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Subject: TELECOM Digest V23 #322

TELECOM Digest     Wed, 7 Jul 2004 18:52:00 EDT    Volume 23 : Issue 322

Inside This Issue:                            Editor: Patrick A. Townson

    VoIP Hacks Gut Caller I.D. (VOIP News)
    Adelphia to Drop Long-Distance (VOIP News)
    Gates and MS BASIC (JSW)
    Re: How Much Does Bill Gates Know About His Software? (Tony P.)
    Re: How Much Does Bill Gates Know About His Software? (Richard Shuford)
    SS7 Help (Jeff)
    Is There an Official Statement on NorVergence? (David O. Rodriguez)
    Norvergence Bankrupt (William Van Hefner)
    Re: Norvergence Sales Reps (Paul Vader)
    Re: Norvergence Sales Reps (J Kelly)
    Norvergence News Articles (Barry B.)
    Re: Norvergence - How Do I Get Out (Robert Bonomi)
    Re: Norvergence - How Do I Get Out (Black Ninja)
    Re: Norvergence - How Do I Get Out (Justin Time)
    Re: Norvergence - How Do I Get Out (Scott Dorsey)
    Re: Norvergence - How Do I Get Out (Paul Vader)
    Re: Norvergence - How Do I Get Out (Lisa Hancock)
    Re: Refuge from Recent Telco Changes (Hammond of Texas)
    NorVergence in Debt to Tune of $15 Million (Jack Decker)
    IRS Eyes Net Phone Taxes (VOIP News)

All contents here are copyrighted by Patrick Townson and the
individual writers/correspondents. Articles may be used in other
journals or newsgroups, provided the writer's name and the Digest are
included in the fair use quote.  By using -any name or email address-
included herein for -any- reason other than responding to an article
herein, you agree to pay a hundred dollars to the recipients of the
email.

               ===========================

Addresses herein are not to be added to any mailing list, nor to be
sold or given away without explicit written consent.  Chain letters,
viruses, porn, spam, and miscellaneous junk are definitely unwelcome.

We must fight spam for the same reason we fight crime: not because we
are naive enough to believe that we will ever stamp it out, but because
we do not want the kind of world that results when no one stands
against crime.   Geoffrey Welsh

               ===========================

See the bottom of this issue for subscription and archive details
and the name of our lawyer; other stuff of interest.  

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

From: VOIP News <voip news>
Date: Tue, 06 Jul 2004 21:19:29 -0400
Subject: VoIP Hacks Gut Caller I.D.
Reply-To: VoIPnews@yahoogroups.com


I'm quoting a bit more than I usually would out of this article to
make a point: Neither Caller ID, nor Caller ID blocking can be
completely trusted.  There have doubtless been court cases that have
turned on the receipt of a phone call that supposedly placed the
caller at a given location at a given time -- well it turns out that
if the caller is technically savvy, they can make themselves appear to
be at any number.  Telemarketers have played games with Caller ID for
years (and they didn't need VoIP to do it), but now it appears anyone
with sufficient technical knowledge can play all sorts of games with
Caller ID.

http://www.securityfocus.com/news/9061

Implementation quirks in Voice over IP are making it easy for hackers
to spoof Caller I.D., and to unmask blocked numbers.

By Kevin Poulsen, SecurityFocus Jul 6 2004 1:54PM
 
Caller I.D. isn't what it used to be. 

Hackers have discovered that the handy feature that tells you who's
calling before you answer the phone is easily manipulated through
weaknesses in Voice over IP (VoIP) programs and networks. They can
make their phone calls appear to be from any number they want, and
even pierce the veil of Caller I.D. blocking to unmask an anonymous
phoner's unlisted number.

At root, the issue is one of what happens to a nugget of authenti-
cation data when it leaves the tightly-regulated realm of traditional
telephony, and passes into the unregulated domain of the Internet.

On the old-fashioned phone network, Caller I.D. works this way: your
local phone company or cell phone carrier sends your "Calling Party
Number" (CPN) with every call, like a return address on an
envelope. Transmitted along with your CPN is a privacy flag that tells
the telephone switch at the receiving end of the call whether or not
to share your number with the recipient: if you have blocking on your
line, the phone company you're dialing into knows your number, but
won't share it with the person you're calling.

This arrangement relies on telephone equipment at both ends of the
call being trusted: the phone switch providing you with dial tone
promises not to lie about your number to other switches, and the
switch on the receiving end promises not to reveal your number if
you've asked that it be blocked. In the U.S. that trust is backed by
FCC regulations that dictate precisely how telephone carriers handle
CPNs, Caller I.D. and blocking. Most subscribers have come to take
Caller I.D. for granted, and some financial institutions even use
Caller I.D. to authenticate customers over the phone.

Despite that, the system has long been open to manipulation. "A lot of
times you can offer any number you want, and carriers won't validate
that," says Lance James, chief security office of Secure Science
Corporation. But in the past, the power to misrepresent your number
came with a high price tag: you typically had to be a business able to
pay the local phone company for a high-volume digital connection. On
the other side of the equation, companies who pay for toll free
numbers can often access an incoming caller's phone number even if
it's blocked.

Voice over IP networks, currently outside FCC regulation, place those
capabilities in the hands of ordinary netizens. In a telephone
interview with SecurityFocus, 21-year-old phone hacker "Lucky 225"
demonstrated how he could spoof his Caller I.D. to appear to be
phoning from the reporter's office. In another demonstration, the
reporter phoned Lucky's associate "Natas" from a residential phone
with Caller I.D. blocked. Natas was able to rattle off the unlisted
phone number.

Full story at:
http://www.securityfocus.com/news/9061 

Slashdot reader comments on this article may be found at:
http://slashdot.org/articles/04/07/07/1357225.shtml?tid=126&tid=137&tid=172&tid=215&tid=95

How to Distribute VoIP Throughout a Home:
http://michigantelephone.mi.org/distribute.html

If you live in Michigan, subscribe to the MI-Telecom group:
http://groups.yahoo.com/group/MI-Telecom/

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

From: VOIP News <voip news>
Date: Wed, 07 Jul 2004 12:48:09 -0400
Subject: Adelphia to Drop Long-Distance
Reply-To: VoIPnews@yahoogroups.com


http://www.palmbeachpost.com/business/content/auto/epaper/editions/wednesday/business_04bea67ea0e6e1f2002c.html

By Kristi Swartz, Palm Beach Post Staff Writer

Adelphia Cable is getting out of the traditional telephone business.

The Florida Public Service Commission on Tuesday approved a request
from Adelphia Telecommunications of Florida Inc., a wholly owned
subsidiary of the nation's fifth-largest cable provider, to stop
selling long-distance service.

Adelphia began offering the service to consumers in Palm Beach, Martin
and St. Lucie counties in 1997, but decided late last year to work
instead on Internet telephony, otherwise known as Voice-over Internet
Protocol or VoIP, which allows people to make phone calls through
their computers.

Full story at:
http://www.palmbeachpost.com/business/content/auto/epaper/editions/wednesday/business_04bea67ea0e6e1f2002c.html

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

Subject: Gates and MS BASIC
Date: Tue, 6 Jul 2004 09:22:52 CDT
From: jsw@ivgate.omahug.org
Reply-To: jsw@ivgate.omahug.org


Not to show my age, but I do go back to the days when Microsoft's
first products for the Altair/IMSAI came out.

It was my impression that the first tape-based MS BASIC was indeed
coded by Bill Gates himself, possibly assisted by Allen.

It was my understanding that the first product where Gates was not the
Primary Geek, was the 8080 BASCOM BASIC compiler, ca. 1981, which was
developed by J. Gordon Letwin, who Microsoft had recently pirated from
Heath.

Letwin was also the primary architect of the original Microsoft OS/2
(yes, it was originally a MS product) but I lost track of him since
then, which was over 10 years ago. I assume that much of his OS/2 code
was reused in the W95 effort.

It's my impression, but just a hunch, not verified, that Gates does
keep aware of the technical details of the new products, but not at
the hardcore nuts and bolts level.

Once a hacker, always a hacker.  ;-)

Good day       JSW

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

From: Tony P. <kd1s@nospamplease.verizon.reallynospam.net>
Subject: Re: How Much Does Bill Gates Know About His Software These Days?
Organization: ATCC
Date: Wed, 07 Jul 2004 01:23:54 GMT


In article <telecom23.318.14@telecom-digest.org>, lisa_minter2001
@yahoo.com says:

> I know that Bill Gates started Microsoft, back in 1976, I think (?)
> and one of his first products was Microsoft Basic. Does anyone know
> if he wrote all that code himself?  Also, the Microsoft Company has
> grown a lot since those days, and how much does Bill Gates actually
> know about Windows, etc these days; that is, has personal knowledge
> of the various technical aspects of his products, or like many folks,
> are large parts of the code outside his personal ability to under-
> stand also?  I am just wondering to what extent he has kept up in his
> personal knowledge of his products, etc.  Anyone know?  

No, he didn't write it all by himself. He did appropriate the original
BASIC but I do believe he was involved in the development of MS-DOS
and even development of the OS for the TRS-80 Model 1 and other
products though the Tandy line.

But does he have an active role today? I doubt it. There are too many
products in the MS tree.

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

Date: Wed, 7 Jul 2004 01:22:25 EDT
From: Richard S. Shuford <shuford@list.stratagy.com>
Subject: Re: How Much Does Bill Gates Know About His Software These Days?


> Lisa Minter  <lisa_minter2001@yahoo.com> wrote:

>> I know that Bill Gates started Microsoft, back in 1976, I think (?)
>> and one of his first products was Microsoft Basic. Does anyone know
>> if he wrote all that code himself?  

> Not all of it.  Remember that Microsoft had over 120 ports of BASIC
> for different architectures, and while Gates was very tightly involved
> with all of this, it was not a job for a single human being.  

> I remember calling Microsoft around 1978 or so and talking to Mr. Gates
> about why their HP 2101 BASIC wasn't any good.  I was told basically that
> it wasn't a very good computer and it was HP's fault that their BASIC
> had bugs and they weren't going to do anything about it.  That was the
> last Microsoft product I ever bought.

As a young man, Bill Gates wrote the BASIC interpreter for MITS, Inc.
of Albuquerque, where Ed Roberts had put together the kit for the
Altair 8800 computer -- the machine that triggered the
personal-computer revolution.  There are some dark rumors about how
Gates obtained timesharing resources on a large computer system to
complete this project.  One interesting source places him in
Albuquerque on December 13, 1977:

    http://www.thesmokinggun.com/mugshots/gatesmug1.html

Not long afterward, Gates returned to the Seattle area to team up with
Paul Allen in a business venture called Microsoft.  I believe some of
the story was told by Stephen Levy in his book "Hackers".

According to one of my friends, who worked for Radio Shack from 1977
to 1980, writing computer documentation, Bill Gates personally did
some of the coding on the Advanced Color BASIC Interpreter which
Microsoft produced under contract for the Radio Shack 6809-based
TRS-80 Color Computer (the "Co-Co").

However, this was the last Microsoft project in which Mr. Gates
participated as a software developer. (This took place before IBM
knocked on his door looking for an alternative to CP/M-86.)

Incidently, the GWBASIC interpreter of MS-DOS was pretty much just
that Advanced Color BASIC, ported to the Intel processor and with a
couple of extra language keywords.

 ...RSS

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

From: grymreap99@aol.com (Jeff)
Subject: SS7 Help
Date: 7 Jul 2004 12:59:49 -0700
Organization: http://groups.google.com


I have been assigned a research project, and I am having a nearly
impossible time completing it.  I have been asked to find the
differences in the SS7 networks in China, Japan, and the U.S.  I was
wondering if anyone had any insight into this, or knew of any
resources I could use to find the answers to these questions.

Thanks in advance for your help.

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

From: David O. Rodriguez <dor@writeme.com>
Date: Wed, 07 Jul 2004 01:09:30 -0500
Subject: Is There an Official Statement on NorVergence


Pat, 

I have been told, heard, and read many things about NorVergence's
closure on July 1, 2004. However, NONE OF IT has been something
'Official' from a court, law enforcement agency, organization,
or, from NorVergence itself.

Is there a website or anything out there that you know of that says
something officially stamped by a court or police agency or bank or
even NorVergence? Have NorVergence's lawyers issued a statement?
Please help.

David 

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

From: William Van Hefner <postmaster@thedigest.com>
Subject: Norvergence Bankrupt
Date: Wed, 7 Jul 2004 09:06:27 -0700


Newark, NJ, July 7, 2004 (TheDigest.Com) - Norvergence is bankrupt,
involuntarily.

On July 2nd, three creditors of the company Popular Leasing USA, OFC
Capital, and Partners Equity Capital filed an involuntary Chapter 11
Bankruptcy petition against the VOIP reseller. This move apparently
came only minutes before its underlying provider Qwest was to serve
the company with notice that it was terminating service to its
customers for non-payment.

In documents filed with the court, Qwest described Norvergence as
being continually delinquent in paying their bills, nearly since the
company's inception. Qwest claims that the New Jersey company owes it
$18,442,550.53 in past due long distance bills, and that it has
hundreds of thousands of dollars worth of equipment on loan to them
that it wants back.

Qwest has filed (and been granted) an expedited hearing, and has made
a motion to the court to terminate service to Norvergence's
customers. In its filing, Qwest seems to indicate that its motion to
disconnect the customers should be granted because Norvergence has no
reasonable chance of surviving the bankruptcy. Without having seen any
financial documents, that is hard to say. However, many of the
indicators we have seen lead us to suspect that this case will be
converted from a Chapter 11 (reorganization) to a Chapter 7
(liquidation) before this is all over.

Strangely enough, in order to bolster its argument that Norvergence
was headed for the scrap heap of telecom history, Qwest repeatedly
quoted TheDigest.Com in bankruptcy documents. It also went on to state
that Newark, New Jersey police were called to the company when unpaid
employees threatened to "loot" Norvergence's offices of computers and
office equipment.

Norvergence had missed a $8.5 million payment to Qwest on June 30th,
which prompted Qwest to deliberate serving notice to the company that
it would terminate its services. Unfortunately, Qwest waited too
long. Before it had a chance to notify Norvergence of its impending
shut-off, other creditors filed the involuntary bankruptcy document,
preventing Qwest from pulling the plug on thousands of Norvergence
customers. Qwest claims that it is costing the company $166,000 for
each day it continues providing Norvergence customers with "free"
service.

Norvergence is also under investigation by the New Jersey Department
of Labor for allegedly bouncing paychecks. When it fired over 1,000
workers last week, the company told its employees that they would not
be receiving their paychecks that day for the past two weeks work, nor
would they be paid for any past due salaries owed. The company has
blamed its financial problems on lack of funding from investors.

Based upon past rulings, we find it unlikely that Qwest will be
allowed to disconnect Norvergence customers anytime soon. The carrier
would most likely need to convince the court that the case should be
converted into a Chapter 7 filing first, and that will likely take
some time. Still, Norvergence customers are quite obviously dialing on
borrowed time, and should immediately begin looking for a new
telecommunications provider. In our opinion, the odds of Norvergence
successfully reorganizing are almost zero.

To add insult to injury, most of Norvergence's customers are now stuck
with multi-year leases on equipment supplied by the company, but whose
debt was actually sold to outside financing companies. Technically,
the customer owes a debt to the financing company, and not to
Norvergence. Customers are still on the hook to pay the financing
companies for years to come, even if no service of any kind is
provided. We suspect that Norvergence made most of its revenues not
from selling telecommunications services, but from the sale of
equipment leases to finance companies instead.

We have made all court documents from the Norvergence bankruptcy available
for download at http://www.thedigest.com/docs/norvergence/


William Van Hefner Editor - TheDigest.Com postmaster@thedigest.com
http://www.thedigest.com/current/

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

From: pv+usenet@pobox.com (Paul Vader)
Subject: Re: Norvergence Sales Reps
Date: Wed, 07 Jul 2004 15:05:17 -0000
Organization: Inline Software Creations


> I have been working with a company that offers a service similar to
> Norvergence and has been up an running for a year now with no
> problems.

Pat, do we have to see these messages? At least a couple of them (not
*necessarily* this one) look like hooks for a reloader scam. *

* PV   something like badgers--something like lizards--and something
       like corkscrews.

[TELECOM Digest Editor's Note: They are like buzzards flying around
overhead are they not; waiting for the final gasp of life out of
what remains of the Norvergence carcass so theyt can swoop down and
begin picking the bones clean. One master scammer (Norvergence) is
sure to encourage and prompt inexperienced scammers to follow.  PAT]

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

From: J Kelly <jkelly@newsguy.com>
Subject: Re: Norvergence Sales Reps
Date: Wed, 07 Jul 2004 12:46:03 -0500
Organization: http://newsguy.com
Reply-To: jkelly@newsguy.com


On 6 Jul 2004 13:49:40 -0700, unlimitedcallingusa@yahoo.com (Unlimited
Calling) wrote:

> If there are any Norvergence sales reps with deals they want to close,
> this company will pay you at least as much as Norvergence paid you
> maybe more, as soon as the customer is installed.

> You can send your contact info or email directly at
> unlimitedcallingusa@yahoo.com for more info.

> Don't let your deals fall apart, get paid on them and deal with a
> reputable company.

Pat-

I'm not sure why a reputable company would be spamming here and using
a yahoo.com email address.  I'm even more baffled by why you allow
this crap on the Digest.

[TELECOM Digest Editor's Note: Because this is 'be kind to buzzards
week' here at the Digest. I want to make sure the little guys get
their food in the form of other suckers. As I noted in response to
Paul Vader, all the spammer-buzzards are stirred up and flying around
now, starting to eat the remains of the corporate carcass that was
Norvergence. Its their nature; they don't know any better.  PAT]

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

From: BarryB <barryb@simlab.net>
Sent: Wednesday, July 07, 2004 9:41 AM
Subject: Video News on Norvergence From Last Week


A couple stories on Novergence from last week, including a short video
 from Channel 12 news.

http://www.news12.com/NJ/topstories/article?id=112831

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

Organization: Robert Bonomi Consulting
Subject: Re: Norvergence - How Do I Get Out
From: bonomi@host122.r-bonomi.com (Robert Bonomi)
Date: Wed, 07 Jul 2004 06:09:43 +0000


In article <telecom23.319.9@telecom-digest.org>,
n-line@juno.com  <n-line@juno.com> wrote:

> Well if all is true then Norvergence is out of business.  One thing
> hasn't been addressed though ... what are the existing customers
> supposed to do now?  We have signed lease agreements with banks for
> equipment that won't work when Quest turns off the lines again.  How
> do we get out of those?  Anyone have any ideas??
>

> [TELECOM Digest Editor's Note: I suggest simply ignoring those fraud-
> ulent contracts the banks are holding. FREEZE ALL TELECOM PAYMENTS
> IMMEDIATLY. If the bank wants to sue, that's okay. 

 [[ more grossly inaccurate legal mis-advice snipped ]]

You *really* shouldn't be practicing law without a license, especially
when you don't know jack sh*t about what you speak.

Unfortunately, the customers _are_ on the hook for the full price of
the equipment contract.  *REGARDLESS* of whether Norvergence is still
in business *or*not*.

The legal premise is "Holder in Due Course".  The party to the note 
has recourse *ONLY* against the originator (Norvergence).  When the 
originator sells the paper to a third party, *ONLY* the payment 
responsibilities are transferred.  Any other issue _remains_ with the 
originator.

Unfortunately, this means that those 'former' Norvergence customers
are just SOL.

[TELECOM Digest Editor's Note: Freeze all accounts payable immediatly
regards Norvergence leases, etc. Tell the bank to file suit immediatly
against you if they wish, not to bother giving their good money to 
an agency. PAT]

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

From: triple_des1544@yahoo.com (Black Ninja)
Subject: Re: Norvergence - How Do I Get Out
Date: 6 Jul 2004 22:53:15 -0700
Organization: http://groups.google.com


> Yet bank is willing to carry the paper for a multi-year
> thousands of dollars deal *based on fraud* against end-users

The solution that Norvergence was offering was not fraudulent.  It was
the poor management policies at the top that prevented it from
working.  The banks had no way of knowing that NorV would not pay the
bills.

> Another warning sign should have been that Norvergence wanted the bank
> to pay them a full five year's worth before even one year (or a few
> months) had been honored on the contract. 

Anybody that has ever purchased a new vehicle should understand this
one.  When you make out your check for the monthly payment, it is not
to the dealership that you drove away from.  It is to a BANK.  You do
not pay a dealership for a few months and then have a bank take over,
the dealership will shop your deal around to various banks until they
find one that will BUY the deal.  At that point, the Dealership has
removed itself from the financial end of that agreement.  It is you,
and the bank, whether your new car blows up or not.  If it does blow
up, then you fall back on the WARRANTY, which is again NOT provided by
the dealership, but by the manufacturer.

> [TELECOM Digest Editor's Note: The bank did *not* loan the end user
> any money. The bank loaned money to Norvergence, backed up by collateral
> offered by the end user: his promise to pay. 

The bank did not "loan" anybody anything.  The bank BOUGHT the deal
from Norvergence -- for a lesser amount to reap a profit.

And to answer your question, Steven, it feels great to be without a
job.  It is a well deserved vacation.  I had earned 6 figures by
mid-year, I know that I did everything in my power to aid my
customers.  I am proud to say that I worked with some of the best,
most honest, telecom sales people in the business.  I am also very
confident that these sales people would sell circles around the
unscrupulous agents that tend to frequent these boards.  You think
that Norvergence was dirty?  Tell me you've never heard of an agent
stealing deals, or misquoting price.  Telecom is not the clean white
sheet that people are making it out to be, and Norvergence is not the
only stain.

[TELECOM Digest Editor's Note: Freeze all accounts payable with
regards to Norvergence. Advise bank to either go straight to
collection agency  or court as they wish.   PAT]

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

From: a_user2000@yahoo.com (Justin Time)
Subject: Re: Norvergence - How Do I Get Out
Date: 7 Jul 2004 05:21:20 -0700
Organization: http://groups.google.com


Steven J Sobol <sjsobol@JustThe.net> wrote in message
news:<telecom23.320.10@telecom-digest.org>:

> n-line@juno.com <n-line@juno.com> wrote:

>> Well if all is true then Norvergence is out of business.  One thing
>> hasn't been addressed though ... what are the existing customers
>> supposed to do now?  We have signed lease agreements with banks for
>> equipment that won't work when Quest turns off the lines again.  How
>> do we get out of those?  Anyone have any ideas??

>> [TELECOM Digest Editor's Note: I suggest simply ignoring those fraud-
>> ulent contracts the banks are holding.

Sorry Pat, but you are all WRONG on this one.  The bank purchased a
contract between the customer and Norvergance for the lease of
equipment.  If the service goes away, the bank is not responsible,
they have a contract between two parties for equipment.

The equipment didn't go away, just the service for the equipment.
That does not render the contract invalid or unenforceable.  If they
fail to pay the bank, then the bank has every right to sue and will
win in court.

Is it worth it to ruin yours, or your company's credit over a bad
choice YOU made?

This I know from personal experience.  I have a friend who had a
business that had to go Chapter 7 because of a similar arrangement
with a copier.  After almost $40,000 of lawyer fees he still had to
pay the bank for the contract on a faulty copier the bank had
purchased from the copier supplier.

Rodgers Platt

[TELECOM Digest Editor's Note: Freeze all accounts payable immediatly
in reference to Norvergence. You mentioned your friend who wound up
going straight chapter 7. If the bank wants to buy garbage that is
bank's business, I guess. And I think it is just too damn bad that
the so-called American 'system' of justice favors banks over small
business people. In fact, I think the scale of justice is always
tipped in favor of big business and the banks. Why does it seem to
always take complete break downs in society (i.e. south central el lay
in the early nineties; Chicago [twice!] in 1968;  many other similar
cases to demonstrate this?) PAT]

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

From: kludge@panix.com (Scott Dorsey)
Subject: Re: Norvergence - How Do I Get Out
Date: 7 Jul 2004 10:56:16 -0400
Organization: Former users of Netcom shell (1989-2000)


n-line@juno.com <n-line@juno.com> wrote:

> Well if all is true then Norvergence is out of business.  One thing
> hasn't been addressed though ... what are the existing customers
> supposed to do now?  We have signed lease agreements with banks for
> equipment that won't work when Quest turns off the lines again.  How
> do we get out of those?  Anyone have any ideas??

I don't, and that is the whole evil in the situation.  The bank is holding
the note, rather than Norvergence, and the end user takes all the risk.

I think you had best talk to a good contracts lawyer, but I suspect that
unless something very dramatic happens as part of the bankruptcy settlement
(assuming there even is a bankruptcy settlement) that you are going to
continue to be liable for the ongoing lease of the box unless there is some
clause in the contract specifically invalidating the lease if Norvergence
is unable to meet their terms of service.

You are going to need to have someone look your contract over very
carefully.  It's too late now to point out that you would have done
better to have had someone look the contract over before signing it,
of course.

--scott

"C'est un Nagra.  C'est suisse, et tres, tres precis."

[TELECOM Digest Editor's Note: The Norvergence sales rep would not
allow that! He insisted on talking to the 'decision maker' for the
company and getting him to sign, then the bank sits there with a 
hurt look on its face saying well its not *our* fault. This should
be a good lesson; *any* salesman who comes to your door asking to
talk with the 'decision maker' should be unceremoniously kicked out
then and there -- on his ass! At the very least, freeze all accounts
payable relating to Norvergence until the lawyers have worked out a
settlement. Advise bank you prefer to have them take it straight to
court.   PAT]

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

From: pv+usenet@pobox.com (Paul Vader)
Subject: Re: Norvergence - How Do I Get Out
Date: Wed, 07 Jul 2004 15:02:01 -0000
Organization: Inline Software Creations


> [TELECOM Digest Editor's Note: The bank did *not* loan the end user
> any money.

You are completely wrong. Go back into the archives -- you can see
that many people have said that the loan is between the Norv customer
and the bank, and nobody else. Norvergence got the money, but they're
not the ones liable for the debt. It's possible they're not even
mentioned in the loan paperwork.

Simply refusing to pay is a great way to destroy your company, as your
other creditors will see the slow/no pay and freak out.

It's an expensive lesson, but a clear one -- never take out a loan
unless YOU are the one who pockets the money. *

* PV   something like badgers--something like lizards--and something
       like corkscrews.

[TELECOM Digest Editor's Note: It is important that you stress to your
other creditors that you are *NOT* slow pay (and as needed, pay them
early or on time.) Stress to your other creditors that this is purely
a dispute between the various debtors of a charlatan bank and its
charlatan customer Norvergence, and that you will pay the charlatans
if a judge in court orders you to do so, not before.  In fact, maybe
a form letter to all creditors explaining it would be wise. Explain
how it would appear that Norvergence conspired with the bank to do
this. But be certain to freeze all accounts payable to bank in refer-
ence to Norvergence in meantime. Chances are good charlatan bank will
not sue anyway, IMO.    PAT]

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

From: hancock4@bbs.cpcn.com (Jeff nor Lisa)
Subject: Re: Norvergence - How Do I Get Out
Date: 7 Jul 2004 12:59:54 -0700
Organization: http://groups.google.com


TELECOM Digest Editor noted in response to Steven J Sobol
<sjsobol@JustThe.net>:

> [TELECOM Digest Editor's Note: I am not a lawyer and cannot give legal
> advice. With that being said, I still maintain that an agressive and
> litigous debtor is the best debtor in this case. **Do not** just give
> in to bank's demands for payment from you; they are hoping their 
> bullying tactics will do the job. **If** it comes to the point of suit
> which is not at all certain, at the very least countersue, which will 
> send many banks (and collection agencies) running for the hills. 

I would tend to agree, but first I would review the contract very
carefully with a good attorney.

Other than that, I'm pessimistic.  Without knowing the actual
loan agreement, everything below is speculative.

> Maybe it was not a *deliberate* act (i.e. fraud) by the bank, but it
> was extremely careless of the bank not to completely investigate what
> they were being asked to finance. Either bank knew (was part of fraud)
> or **should have known** what was going on. 

I'm not sure if that's accurate, it depends on the terms of the
loan and lease.

In general, when a bank lends you money, you are responsible
to pay it back, regardless of whatever you did with that money.
For instance, if you buy some land and it turns out to be worthless
or even a liability, the bank is not responsible, you are.

Any prudent buyer of a lease should and would know about early 
termination options and quality guarantees, especially on a 
five year lease.  Normal business contracts have termination
clauses.
 
> Another warning sign should have been that Norvergence wanted the bank
> to pay them a full five year's worth before even one year (or a few
> months) had been honored on the contract. So end-users are expected to
> be responsible for the mistakes idiots at the bank make?  

Unless the bank was acting as Norv.'s agent or was certifying
the reliability of the company, the end-customer is ultimately
responsible to pay the loan.  I strongly doubt a bank made
any representation as to the fitness or applicability of the
produce/service.

When you take out a loan on something, the bank will check it
out to see that it basically actually exists and has some value
to it (that you're not buying thin air with their money).  Clearly
this company existed and was running.  I doubt a bank goes
beyond that; they certainly don't go poking around the switchroom.
As best I can tell, the bank loaned the customer money, nor Norv.

Every business takes a risk with every supplier and customer it deals
with.  If a customer or vendor screws a business and goes bankrupt,
the business is stuck with the bill.  The only recourse is to get in
line at bankruptcy court.

> Although it is likely and probable that many end-users signed off on
> the obscene contract presented to them by the Norvergence sales rep
> under much pressure.

I have to ask why commercial customers were willing to sign under such
pressure.  To be frank, it's hard for me to be sympathetic with such
commercial customers who'd were so anxious to save money they jumped
on a too-good-to-be-true contract.  Any business person should know
whom they're dealing with, and dealing with a start-up entails extra
risk.  Going out of business is NOT unusual.

[TELECOM Digest Editor's Note: I have to generally agree, Lisa. Why
in the hell anyone would sign an open-ended contract like Norvergence
sales reps handed out is beyond me. But, the bank, if it were not such
a charlaton (and thought this would make money for them illegally)
would have *also* gone over the contract with a fine tooth comb. Back
in 1968-70 the door-to-door enyclopedia sales company was doing the
same kind of thing. Not only were they completely abusing the guys 
working for them (housing them in fleabag motels, buying them a lousy
hamburger for their one meal per day; abandoning the kids in strange
places when they were through using them); they were also selling
their paper to a few unscrupulous loan companies who were in effect
'loaning money' (just like the bank now) to the people who thought
they were getting a good deal on a set of worthless books. The loan
companies knew what was going on; I will suggest most of the banks
Norvergence was dealing with also knew what was going on. Banks are 
not stupid; they **knew** who they were dealing with and how things
would go. 

Look at bank's attitude toward someone who wants a lousy Visa Merchant
account. Credit checks, a complete investigation, etc. all so that
you can send them a few dollars now and then on a Visa transaction.
The banks scrutinze those guys so carefully, and if internet is 
concerned, often as not refuse to do business. Are you gonna sit there
and say in the case of Norvergence, bank did not do a very thorough,
very comprehensive examination first? Yet still chose to do business
with that bunch of crooks? Maybe they had cut a deal of some kind 
with Norvergence?  Oh, hush my mouth! Did I just imply that maybe 
bank (at least some of them) were partners to the fraud? Be smart: 
freeze all accounts payable to Norvergence, invite bank to do some-
thing about it if they wish. I do know in the 1968-70 encyclopedia
door-to-door scandal, some of the 'loan companies' who 'loaned you 
money to buy that wonderful set of books for your kids' screamed
bloody murder when the Court put them out of business.

Take a list of Norvergence customers who have been scammed and see
*which banks* were involved as middleman. Check the corporate
relationships between those banks. You might be surprised to find
many of them come from common ownership or management. But of 
course, Poor Put Upon Bank got cheated by the end user who followed
the advice to FREEZE ALL ACCOUNTS  PAYABLE TO NORVERGENCE.   PAT]

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

Date: Wed, 07 Jul 2004 08:25:42 -0700
From: Hammond of Texas <spambait@spamcop.net>
Subject: Re: Refuge from Recent Telco Changes


> TX has built a solid foundation since 1985 with an
> excellent management team that gives me the confidence that I can help
> companies with these changes...

 ... By spamming usenet newsgroups. Yeah, that's a REAL confidence builder.

[TELECOM Digest Editor's Note: Poor buzzards; don't know any better 
than to pick over the carcasses in front of them.  PAT]

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

Date: Wed, 07 Jul 2004 13:10:05 -0400
From: Jack Decker <not revealed>
Subject: NorVergence in Debt to Tune of $15 Million


Pat, please withhold my e-mail address.  Just thought you would find
this interesting:

http://www.nj.com/business/ledger/index.ssf?/base/business-0/1089185452227510.xml

Newark telecom files for Chap. 11 
BY HENRY C. JACKSON 
Star-Ledger Staff 

NorVergence, a once-hot telecommunications provider, was forced into
bankruptcy court by three creditors who say the Newark company was not
paying its bills.

The involuntary petition for Chapter 11 bankruptcy protection, filed
late last week but posted online over the weekend, portrayed a company
sinking under millions of dollars of debt.
 
The move leaves approximately 10,000 customers, mostly small and
mid-sized businesses who use NorVergence for telephone and Internet
service, in limbo. And the news was no better for many of
NorVergence's employees. They were sent home for good last week.

When closely held NorVergence came to town in 2001, the company was
touted as an important source of new jobs in Newark's troubled
downtown area. NorVergence, at its most basic, bought whole
telecommunications service and resold it.

But layoffs and allegations of bounced checks and poor service have
dogged the company.

Full story at:
http://www.nj.com/business/ledger/index.ssf?/base/business-0/1089185452227510.xml 

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

From: VOIP News <voip news>
Date: Wed, 07 Jul 2004 12:12:21 -0400
Subject: IRS Eyes Net Phone Taxes
Reply-To: VoIPnews@yahoogroups.com


http://zdnet.com.com/2100-1103-5258809.html
 
By Declan McCullagh 
CNET News.com
 
A "temporary" tax created to pay for the Spanish-American War may
result in higher fees for Internet telephone calls.  The IRS and the
Treasury Department have suggested that an existing federal excise tax
on phone calls should be interpreted to apply to voice over Internet
Protocol (VoIP) calls, a move that promises to roil the fast-growing
industry and follows similar attempts by state officials to tax or
regulate the technology.

In a notice published Friday, the IRS and Treasury Department said
they are considering whether the 3 percent federal excise tax should
be reinterpreted "to reflect changes in technology" used in
"telephonic or telephonic quality communications."

"They're looking at VoIP and any other potential technologies that are
flying under the radar," said Glenn Richards, a partner at the law
firm Shaw Pittman in Washington who represents VoIP companies. 
"Clearly they're trying to extend their jurisdiction to apply the
excise tax to as many 'calls' as they can. It's got to be a revenue
issue for them. If everyone starts migrating to new platforms, they're
facing a decrease in excise taxes."
 
Full story at:
http://zdnet.com.com/2100-1103-5258809.html

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

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