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Background

In Dynex, the corporate defendants were a financial services company and its subsidiary (collectively, "Dynex") that issued two sets of securities secured by thousands of mortgage loans the company had made to people seeking to purchase manufactured homes. Not long after issuance of the securities, the value of its collateral dropped sharply due an increase in defaults on the underlying loans and a decrease in the profits of post-foreclosure sales.

Dynex disclosed errors in its previous reporting, and bond rating companies downgraded the securities significantly. In the end, the prices of the two sets of securities dropped by as much as 85%.

The plaintiff, a teamsters pension fund ("Teamsters"), was a bond holder in one of the sets of securities. It filed this putative class action suit in the Southern District of New York against the corporate defendants and two individual corporate principals, alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. section 78(a) et. seq. Specifically, the Teamsters alleged that Dynex knowingly bought risky loans and failed to disclose that in the materials that accompanied the securities offering. The Teamsters further alleged that Dynex misrepresented the "real" reason for the poor performance of the securities, i.e. because they were based on high risks and poor underwriting.

Dynex moved to dismiss the complaint, claiming that the Teamsters had failed to adequately plead the element of scienter. The district court agreed that the Teamsters had failed to adequately plead scienter as to the individual defendants. However, the court determined that the Teamsters had adequately alleged scienter as to the corporate defendants, stating: "A plaintiff may, and in this case has, alleged scienter on the part of a corporate defendant without pleading scienter against any particular employees of the corporation." In re Dynex Capital Inc. Sec. Litig. (Dynex I), No. 05-CIV-1897, 2006 WL314524 (S.D.N.Y. 2006), at p*9. The district court held that the Teamster's allegations indicated recklessness by circumstantial evidence, allowing the "inference" that Dynex's officers and employees had committed fraud. Id. at pp. *9-10.

Dynex successfully petitioned for interlocutory appeal, arguing that the dismissal of the individual defendants automatically precludes any inference of scienter against the corporate defendants. The Second Circuit's opinion on the appeal is located at Teamsters Local 445 Freight Div. Pension Fund v. Dynex Capital Inc., 531 F.3d 190 (2nd Cir. 2008).

The complaint must allege a "strong inference" of scienter

The Public Securities Litigation Reform Act of 1995 (the "PSLRA"), section 21D(b)(2), governs the pleading of scienter in securities fraud actions. That section requires that a plaintiff's complaint "state with particularity facts giving rise to a strong inference that the defendant acted with the required state of mind." 15 U.S.C. section 78u-4(b)(2).

The U.S. Supreme Court has held that a "strong inference" of scienter under the PSLRA "must be more than merely plausible or reasonable - it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent." Tellabs, Inc., v. Makor Issues & Rights, Ltd., 127 S.Ct. 2499, 2504-05 (2007). The Second Circuit has determined that an adequate allegation of "recklessness" is sufficient to establish the scienter required in securities fraud claims. Novak v. Kasaks, 215 F. 3d 300, 308-09 (2nd Cir. 2000).

The complaint can allege corporate scienter without identifying a culpable officer

In its appeal, Dynex argued against the district court's allowance of the securities fraud claim against the corporate defendants after it had dismissed the individual defendants. Dynex claimed that the district court essentially endorsed the doctrine of "collective scienter," permitting a finding of corporate intent that does not specifically derive from one of its agents. Teamsters Local 445 Freight Div. Pension Fund v. Dynex Capital Inc., 531 F.3d 190, 194-195 (2nd Cir. 2008).

Dynex pointed to the court's previous decision in State Teachers Retirement Board v. Fluor Corp., 654 F.2d 843 (2nd Cir. 1981), in which the court granted summary judgment to a corporate defendant because "there was no evidence" that any of the defendant's officers acted with scienter.

The Dynex court, however, rejected the applicability of Fluor to the Dynex case for two reasons. First, in Fluor, the court found no evidence of any scienter by any officer of Fluor. By contrast, in Dynex, the district court determined that the allegations of scienter against the two named officers were insufficient, though allegations of scienter against other, unnamed officers of the company were sufficient. 531 F.3d at 195. Second, the court stated that it was inappropriate to compare Fluor, in which the court granted summary judgment because the plaintiff had failed to establish the liability of the defendants, with Dynex, in which only a Rule 12(b)(6) motion was pending to dismiss the case for insufficient allegations in the complaint. Id.

The court noted that, in order to prevail on his claims ultimately, a plaintiff has to prove the fraudulent acts of a culpable corporate agent that are attributable to the company. Id. However, in order to survive an initial motion to dismiss, the plaintiff need only plead facts sufficient to create a strong inference that someone whose intent could be imputed to the corporation acted with the requisite scienter. Id. (emphasis added).

Ultimately, the Second Circuit left open the possibility that corporate scienter could be pleaded without identifying the culpable officer in the complaint. The court stated: "Congress has imposed strict requirements on securities fraud pleading, but we do not believe they have imposed the rule urged by defendants, that in no case can corporate scienter be pleaded in the absence of successfully pleading scienter to an expressly named officer." Id. at 196.

The Dynex plaintiff failed to properly establish corporate scienter

Even though the Second Circuit upheld the notion that a plaintiff could plead corporate scienter in a complaint without specifically identifying culpable officers or directors, the court determined that the Teamsters had failed to sufficiently allege corporate scienter under this standard. For example, the court noted that while the Teamsters made general allegations that Dynex agents had information to indicate that its public statements were not accurate, the Teamsters did not specifically identify those reports or information as required. 531 F.3d at 196.

The Court applied the Tellabs standard, finding that the Teamsters' alleged inferences of scienter were not significantly more compelling than the competing inferences, including an inference that the statements were not misleading when made or that they were "the result of merely careless mistakes at the management level based on false information fed it from below" as opposed to recklessness that arises to the level of culpable scienter. Id. at 197.

As a result, the Court dismissed the Teamster's complaint, but allowed the Teamsters 30 days to revise the complaint and replead to reflect the specificity required.

Conclusion

The Dynex decision is both good news and bad news for securities fraud plaintiffs. On the plus side, the court has confirmed a plaintiff's ability to plead corporate scienter without having to specifically identify the culpable officers or directors whose acts form the basis of corporate liability. On the other hand, the Dynex court reiterates the heightened pleading standard for securities fraud plaintiffs, especially those alleging corporate scienter without identifying culpable corporate officers. Such plaintiffs must plead specific facts that sufficiently create an inference of scienter that is more compelling than any competing inference of innocence.

Frequently Asked Questions

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Local Internet Marketing Specialist

Local search marketing is exactly how it sounds. It's marketing that allows local customers to search and FIND you.

Local search marketing requires a unique combination of research, search engine optimization on your website, pay-per-click marketing, affiliate marketing and link building, but it can be done! It can get your company found on the web by geographically local customers. Instead of going after customers all over the world, it offers a way to reach customers right down the street, ones that can easily and willingly walk through your company's front doors. With local search marketing, you can be assured you're your marketing dollars are going to get results, in revenues, in profits and in customer numbers.

Local search marketing can be great for businesses small and large alike. Its streamlined and research-based process can help provide focus to an existing marketing campaign, as well as get more customers in those doors. And in today's modern world, you just can't afford to be un-searchable on the web. Customers no longer turn to phone books for business listings; they're looking online, and if you can't be found, you're in big trouble!

Here's the best way to do it, according to Cowgirl Interactive: start with thorough geographic and keyword research. Find out what customers are searching for as it relates to your business and we determine what geographic areas are best to market to. Once you have those, cross-reference the results and create some dynamite keyword terms that are bona fide search engine gold! These are terms that will basically be the foundation for an entire local search marketing campaign. The terms created will determine what text to use on a website, how to structure and utilize the PPC campaign, what sort of links to build, and more.

Basing your marketing efforts on solid research ensures that you're not just shooting in the dark hoping you hit the target. You're not trying a bunch of different marketing tactics and hoping one of them will bring in customers. You're specifically targeting a geographic location of customers with terms that are nearly proven to work, and making sure your company can be found for them.

Local search marketing requires a unique combination of research, search engine optimization on your website, pay-per-click marketing, affiliate marketing and link building, but it can be done!

So take control of your online presence and start a local search marketing campaign. Ensure you're getting the right kind of search traffic.

Frequently Asked Questions

  1. QUESTION:
    I Need to Hire a Marketing/Advertising Specialist?
    Hello,

    I am starting a website that offers a free service and is ad supported. I need to hire an individual, preferably local, who has experience in internet marketing and advertising to help me with all of my website's needs in this category. Most importantly, I need someone who can help determine pricing for my ads as well as someone who can help create a media packet for potential advertisers.

    All comments would be greatly appreciated. Pay is /hour.

    Best Regards,

    Alex
    Alex@ColorCodeMobil.com

    • ANSWER:

  2. QUESTION:
    What would help my chances of getting into College the most? General guidance needed 4 CompSci/Football Guy.?
    First off, a little back story so that you'll understand everything. Basically, didn't do that well in High School just getting low B's and High C's despite the simplicity of those courses. I just didn't think any of it would be that important at the moment, and now its coming back to bite me in the a$$.

    Well sort of anyway, I spent the time I was supposed to be doing homework learning computer programming and other divisions of computer science. I graduated high school May 2009, and wasn't sure if I wanted to go to college yet so I gave myself a year off.

    Now it's January, and I'm wanting to go to college. I just took my SAT's and will be getting my scores back on February 19th. I've been looking at Colleges such as:

    Rice University (First Choice)
    Harvey Mudd (heard this school was tough, but i've always liked a challenge)
    University Of Texas at Austin (School i've always dreamt of going to)
    Texas A&M
    Ohio State
    University of Illinois at Urbana-Champaign
    CalTech

    I am VERY interested in genetic programming, and have been toying around with it lately. I am also well versed in OOP principles, and making flexible, reusable, and extensible programs. I have experience developing software for clients via freelancing websites such as rentacoder.com and scriptlance.com.

    As you might be able to tell, I am very confused as to what I need to do now. I was wondering if applying genetic programming to solve some sort of problem would increase my chances of getting into these schools. Would any other type of computer programming projects help my chances of getting in? Is my real world software development experience helpful in getting me into college?

    Also, my family is making little to no income right now so I should be eligible for financial aid. I have found a ton of resources online, but I'm not sure what to do with all of them. I'm basically lost right now, and asking for some guidance for anyone that has been in a similar situation. Also, here is a list of skills that I have:

    HTML
    CSS
    Graphic Design (beginner to intermediate)
    PHP (5 years experience)
    MySQL
    Perl
    Python
    C# (3 years experience)
    *nix administration
    I'm great with Regex
    Security vulnerabilities (hackthissite.com hellboundhackers.org and finding vulner. on local machine)
    C++ (beginnner)
    Java (beginner to intermediate, very similar to C#)
    Search Engine Optimization
    Internet Marketing
    Affiliate Marketing
    E-commerce
    Ad copy testing/tracking conversions
    Google Adwords Specialist

    I also might consider playing football in college, here are my relevant attributes:
    6'4 198 lbs
    4.6 40 yard dash
    225 lbs X 1 (weak I know)
    32" vertical
    4.43 20 yard shuttle

    Another thing of note is I have impeccable balance and control of my body due to training parkour for 2 years. Here is parkour:

    me:
    http://c4.ac-images.myspacecdn.com/images02/92/m_5a625c6a2b2941f0af39ee8a83d4ec4f.jpg
    video:
    http://www.youtube.com/watch?v=nRSOe-rDa9Y

    As you can tell, i've had a ton of hobbies over the years... any help or guidance is appreciated.

    - Cody

    • ANSWER:
      LMAO!!! You are ONE pathetic little boy.

  3. QUESTION:
    Need advice for an Apple cover letter!?
    I would like to apply for a position in the local Apple store, and want to include a cover letter with the resume. I'd like it to not sound like the usual droll verbiage in most cover letters, which will surely get lost in the shuffle. Please give me your advice on this letter, I'm open to all suggestions!

    The first thing I realized when I recently bought my MacBook Pro was that I would love to work at that Apple store! I enjoyed the dialog with the person who helped me with my questions as much as the experience of buying the MacBook itself. I thought the whole time “I can absolutely do this and would enjoy it immensely!”

    While I have never worked in the retail business, I have already “sold” a MacBook to people who have asked me about my new purchase. My enthusiasm about products I love is infectious to others. People like to ask me why I like something and then they want to buy one too.

    I enjoy communicating with people at different technical levels. I am able to translate the most difficult tasks into everyday dialog so there is no perceived level of difficulty at all. People like hearing me tell them things they never thought to ask and I love telling them about all the cool things that go along with what they purchase. I enjoy showing people new products, as well as exploring them myself. I am quick to learn new things and like to pick up something new and figure it out. The greatest joy then comes to showing it to someone else! I also enjoy working with a team, sharing ideas, figuring out new strategies, learning the ropes, always eager for new knowledge.

    I do have a technical background with all kinds of hardware and software, as well as having worked in technical and customer support. I am good at troubleshooting and solving problems. As a marketing associate with an earlier ISP I was sent to national technical fairs to teach people about the internet and bring in new subscribers. I would like to have the opportunity to demonstrate my skills and talents by becoming a Specialist at the Apple store at Cedar Springs Mall. If you feel there is a position waiting for me, please call me at 555-1212. I hope to hear from you.

    • ANSWER:
      Well, I would say that you've just written your cover letter - just leave out the first paragraph of this question and print off the rest as your cover letter!

      Good luck -you deserve it! Mind, it'll be a first - a salesperson who knows something about what they're selling!

  4. QUESTION:
    is £65,000 a lot for a scrap yard?
    Here we have up for sale a fully licensed salvage / breakers yard, very rarely does a genuine salvage yard become available for such a price but a new business venture forces the reluctant sale.

    Barlow Street Auto salvage manchester was founded 30 years ago. In that time it has built up a good reputation in the market as a reliable motor salvage specialist dealing in all aspects of Cars and vans from part sales to complete vehicles.

    The business holds all the relevant up to date licenses, environmental and health and safety certification to salvage parts of the vehicle and these include:

    • End of Life Treatment License
    • Hazardous Waste License
    • Scrap Metal License
    • Carriers License

    The business has all the necessary equipment, as well as a stocked yard with cars and parts, the yard hold approx 100 cars.

    The business is registered on many internet based “part finders” which generate new sales leads everyday and enable the business to serve mail order customers as well as day to day gate trade, The business also has a regular advertisement in the local auto trader, yellow pages and thompson local, bt phonebook and other local papers.

    At present the yard is fully stocked and equipped with all machinery need for day to day running, which includes:

    HYMAC EXCAVATOR

    DIESEL FORKLIFT

    FORD TRANSIT RECOVERY TRUCK (2001 Y REG)

    TYRE MACHINE

    FULLY EQUIPPED OFFICE INC TELEPHONES (INC NATIONWIDE ADVERTISED NUMBER)

    The site itself is just under an acre in size and is a real asset due to its location in Walkden Manchester very close to the M60 motorway network, attracting trade from all the surrounding areas and easy motorway access for customers travelling from further afield.

    This is a great opportunity for someone to buy an already established salvage / breaker yard with all the relevant licences and a steady customer base, with the chance to start earning serious money fast.

    THE RENT ON THE YARD IS ONLY £750 PER MONTH

    The yard is also avaliable without machinery and stock for £35,000

    • ANSWER:
      1) Why are they selling ?
      (perhaps some local 'action group' is opposing their license / trying to close them down on environmental grounds or whatever)

      2) What liabilities (in addition to the monthly ground rent) will you be taking on ?
      (at the very least, what are the Business Rates ?)

      3) What's the long-term outlook ?
      (if you are paying ground rent, the property is leasehold = so how long is left to run ?

      You might also ask yourself what liabilities attach to any second-hand parts you sell .. would you, for example, be brave enough (or insane enough) to sell brake parts, given the wide existence of 'no win no fee' legal firms advertising for 'accident liability' business on TV these days ?

      Note also that EU legislation (WEEE etc) is making it harder to process or dispose of 'dangerous materials' (the lead in a car battery, for example, now requires special handling).

      Regulations (and tax) is only ever going to get 'worse' from a Business point of view ..


Local Internet Marketing Specialists

Attorney SEO is offering law firm opportunities which strengthens community awareness and generates new clients. Internet marketing is a proven successful marketing strategy for building law firms. Utilize Internet traffic to succeed within your community through Google Places registration and proper website optimization. A trained marketing expert will provide you with a new perspective on marketing.

Attorney SEO is building strong law firms by providing Internet marketing. Internet marketing is an important aspect of building a law practice. A properly designed website will not just include flashy videos etc.; it will include strategically selected keywords. Keyword use will assist you in achieving excellent placement on the web and is a strategic tool. These keywords are similar to pushing a button and connecting with potential customers. Older law firms and new law firms can each benefit from this marketing strategy. Google places registration will provide your firm with a map and quick access to your website. A special expert providing attorney search engine optimization will provide you with keywords that have been researched and found effective for your local area. They will also provide you with details on strategic website design that will allow search engine crawlers to quickly connect with keywords located on your website. Flashy websites can sometimes hinder these search engine crawlers from connecting with potential businesses. Your website can gain you access to the community quickly when it has been properly optimized.

Attorney SEO will market your practice and will increase your client base while generating community awareness. This marketing has relatively quick results. Within weeks, most businesses begin seeing new clients. An expert will be able to assist you in recognizing what obstacles must be overcome in order to become listed on the first page of all Google and Yahoo searches. A consistent update showing all searches connected to your Google registration will be provided for your business each month. You will be able to consistently determine the benefits of your marketing and track new clients that have resulted from your Internet marketing. Each day potential customers are using the Internet search engines to connect with services in your community, which you provide. When your law firm has been properly optimized, you will see an increase in your business. Get the attention of potential customers by achieving first page access for your Google places map. Experts, who specialize in this strategic marketing, will assist you in moving forward with this type of marketing. Attorney SEO will assist you are firm in stepping out a crowd and into community dominance through first page Google dominance. Rely on specialists and gain a track record of successful Internet marketing.

Exceptional marketing is achieved through attorney search engine optimization. Affordable packages are provided, which will fit your budget. You will be able to watch your customer list increase by achieving keyword hits, which connect your website with individuals within the community. Back links should also be created, as they will strengthen your first page ranking. Keyword examples include: bankruptcy Marlton" or business law Magnolia. An attorney SEO expert will provide you with the best keywords for achieving a first page ranking and new customers. Find out more about this powerful marketing tool and how it will benefit your practice today. Experience technology and marketing combined for maximized success. Attorney search engine optimization specialists await your call.

Frequently Asked Questions

  1. QUESTION:
    I Need to Hire a Marketing/Advertising Specialist?
    Hello,

    I am starting a website that offers a free service and is ad supported. I need to hire an individual, preferably local, who has experience in internet marketing and advertising to help me with all of my website's needs in this category. Most importantly, I need someone who can help determine pricing for my ads as well as someone who can help create a media packet for potential advertisers.

    All comments would be greatly appreciated. Pay is /hour.

    Best Regards,

    Alex
    Alex@ColorCodeMobil.com

    • ANSWER:

  2. QUESTION:
    What would help my chances of getting into College the most? General guidance needed 4 CompSci/Football Guy.?
    First off, a little back story so that you'll understand everything. Basically, didn't do that well in High School just getting low B's and High C's despite the simplicity of those courses. I just didn't think any of it would be that important at the moment, and now its coming back to bite me in the a$$.

    Well sort of anyway, I spent the time I was supposed to be doing homework learning computer programming and other divisions of computer science. I graduated high school May 2009, and wasn't sure if I wanted to go to college yet so I gave myself a year off.

    Now it's January, and I'm wanting to go to college. I just took my SAT's and will be getting my scores back on February 19th. I've been looking at Colleges such as:

    Rice University (First Choice)
    Harvey Mudd (heard this school was tough, but i've always liked a challenge)
    University Of Texas at Austin (School i've always dreamt of going to)
    Texas A&M
    Ohio State
    University of Illinois at Urbana-Champaign
    CalTech

    I am VERY interested in genetic programming, and have been toying around with it lately. I am also well versed in OOP principles, and making flexible, reusable, and extensible programs. I have experience developing software for clients via freelancing websites such as rentacoder.com and scriptlance.com.

    As you might be able to tell, I am very confused as to what I need to do now. I was wondering if applying genetic programming to solve some sort of problem would increase my chances of getting into these schools. Would any other type of computer programming projects help my chances of getting in? Is my real world software development experience helpful in getting me into college?

    Also, my family is making little to no income right now so I should be eligible for financial aid. I have found a ton of resources online, but I'm not sure what to do with all of them. I'm basically lost right now, and asking for some guidance for anyone that has been in a similar situation. Also, here is a list of skills that I have:

    HTML
    CSS
    Graphic Design (beginner to intermediate)
    PHP (5 years experience)
    MySQL
    Perl
    Python
    C# (3 years experience)
    *nix administration
    I'm great with Regex
    Security vulnerabilities (hackthissite.com hellboundhackers.org and finding vulner. on local machine)
    C++ (beginnner)
    Java (beginner to intermediate, very similar to C#)
    Search Engine Optimization
    Internet Marketing
    Affiliate Marketing
    E-commerce
    Ad copy testing/tracking conversions
    Google Adwords Specialist

    I also might consider playing football in college, here are my relevant attributes:
    6'4 198 lbs
    4.6 40 yard dash
    225 lbs X 1 (weak I know)
    32" vertical
    4.43 20 yard shuttle

    Another thing of note is I have impeccable balance and control of my body due to training parkour for 2 years. Here is parkour:

    me:
    http://c4.ac-images.myspacecdn.com/images02/92/m_5a625c6a2b2941f0af39ee8a83d4ec4f.jpg
    video:
    http://www.youtube.com/watch?v=nRSOe-rDa9Y

    As you can tell, i've had a ton of hobbies over the years... any help or guidance is appreciated.

    - Cody

    • ANSWER:
      LMAO!!! You are ONE pathetic little boy.

  3. QUESTION:
    Need advice for an Apple cover letter!?
    I would like to apply for a position in the local Apple store, and want to include a cover letter with the resume. I'd like it to not sound like the usual droll verbiage in most cover letters, which will surely get lost in the shuffle. Please give me your advice on this letter, I'm open to all suggestions!

    The first thing I realized when I recently bought my MacBook Pro was that I would love to work at that Apple store! I enjoyed the dialog with the person who helped me with my questions as much as the experience of buying the MacBook itself. I thought the whole time “I can absolutely do this and would enjoy it immensely!”

    While I have never worked in the retail business, I have already “sold” a MacBook to people who have asked me about my new purchase. My enthusiasm about products I love is infectious to others. People like to ask me why I like something and then they want to buy one too.

    I enjoy communicating with people at different technical levels. I am able to translate the most difficult tasks into everyday dialog so there is no perceived level of difficulty at all. People like hearing me tell them things they never thought to ask and I love telling them about all the cool things that go along with what they purchase. I enjoy showing people new products, as well as exploring them myself. I am quick to learn new things and like to pick up something new and figure it out. The greatest joy then comes to showing it to someone else! I also enjoy working with a team, sharing ideas, figuring out new strategies, learning the ropes, always eager for new knowledge.

    I do have a technical background with all kinds of hardware and software, as well as having worked in technical and customer support. I am good at troubleshooting and solving problems. As a marketing associate with an earlier ISP I was sent to national technical fairs to teach people about the internet and bring in new subscribers. I would like to have the opportunity to demonstrate my skills and talents by becoming a Specialist at the Apple store at Cedar Springs Mall. If you feel there is a position waiting for me, please call me at 555-1212. I hope to hear from you.

    • ANSWER:
      Well, I would say that you've just written your cover letter - just leave out the first paragraph of this question and print off the rest as your cover letter!

      Good luck -you deserve it! Mind, it'll be a first - a salesperson who knows something about what they're selling!

  4. QUESTION:
    is £65,000 a lot for a scrap yard?
    Here we have up for sale a fully licensed salvage / breakers yard, very rarely does a genuine salvage yard become available for such a price but a new business venture forces the reluctant sale.

    Barlow Street Auto salvage manchester was founded 30 years ago. In that time it has built up a good reputation in the market as a reliable motor salvage specialist dealing in all aspects of Cars and vans from part sales to complete vehicles.

    The business holds all the relevant up to date licenses, environmental and health and safety certification to salvage parts of the vehicle and these include:

    • End of Life Treatment License
    • Hazardous Waste License
    • Scrap Metal License
    • Carriers License

    The business has all the necessary equipment, as well as a stocked yard with cars and parts, the yard hold approx 100 cars.

    The business is registered on many internet based “part finders” which generate new sales leads everyday and enable the business to serve mail order customers as well as day to day gate trade, The business also has a regular advertisement in the local auto trader, yellow pages and thompson local, bt phonebook and other local papers.

    At present the yard is fully stocked and equipped with all machinery need for day to day running, which includes:

    HYMAC EXCAVATOR

    DIESEL FORKLIFT

    FORD TRANSIT RECOVERY TRUCK (2001 Y REG)

    TYRE MACHINE

    FULLY EQUIPPED OFFICE INC TELEPHONES (INC NATIONWIDE ADVERTISED NUMBER)

    The site itself is just under an acre in size and is a real asset due to its location in Walkden Manchester very close to the M60 motorway network, attracting trade from all the surrounding areas and easy motorway access for customers travelling from further afield.

    This is a great opportunity for someone to buy an already established salvage / breaker yard with all the relevant licences and a steady customer base, with the chance to start earning serious money fast.

    THE RENT ON THE YARD IS ONLY £750 PER MONTH

    The yard is also avaliable without machinery and stock for £35,000

    • ANSWER:
      1) Why are they selling ?
      (perhaps some local 'action group' is opposing their license / trying to close them down on environmental grounds or whatever)

      2) What liabilities (in addition to the monthly ground rent) will you be taking on ?
      (at the very least, what are the Business Rates ?)

      3) What's the long-term outlook ?
      (if you are paying ground rent, the property is leasehold = so how long is left to run ?

      You might also ask yourself what liabilities attach to any second-hand parts you sell .. would you, for example, be brave enough (or insane enough) to sell brake parts, given the wide existence of 'no win no fee' legal firms advertising for 'accident liability' business on TV these days ?

      Note also that EU legislation (WEEE etc) is making it harder to process or dispose of 'dangerous materials' (the lead in a car battery, for example, now requires special handling).

      Regulations (and tax) is only ever going to get 'worse' from a Business point of view ..


Local Internet Marketing Services

You may already have your own website, but not really live up to their expectations. The newspapers, yellow pages, radio, television and advertising are prohibitively expensive marketing campaign seem to have all the advantages. What are your alternatives to reach and increase their local customer base? Can the Internet help you connect with your community? Can it help you reach neighboring communities as well?

The expertise of local business owner is finding that there are new and very effective ways of using the Internet to reach a local population and not only found within a community and to reach a radius outside the area selected. The fact is, Internet promotion and advertising techniques have come full circle and are helping local companies to penetrate their markets. Now your company can get more than telephone, walk-in and Internet traffic by optimizing your tried and true options and the inclusion of new marketing methods at local level using the tools of Internet marketing.

Tips for Using the Internet for public relations in their local area:

The crucial element needed for a successful mid-size company and small, seeking to expand its base in the local community is the establishment of personal connections. We have all heard of public relations, but have you thought of that term in relation to the effective use of the Internet? In the real world, "public relations" means that you must keep your business and your products or services from the local population base purchase frequency and creative as possible. There are tried and true ways to accomplish this (such as newspaper ads, yellow pages, and radio), but many small companies do not know how to effectively use the Internet to their benefit. Here's how to get started with
Internet advertising and promotional tools to grow your business:

1. Have a Smart website. Set your own website if you do not already have one. A web presence is key to expanding its customer base, because it's like having an on-line brochure changing. You can tell their story there, what you do, what you sell, or what their services include. You can include images, videos and even sales and specials and coupons. Having a "Smart" website is the first step in implementing your marketing plan and in today's world of Internet connections, your website will ultimately be used as their number one marketing strategy.

2. Conveying your site. If you build it, they will not come unless they know your address. Is your web address on business cards? Is it in the bottom of any other advertising you do? Is your web address in your brochures? Where else can you think to print your web address? Get it out there every possible way, because your site is one of the best tools we have now to advertise their products and services.

3. Use of local social networks to your advantage. Join the 21st century and to register on Facebook, Twitter, and others to its presence. Wishes to concentrate and reach a potential customer base 100 miles away? Local small and medium sized companies can now send messages to social networks in areas concentrated around their communities. The end result is that social networking subscribers begin to "follow" your business. This may surprise the spiraling numbers of potential clients.


Learn Internet Marketing Strategies Free

There's a lot of confusion regarding legitimate multi-level marketing and scams. I want to tell you directly that multi-level marketing is a great form of distribution and can have unlimited income potential. However, scams do exist and a Pyramid/Ponzi scheme is very different from a legitimate MLM. You need to understand that good multi-level marketing companies are established in accordance with the law, thus, they are legitimate businesses using legal multi level marketing strategies.

You may hear of MLM's being called network marketing. When people are thinking of multi level marketing strategies, which they may be wrongly be considering as a scam, what they are really referring to are Ponzi or Pyramid schemes. It's easy to understand why inexperienced people might think that way. A Pyramid hierarchy and a Ponzi scam use a similar business model to multi level marketing. Also, some multi level marketing businesses and pyramid or Ponzi schemes require you to pay an initial start-up fee. I say "some" for multi level marketing businesses because not all of them require an initial start-up fee while all Pyramid and Ponzi schemes require an initial investment fee. You will understand why in a minute.

Another similarity between them is that in both, you may earn commissions on people that you recruit into your business. Now, pay attention because in a moment, you will understand the difference between multi level marketing and pyramid/Ponzi scheme.

The initial fee you invest in a multi level marketing businesses can be used to buy some of the products or services that the particular company is selling. In pyramid or Ponzi schemes, your initial fee does not bring you anything but into the business. In Ponzi/Pyramid schemes, your initial fee will serve as your payment to be a member of the group. In fact, they offer nothing and the only thing they do is to maybe earn you money through other people who join the group (and maybe not). Here's what you need to know; if there is no product - it's most likely a scam! But with good products, especially consumable products that people really want, great fortunes can be made legitimately.

You can also earn money in legitimate multi level marketing businesses through recruiting other people to join the business but you are recruiting people to help sell the products or services of the company. Some people are wary of multi level marketing strategies because of they mistake them for Ponzi or Pyramid schemes. Pyramid and Ponzi schemes have done a lot of damage to legitimate network marketing businesses before the Federal Trade Commission (FTC) was able to check them out.

Nevertheless, the FTC has been fairly strict in monitoring these illegal businesses causing Ponzi or Pyramid schemes to decline in existence. Just keep in mind those businesses offering commissions without any products or services are likely to be illegal. And the most important thing to remember is that, there are many great opportunities doing business with multi level marketing strategies.

Frequently Asked Questions

  1. QUESTION:
    Are there any free resources where I can I learn how to market my small business online?
    I am interested in learning how to implement various internet marketing strategies to help grow my business but have a limited budget and not enough time to sift through all the junk to find what really works. Does anyone now of a website that has comprehensive quality content and that doesn't cost an arm and a leg?

    • ANSWER:
      It just so happens that I found a website catering specifically to the marketing needs of small business owners like ourselves. Having spent countless hours researching online for educational resources and internet marketing techniques that I could implement myself, I was delighted to have stumbled upon this website.

      I was reluctant to watch the video that you have to watch before signing up, but I am very glad I did. I believe that they have an agreement with other internet marketing experts to host their content. So basically, it is a hub of all kinds of programs and courses, very well organized and easy to navigate, that you would normally have to pay for individually.

      Also, I was hesitant about the monthly membership fee, but because of their affiliate program, I am already making more money every month in residual commissions than what the membership fee is. To tell you the truth, I am more excited about the commissions I am making then actually implementing the strategies I am learning for my business. I ran some numbers and I figure I can make far more money in commissions than I can in my current business.

      Actually, now that I think about it, they also teach a way to hire a five person full time marketing team comprised of foreign employees that you hire, manage, and pay via the internet for a fraction of what it would cost you normally. They have access to the membership site so that they can learn and implement the strategies. And with the residual commissions that you can make, even this becomes free.

      So, by referring people to the site, you can not only have five full time employees dedicated to marketing your small business on the internet, but you can actually make much more money than what your salaries and membership costs are.

      http://www.small-businesses-marketing.com/education.php

  2. QUESTION:
    Is this some sort of scam or could it be real?
    When I got home today I got my mail and got an interesting thing...
    it has a letter that states "Learn how money is made on the Internet by attending one of our FREE breakfast, lunch or dinner conferences near you." and "This is a fun relaxed and informative conference led my a nationally renowned instructor. Within 90 minutes you will know if creative income though the Internet is right for you and your family." and some other stuff
    along with the conference, any attendee gets a free breakfast, lunch or dinner, a free mp3 player, and free Internet marketing strategies... two free tickets (one for me, one for a guest) were enclosed...

    • ANSWER:
      scam..sorry, i know it sounds cool but it can only be unless you've done a competition or you've signed up for something.

  3. QUESTION:
    Has anyone else been taken by Income Strategies Institute?
    Income Strategies Institute (ISI) holds seminars on investing--stock market, real estate, & internet businesses. I attended an ISI seminar in which they offered to educate & train you to successfully trade on the stock and options markets, via seminars & other provided materials. Their speaker was very motivational & I purchased their Bronze workshop program which provided me with webinars, seminars, & materials to learn stock trading & options. This cost me to this point $ 8,015.00. I received 2 poorly written manuals (these manuals appear to contain plagerized materials--no notations or credits given to anyone & no copy right on manuals), attended 2 webinars, & two 2-day seminars on said subjects. The instructors on the webinars promised notes to be emailed to the students within a day or two. Instead, it took a week+ & seminars were worse! I found everything ISI had charged me for was available on-line or via other sources for free! ISI would not refund my money when asked!

    • ANSWER:
      see this blog they have huge info related to your ques..
      http://paisainvestment.blogspot.com

  4. QUESTION:
    New investment technique?
    I've been using a productive strategy to borrow money interest free for over 4 years now. I've recently learned how to use this interest free money and invest it in risk free vehicles. I pay the interest free loan back and keep the interst earned on the investment.

    This strategy has worked for me many times in the past and I've explained it to friends who have had the same luck I have. I talked it over with my financial planner and he said it's unorthodox but keep doinig it.

    I've checked around, mainly on the internet and no one else knows about my little secret.

    I would like to sell this information but I don't know the first thing about marketing or advertising. Any help would be greatly appreciated.
    GMAC demand notes are not FDIC insured. I need the money guaranteed!

    And, if I followed your suggestion and borrowed money at 4.75% to earn a 6% return that would only leave me with 1.25% gain.

    After inflation at roughly 2%-3% and after taxes, It wouldn't be worth anyones time.

    I said 0% INTEREST loans in RISK FREE investments that are FDIC insured or backed by the US government.

    • ANSWER:
      Try the links and articles on investment in http://www.hot8sites.com/investment/

  5. QUESTION:
    How would you rate my resume?
    I'm applying for a part-time adjunct faculty position (part-time professor) in Information Technology.
    The job posting says "bachelor's degree required, master's preferred."
    I've worked at this school before as a Computer lab assistant.
    How would you rate my resume? What changes would you make to it?

    Professional Profile
    Organized Business Professional with experience working in educational, business, and technology settings. Strong knowledge of Microsoft Office Suite with an average typing speed of approximately 80 words per minute. Proficient in word-processing, presentation software, Internet, e-mail, and CompTIA A+. Proven strengths in completing work efficiently in a fast-paced environment. Strong problem-solving skills, utilizing acquired education and experience in to help others. Dedicated, efficient, team-player who is dependable and responsible.

    Work Experience
    Computer Lab Assistant 2007-2009
    Cuyahoga Community College
    Highland Hills, Ohio
    •Taught students how to operate Microsoft computer programs including Word, Excel, PowerPoint, Access, and Publisher.
    •Addressed students’ needs and concerns in the Technology Learning Center, including printing, class registration, and email, among a large variety of functions.
    •Expanded scope of knowledge using ATC technology to make presentations in a classroom setting.
    •Enforced courteous behavior in the Technology Learning Center.
    •Assisted students who speak English as a second language with their grammar.
    •Encouraged diversity in an educational setting.

    I.T. Developer/Testing Coordinator 2005-2007
    Think-A-Move
    Beachwood, Ohio
    •Conducted extensive research and development.
    •Designed and implemented customer call-center support procedures and customer network design strategy for sales and marketing teams.
    •Developed highly effective software management application to enable risk-free software upgrades
    •Maintained an Information Technology database
    •Assisted engineers with the development of wheelchair technology
    •Conducted experiments and recorded data
    •Provided the technological knowledge and vision to support the company’s business objectives, and evaluated all software for business processes.

    Technology Internship 2003-2005
    Rockwell Automation
    Mayfield Heights, Ohio
    •Assisted engineers with commercial marketing projects.
    •Expanded knowledge of trouble-shooting software.
    •Maintained a large series of organized invoices.

    Education
    Cleveland State University 2009
    Cleveland, Ohio
    Bachelor of Business Management
    •Bachelor’s Degree completed
    •Currently pursuing MBA, projected graduation in Spring 2010.

    • ANSWER:
      My only concern is that when I copied and pasted this into a Word document is that it carried on to a second page and has minimal white space.

      The white space is important as resumes get less than a 30 second scan through, and your work history only goes back to six years and is very short to require a second page.

      Move the locations up to the same line as the company/school. Also shorten up the professiona profile and pick which bullets reflect a major accomphlishment or qualification for the position.

      For example, Conducted extensive research and development & Conducted experiments and recorded data are relating to the same thing, so you could combine them into one bullet.

  6. QUESTION:
    Ann Coulter says - The Manchurian Teleprompter is Upbeat about GM's Dinky Cars! What do you think?
    Don't Fall for the "Obama Motors" Lube Job

    Ann Coulter

    Now that Barack Obama has gotten GM Chairman Rick Wagoner out of the way, he is confident that GM is on the way to unimaginable success. The government has given GM and Chrysler .1 billion in bailout money, which is only appropriate.

    I mean, "millions" is so 90's...

    To promote the sales of GM vehicles, Obama says it will be the government that will now stand by your GM car warranty. And the taxpayers all get a lube job. Your future GM owner's manual will come with a disclaimer: "Close enough for government work."

    I don't know why everyone is so upset about the government taking over a major American car company. They've done a great job with social security. I mean, haven't they? Taking over GM and Chrysler is American as baseball, apple pie and Mussolini.

    But the Manchurian Teleprompter IS "UPBEAT ABOUT GM'S FUTURE" as a recent New York Times headline declared.

    As soon as I read the headline, I rushed to the financial pages. There I learned GM had just been kicked off the Dow Jones Industrial Index. Yikes! Picture the New York Yankees playing so badly they were demoted to Little League status.

    That doesn't sound so good. Also, I discovered GM's share price was listed as N/A. Not applicable. Sounds to me like -- "price so low it can't be measured."

    Ah, but the Times says Team Obama has a plan. GM's new chairman, Barack Obama, has demanded that GM focus on more green technology. Another nice feature is that instead of an airbag, your GM car will come with a Joe Biden. Thank you, and drive safely...

    So the plan is: The "New GM" is going to persuade presumably sane Americans that a bankrupt Detroit automaker run by union hacks and government bureaucrats will make little, dinky, green cars better and cheaper than Toyota, Nissan, and KIA already make little, dinky, green cars.

    Believe that?

    I have a better idea. Be really smart and follow the investing advice of someone who actually understands that America is a free-enterprise democracy... and knows how to protect your money while Team Obama tries to dismantle the greatest economic powerhouse in world history.

    I refer to Mark Skousen, Ph.D., a man who for 29 years has helped subscribers to his Forecasts & Strategies newsletter build wealth -- through the crash of 1987, the boom years of the 1990s, the bursting of the Internet "bubble" in 2000, and the Crash of 2008. Dr. Skousen has seen it all, done it all, and witnessed what happened when a previous U.S. president tried his best to kill capitalism and wreck the country.

    Back then the "Dismantler-in-Chief" was Jimmy Carter. In the 1970s, "Smilin' Jimmy" complained about our "inordinate fear of communism" -- and carried his own suit bag to show what a regular guy he was. He also gave us economic stagnation, hyperinflation, stock-market disintegration, and the contempt of the Soviet Union, Iran, and every other democracy-hating dictatorship on earth.

    Obama makes Carter look like Ronald Reagan. He's apologized for America to so many countries that the only ones left on the remorse-tour are Cuba and North Korea. (Wait for it!) Obama is spending so much, so fast, that the inflationary havoc he'll cause is going to make the Carter years look like a golden age. "Malaise" will be an improvement over what's coming.

    But not necessarily to you. Not when you have Dr. Mark Skousen advising you about what's going to happen to your money before it happens... and how to make certain your money is perfectly positioned to take advantage... or just escape the chaos.

    Mark Skousen has helped his legions of investors build wealth through booms and busts, bubbles, and bubble-headed leadership. The latter is what we're being forced to endure now. As always, many will suffer tremendously. Others will prosper. The good news: You can choose to be one of the winners.

    Make the right choice. Choose the proven, expert guidance of Dr. Mark Skousen. He's the Ph.D. for capitalists. Choose Forecasts & Strategies.

    • ANSWER:
      I agree with Ann. She is right about most things.