October 22, 2001

Headlines---

 

Anthrax Scare at UAEL Emeryville, California Office

   1084 Attendance for ELA 40th Annual Leasing Conference

     Travis Foxx Warns about a New Virus

        Santa Barbara Bank & Trust Earnings Up

          More About our New F.A.Q. Section

              eMarket Capital Signs Harris Waste Management

 

Special Report:

  Practical Ethics---If Crime is Not punished, Does it Cease to be a Crime?

        Written by Kit Menkin and Charlie Lester

 

### denotes press release

 

 

Anthrax Scare at UAEL Emeryville, California Office

 

Executive Director of the United Association of Equipment Leasing said

her office was just packing up, getting reading for the San Antonio, Texas

Conference when the police came in letting her know they may have

to evacuate the building   The first thing she thought of was to make

computer back-ups of all the material in case they had to leave everything

behind. She could leave the material behind, and re-create it.

 

On the first floor of their small building complex in Emeryville,California,

the NBC affiliate KRON-TV News East Bay office reported to have

received an envelope by mail with white powder in it.  The office and the

office next door were immediately sealed and everyone taken to be

tested. There was a common ventilation system between both offices.

 

On the other side of Joan Dalton’s office wall on the second floor

is  ABC TV News KGO East Bay.  Luckily they accept no mail here

only Federal Express and UPS as all mail goes to their main office in San Francisco.  It was reportedly tense for several hours.

 

The authorities decided there was no chance of exposure for the second

floor and testing in three days would determine if the white powder was

Anthrax or a hoax.

 

“ We were all pretty shaken by this, “ she said.  “The first thing we did

was remove all the conference material, as we were given the green light

to do this by all the authorities.   If it had been my next door neighbor,

the staff and I and the materials would probably have missed the

conference, especially if it turns up to be anthrax.”

-----------------------------------------------------------------------------------------------------

 

Practical Ethics---If Crime is Not punished, Does it Cease to be a Crime?

 

 Special Report

    Written by Kit Menkin and Charlie Lester

 

If a tree falls on a desert island, does it make a sound when it falls?

 

This is an old college question, and many of us had fun trying to

justify our answer.

 

Does fraud exist, if it never is prosecuted?  If crime is never punished,

does it cease to be a crime?  When do we hear the sound of a tree,

if we are not there?

 

On September 4, 2001, Leasing News began publishing question and answer articles with Charlie Lester, President of LPI Financial, Atlanta, Georgia, formerly President of Lease Pro, who sold his company to Sierra Cities in 1997.  Charlie is also the senior member of the Leasing News Advisory Board.  The three day interviews concerned private label recourse programs, the procedures, the process, the pros and cons, and is available on-line at:

http://www.leasingnews.org/archives/September01/9-04-01.htm

http://www.leasingnews.org/archives/September01/9-05-01.htm

http://www.leasingnews.org/archives/September01/9-06-01.htm

 

On September 7, 2001, we asked:

 

Open Question for American Express Business Finance

 

"Based on extremely reliable insider information, Leasing News has been told that a former First Sierra employee would be agreeable to "give up" Depping   in return for a lawsuit settlement with American Express.

 

 “The question is,  ‘Does American Express have reason to want Thomas Depping to “answer” for actions he may or may not have taken?’"

 

In the same issue, an executive interviewed by Leasing News via telephone, who asked not to be named, says he was employed by Sierra Cities at one time. He said he came into Houston for a meeting, and at a Chinese Restaurant with Fred Van Etten, Greg McIntosh, and perhaps two other people, which for legal reasons Leasing News is not going to name, when the conversation of RW Professional Leasing came up. (Later on, two of the four people at that that restaurant confirmed to Leasing News that the meeting did take place).

 

He told the gathering he knew the company as Professional Leasing, who did

a lot of dental business when he was at the Vanguard Division of Old Kent

Bank for eleven years. He said this company ripped them off for between $6 million to $10 million. He asked, “Why should Sierra Cities do business with them?”  He was told Sierra Cities had the corporate and personal guarantees---and it was recourse, so Sierra Cities was supposedly protected. 

 

Now, the situation with American Express Business Finance centers on “what happened to the recourse agreement and the personal guarantee?” and was stock involved in any  “arrangement?”  What does Greg McIntosh know? Will Fred Van Etten talk? Will Thomas Depping finally come forward and give his side to the story or is he content to be known as a business failure and possible stock price manipulator? Will Sandy Ho tell about her role?  Will Mark McQuitty talk about his on-going issues with American Express?  Will Jim Raeder speak publicly on why he was let go by Sierra Cities?  P.S.: It wasn’t about Republic Leasing Group.  The spin-doctors may have put it out that way, but Fred Van Etten and Jim Raeder were let go for the same reason. What did Oren Hall know and will he step up to the task as a past President of UAEL and a senior mentor for the industry?  Will Charlie Lester write the entire story for Leasing News, naming names, places, and dates?  Did it center on the Private Label Recourse Program and RW Professional Leasing?  Is that why Leasing News spent three days defining private label recourse and non-recourse? Does the leasing community have the right to know so they can protect themselves in the future?  Perhaps from a legal standpoint, do American Express stockholders have the right to know the truth if American Express paid too much for Sierra Cities due to hidden problems”. Did American Express fail in their job of  due diligence before acquiring Sierra Cities and did they cost their stockholders millions? Is fraud involved? Is this a crime?  How did Professional Leasing allegedly get away with it with Vanguard? Is Professional Leasing the same company as RW Professional Leasing?

 

We have been asking these questions.

 

 

 

 

 

 

Leasing News also asked this question to all Funders who read Leasing News:

 

“Broker calls up funding source and says, "How did you like the way I screwed

you over for $10,000,000. Was it as good for you as it was for me? Well, I

thought it was fun and now you have a decision to make---do you put me in

jail and get nothing or will you settle for $3,000,000 and give me a clean

bill of health so I can go back to business as usual?" To all the funding

sources, what would your answer be? If your company policy is to prosecute,

how many fraudulent brokers, vendors or lessees have you brought criminal

charges against in the past five years?”

 

Not one funding source replied.  We asked the question again.

No response.

 

Then the events at September 11th happened, affecting all of us, especially

American Express, who has offices in the area (not the American Express

Business Finance Operation).

 

We did not think it was appropriate at that time to pursue the story on-line so we

waited until now.

 

On September 7, 2001, Leasing News then queried over twenty funding sources,

several well-known to us, and not one wanted even to say, “ no comment.”

 

On October 1, 2001, we started back on the story, actually calling several funding sources by telephone. What would they do?   None wanted to “get involved.”   In fact, the unanimous request was, “ Please leave us out of this, Kit?”

 

Why?  Let’s guess.  They know if they are in a similar circumstance, the question of “ethics” and “protecting the leasing industry” goes out the window.  Cash counts.  Money means everything, so take it and look the other way.  If a “deal is made, “ take it and close your eyes.

 

We asked the questions as part of our story on the acquisition of Sierra Cities by American Express.  Was history repeating itself?  Were deals being made “to look the other way?”  Did Thomas Depping specifically “remove” the personal guarantee portion from the portfolio of Barry Drayer at RW Professional Leasing or did one ever exist?

 

We recently talked to Greg McIntosh, now at Snider Leasing, Sacramento, California. (I personally have known him and done business with him for fifteen years or more. He is honest, a very good credit man, hard worker; a straight shooter. editor ). He says American Express was moving his position to New Jersey, so he exercised his termination agreement in place before the acquisition took place.  He said American Express had done their due diligence and was looking into all matters.  He would not comment on the record and expressed his desire to “stay out of the entire matter.”

 

During this time, Old Kent Financial closed their doors.  Several of the executives

felt any deals made to keep quiet were now gone, as the company was no longer

in business.

 

We then received several e-mails, and the person requested that we use their name.  They even spoke to an attorney (I believe the Old Kent attorney, but cannot confirm this as I did not keep notes on this).

 

“I hope this is not the same Professional Leasing on the east coast that took Old Kent Leasing for a ride on many fraudulent transactions with dental practices.  If it is, I can tell everyone how it was done and what to look for since I had to charge-off the money and we ended up settling with Professional Leasing as well.  If anyone wants some insight I would be happy to provide it.”

 

Leasing news called, spoke to the person, and then confirmed the person’s position,

and also received similar information from our source that it was true:

 

“A fictitious vendor supplied an application for a dental practice installing "NEW" medical equipment.  All credit checks were completed on the customer etc.  Only if the lessee defaulted would you ever know that there was in fact no new equipment.  The equipment description on the vendor invoice was either for existing equipment that was in some cases over 20 years old or it never existed.  These were in fact loans.  We had a couple of lessee's so afraid of being sued and going to jail for fraud that they signed statements and admitted just how much cash they received.  Needless to say the cash the lessee received was a lot less than the amount funded to Professional Leasing. The lessees claimed this vendor solicited them to supply additional cash for the business and all they would have to do is ‘sign on the dotted line’.”.

 

Our original source who was involved, said that a settlement was made for a much smaller amount on the condition that Old Kent would not go public about the losses on Professional Leasing’s role in these deals. This was reported in Leasing News earlier as being discussed at a Chinese Restaurant in Houston.

 

It was reported to Leasing News by one of  the 40 or more former vice-presidents of Sierra Cities, and confirmed by three other highly reliable sources that RW Professional Leasing was allegedly double dipping or even triple dipping deals (same deal to ATT and First Sierra and banks doing business with RW) and when RW received a payoff from a recourse client, they allegedly did  not always payoff the deal at the original funding source.  In addition, reliable sources have told Leasing News that Tom Depping refunded most of the reserves RW had with Sierra Cities in return for a promise of more volume. Now American Express has the portfolio and small in-house reserves from RW to cover repurchases.  American Express has reportedly audited the books, interviewed Greg McIntosh, among others, and found the loss potential, but they are allegedly not sure how to proceed since there is no personal guarantee from Barry Drayer.  Leasing News has not been able to confirm or

deny this.

 

These were among the questions we wanted to ask, including the rumor of a bankruptcy as a means to avoid repayments to American Express.  Was RW double or triple dipping deals and when RW received a payoff from a recourse client, did they always payoff the funding source?  These sources say the statement is accurate, but what does Mr. Drayer say?  In addition, we are told, Tom Depping refunded most of the reserves RW had with First Sierra in return for a promise of more volume. Is this true?  Will the Securities Exchange Commission or a Court of Law be the arbitrator?  Has American Express decided to sweep this under the carpet,

just as Vanguard and Old Kent reportedly did?

 

 Now American Express has the portfolio and small in-house reserves from RW to cover repurchases.  American Express has reportedly audited the books and found the loss potential, but they are not sure how to proceed since there is no personal guarantee from Barry Drayer. Reportedly there was such an arrangement before the acquisition.  Was a deal made? Leasing News believes papers have been signed, but cannot get confirmation or denial.

 

It appears from public records that RW Professional Leasing Services is incorporated in Nassau County, NY. Address is 4584 Austin Blvd., Island Park, NY 11558.  Mailing address is P.O. Box 296, Island Park, NY 11558. Principals are Rochelle Besser, President (sister of Barry Drayer) and Wallace Besser, Vice-President (I guess we know where RW comes from now). The corporation is also registered in Florida as a Foreign Profit corporation. New stationery shows all the same addresses and phone numbers, but the name on the letterhead is now Professional Leasing Services. At the bottom of the page, it says a Division of RW Professional Leasing Services Corp.

 

We have sought comments directly from RW Professional on two occasions, and on three occasions with the attorney for RW Professional, Salvatore D. Ferlazzo Girvin & Firlazzo, Albany, NY who told us his client “ Barry Drayer “ did not want to issue a statement or respond to questions and wants to proceed with a lawsuit as we have not satisfactorily answered the “ demands” of Mr. Drayer. We have attempted to reach Mr. Ferlazzo two times since then by his voice mail and via emails, including sending him comments regarding our source who wants to be named and worked at Old Kent.

 

Leasing News tries to be accurate and fair. We are comfortable with the sources of our information to print this story.

 

We will have more, including the inside of the MidAm Portfolio story.

 

_____________________________________________________________

 

Equipment Leasing Association Outstanding 40th Annual Conference Attendance

 

We closed registration yesterday for the ELA 40th Annual Conference, Oct. 28-30 in Boca Raton, FL with 1084 registrants. It is going to be a great conference!

 

Best wishes,

 

Amy J. Miller

Vice President, Communications

Equipment Leasing Association

www.leaseassistant.org; www.elaonline.com

 

__________________________________________________________________

 

New Virus  ( Hit a Leasing Company Server . At this time, the company

   perfers us not to mention their name as they are helping authorities

   to track the sender. editor )

 

from:

Travis Foxx <travisfoxx@merchantcapital.net>

 

'Redesi' worm reformats hard drives

 

 <http://www.zdnet.com/zdnn/stories/news/>

 

By Matt Loney

ZDNet (UK)  <http://www.zdnet.co.uk>

 

A worm disguising itself as a security patch for Microsoft products will

in fact reformat the victim's C: drive. The Redesi worm spreads by

e-mail under a number of guises, and is set to trigger on November 11,

2001. But not all PCs are vulnerable to the worst of its effects, and

there is an easy way to stop the damage.

 

Redesi has so far been seen in two variants; either as a Microsoft patch

or as what will appear to most people more like junk e-mail. In the

first case, the e-mail worm comes with a header randomly selected from a

list that includes "FW: Microsoft security update," and "FW: Security

Update by Microsoft."

 

The body of the e-mail purports to be sending on an e-mail from

Microsoft's support desk, with the comment: "Just recieved this in my

e-mail I have contacted Microsoft and they say it's real!" After a fake

Microsoft header containing the subject "Security Update", is the

following message:

 

"Due to the recent spate of e-mail spread computer viruses Microsoft

Corp. has released a security patch. Please apply the attached file to

your Windows computer to stop any further spread or these malicious

programs. Regards Microsoft Support"

 

The second variant arrives with headers such as: "Scientists have found

traces of the HIV virus in cows milk...here is the proof -- Will", "Yay.

I caught a fish -- Six", and "I want to live in a wooden house --

Arwel".

 

This variant contains the text: "heh. I tell ya this is nuts ! You gotta

check it out !", and names the offending attachment from the following

list:

 

Si.exe

ReDe.exe

Disk.exe

Common.exe

UserConf.exe

Both versions are equally dangerous, said Denis Zenkin of antivirus

company Kaspersky Labs, but only PCs running older versions of Windows

that use the autoexec.bat file are vulnerable to having their hard disks

formatted on 11 November.

Aside from sending e-mail copies of itself to every address in Outlook,

Redesi writes a comment into the autoexec.bat file of PCs. This comment

attempts to format the C: drive if the machine is booted up on 11

November. PCs that run Windows 2000 and Windows XP are immune from this

formatting, since these versions of Microsoft's operating system do not

use autoexec.bat. But any machine running Outlook will still be

susceptible to the part of the virus that e-mails itself on to others in

the contacts book.

 

Protecting a PC from the formatting effects of the virus is relatively

simple, said Zenkin. The Redesi virus checks the system date and if it

is 11/11/01, attempts the format. This means that PCs using both the

European and US shortform dates are vulnerable. The solution, according

to Zenkin, is to set the date to the long format, using four digits for

the year. "If they don't match then the payload will never be

activated," said Zenkin. Many older PCs will have their date set to the

long format already to make them immune from the Y2K bug, which results

from confusion over which century a date falls in when the short date

format is used.

 

Zenkin said Kaspersky Labs had received no reports of the worm in the

wild yet. Microsoft did not respond to requests for comment at the time

of posting.

 

Redesi.a selects an e-mail subject from the following list:

FW: Microsoft security update

FW: Security Update by Microsoft

FW: IT departments on state of HIGH ALERT

FW: Important news from Microsoft

FW: Stop terrorists computer viruses reign

FW: Terrorists release computer virus

FW: Emergency response from Microsoft Corp. FW: Terrorist Emergency.

 

 

 

 

U.S.Bancorp Manifest Now in New “Digs”

 

Congratulations on the successful move with the latest equipment

and software and completely new facilities.

 

___________________________________________________________________

 

Santa Barbara Bank & Trust Earnings Up Compared to Previous Quarter

 

The leasing assets are aggregated in loans, however we are a very profitable

segment with a gross receivable balance of around $150MM.  As long as we cn

maintain our credit quality, we will be a player in the indirect funding

side of leasing.   The Banking Industry is very wary of doing business with

brokers/lessors due to the failures of this model in the recent past.   We

are committed to making the model work because we believe in it.  It just

requires discipline on all parties.

 

*************************************************

Paul J. Menzel, CLP

Senior Vice President / General Manager

Leasing Division

SANTA BARBARA BANK & TRUST

P.O. Box 1199

Santa Barbara, CA 93102-1199

1 South Los Carneros Road

Goleta, CA 93117

(805)560-1650

PaulM@sbbt.com

 

 

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PACIFIC CAPITAL BANCORP

REPORTS THIRD QUARTER

FINANCIAL RESULTS

Company Provides Revised Guidance for Fiscal 2001

 

Santa Barbara, Calif., / -- Pacific Capital Bancorp (Nasdaq:SABB), a multi-community bank holding company with $3.75 billion in assets, today announced financial results for the quarter ended September 30, 2001, and revised its earnings guidance for the year

.

 

For the third quarter of 2001, the Company reported earnings of $11.3 million, or $0.41 per diluted share. This compares with $6.7 million, or $0.25 per diluted share, reported for the third quarter of 2000. Reported earnings for the first nine months of 2001 were $45.8 million, or $1.68 per diluted share, compared to $39.1 million, or $1.47 per diluted share, reported for the first nine months of 2000.

 

 Third quarter 2001 reported earnings compare to third quarter 2000 core earnings (reported earnings exclusive of merger-related expenses) of $11.3 million, or $0.43 per diluted share. The decrease in year-over-year earnings per share is due to an increase in the average number of shares. Core earnings for the first nine months of 2000 were $44.5 million, representing $1.67 per diluted share.

 

Based on reported earnings, the Company’s return on average equity and return on average assets for the third quarter of 2001 were 13.66% and1.18%, respectively, compared to 9.35% and 0.75%, respectively, for the third quarter of 2000. Year-to-date return on average equity and return on average assets were 19.24% and 1.58% for the first nine months of 2001, compared to 18.44% and 1.42% for the first nine months of 2000.

 

Using core earnings for the third quarter of 2000, return on average equity and return on average assets were 15.84% and 1.26%, respectively. Based on core earnings for year-to-date 2000, return on average equity and return on average assets were 20.95% and 1.62%, respectively.

 

“During the quarter, the Federal Reserve Bank lowered interest rates an additional 75 basis points on top of the 275 basis points in rate cuts in the first six months of the year,” said William S. Thomas, Jr., President & Chief Executive Officer. “Due to the nature of our community bank business model, in which the majority of our funding comes from very low-cost deposits and many of the loans in our portfolio have variable rates, a rapidly declining interest rate environment puts significant pressure on our net interest margin.

 

“The Central Coast economy is seeing some isolated slowing, although our markets continue to weather the economy better than other parts of the nation,” said Thomas. “The areas of our loan portfolio that we have previously indicated were most vulnerable in a slower economy had some migration during the third quarter into less favorable credit categories. Specifically, these included the loan portfolios of our two recent acquisitions. Additionally during the third quarter, several of our larger customers that conduct portions of their business in regions adjacent to our markets were impacted by worsening economic conditions in those areas, and those loans also migrated into less favorable credit categories.

 

“Despite these factors, we still posted a solidly profitable third quarter as we manage through these challenging times with the same basic strategies that have served us well in difficult economic environments in the past,” said Thomas. “We are focused on prudently growing and diversifying our loan portfolio, maximizing the non-interest income contributions from our niche businesses, and taking steps to minimize the pressure on our net interest margin as we position the Company for better economic conditions,” said Thomas.

 

During the third quarter of 2001, total interest income was $66.7 million, compared with $69.8 million in the same period last year. This decrease occurred as the lower rates earned on loans offset the positive impact of higher loan balances.

 

Total interest expense for third quarter 2001 was $23.1 million, compared with $27.7 million for the third quarter of 2000, as rates on deposits also decreased.

 

Net interest margin for the third quarter 2001 was 5.13%, compared with 5.34% in the same quarter of 2000, and 5.08% in the second quarter of 2001.

During the third quarter, the Company took several steps to mitigate the impact of rate cuts on net interest margin, including increasing holdings of securities with longer maturities and moving overnight funds into higher yielding investments. The Company anticipates taking similar measures in future quarters if interest rates continue to fall.

 

Despite a slower economy in its Central Coast markets, loan demand continued throughout the Company’s network of community banks. Total loans increased $76.3 million or 2.9% during the third quarter, to $2.72 billion at September 30, 2001. This compares to $2.64 billion at the end of the prior quarter. The increase is primarily the result of greater demand for residential and commercial real estate loans. The Company’s deposit totals held steady during the third quarter of 2001.

 

“All of our community banks are continuing to generate quality new business, even within a more challenging business environment,” said Thomas. “Our management teams are experienced community bankers and have successfully managed through many difficult economic cycles. We have proven that we can profitably run our businesses in good and bad economies, by staying close to our customers and by providing the local contact and decision making that becomes even more critical during times like these.”

 

Non-interest income for the third quarter 2001 increased $1.7 million, or 15.0%, to $13.0 million, compared with $11.3 million in the third quarter of 2000.  Service charges on deposit accounts increased for the third quarter to $3.2 million, up 8.6% over the third quarter of last year. Income from other service charges, commissions and fees for the quarter ended September 30, 2001, increased $0.3 million, or 7.6%, over the same quarter of 2000. 

 

During the third quarter of 2001, other operating income was approximately $2.0 million. This included two major nonrecurring items: the gain on sale of one of the Company’s merchant bankcard portfolios, and the loss on disposal of hedge instruments. The merchant bankcard portfolio of Santa Barbara Bank & Trust, the Company’s principal subsidiary, was sold to First Data Corporation, which operates First Data Merchant Services, in August. In November 2001, First Data Corporation is expected to acquire the merchant bankcard portfolio of Pacific Capital Bancorp’s other bank subsidiary, First National Bank of Central California, and the portfolio of the former Los Robles Bank, recently integrated into Santa Barbara Bank & Trust. The hedge instruments were fixed-for-variable swaps on which the Company was losing money as interest rates fell.  The loss recognized was $718,000.

 

“The sale of our merchant bankcard portfolios contain shared revenue agreements through 2011,” said Thomas. “First Data will provide a dedicated sales force within our Central Coast markets, and they will market merchant bankcard services under the names of our community banks. This arrangement enables an experienced sales force to continue growing the business, and provides our Company with a meaningful share of the future revenues from these portfolios without incurring any of the expense,” said Thomas.

 

The Company’s diverse business mix, one of its core strategies, continued to be an important source of income during the third quarter of 2001. Pre-tax income generated in the third quarter of 2001 by the Trust & Investment Services divisions of Santa Barbara Bank & Trust and First National Bank of Central California was up approximately 11% over the second quarter of the year, despite the impact of continued stock and debt market volatility on customer portfolios. For year-to-date 2001, the number of new accounts under management increased by approximately 16% over the same nine-month period in 2000.

           

            The Company’s operating efficiency ratio for the third quarter 2001 was 62.2% compared with 58.5% for the same period of last year (based on core earnings), and was negatively impacted by continued margin compression.

 

“There are prudent ways to cut costs during more difficult economic times without impacting the customer service levels that are the cornerstone of community banks like ours,” said Thomas. “We have taken a number of steps to reduce overhead in areas that will not negatively impact our service levels, and we expect these steps to improve our operating efficiency ratio in the fourth quarter of this year, without affecting the customer relationships that drive our business.”

 

During the third quarter, the Company increased its allowance for credit losses, exclusive of RALs, by recording provisions for credit losses of $6.0 million. For the quarter ended September 30, 2001, the allowance for credit losses increased to $43.9 million, or 1.61% of total loans, compared to $41.2 million, or 1.56% of total loans at June 30, 2001. Total nonperforming loans decreased $3.3 million in the third quarter to $20.6 million at September 30, 2001, representing 0.55% of total assets and 0.76% of total loans. This is below the industry average of 0.86% of total loans for the Company’s peer group, based on data provided as of June 30, 2001. This results in a coverage ratio (allowance for non-RAL credit losses) of nonperforming loans of 213%.

 

Net charge-offs (exclusive of RALs) for the three months ended September 30, 2001, were $2.9 million, compared with $1.0 million for the comparable quarter in 2000. Third quarter 2001 net charge-offs represent an annualized rate of 0.44% of average loans exclusive of RALs.  For the nine months ended September 30, 2001, annualized net charge-offs to total average loans (both exclusive of RALs) were 0.28%, compared to 0.38% for the first nine months of 2000. This compares favorably to the Company’s peer group average of 0.34%, based on data provided as of June 30, 2001.

 

The Company’s capital ratios and those of its subsidiary banks continue to be above the well-capitalized guidelines established by bank regulatory agencies.

 

On June 25, 2001, Pacific Capital Bancorp announced that its board of directors had authorized the repurchase of up to $20 million of its common stock, in recognition of the Company’s continued growth and future earnings potential.  The Company entered the market August 6, 2001, and through September 30, 2001, had purchased 356,300 shares of its common stock at an average per share price of $29.69, for a total price of $10.6 million.

 

Pacific Capital Bancorp also provided revised earnings per share expectations for 2001 in the range of $2.03 to $2.08. The current estimate is driven by two prevailing factors. Management anticipates that additional loans will migrate into less favorable credit categories by year-end, including a few larger loans in the hospitality and tourism sectors, which have been negatively impacted by the September 11 terrorist acts. The Company’s revised forecast for the year also takes into consideration the additional 50 basis point interest rate cuts on September 17 and October 2 and the anticipation of an additional 25 basis point cut by the Federal Reserve in December, which will further compress the Company’s net interest margin.

 

In addition to providing its outlook for the remainder of 2001, the Company commented on its expectations for its Refund Anticipation Loan (RAL) and Refund Transfer (RT) businesses in 2002.

 

“We consider our RAL and RT programs to be virtually recession proof,” said Thomas, “and anticipate continued growth in volume next year from this niche business. Each year, the demand and pricing considerations for these products behave just a little differently, so it is difficult to predict where growth will come and at what levels. However, overall volume during the 2002 RAL/RT season is expected to increase by as much as 30%. There remains uncertainty about the product mix between RALs and RTs, and the Company is expecting competitive pricing pressure in the 2002 season. Therefore, increased volume does not necessarily equate to a corresponding percentage increase in profitability.

 

“We are one of only three national providers of this unique electronic income tax refund/loan service, “ said Thomas. “Our markets continue to expand, and we anticipate that will be the case in 2002, as the volume of electronic filings of tax returns increases. We remain aggressive in our marketing of this product, defensive of our market share, and very optimistic that this business will produce continued strong returns for our Company in the years ahead.”    

 

Management stressed that its target earnings per share estimate for 2001 is based upon current economic conditions and contingent upon a number of

factors not within its control, including but not limited to any deterioration in general economic conditions that would adversely affect the Company’s markets, customers or businesses; additional events such as those of September 11 which might significantly impact the nation’s banking system; the actual occurrence of a significant energy shortage in California; and further unanticipated changes in the interest rate environment.

 

 

            Pacific Capital Bancorp is the parent company of Santa Barbara Bank & Trust, First National Bank of Central California and its affiliates South Valley National Bank and San Benito Bank. Pacific Capital Bancorp is a 41-branch community bank network serving customers in six Central Coast counties from Morgan Hill in the north to Westlake Village/Thousand Oaks in the south. In addition to traditional services, the Company’s subsidiary banks offer a complete menu of trust and investment management services from the largest full-service trust division located between San Jose and Los Angeles.

 

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F. A. Q.    Our New Feature On Line

 

  

Here is a section  ( please note these are edited and have been

   changed to protect information, but you can get the basic

    idea of what is asked: )

 

Do you know where I can find a funder who  will do a Lessee  is located in Bedford, Georgia. Has been in business since 1996 The company does  truck detailing  and also offers transportation services primarily in the SE region of the U.S.

*

Wants   to purchase 150k worth of trailers (about 30 units total) Trailers

 range age from 2-11 years. * Owner has a 688 credit score. No derogatory.

              Only problem  is he has only been in the bureau since 7/99. He's an immigrant

              from Yugoslavia..

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              Has about $75k cash to use however needed, and other trucks if needed.

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Looking for a 2 year term (maybe even 1 if possible) His ultimate

              goal is to selleach  of the trailers individually but keep a dozen to help expand the

              business. Customer  understands  that he can't sell of the trailers without checking with the   

              lease  company first, and/or using his other trucks as collateral

              until the lease i spaid  off. That's why he wants the shorter terms.

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Anyone   know of a source that will do auto dealers? ·   Need a “hold

              harmless clause,” what is that?

·     

Anyone  know of Ash Capital Services, Mr. Andy Hatami, 311 N Robertson Blvd,

              Suite  628, Beverly Hills,   California 90211

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Does   anyone have an idea who will do a Corp Only deal for a 20 year old

              Closely Held  company. The deal is only $4,995.00 and the company carries a $100,000.00 average  balance in bank account. Please let me know if you have nay ideas.

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I    have a Cardiovascular Center in Pennsylvania that needs $170,000

for an Ultrasound. The  corporation   had 2.8 million in sales last year, has clean trades and carries   over  $100,000 in the bank.     They have been incorporated since 1991. The 4 principals  have been physicians  33,28,25 years and 22 years. One has a 870 Fair Isaac and the other  range from 800, 723, to 651.. Here's the catch,   the 651 has Fed Tax Liens from '94-'98 totaling 500k. He went through

 nasty ivorce  and his wife turned records over to the IRS. He is making payments

on the liens  per his annual  installment agreement with the IRS. Please let me know who might   have an interest  in this transaction. $11 M per year and his beacon score is only 600 due to limited credit.   The lease can  be written for 2-3 years and the Dr. put $25M down.

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We   have a request for $32 to lease a Metal Building to a 82 year old

 business( carnival).    D&B confirms start date  1919 and  89

 Paydex - no suits, liens or judgments. PG's Fair Isaac is 76  79% available revolving - 15 inquiries with   7  within the past six months - small tax lien in 1995 with proof of

payment same year.      Bank dates to 1965 with MED 6 balance. Loans dating to 1941 with

high credits  of $121k, $142k