Oct 152010
 

In 2009, Harley-Davidson embarked on an aggressive restructuring plan to avoid bankruptcy and retain investors: It shed Buell and MV Augusta; shut down factories; sold off machinery; reneged on promises to develop land and add jobs in a quid pro quo deal involving the museum; cut 2,000 jobs; forced the workers to pay more of their health insurance costs; and turned union jobs into fairly low-paid temp jobs.

The Motor Company’s threat to pull manufacturing from Wisconsin resulted in 25 million in tax credits even as the company throws hundreds onto the unemployment rolls—benefits that come out of taxpayer dollars.

Even though the Motor Company admitted enormous restructuring costs, it presented the 2Q results in an extremely favorable light—look, despite everything, the company rebounded from enormous losses and made a little profit.  And it’s leaner—and meaner—coming out of it.

Some analysts, though, question whether it’s a sound health and if the company will rebound in the future. Some are even recommending short selling the stock:

Seth Jackson, in a Motley Fool article, “Show Me the Money, Harley-Davidson” published after the second quarter results came out found the cash flow was disturbing: “When I say “questionable cash flow sources,” I mean line items such as changes in taxes payable, tax benefits from stock options, and asset sales, among others. That’s not to say that companies booking these as sources of cash flow are weak, or are engaging in any sort of wrongdoing, or that everything that comes up questionable in my graph is automatically bad news. But whenever a company is getting more than, say, 10% of its cash from operations from these dubious sources, I feel obliged to crack open the filings and dig even deeper, to make sure I’m in touch with its true cash profitability.”

Questionable cash sources, he points out, comprises 28% of the cash flow from operations for Harley-Davidson. “Harley has one of the messier cash flow statements out there, full of swings from “retained securitization interests” and other wonders of modern finance.”

In comparison, H-D’s nearest competitors FCF range from 13% (Polaris) to a negative 8% for BMW group. Iow, H-D’s FCF is over twice as much, which isn’t necessarily bad but it’s not necessarily good.

Then there’s the kind of savings that come from restructuring. The Motor Company says it “saved” $135 million to $155 million from the restructuring activities it’s undertaken beginning in 2009. Harley wants us to believe savings could go up to $240 million to $260 million a year.

Jeffery B. Middleswart, President and Director of Research at Behind The Numbers, says restructuring charges tell him a company made a mistake, especially when they come up often.

“They are telling you they screwed something up,” he said.

While huge savings in one year look impressive on a balance sheet, they generally aren’t duplicated again. There’s only so many times they can  borrow $600 million from investors, disassemble plants or throw hundreds into unemployment to look good for Wall Street mavens.

More to the point, Harley’s 2Q profit didn’t come from selling motorcycles—it came from selling off assets, laying off workers and borrowed money—specifically, it came from cleaning up some of the mess in the Financial Services subsidiary. The business of HDFS is primarily motorcycle loans. Making loans is not making motorcycles.

Ultimately, though, a motorcycle manufacturer has to sell bikes if it’s to stay in business. And they aren’t selling many—and the less motorcycles it makes, the less loans.

And such drastic measures surely convey that Harley-Davidson doesn’t believe it will be needing those factories or workers for a long time. And that speaks volumes about the kind of company H-D believes it will be in the future—one that won’t be selling a lot of motorcycles soon.

It’s also going to have $5 billion in net debt after the loans and restructuring costs.

It will take a lot of savings from restructuring and a hell of a lot of bikes sold to pay that back.

Another spot of concern is the increase in short selling of Harley stock. As another Motley Fool article, “Don’t Short These Stocks” by Jordan DiPietro pointed out that “droves” of investors are shorting Harley stock.

Short Selling is the act of borrowing stock to sell with the expectation of price dropping and the intent of buying the stock back to replace at a cheaper price.”

Short interest as a percentage of float, which is a great yardstick for how heavily shorted a stock actually is, typically remains below 5% — anything above that usually indicates a red flag.”

Harley’s short interest percentage of float was 10.7%–or twice what’s considered typical.

Iow, many investors believe Harley isn’t on the road to recovery for many of the reasons we’ve discussed—an aging demographic that’s uncertain about the security of their investments and pensions or are unemployed, massive net debt, questionable cash flow and a profit that came from financing bikes rather than making them.

Beyond all we’ve already talked about, there’s an odd little coincidence that suggests they might be right:

According to an article on the website Seeking Alpha, “Harley-Davidson: Looking for a Good Short? Shed Some Fat”,

The financial services company, BMO Capital Markets, (http://www.bmocm.com/) found that S& P’s Case-Shiller index of house prices correlated with Harley’s stock prices than any other measure such as “the unemployment rate, interest rates, gross domestic product and consumer sentiment scores…to explain the stock’s movements.”

Both existing and new home sales plummeted in July—but home prices were increasing slightly. Still, “While the numbers are upbeat, other more recent data on home sales and mortgages point to fewer gains ahead,” says David M. Blitzer, Chairman of the Index Committee at Standard & Poor’s.”

Existing home sales rose slightly in August, but were still down not only from June but from August 2009. New home sales were static from July. Case-Shiller results will be announced this coming week.

Harley stock price rose slightly after the unions caved in Wisconsin—this strengthens the correlation with Case-Shiller house prices though one has nothing to do with the other.

However, home sales—either new or existing—speaks of a widespread economic health. And if people can afford to buy a house, they might afford an over-priced motorcycle. It could be that  home sales are bellwether of motorcycle sales, it’s very likely that Harley shipments were soft in the third quarter. We’ll find out on October 19 when the Motor Company releases its third quarter results.

Oct 052010
 

P1 Special Report: Blood Lessons: Lessons learned from an off-duty officer involved in fatal shootout at a McDonald’s

by PoliceOne Contributor Scott Buhrmaster

Article submitted by PoliceOne member who would like to remain anonymous

In response to a recent Force Science News article ( Have Gun, Will Travel? ) discussing the issue of off-duty/concealed carry, a sergeant in California shared the following account of a horrific off-duty engagement he and his family unexpectedly fell into. The hard-earned lessons he shares may save your life in an off-duty encounter, so we hope you will take them to heart.

[Editor’s note: Because of the impact this incident has had on his family, this sergeant has asked for anonymity.]

He writes:

I had taken my family to a McDonald’s Restaurant on our way to a pool party. I was off-duty, in civilian clothes, and armed.

I was standing in line and oblivious (like all the other patrons) to the fact that an armed suspect had taken the manager hostage and was forcing her to open the safe in the restaurant’s office. One of the cashiers had seen this and I overheard her telling another employee that the business was being robbed.

At that time, I had approximately 15 years of experience and was a SWAT team member and use-of-force/firearms instructor. I had talked to my wife about such an occurrence and we had a preplanned response. When I told her to take the children and leave the building, she did not hesitate. I began quietly telling employees and patrons to leave. My thinking was to remove as many innocent bystanders as possible and then leave myself.

I thought that because I did not see the suspect enter he must have come in from a side door or employee entrance and I assumed (wrongly) that he would go out the same way. As I was standing near the front counter trying to get some of the kitchen help to get out, the suspect came from the office area and began running in my direction.

I immediately noted the large semi-automatic pistol in his hand. The distance was about 15 to 20 yards. I drew my weapon, announced myself and took a kneeling position behind the counter. Unfortunately, the suspect raised his weapon at me and the gunfight erupted. The suspect fired a total of 2 rounds in my direction. I fired 11, striking him 10 times.

My weapon was now empty and I ran from the line of fire to reload my spare magazine. I then approached the downed suspect and could tell that he was seriously wounded. It was right then that I considered that there might be more than one “bad guy” (the thought had not crossed my mind before this) and I began to scan the 360 to check.

I immediately noticed a small child lying behind me. I saw blood pooling under her head and knew at a glance she was dead. One of the bullets fired at me had struck this child. Unbeknownst to me, my family had tried to exit out the fire door, which was locked. My wife was still trying to get out when the shooting started and she pushed my kids under a table where they all witnessed the gunfight.

The end result was that the suspect died, I survived, but a 9-year-old girl did not.

I tell you this story because I think that this topic is of utmost importance. It is largely ignored in mainstream police training. I want to tell you some of the lessons I learned from this incident:

1.     If you are going to carry a firearm off-duty, you should carry extra ammo. Security camera video of this incident revealed that I fired all 11 rounds from my Glock 26 in about 2 seconds. My extra mag held 17 rounds. Words cannot describe the emotion I felt when I slammed that mag into my weapon and was able to still be in the fight.

Mostly because of circumstances (distance) and my training, my rounds were on target. It could have happened differently and the reality is that most of us miss more than we hit when involved in a gun battle.

2.     You cannot have the typical police mind-set in an off-duty situation. I ended up in this incident without a radio, without backup, without body armor, handcuffs, other force options and without taking the time to think it through. I was truly most frightened when the gunfight was over and I was standing there covering the suspect with my weapon in my T-shirt and shorts.

I was really worried that one of my own guys might not recognize me. I was worried too that there might be some other off-duty copper around who would think I was the bad guy.

The smartest, most responsible thing I could have done would have been to take care of my family first. I should have seen personally to their safety. If I had grabbed them and gone outside, I would have spared them this entire experience and that little girl would probably still be alive today.

Again, words cannot describe the emotions that we all went through after this incident. I recognized afterward that it could have been one of my children lying dead because of my actions. When you are off-duty your first responsibility is to your family. You should never forget this.

3.     I survived this incident. Partly due to my training and tactics. Partly due to God’s grace and blind luck. But the other side of the coin is that I got into this incident because of my training. I switched immediately into “cop” mode without stopping to consider that I was at a great tactical disadvantage. Most of us are driven and dedicated to the point of self destruction and I think good cops die because we are taught to place our personal safety second when others are in danger.

Because I had never trained realistically for a situation like this, I was unprepared. Most of the guys I worked with then and now carry off-duty weapons. But few of them, if any, have really taken the time to engage in realistic training and preparation for how to handle an off-duty incident.

Training can be as simple as discussing these types of situations with your coworkers. Since this shooting, I have devoted at least one quarterly range session with my students to off-duty encounters and the associated considerations.

4.     The responsibility of carrying a firearm is huge. I had devoted countless hours to training for the fight, but was not fully prepared for the aftermath. None of the training scenarios, books, films, etc. that I learned from touched upon the fact that when you take that gun out and decide to take action, 9-year-old kids can get killed. Even if you do everything by the book, use good tactics, and are within policy and the law, the outcome can still be negative.

You have to remember that the suspect does not go to the range and he does not practice rules of weapons safety. He does not care about what’s in his line of fire. If it’s you or him, you gotta do what you gotta do, but whether you’re on-duty or off-duty we need to train to look at the totality of the incident.

Letting the bad guy go because doing otherwise would place innocent people in grave danger needs to be more “socially acceptable” amongst our ranks. I think we’re starting to see more of this in the pursuit policies of most agencies and I have tried to carry this message over into my training and teaching.

I guess the bottom line here is that it’s good to be on “auto pilot” when it comes to tactics in these situations, but we can’t go on auto pilot in our assessment and examination of the environment and circumstances leading up to and during the event. On-duty mind-set and off-duty mind-set need to be strongly separated and the boundaries clear.

– A California Sergeant

Sep 292010
 

Driving to work in the morning can be a tedious and annoying affair. At least, we imagine it is, since we are chained to the wall of a basement staring at a computer screen for 23.5 hours per day. One vehicle that can make any commute quicker is a motorcycle… perhaps even a stupid-fast literbike like the Yamaha R1.

Combine a rider with a need for death speed, a 25-mile commute through Russian traffic and a powerful two-wheeled samurai sword, and you get a video showing the “quick” way to work. Sometimes this two-wheeler even becomes a one-wheeler as rare empty stretches of road disappear when the nose goes skyward.

According to our tipster Andy (Thanks!), the title translates to “A couple minutes of my life could be more interesting than the whole life of the other people.” It’s certainly interesting, but we prefer pushing vehicles to our limit on a track. Regardless, the music choice is excellent and the riding would make Trinity jealous. We don’t condone this type of action, but that doesn’t mean we can’t all check out the video, which you can watch after the jump.

I could name a few people who could do some of the same stuff.  However, maybe not in this kind of traffic.

YOU KNOW WHO YOU ARE.

Sep 252010
 

Submitted by:
PoliceOne Staff

When you ask someone for their license, registration, and insurance documents during a traffic stop, do you take them out of the driver’s hand immediately after they’re presented to you? If so, you might be robbing yourself of a valuable behavioral observation opportunity.

Instead, consider waiting a few extra seconds, particularly if you think you might be dealing with someone hinky. As you know, a higher than usual level of nervousness can be a reliable indicator of possible problems. By waiting a little longer to grab the license or other paperwork you’re giving yourself an opportunity to watch for extreme shaking. One interdiction officer reported dealing with a driver who began shaking so badly after the officer hesitated before taking his license that he could barely keep it from falling out of his hand.

Sure enough, the guy turned out to be a mule.

Sep 212010
 
Written by Taryn Kukucka
Thursday, 05 August 2010 08:49
With the new plans to increase sales, Harley-Davidson will eliminate the production and sales of sidecars. I know you’re all very disappointed since sidecars are such a hot addition to your motorcycle, but there just isn’t a demand in the market for them anymore.Harley first released the sidecar to customers back in 1914 as a solution to transporting belongings without having to sacrifice riding your motorcycle. It’s also a spot for another passenger to ride in or even a dog if you really need to. But I’m sure everyone would agree that sidecars aren’t that great of an addition to a Harley, which is probably why you rarely see em attached to many bikes. Financially, this is a great move on the manufacturer’s part to cut costs where money isn’t generating.It seems as though Harley really is taking their new marketing plan seriously, and hoping to bring a new wave of motorcycle buyers.
Sep 142010
 

Well, Mr. Citizen, it seems you’ve figured me out. I seem to fit neatly into the category where you’ve placed me. I’m stereotyped, standardized, characterized, classified, grouped, and always typical. Unfortunately, the reverse is true. I can never figure you out.

From birth you teach your children that I’m the bogeyman, then you’re shocked when they identify with my traditional enemy…the criminal!

You accuse me of coddling criminals…until I catch your kids doing wrong.

You may take an hour for lunch and several coffee breaks each day, but point me out as a loafer for having one cup.

You pride yourself on your manners, but think nothing of disrupting my meals with your troubles.

You raise hell with the guy who cuts you off in traffic, but let me catch you doing the same thing and I’m picking on you.

You know all the traffic laws…but you’ve never gotten a single ticket you deserve.

You shout “foul” if you observe me driving fast to a call, but raise the roof if I take more than ten seconds to respond to your complaint.

You call it part of my job if someone strikes me, but call it Police brutality if I strike back.

You wouldn’t think of telling your dentist how to pull a tooth or your doctor how to take out an appendix, yet you are always willing to give me pointers on the law.

You talk to me in a manner that would get you a bloody nose from anyone else, but expect me to take it without batting an eye.

You yell something’s got to be done to fight crime, but you can’t be bothered to get involved.

You have no use for me at all, but of course it’s OK if I change a flat for your wife, deliver your child in the back of the Patrol car, or perhaps save your son’s life with mouth to mouth breathing, or work many hours overtime looking for your lost Daughter.

So, Mr. Citizen, you can stand there on your soapbox and rant and rave about the way I do my work, calling me every name in the book, but never stop to think that your property, family, or maybe even your life depends on me or one of my buddies.

Yes, Mr. Citizen, it’s me…the lousy cop!

The author of this article was Trooper Mitchell Brown of the Virginia State Police. He was killed in the line of duty two months after writing the article. As a salute to the millions of men and women police officers who put their lives on the line for us everyday, please pass this on.

Sep 122010
 

The book is always better than the movie, so when you write your use-of force report, put the reader in your shoes and make them feel the fear you experienced.

The recent police shooting in Benton Ridge, Ohio clearly demonstrates that an unarmed suspect’s words and actions can create a situation which would lead reasonable officers to believe that their lives are in imminent danger. In this situation, more than one officer perceived the danger and dramatically backed away from the van. Then, more than one officer fired as the enraged suspect burst violently out of the window of the vehicle. But that video, as compelling as it is, is woefully inadequate as a true record of events. For that, we must turn to the reports from the officers involved. That’s why this event is a stark reminder for all officers that in a use-of-force incident, the report you write is critical to the post-incident events that inevitably follow.

Dynamic Story Telling
Officers involved in any use-of-force situation must freeze frame the moment. In their report, they must articulate every bit of information given to them leading up to the decision to use force. They must also document every statement, threatening gesture, and overt act that created the perception of danger which led them to the decision to fire.
After the fact the suspect may lie and the attorney will likely spread the lie. The media will then report the lie (and probably speculate and edit the tape to shape their story). Defense experts will make good money explaining how they would have done things differently. All of these people will be able to replay the tape over and over again in slow motion before coming to a conclusion in a situation that played out in mere seconds before your eyes.

There are so many cases in which suspects’ threatening words and movements lead officers to believe they are facing an imminent threat of death or great bodily harm. Suspects arm themselves with cell phones and other fake weapons and at times make movements feigning attack. That first report where you freeze a critical moment in time will help you accurately frame the desperate events. It should put the reader in the shoes of the officer involved.

For example, the suspect bent on “suicide by cop,” wants to be shot, so they aggressively do what they have to do to get their wish. A suspect may point a firearm at an officer and say, “You are going to die tonight!” and the reasonable officer will stop the perceived threat by shooting until the suspect no longer presents a threat. The discovery later that the gun was not loaded (or was even a toy) can never alter the officer’s perception at the moment the decision was made to shoot the suspect.

Put the Reader in Your Shoes
Officers who use force on a suspect should take the time to paint a vivid picture and put the reader in the officer’s shoes. Articulate your fears of your own impending death or great bodily harm that would lead anyone reading the report to come to the same conclusion as you did. Officers are hesitant to admit that they experienced fear, but this is the appropriate time to admit to the world in writing, “Because of … I was afraid for my life and my partner’s life.”

The book is always better than the movie. Grainy video images of cannot accurately capture the fear an officer in survival mode will experience. The viewer can not feel the painful tearing of cartilage as the officer scrambles to avoid an assault. They can’t see the protruding arteries in the suspect’s neck or smell the rank odor of intoxicants on his breath. The video will not show the spray of saliva into the officer’s face as it is flung out of a suspect’s mouth when he screams, “I’m going to kill you cop!” A vivid, truthful, and realistic description of what is transpiring can tell so much more than the partial digital recording of an incident shot from a bad angle, in poor focus, and in low-light conditions.

The dynamics of a shooting are such that certain specifics may come back to you at a later time. This is a natural phenomenon, so when that happens complete a supplemental report to outline the missing critical details you may recall later.

In the inevitable legal follow-up to these events, you have an advantage over the suspects, the attorney, the defense experts, and the media. You have the truth in your pocket.

Winston Churchill once said, “The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end there it is…” in your report.

About the author

Dan Marcou retired as a highly decorated police lieutenant and SWAT Commander with 33 years of full time law enforcement experience. He is a nationally recognized police trainer in many police disciplines and is a Master Trainer in the State of Wisconsin. He has authored three novels The Calling: The Making of a Veteran Cop , S.W.A.T. Blue Knights in Black Armor, and Nobody’s Heroes are all available at Barnes and Noble and Amazon.com. Visit his website and contact Dan Marcou

Sep 112010
 

The department was all astir, there was a lot of laughing and joking due to all the new officers, myself included, hitting the streets today for the first time.

After months of seemingly endless amounts of classes, paperwork, and lectures we were finally done with the Police Academy and ready to join the ranks of our department.

All you could see were rows of cadets with huge smiles and polished badges. As we sat in the briefing room, we could barely sit still

anxiously awaiting our turn to be introduced and given our beat assignment or, for the lay person, our own portion of the city to “serve and protect.”

It was then that he walked in. A statue of a man – 6 foot 3 and 230 pounds of solid muscle, he had black hair with highlights of gray and steely eyes that make you feel nervous even when he wasn’t looking at you.

He had a reputation for being the biggest and the smartest officer to ever work our fair city. He had been on the department for longer than anyone could remember and those years of service had made him into somewhat of a legend.

The new guys, or “rookies” as he called us, both respected and feared him.

When he spoke even, the most seasoned officers paid attention. It was almost a privilege when one the rookies got to be around when he would tell one of his police stories about the old days.

But we knew our place and never interrupted for fear of being shooed away. He was respected and revered by all who knew him.

After my first year on the department I still had never heard or saw him speak to any of the rookies for any length of time.

When he did speak to them all he would say was, “So, you want to be a policeman do you hero? I’ll tell you what, when you can tell me what they taste like, then you can call yourself a real policeman.”

This particular phrase I had heard dozens of times. Me and my buddies all had bets about “what they taste like” actually referred to.

Some believed it referred to the taste of your own blood after a hard fight. Others thought it referred to the taste of sweat after a long day’s work.

Being on the department for a year, I thought I knew just about everyone and everything. So one afternoon, I mustered up the courage and walked up to him.

When he looked down at me, I said “You know, I think I’ve paid my dues. I’ve been in plenty of fights, made dozens of arrests, and

sweated my butt off just like everyone else. So what does that little saying of yours mean anyway?”

With that, he merely stated, “Well, seeing as how you’ve said and done it all, you tell me what it means, hero.”

When I had no answer, he shook his head and snickered, “rookies,” and walked away.

The next evening was to be the worst one to date. The night started out slow, but as the evening wore on, the calls became more frequent and dangerous.

I made several small arrests and then had a real knock down drag out fight. However, I was able to make the arrest without hurting the

suspect or myself. After that, I was looking forward to just letting the shift wind down and getting home to my wife and daughter.

I had just glanced at my watch and it was 11:55, five more minutes and I would be on my way to the house. I don’t know if it was fatigue or just my imagination, but as I drove down one of the streets on my beat, I thought I saw my daughter standing on someone else’s porch. I looked again but it was not my daughter as I had first thought but merely a small child about her age. She was probably only six or seven years old and dressed in an oversized shirt that hung to her feet. She was clutching an old rag doll in her arms that looked older than me.

I immediately stopped my patrol car to see what she was doing outside her house at such an hour by herself. When I approached, there seemed to be a sigh of relief on her face. I had to laugh to myself, thinking she sees the hero policeman come to save the day.

I knelt at her side and asked what she was doing outside.

She said “My mommy and daddy just had a really big fight and now mommy won’t wake up.”

My mind was reeling. Now what do I do? I instantly called for backup and ran to the nearest window.

As I looked inside I saw a man standing over a lady with his hands covered in blood, her blood.

I kicked open the door, pushed the man aside and checked for a pulse, but unable to find one. I immediately cuffed the man and began doing C.P.R. on the lady.

It was then I heard a small voice from behind me, “Mr Policeman, please make my mommy wake up.” I continued to perform C.P.R. until my backup and medics arrived but they said it was too late. She was dead.

I then looked at the man. He said, “I don’t know what happened. She was yelling at me to stop drinking and go get a job and I had

just had enough. I just shoved her so she would leave me alone and she fell and hit her head.”

As I walked the man out to the car in handcuffs, I again saw that little girl. In the five minutes that has passed, I went from hero to monster.

Not only was I unable to wake up her mommy, but now I was taking daddy away too.

Before I left the scene, I thought I would talk to the little girl. To say what, I don’t know. Maybe just to tell her I was sorry about

her mommy and daddy. But as I approached, she turned away and I knew it was useless and I would probably make it worse.

As I sat in the locker room at the station, I kept replaying the whole thing in my mind. Maybe if I would have been faster or done

something different, just maybe that little girl would still have her mother.

And even though it may sound selfish, I would still be the hero.

It was then that I felt a large hand on my shoulder. I heard that all too familiar question again, “Well, hero, what do they taste like?”

But before I could get mad or shout some sarcastic remark, I realized that all the pent up emotions had flooded the surface and there was a steady stream of tears cascading down my face.

It was at that moment that I realized what the answer to his question was.

Tears.

With that, he began to walk away, but he stopped. “You know, there was nothing you could have done differently,” he said.

“Sometimes you can do everything right and still the outcome is the same. You may not be the hero you once thought you were, but now you ARE a police officer.