Number: 415-455-0801

Fax Number: 415-455-0772

E-mail: cenbom@allegiant-partners.com

 

 

 

 ( courtesy of ELAonline.com )

 

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ID card idea attracts high-level support

Top executives, lawmakers back national identification card proposal

 

 

BY ELISE ACKERMAN

AND PAUL ROGERS

 

San Jose Mercury News

Silicon Valley software mogul Larry Ellison's proposal to create a national ID card has gained
substantial ground -- and the interest of top Bush administration officials -- in a signal that
the controversial idea may be closer to reality than ever.

In an interview with the Mercury News on Tuesday night, Ellison, the chairman and CEO of
Oracle, said he met with U.S. Attorney General John Ashcroft and officials at the CIA and
FBI in Washington, D.C., over the past week to discuss the idea. U.S. Sen. Dianne Feinstein,
D-Calif., has endorsed it, other tech executives have jumped on board and even some
prominent civil libertarians have said the idea is worth pursuing.

 

``We are in the process of putting a proposal together and analyzing what it would take to

get to get something running in a matter of a small number of months, like three months, 90
days,'' Ellison said. ``We think we could put up this technology very, very quickly.''

 

The idea of a national ID card has been debated since the 1930s. But Ellison's proposal in the
wake of the Sept. 11 terrorist attacks has reignited the dispute over privacy and security.

Under Ellison's plan, the government would create a national identification card. The card would

contain basic information about the holder, including Social Security number, and would be
linked to a federal database containing detailed personal data, including digital records of the

person's thumbprint, palm print, face or eyes.

 

Passengers would show the card at airports, Ellison said, and would have their thumbs scanned
by a digital reader to verify identity before boarding a plane.

The cards also would be instantly checked against a new national database. That database
would base would link existing criminal and immigration data to screen out potential terrorists.

 

Oracle software

 

Ellison unveiled the idea three weeks ago in an interview with a Bay Area TV station. In it, he
offered to donate the software. His company, Oracle, based in Redwood City, is the world's
leading maker of database software. He is among the world's richest men, with a fortune estimated at $15 billion.

 

Since then, Ellison has offered more details.

 

The cards would be voluntary for all U.S. citizens, he said Tuesday. Any American without a
card still could board a plane, but only after undergoing a more rigorous search.

 

``I think 99.99 percent of Americans will want these ID cards,'' Ellison said. ``Wouldn't you
feel better if everyone who walked into an airport showed their ID card and put their thumb
in the scanner and you knew they were who they said they were?''

 

The cards would be mandatory, however, for foreign visitors, including students on visas and
non-citizens living and working in the United States who now carry ``green cards,'' he said.
Ellison has not offered specifics on how the estimated 8 million illegal immigrants in the United
States might be affected.

The national ID card idea has won the approval of retired Gen. Norman Schwarzkopf, Harvard
law professor and civil rights expert Alan Dershowitz and Sun Microsystems CEO Scott McNealy
in the past week.

e Senate subcommittee on terrorism, who met with Ellison on Thursday. Feinstein said she will
write a letter this week to Ashcroft asking the Bush administration to move forward.

 

``There has to be some ID,'' Feinstein said. ``We have had a major catastrophe. This is a
very serious time. The country is at war. The purpose here is to protect ourselves.''

 

Mindi Tucker, a spokeswoman for Ashcroft, said the attorney general would have no comment
Tuesday night.

 

Concern for liberty

 

Critics say such a card would give government too much power to track citizens.

``ID cards were used by the South African government to keep apartheid in place and by
Malaysia to separate religious people by group,'' said Marc Rotenberg, executive director of
the Electronic Privacy Information Center, a non-profit group in Washington, D.C.

 

Rotenberg and other opponents, including the American Civil Liberties Union, worry it could be
required to board buses, apply for jobs, or even enter cities facing terrorist threats.

 

But supporters say those concerns are overblown.

 

At a speech in Salt Lake City last week, former Desert Storm commander Schwarzkopf said he
saw nothing wrong with ID cards. ``I've had a military ID card since I was a cadet at West Point
and I haven't lost any freedom,'' he told a cheering crowd.

 

Taking another approach, Harvard lawyer Dershowitz said he believes having an ID card would
reduce racial profiling at airports.

 

``Four Arab-looking guys reading the Koran are much less suspicious if they have the cards
and can just slash them through card readers,'' he said.

Dershowitz said the database would have to be carefully guarded and that police should not
be able to ask for a card at will, a view Ellison and Feinstein share.

``You don't give up much,'' Dershowitz said. ``Civil libertarians will come around.''

Any move by the federal government to institute a national ID card system could mean millions
for Silicon Valley companies.

 

Shalini Chowdhary, an analyst at Frost & Sullivan, said the U.S. government could end up
spending more than $3 billion on computer chips, hardware, software and services that
go into creating so-called ``smart'' ID cards.

 

Ellison said that if he does donate the software, maintenance and upgrades won't be free.

``I don't think the government has any trouble paying for the labor associated with the
software,'' he said. ``I made this offer not because the government can't afford to pay
for the software, but because I shut up the critics who were saying, `Gee, Larry Ellison
wants to build a national database because he wants to sell more databases,' which is
pretty cynical and bizarre. What's in it for me is the same thing that's in it for you: a safer America.''

 

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Traditional system of paperless money transfers could benefit bin  Laden network

By Laura King, Associated Press,

 

PESHAWAR, Pakistan (AP)   In the twisting alleyways of this ancient trading post on the
Pakistani frontier, illicit business of every kind has thrived for centuries.

But one of the most secretive enterprises is carried out in

plain view, in the guise of routine transactions that take place dozens of times a day
behind the city's uncounted, nondescript

storefronts   an import-export office, or a trading mart.

It's called ''hawala,'' and investigators believe Osama bin Laden's terrorist network may
be using this traditional brokering

system to move mountains of cash around the world without leaving

an electronic fingerprint or paper trail.

Taking its name from the Urdu-language word for ''reference,'' this low-tech method of
money transfers is widely used in south

Asia, the Middle East and beyond.

It works like this: a customer walks into an office with a wad

of cash and tells the broker where to send it.

A day or two later   or as quickly as an hour, in a pinch   the faraway recipient,
identified by name or just a code number, goes

to an affiliated broker and walks away with that same amount of

money, minus currency-conversion costs and perhaps a nominal fee.

Sometimes the money is even home-delivered.

The actual cash, of course, hasn't gone anywhere. Reimbursement

is based on a system of trust among the network of hawala brokers,

who are often blood relatives. They generally use a running tally

of debt and repayment to settle up, rather than any money actually

changing hands.

Hawala is almost universally outlawed, but financial experts believe many or even most
of the transactions
are innocent, involving customers who can't afford high banking fees or simply

want to avoid long waits and cumbersome paperwork.

The system blossomed in the 1970s, when huge numbers of laborers

from the Indian subcontinent began working in wealthy Persian Gulf

states and needed a way to get their wages home.

Ordinary people   including several middle-class Pakistanis interviewed in Peshawar   said t
hey used it send tuition money to

college-age children studying in the West, or cash gifts to relatives either living abroad

or in the countryside.

But financial experts say the system's relative anonymity and lack of any legal record
keeping also makes it attractive to drug

traffickers, weapons brokers, tax evaders, corrupt officials or

operatives of a shadowy network like that of bin Laden.

The amounts of money floating through the hawala system at any

given time are huge. Analyst Shah Sahib of the Pakistan Allied

Bank, the country's fourth-largest, estimates transactions in

Pakistan alone could total $1 billion per day.

''It's very deeply entrenched in the culture, and because of that, it would be very, very
difficult to eradicate,'' he said.

True to its name, the system requires most customers to come

armed with a reference   an introduction from someone who is

already a client.

''I would never deal with a stranger,'' said a Peshawar hawala broker who would only allow
his last name, Khan, to be used. He

described his company's structure: a head office in Dubai, branch

offices in half a dozen Pakistani cities and a dozen foreign

capitals.

The branch offices often engage in legitimate financial business

as a cover: money changing, money lending, an import-export

business, or currency trading. In small Pakistani towns, the local

hawala broker might run a general store, or be a rug merchant.

Talking about the business, Khan sounds like any enthusiastic

sales representative.

''What we offer our customers is good service,'' he says. ''We're fast, we're reliable, and
we're efficient.''

In Peshawar alone, he estimated there are 200 hawala brokers,

some large and some small.

His own company handles daily transactions ranging from a few

hundred dollars to several hundred thousand. Bigger brokers, he

said, are concentrated in the country's financial centers of

Karachi and Lahore.

Khan's own associates have been in business for decades together, and come from the same
clan. Asked whether he had full

trust in his partners   the linchpin of the business   he laughed.

''We all know each other, each other's families,'' he said.

''The world is a small place.''

In the five weeks since the terror attacks on the World Trade Center and the Pentagon,
Pakistan's hawala trade is beginning to

feel the heat. One of the biggest brokers in the southwestern city

of Quetta had his assets frozen as part of the U.S.-inspired drive

to halt the flow of funds to groups suspected of having links to

terror.

Quetta, like Peshawar, is close to the Afghan border. And like Peshawar, it is a stronghold of
fundamentalist Islamic groups that

are sympathetic to bin Laden and the Taliban.

Khan thought his own business would easily survive any crackdown.

''We have seen this happen before, and it doesn't last long,''

he said. ''Besides, they will be going after the big fish.

Fortunately for us, we are medium-sized fish.''

One Peshawar professional man, who did not want his name used,

said he used hawala half a dozen times or so a year, mainly out of

impatience over the monthlong lag of a bank transfer.

His only unsuccessful transaction came not long ago, he said, when he had arranged
to send a gift via hawala to help a friend in

Manila with school fees.

The next evening, the broker returned the cash, telling him: ''This isn't a good day for
a transaction.'' It was Sept. 11.