Union’s Expect Obama Payback – Seek to End Secret Ballots

Updated Guest Editorial | On Tuesday’s Glenn Beck Show, a discouraging statistic was shown. In 1999, all government spending as a portion of our national GNP was 33%. In 2009, that number stands at 39%.

An astonishing number when you consider that the United States produces over $14 trillion in goods and services annually.  If that number frightens you and raises red flags about the growth of government, then something is on the horizon which will make that number worse. And that is why we need your leadership today.

Big Labor is expecting a pay back from President Obama.  For the hundreds of millions they spent on his election, they expect him to sign an innocent sounding, yet deceptive bill called Employee Free Choice Act – better known as “Card Check.”

Card Check is a cunning device that will make unionizing companies less democratic in the process of union organizing and more prone to intimidation and harassment.  Currently, unions must have at least 30% of the employees sign cards voicing their support for a union.  In the vast majority of cases the employer will then require a secret ballot election to determine if a union will be formed.  If the new “Card Check” federal legislation is passed, unions may contact employees directly, and when they get 51% of the employees to sign a card, the right of the employees to vote by secret ballot is abolished and the workplace is automatically unionized.

Card check will dramatically speed up the unionization of America by harassment and intimidation. As a result, government will grow bigger and mandatory union dues – the main objective to Card Check – will increase Big Labor political donations to Democrats and left wing causes.  In 2008 alone, 91% of all union contributions went to Democrats.  A staggering number when you realize that Big Labor can simply take dues out of union employees’ paychecks. This is one of the biggest power grabs in recent memory.

It is inconceivable to believe government will not grow bigger and more confiscatory with a larger union presence. Government’s 39% total of our GNP will soon grow to the mid-to-high 40s if card check passes. Do we want that? Will that help or impede innovation, freedom and entrepreneurship?

Big Labor and their allies hope to accomplish this power grab by taking away a working man and woman’s right to a secret ballot.  Can you imagine if your elected officials knew how everyone voted in their districts? How many more votes do you think they would receive on Election Day?  The same logic applies to union voting. Without the privacy of the secret ballot, people become more acutely aware of the need of their jobs and their unwillingness to go against the pressure of union leaders. That is why Save Our Secret Ballot (www.sosballot.org) was organized – to protect the right of the secret ballot for all Americans.

Save Our Secret Ballot is doing this by placing on the ballot in 15-20 states a state constitutional amendment (not federal) to protect the right to a secret ballot (for exact language go to www.sosballot.org).  We want voters to know exactly what is at stake and what unions want to accomplish. Holding a public debate is the last thing unions want.  House Speaker Pelosi and Majority Leader Harry Reid are ready to take away your right to a secret ballot and President Obama is ready to sign it. All that stands in its way is you!

Where you and I want public discourse and debate like the famous Lincoln – Douglas debates over 150 years ago, unions want to treat this issue like a Venezuelan policy debate – the less discussion the better.

Unions want to pass this without the American public knowing about it. Like a thief, they want to do this in the darkness of night without the glare of daylight. Unlike a thief who steals material goods which can be replaced, they want to steal freedoms that cannot be replaced.

We need your help today – not tomorrow.  Today, Monday, this freedom protecting legislation will be up for a vote in the Utah House of Representatives.  We have some Republicans still frightened of the unions.  Please help today by getting your family, friends, business associates and YOU to call your Utah State Legislator and State Senator and ask them to vote YES for HJR-8 (Save Our Secret Ballot).

You can call them at the Capitol Hill

Utah State Senate 801-538-1035
Utah House of Representatives 801-538-1029

Without your help and leadership, unions will take away a fundamental freedom. For more information, go to www.sosballot.org and help stop this power grab today!

Chuck Warren is a partner at Silver Bullet, LLC (www.silverbulletllc.org).

Was Ayn Rand Right, 52 Years Ago?

By Stephen Moore (Wall Street Journal) | Some years ago when I worked at the libertarian Cato Institute, we used to label any new hire who had not yet read “Atlas Shrugged” a “virgin.” Being conversant in Ayn Rand’s classic novel about the economic carnage caused by big government run amok was practically a job requirement. If only “Atlas” were required reading for every member of Congress and political appointee in the Obama administration. I’m confident that we’d get out of the current financial mess a lot faster.

Many of us who know Rand’s work have noticed that with each passing week, and with each successive bailout plan and economic-stimulus scheme out of Washington, our current politicians are committing the very acts of economic lunacy that “Atlas Shrugged” parodied in 1957, when this 1,000-page novel was first published and became an instant hit.

Rand, who had come to America from Soviet Russia with striking insights into totalitarianism and the destructiveness of socialism, was already a celebrity <<<Read the Full Story>>>

Communists: US Crisis will help us regain power

REUTERS INDIA | MOSCOW (Reuters) – Russia’s Communists expect the global financial crisis will cause social unrest and help them challenge for power, the party’s leader said on Saturday.

Gennady Zyuganov told the party’s annual congress the Communists should make maximum use of the growing public discontent caused by the economic downturn to try to restore their political strength.

“The wind of history is blowing in our sails again … At this time of crisis the world of imperialism is starting to die. We are standing on the threshold of political and social shifts,” Zyuganov said in a 2-hour speech opening the congress.

Russia’s Communists ruled the Soviet Union for eight decades and remained a major opposition force for several years after the collapse of the Soviet Union at the end of 1991.

But the party has since lost much of its authority and many analysts say it is too weak to seriously challenge for power.

The Russian authorities are trying to minimise the impact of the financial crisis by promising billions of dollars of state aid. Prime Minister Vladimir Putin has pledged higher social payments to the needy and lower taxes for business.

“The authorities are clearly not coping with managing the country … A mass social protest is brewing and it is hard to predict now when and in what shape it will explode,” Zyuganov said.>>>>Read the Full Article

Hillary’s Credentials, Obama Hipocracy?

By Matthew Coper – CNSNews.com | (CNSNews.com) – President-elect Barack Obama designated Sen. Hillary Clinton (D-N.Y.) to be his next secretary of state Monday, despite having spent much of the previous two years questioning her foreign-policy credentials.

During the campaign for the Democratic nomination, Obama mocked Clinton’s primary claim that she possessed the necessary foreign policy experience to be president.

“What exactly is this foreign policy expertise?” Obama said to reporters in March, while flying from a campaign event in Texas. “Was she negotiating treaties? Was she handling crises? The answer is no.”

In spite of these doubts, Obama praised Clinton’s credentials Monday, saying she would be able to advance America’s interests due to her knowledge of world affairs and familiarity with world leaders.

“She is an American of tremendous stature who will have my complete confidence, who knows many of the world’s leaders, who will command respect in every capital, and who will clearly have the ability to advance our interests around the world,” he said.

Obama said that his new foreign policy team, which will be led by Clinton, would change America’s foreign policy for the better.

“I am confident that this is the team that we need to make a new beginning for American national security,” he told reporters at the announcement.

However, Obama had expressed exactly the opposite view of Clinton during the primary campaign.

“It’s what’s wrong with politics today. Hillary Clinton will say anything to get elected,” Obama said in a January radio ad. “Hillary Clinton. She’ll say anything and change nothing.”

Obama also said Monday that he>>>>Read the Full Article

President Obama! Now What?

By Fouad Ajami (Wall Street Journal-Opinion Page)

The morning after the election, the disappointment will begin to settle upon the Obama crowd. Defeat — by now unthinkable to the devotees — will bring heartbreak. Victory will steadily deliver the sobering verdict that our troubles won’t be solved by a leader’s magic.

There is something odd — and dare I say novel — in American politics about the crowds that have been greeting Barack Obama on his campaign trail. Hitherto, crowds have not been a prominent feature of American politics. We associate them with the temper of Third World societies. We think of places like Argentina and Egypt and Iran, of multitudes brought together by their zeal for a Peron or a Nasser or a Khomeini. In these kinds of societies, the crowd comes forth to affirm its faith in a redeemer: a man who would set the world right.

Martin Kozlowski

As the late Nobel laureate Elias Canetti observes in his great book, “Crowds and Power” (first published in 1960), the crowd is based on an illusion of equality: Its quest is for that moment when “distinctions are thrown off and all become equal. It is for the sake of this blessed moment, when no one is greater or better than another, that people become a crowd.” These crowds, in the tens of thousands, who have been turning out for the Democratic standard-bearer in St. Louis and Denver and Portland, are a measure of American distress.

On the face of it, there is nothing overwhelmingly stirring about Sen. Obama. There is a cerebral quality to him, and an air of detachment. He has eloquence, but within bounds. After nearly two years on the trail, the audience can pretty much anticipate and recite his lines. The political genius of the man is that he is a blank slate. The devotees can project onto him what they wish. The coalition that has propelled his quest — African-Americans and affluent white liberals — has no economic coherence. But for the moment, there is the illusion of a common undertaking — Canetti’s feeling of equality within the crowd. The day after, the crowd will of course discover its own fissures. The affluent will have to pay for the programs promised the poor. The redistribution agenda that runs through Mr. Obama’s vision is anathema to the Silicon Valley entrepreneurs and the hedge-fund managers now smitten with him. Their ethos is one of competition and the justice of the rewards that come with risk and effort. All this is shelved, as the devotees sustain the candidacy of a man whose public career has been a steady advocacy of reining in the market and organizing those who believe in entitlement and redistribution.

A creature of universities and churches and nonprofit institutions, the Illinois senator, with the blessing and acquiescence of his upscale supporters, has glided past these hard distinctions. On the face of it, it must be surmised that his affluent devotees are ready to foot the bill for the new order, or are convinced that after victory the old ways will endure, and that Mr. Obama will govern from the center. Ambiguity has been a powerful weapon of this gifted candidate: He has been different things to different people, and he was under no obligation to tell this coalition of a thousand discontents, and a thousand visions, the details of his political programs: redistribution for the poor, post racial absolution and “modernity” for the upper end of the scale.

It was no accident that the white working class was >>>> Read the Full Article

Obama Addresses Voter Who Called Him “Socialist”

By Maria Gavrilovic – Fayetteville, N.C. (CBS) | John McCain’s charges that Barack Obama is socialist may be resonating with some voters.

At a BBQ stop this afternoon, Obama received an unwelcome greeting from one woman who yelled “socialist, socialist, socialist – get out of here!” as he met with other customers.

The woman, Diane Fanning, who works at Sam’s Club, then asked the Democratic nominee about the North American Union, which he opposes.

“I know some people have been hearing rumors about it. But as far as I can tell that’s just not something that’s happening. We would never give up our sovereignty in that way. Any other questions?” Obama asked Fanning.

She reluctantly responded, “No, I’m not going to say it.”

At a rally after the stop, Obama brought up McCain’s accusations that his tax plan is a form of socialism and dismissed it as a political attack.

“He has been attacking the heck out of me,” Obama said, “Lately, he and Governor Palin actually accused me of socialism. Socialism. It’s kind of hard to figure how Warren Buffet endorsed me, Colin Powell endorsed me and John McCain thinks I’m practicing socialism.”

He accused McCain of wanting to cut taxes for Fortune 500 CEOs, “who’ve been making out like bandits, adding, “John McCain thinks>>>>Read the Full Article

Rogue Agency Arrests Utah Mom

Imagine you’re Annie Bradley, a married stay-at-home mother of eight. Two weeks before your 43rd birthday, its 9:00 pm and you’re sitting down with your husband and two house guests discussing a very difficult topic—the sale of your home.  Uncharacteristically, your seventeen year-old daughter interrupts the discussion with a stunned look on her face, informing you that police and federal agents are surrounding your house.  An armed Sheriff’s deputy has followed closely behind her and now stands before you asking, “Are you Anna L. Bradley?”

The scene in the Bradley’s neighborhood Tuesday was much like something you might expect to see on the big screen, or read about in one of those hard to believe mystery novels.  But for Annie, her husband Randy and their eight children, it was a very real nightmare.

“I begged them not to take her,” explains her husband.  He couldn’t understand why law enforcement was at his house in the middle of the night, demanding $10,000 cash for bail, or they were going to be taking his wife.  At 9 o’ clock in the evening, when banks and businesses are closed, it’s close to impossible for an average family to come up with that kind of cash.

So, at approximately 9:41 pm, after local agents from the Utah County Sheriff’s office, accompanied by at least two federal agents, had surreptitiously surrounded the family’s home and afterwards made quite a scene for the neighborhood, law enforcement agents placed Annie Bradley under arrest, handcuffed her, and led her the long way across the front lawn, in front of inquiring neighbors, stunned house guests, her confused and bewildered husband, and perhaps most difficult, in front of her sobbing children.

When asked why they were doing this in the middle of the night, with so little opportunity for the Bradleys to even reach an attorney, one member of the Utah County Sheriff’s department replied, “Well, we don’t usually deal with nice folks like you.”  Annie was booked into jail and held on $10,000 bail.

Annie Bradley's Arrest Photograph

While the image of her arrest might seem dramatic, the facts surrounding her arrest are even more bizarre. Annie Bradley wasn’t arrested, as it turns out, because she’s suspected of committing some violent crime.  The barrage of law enforcement officers didn’t surround her house to execute an arrest warrant because she’s suspected of some kind of drug involvement or some other dangerous crime.  Annie Bradley was arrested because she and her husband have been caught up in a political battle related to the Utah Department of Commerce.

In February of this year that Utah Division of Securities Director Wayne Klein resigned under a cloud of suspicion for corruption and mismanagement.  Randy and Annie Bradley were one of the cases originally overseen by Klein.  Earlier this summer, on July 3rd, an independent audit of the Division was delivered to the State Legislature citing widespread abuses, mismanagement, miscarriages of justice and a government agency rife with internal conflict, lack of leadership and suffering serious internal divisions.

But what does this have to do with Annie Bradley?

Well, let’s start with the basics.  A lifelong resident of Utah County, the last year and a half has been an exceptionally difficult time financially for Annie her family.   In a situation becoming all too common in America today, with the mortgage market in shambles, and the credit industry in upheaval, Annie and her family are in the middle of an unplanned move.  The guests in her home Tuesday night when she was arrested, were negotiating the purchase of several pieces of furniture to be sold along with their house.

The previous success of her husband’s small business Race Holdings, LLC—which had enabled the family to move from Springville just a year and a half ago into their dream home on the west side of Mapleton—has become a thing of the past.  With no business income to speak of for most of the past year, the family has been living on food storage, modest financial reserves, and the hard work of the entire family to bring in whatever they can.  Randy has recently taken a job working over six hours away from his family, in Montana.

The Bradleys however, are no strangers to hard work or sticking together.  Generations of both sides of the family have made a living at hard work in Utah, with no troubles or run ins with the law and no questions about their integrity or reputation.  What they are unable to comprehend however is in the midst of these difficult circumstances, why was Annie Bradley arrested, handcuffed and taken from her family in the middle of the night.

The entire Bradley Family

What would cause the Utah County Sheriff’s office, in conjunction with Federal Agents, to surround the family’s home as if they were conducting some kind of undercover sting operation?  Why would law enforcement arrest a stay-at-home mother in the middle of the night when it’s almost impossible for the family or friends to reach an attorney or to get access to cash for bail?

The charges made against Mrs. Bradley, according to the affidavits and other documents provided by the Utah Division of Securities allege that Annie was involved in committing securities fraud against her neighbor.  The Bradleys dispute the charges. Annie Bradley never worked for her husband’s business and was never an employee or manager of the company.

The neighbor, Mrs. Wendy Hendry, who owns and manages her own real estate related investment company loaned $30,000 to Race Holdings, LLC in June of 2007.  The loan from Mrs. Hendry’s company to Mr. Bradley’s company, was a high interest loan charging 36% annual interest.  According to banking records the entire loan plus interest and fees was repaid in full by Race Holdings in November of 2007.  No subsequent business was transacted between the parties.  Annie Bradley had nothing to do with it.

So what were the grounds upon which to make such a dramatic arrest of Mrs. Bradley? Apparently, Annie was arrested as part of a legal strategy related to another case being investigated by Securities Division Enforcement Director Michael Hines under the direction of his superior Ms. Francine Giani the Executive Director of the Utah Department of Commerce.  Their plan was evidently to increase pressure on Annie’s husband, Annie’s friends and some of her husband’s former business associates related to another case.

Substantiating the chain of events is a reputable and prominent Utah County securities attorney who has represented clients and worked directly with the Utah Division of Securities for more than a decade.  FCD has obtained multiple audio recordings substantiating the shocking reality behind Mrs. Bradley’s arrest, but has been asked not to reveal the identity of this attorney for fear of reprisal and other consequences from the Utah Government.

Apparently Mr. Hines believed that Randy would do “just about anything” to keep his wife out of jail.  In the recordings obtained by FCD it is revealed that Mr. Hines’ intention was a strategic decision to implicate Mrs. Bradley regardless of her actual involvement in any suspected wrongdoing, in order to bring pressure on her husband to “turn State’s evidence.”

Hines reportedly explained,

We have to put maximum pressure on people…and if Mr. Bradley can’t provide me information that would help me then we are going to charge them both   The information that would help is for Randy to say contrary to that whole affidavit basically, to say he received misrepresentations.

Annie and her Husband Randy Bradley

In the same conversation Annie and Randy were told that if Randy wasn’t able to provide the information he was looking for, Hines intended to follow through with his threat to put Annie in jail.  At one point in the conversation Mr. Bradley can be heard asking,

“What if there isn’t any information?… I would have to commit perjury to say that.”

The formal audit released to the public after several complaints about these kinds of abuses, explains that obtaining cooperation or even false confessions under the threat of jail time is a “Division Tactic” where investigators attempt “to coerce cooperation by intimidating and threatening that the person would be arrested.”

At one point in the recordings it is revealed that in an earlier conversation with Hines, prior to her company even being repaid, Mrs. Hendry was uncomfortable with Mr. Hines agenda, insisting;

“We don’t care about the money.  Let’s just rip up the promissory note.”

Even though Annie was not involved, even though her neighbor apparently did not want to complain against the Bradleys, and even though Race Holdings, LLC did in fact repay the full amount of the loan in question as per the written agreement, Michael Hines had another objective and it required that the case proceed against Annie.

According to Hines, he could charge Annie with a crime based solely on one conversation she had with her neighbor in church one Sunday.  Evidently, during a short stretch of time in mid-2007 when her husband’s business had fallen behind on monthly payments Mrs. Hendry approached Annie looking for re-assurance that the debt would be paid. In defense of her husband, Annie reportedly replied, “My husband is an honest man, and he will repay this debt no matter what.”

Annie Bradley, targeted by Michael Hines

That statement, innocently made by a spouse, in a Sunday church meeting, according to Hines, “constitutes an inappropriate statement or omission of material facts, and therefore constitutes fraud.”

The Bradleys are confused as to how Annie’s statement could be considered fraudulent, especially since her husband later did exactly as she had suggested, ensuring that his business repaid the very high interest loan, plus all interest and fees, as agreed.  The Hendrys profited, according to FCD calculations, in excess of $10,000 in six months and received a full recovery of principal prior to the note’s maturity.

Answering the question of how such a situation could be construed as fraud, Utah Securities regulator A. Gary Bowen provided a rather lengthy but insightful explanation.  He explains:

“People do not understand the nuance of securities regulation.  Most attorneys do not…we can go after these people and we have been just overwhelmed by the filings, you get into my office I’ve got them practically stacked up to the ceiling and I’m not making this up and I’ve got them stacked all over the floor so we’re pursuing them…

“I’m going to recommend you look at section 61-1-1 which is entitled ‘Fraud Unlawful’ and you’re going to discover a definition of fraud that your average attorney is going to be totally clueless about…the nuance that the average attorney doesn’t get, whose competent in real estate, competent in corporate or business law, competent in contract law, is the mere omission of a material fact… do you know what the implication of fraud is, criminal prosecution, time in jail!”

Mr. Bowen who according to his own representations has been charged with advising Utah citizens and business owners about how to avoid breaking the law for more than ten years, later admits that its impossible to pin down what might be construed as “fraud” if the government wants to press charges.  He continues,

“If you look at our definitions section, I’ve been working for this for years and read it a number of times but it really sunk into me here this summer when I was reading it and talking to someone like you, you go in and read the definition actually under 61-1-13 of fraud, and its one of those things that you say, well, what does that mean? The answer is, I don’t know.”

With a definition like this, its no wonder that Utah has become known by some as the “fraud capitals” of the West.  Mr. Bowen’s advise boils down to a simple axiom.  If the government thinks it is fraud, its fraud.

Even experienced attorneys, according to Mr. Bowen, can’t understand what the enlightened public servants in the Department of Commerce might allege.  Or, in short, all Utahans should be very careful when discussing their spouse’s integrity in church on Sunday.

As 2008 rolled around, the Bradleys lived with the daily uncertainty and fear of being charged with fraud as a result of Mr. Hines strategy.  It didn’t seem to matter that both parties agreed the loan had been satisfied and that Annie Bradley had nothing to do with it, other than being married to the business owner.

At one point Randy reveals that the stress became unbearable.

“I came close to considering saying whatever Mr. Hines wanted me to say if it meant it would keep my wife out of jail.  I decided against it, but I couldn’t trust Hines anyway if he was willing to build another case based upon a lie.”

Resigned. Former Director Wayne Klein

But this past February things started to look brighter from the Bradley’s perspective, when Utah Securities Director Wayne Klein was forced to resign because of scrutiny being placed on the Securities Division for its alleged abuses.  The Bradleys along with many small business owners in Utah hoped a new Director would be more just in his oversight of the Division and more effective at reigning in employees like Hines.

Lying, by “any person” during a proceeding under Sate Securities Laws is a 3rd degree felony.  While Randy decided against going along with the enticements of Hines, Audit Manager Tim Osterstock’s performance audit of the Division clearly documents that the Division had been engaging in deceptive practices, evidently believing that government employees are exempt from the requirements of the law.

“The division has, at times, violated the terms of its settlement agreements.  In one case, the division agreed to not publicize the action or commence further administrative actions and then violated both terms of the agreement.  The person accused told us he felt compelled to plead guilty to a lesser criminal charge rather than place his business in jeopardy defending a greater charge.  The division agreed to not seek additional charges but nevertheless pursued an administrative action.  The respondent then signed the settlement agreement after the division agreed to not publicize it.  However, the day the settlement was signed, the division publicized the information on its web page and also published the information in its newsletter the following month.”

The audit also revealed that the Division made false allegations against innocent businessmen as part of its coercive tactics, obtained false confessions and false settlements by threatening citizens with arrest and jail time, and that the State of Utah had been violating its own legal settlements with impunity while Department employees escaped criminal investigation for such activity that clearly violates State law.

With this information now public, the Bradleys anxiously waited for the government to take action to reform the Department.  They also continued to correspond regularly through their attorney with the Division of Securities and specifically with Securities Division attorney Scott Davis who works for the Utah Attorney General’s office.

Mr. Davis corresponded multiple times with the Bradleys about resolving the civil concerns raised by the Division, but never informed the Bradleys that they were in eminent danger of being arrested or criminally charged.  Things seemed to be looking better for the Bradleys, and they were hopeful they could soon put this troubling ordeal behind them.

Then, out of the blue, new rumors began circulating of the Bradley’s pending arrest.  The rumors came from the most unusual of places.  For some unexplainable reason in early August of this year, Mr. Hines called Ron Hendry and explained that the Bradleys were being charged criminally and would soon be arrested.

“I didn’t know what to make of it,” said Randy about the phone call from Hines to Hendry.  Mr. Hendry subsequently began sharing the information with other Bradley neighbors including their religious leaders.

Although the Hendrys had profited handsomely from their transaction with Race Holdings, Mr. Hines, in very questionable legal territory, evidently had some reason for giving them a “heads up.” As it turns out, Hines had told the Hendreys that they were witnesses, as victims, in the now criminal case against both Randy and Annie.

Hines, according to Ron Hendry, had been in contact with them seven our eight times throughout the months of June and July.  During this same time, the Bradleys unsuspectingly continued to hope things were getting closer to being resolved.

When Randy received a surprise phone call from his local Bishop asking about his pending arrest, he wasn’t sure if Ron Hendry was just spreading gossip, or if the strange collaboration between he and Hines were actually fact.  So, through their attorney the Bradleys went straight to the government.  They contacted Scott Davis of the Utah Attorney General’s office.  Randy explains,

“I thought we were working things out.  Through our attorney we were in regular communication with the State.  They are the ones who postponed our last meeting.  Through our attorney we contacted the Attorney General’s office and Scott Davis, the man we were told was the attorney for the Division and he acted surprised and claimed he knew nothing about any criminal charges.  He acted completely embarrassed and didn’t seem to know what Michael Hines was up to.”

Huntsman Appointee, Executive Director of the Utah Department of Commerce, Francine Giani

Seeking to defend herself and her Department, once the audit was released, Francine Giani publicly insisted that her Department had taken all necessary corrective action.   However, one of the major indictments in the audit was that Giani’s staff was repeatedly in violation of Utah State law related to how the State’s lawyers from the Attorney General’s office were being ignored as the Division pursued its own agenda.  The audit reads in part,

“[S]taff from the AG’s office are assigned to represent the  division.  Securities law states “The attorney general shall advise and represent the division and its staff in all matters, administrative or judicial, requiring legal counsel or services in the exercise or defense of the division’s power or the performance of its duties” (Utah Code 61-1-21.5).  There have been conflicts with both how the former director utilized the attorneys representing the division and the level of authority the attorneys should have in defining division activities.  In some cases, it appears the former director assumed the role of the attorney.”

Despite the Attorney General’s office claiming that they knew nothing about criminal charges or arrest warrants, to the shock of Annie, Randy, and their attorney, such warrants were indeed issued.  Randy was arrested on August 29, 2008.

After Randy’s arrest he worried that his wife would be next.  Through their Attorney, the Bradleys made an agreement with prosecutors that with Randy voluntarily returning from his job in Montana, surrendering to the Utah County Sheriff’s office, and providing the required $10,000 bail, the warrant for Annie’s arrest would be withdrawn.  A few short days later however, local and federal agents were surrounding the Bradley’s home and in almost no time, Annie was in jail.

“I told them that we had already taken care of things,” says Randy.

“I begged them not to take her.  I explained that the prosecutor had agreed to release the warrant for Annie’s arrest since I cooperated and posted $10,000 bail.  The Deputy told me that he believed me, but since I had nothing to prove it, there was nothing he could do.  I wasn’t angry at the Sheriff’s office, they were professional and doing what they were supposed to do.  But, who is going to stop Michael Hines from ruining people’s lives while he does whatever he wants?  That is what makes me so angry.  He doesn’t care about my wife, my kids, or our family.”

Annie and Her Two Daughters

So, how and why was Annie arrested so dramatically this past Tuesday night, even after the prosecutors had agreed to release the warrent for her arrest? Why didn’t the government follow the usual procedure when dealing with reputable citizens, not charged with violent crime, having no past criminal history, and just deliver a “Summons to Appear?”  Evidently, that wouldn’t work for Mr. Hines strategy.

Annie Bradley was arrested because Randy and Annie had the courage to resist Mr. Hines for almost a year.  That, evidently, is just not acceptable to the State of Utah, Department of Commerce.

It’s not just the Bradleys who have had to make this tough choice.  The pattern of unjust enforcement by the Division of Securities is revealed unmistakingly in the formal audit results, but Ms. Giani and her boss Utah Governor Jon Huntsman Jr., have neglected to address the gravity of the situation.  Certainly, Ms. Giani and the new Securities Director Keith Woodwell have failed to reign in Hines and others engaged in the abusive practices.

The actual truth related to Annie Bradley’s arrest might have never come to light except that a number of individuals, attorneys, businessmen and even Department of Commerce employees have grown weary of this unchecked abuse and have begun using audio recording’s to try and help document this behavior.

The recordings obtained by FCD are a collection from multiple sources, and cover a multitude of cases. These recordings, and hopefully others yet to be provided to FCD by interested citizens, are beginning to serve as a powerful tool to provide critical insight and political leverage to address this rogue government agency reeling from criticisms, rife with internal conflict and desperate to cover-up its own current and past misdeeds.

Nevertheless, some bureaucrats can’t seem to understand how persecuting small businessmen in Utah (and their wives) is the same as persecuting normal families.  Some government officials can’t seem to understand how unjust it is to have a government agency justify their supposed administration of justice with lies, cover-ups, excessive force, coercion and deceit.

Annie Bradley’s arrest is one more revelation in a series of events alerting Utahan’s to the very real consequences of a corrupt government agency, the conduct of malicious bureaucrats and an incompetent government appointee—Francine Giani—who seems more worried about the appearance of “protecting investors” than she is about following Utah’s laws and protecting all Utah citizen’s civil rights.

The Bradleys have now had to come up with $20,000 cash bail so that they could continue remain free to take care of their family while continuing their fight against a corrupt government investigation.  This amount pales in comparison to the mounting legal costs they’re incurring in a legal circus that could last many more months if not years.

But, instead of heaping added difficulty on their heads, the State of Utah should be issuing the Bradleys a sincere apology as part of its first step to clean up the seriously damaged reputation of the Utah Government.  We should all be grateful for families like the Bradley’s that stand up to corruption, that work constantly to provide a good life for their children, that conduct an honest business, and do all they can–even if they’re late on payments—to always pay their personal and business debts as agreed.

“This has probably been the most difficult emotional thing that has ever happened in our lives, but we’re going make it through,” says Randy, soberly.  “Annie has said that if this is what it takes so that someone will finally put a stop to people like Michael Hines, its okay, I’m okay with it.”

In the face of America’s current economic difficulties it seems like the Executive Branch of Utah’s government has somehow forgotten the virtue of families like the Bradleys and the responsibility to protect all Utah citizens equally.  It is, after all, small businessmen and women, along with their families, who regularly take risks and assume responsibilities that creates more jobs, deliver more services, and add more value to our community than any government appointee and her bureaucrats.

Despite Mrs. Giani’s public assurances, there is an obvious problem in the Utah Department of Commerce.  Evidently this problem extends all the way to the head of the Executive Branch into the office of Governor Jon Huntsman.

Despite calls by numerous state legislators for the removal of Ms. Giani and several of her remaining staff; and despite the multitude of problems revealed in the recent performance audit of her Department; and finally despite even the personal appeals made directly to him from Utah’s own Attorney General for her firing, Governor Jon Huntsman (who is the only elective oversight provided by State law over Francine Giani) seems to share the philosophy of Giani and Hines, namely, that innocent people being wrongly accused is simply a price Utahans should get used to paying if they expect the government to do its job.

That’s an interesting theory of government.  No matter how nice, pleasant or polite Governor Jon Huntsman, Jr. comes across — there is no mistaking that he was not elected to simply look good in office.  Hard decisions sometimes have to be made, and in this case, when dealing with the Department of Commerce, the direct action that needs to be taken just isn’t that hard to discern.

Tyranny, at any level, only works for so long.  What is happening in the Utah Department of Commerce is wickedness; there is no way to skirt around the issue.  A full audit of all divisions within her stewardship will reveal even more succinctly that it is time for leadership in the Governor’s office, in the legislature, and in the judiciary in dealing with abuses like the Giani’s absurd, forceful, and dramatic arrest of Annie Bradley.

This problem will come to a head and the unjust, and in some cases criminal, activity of government bureaucrats along with the startling incompetence of executive management in the Department of Commerce will ultimately cost some politicians and employees their jobs.  Someone with courage will ultimately step forward to address and correct the very serious problems.

In the mean time however, the dirty politics and renegade operations of the Utah Department of Commerce will ensure that more Utah families like the Bradleys will be trying to explain to their small children why mommy or daddy was dragged away in handcuffs, in the middle of the night.

It just doesn’t seem like America.

The Bradleys

Conflicting Energy Bills Reveals Consequences of Regulation

HIGHLAND, UT | 12 May 2008 | Effects of improper use of governmental powers last for many decades. The current energy crisis is a good example of that. Associated Press writer, H. Josef Herbert, reports that Congress is considering two bills this month in an effort alleviate soaring gas prices. He warns, however, “don’t wait for anything that will drive down prices at the pump.” The rest of his news report reveals that government control (force) has stopped energy progress virtually dead in its tracks, and that any further government action will stifle progress even more.

Key Points

• Republican solutions are said to be too little too late and more geared for the long term, thus not able to help the current gas prices.  
• One solution to the most recent so-called oil crisis, is the proposal to drill in the Alaskan National Wildlife Reserve (ANWR), an issued hotly debated for nearly 30 years. Critics say any drilling in the region would not increase production for another 10 years.
• Congress passed a bill in 1995 to allow this drilling but it was vetoed by President Bill Clinton. Had it not been disallowed at that time, perhaps our current oil supply would enjoy a surplus which would result in corresponding lower prices. Since that was vetoed 13 years ago, it put our nation behind by another decade. Regulation in this respect has been a detriment to our economy.
• The Democrat bill is replete with further sanctions and regulations that would stifle progress even further. They wish to confiscate profits from oil companies because they are excessive. They also propose new laws against price gouging and market speculation. Experts, as reported in Herbert’s report, say this would “do more harm than good.”
• The reason being, any time government gets involved with regulating markets, it slows them down and discourages exchange.

Conclusion

Collective action is generally very short sighted. The current energy crisis is the result of many years of regulation and ignoring America’s lack of self-reliance. Had government acted with more prudence in earlier decades, we may have been looking at surpluses now that allow for better market conditions for all involved. As it turns out, the condition is one in which producers of energy find little incentive to meet the demands of the growing market. In many respects Congress treats the American people like helpless little children who are unable to make decisions between rational options. Gas prices are not “unconscionably excessive” as the story reports the Democrats’ perspective. The market (the people involved) have the ability to decide that on their own. If the price is too high, demanders will refuse to exchange at that price. If the price is too low, suppliers will refuse to sell their goods. Both of these pressures in the market tend to drive the price of any good toward the equilibrium. Currently fuels and other energies are in high demand. The suppliers of those energies have every right to push the price until they discover the price equilibrium. But when the market gets involved, it distorts the market. The result of such is a disadvantage for everyone involved.

The current crisis will take many years to be truly overcome. The nation has waited far too long for a solution on this matter. Only when the rulers of force divorce themselves from the regulations of these types of industries will we see improvement.

Action Steps

1. Quit looking to government to solve your problems. 
2. Recognize that the individual has agency and therefore an abundance of solutions. As an individual, explore your own solutions, especially if the price of gasoline seems “unconscionably excessive” right now.
3.  Discuss with your friends, when the topic arises, the basic concepts of supply/demand economics, and that a lower demand for fuel would result in lower prices.
4. Communicate with your Congressman, your desire to have the force of government out of the oil sector by relaxing regulations on harvesting and production of oil products.

MRFC Principles  (3, 4, 7, 9, 11, 12)

Resources

H. Josef Herbert (AP) “Congress divided on energy plan” Yahoo! News, May 12, 2008.

Royal Deregulated Mail: Is England too Afraid to Let Go?

HIGHLAND, UT | 8 May 2008| Government-supported monopolies don’t let go. They develop a certain addiction to the paternal support they receive. England is learning this first-hand with their state-run Royal Mail that was deregulated in 2006 and is now on the verge of collapse. In a Guardian story dated May 6, 2008, Terry Macallister reports the following.

“There is now a substantial threat to Royal Mail’s financial stability and, therefore, the universal service. We have come to the conclusion, based on evidence submitted so far, that the status quo is not tenable. It will not deliver our shared vision for the postal sector…”

Mcallister is quoting an “interim review produced for business secretary John Hutton.” The story does not present any solutions, either from the interim report or from the reporter. However, the general slant to the story indicated that going back to pre-2006 operations was desired. This is a typical response from those coming off the doll and trying to make ends meet on their own.

 Key Points

• Government assistance always dulls the senses to quality, whether in an individual on welfare or companies on “corporate welfare” or government-run companies. Benjamin Franklin declared: “Compassion which smothers the instinct to strive and excel is counter-productive” (Skousen, p. 219).
• Government-run companies can charge much less than other entities because they receive tax assistance from the government. This distorts the adherence to Principle 9: Profit is the tool of validation.
• When an industry is deregulated, like England’s Royal Mail, it often goes through withdrawals because it is instantly forced to rely upon Principle 9, but doesn’t know how to.
• When a company goes through these withdrawals, the solution is never to go back on the doll, but rather to keep pushing forward with unregulated business. This may cause the failure of the originally government supported company. But if the industry is one in demand, others will rise to take its place. Sometimes it is an industry that has very little demand, such as America’s mass transportation systems. These entities run on the public doll almost exclusively. They charge such low fares that they cannot cover costs. Plus, the majority of the population does not use mass transportation because of the tradition with the automobile, it is much more flexible for the driver’s schedule and represents a degree of freedom that America is not willing to relinquish. If American mass transportation were to be deregulated, low demand would cause the extinction of the industry. This is as it should be. The efficiency of the market dictates that if demand is too low, supply will disappear as those who would supply the good or service would move on to more profitable endeavors.
• As in business, so in individual life. Families that have been on welfare tend to stay on welfare for many generations. When individuals begin to recognize the principles that lead to true prosperity and attempt to follow those principles, they can often feel the same fear as England is feeling with their beloved Royal Mail. The desire is to go back to that sense of security under the government’s ample arm.
• The question is really one of fear vs. faith. Those who have faith in themselves and in the economy of mankind will separate their enterprises from government control and assistance. Those who allow fear to dominate their minds, will return to the good ol’ days. In the case of the Royal mail, it’s when the government took care of the mail for them.

Conclusion

Government subsidies in any form are addictive to the recipient. This is a world-wide problem, both for individuals and for businesses. Only when people decide to be responsible for their lives and the direction of their prosperity will they begin to overcome this addiction. The Royal Mail is faced with this challenge right now. Whether England grows in freedom or returns to its former less free days will depend upon the fear/faith factor of their national psyche. Here in America, we are faced with similar challenges from many industries. Our degree of freedom is likewise impacted by whether the government will withdraw itself from business.

Action Steps

1. Establish your own fear/faith level. Resolve to operate your affairs based on faith rather than fear.
2. If you are on any sort of government assistance, explore solutions that enable you to leave that behind. Start with a question reminiscent of Kiyosaki’s Rich Dad’s advice: don’t say, “I can’t afford it;” say, “How can I afford it?”
3. When things get scary, recommit yourself to a life of self-reliance and faith.
4. Associate with FreeCapitalists and learn self-reliance with and from them.

MRFC Principles: (2, 4, 9, 12)

Resources

Terry Mcallister, “Post competition ‘of no significant benefit’ to consumers or small firms” The Guardian, May 6, 2008.

W. Cleon Skousen, The Making of America, NCCS, 1985.

Robert Kiyosaki, Rich Dad, Poor Dad, Warner Business Books, 1997.

Superheroes? Carl Wimmer and Friends

UTAH COUNTY, UT | 4 April 2008 | The Salt Lake Tribune’s least credible columnist, Paul Rolly, has recently demonstrated how scared and inept the democratic party loyalists are when conservatives get organized in Utah. Absent any credible criticism of Carl Wimmer (R – Herriman), Ken Sumsion (R-American Fork), Chris Herrod (R-Provo), Keith Grover (R-Provo) and Steve Sandstrom (R-Orem) Rolly decided to make a political argument by sarcastic metaphor, but like most liberals – he doesn’t quite come to grips with the power of action over rhetoric.

For example, Rolly whimsically claims that the GOP is out to “rescue its superheroes” because of a flier recently distributed for an event designed to support the “Fab Five” state legislators. Funny thing is that Rolly has no argument to back up why a normal, organized fund-raising & event is a rescue attempt. Perhaps it’s a victory rally? Of course, Rolly doesn’t see it that way, because like many in his camp he’s still too busy gloating over the Utah vouchers issue to see much of anything. In fact, Rolly’s only substantive remark in his entire essay is that “All five dutifully followed leadership’s admonition to vote for vouchers…”

The facts are however, as they say, stubborn things. They are especially difficult for Attila like bullies who call it a job to poke rhetorical fun at good men who serve their community.

Fact #1 – Vouchers.

Rolly argues that the GOP leadership is supporting these five legislators because they “dutifully” followed orders this past session. Funny thing is that three of the five campaigned in support of vouchers long before receiving any orders from anyone. Sometimes Democrats forget that to hold office you don’t actually have to wait for a leader to call you up and tell you your position.

Fact #2 – Stand-Out Legislation

Rolly glosses over all of the legislative details with a blanket accusation that none of these five elected representatives had any “stand-out legislation.” The first error in Mr. Rolly’s argument is t o think that Utahans, especially Republicans, send freshman legislatures into office solely for the purpose of writing new laws.

I think it is a serious surprise to most liberals to actually try and imagine a government whose effectiveness isn’t measured in the number of new laws passed. Additionally, Rolly ignores records like Wimmer’s where fully half of his “introduced bills” were proposed amendments to existing laws, on such important subjects such as child abuse, environmental crimes, toughening prosecution on those who hurt children, etc. Other legislation sponsored by this freshman group included immigration reform, the rights of adopted children, and the reform of certain outdated criminal codes. Of course, this isn’t “stand-out” to Rolly because it left out global warming.

It is quite obvious that Rolly doesn’t count on educated Utahans to simply hop on the Internet and take 15 minutes to view the actual records of these freshman legislator’s – which records speak for themselves (with or without the support of leadership).

Fact #3 – Republican Challengers

It is true that four of the five candidates mentioned are being challenged by members of their own party, however it is far too early to tell how serious the challenges are. The state and county conventions will play their role, and the newly elected delegates will get to decide if any of the challenges are serious enough to merit a primary election. The irony is that Rolly lumps Wimmer into the same analysis (Wimmer is the Mr. T of the group Paul, just to answer your question) – when he is not even opposed by a Republican. Wimmer, as Rollly notes, is opposed by a “former” Republican who is now running as a democrat. Small details, I’m sure, for Mr. Rolly. Think about this for a minute, Dave Hogue was in the state legislature for ten years as a Republican and has now come out of the closet as a democrat (which most of us already knew by the way.) Stubborn facts.

Rolly’s “ad hominem” humor is no substitute for “brain-on” activity. Thank goodness he writes for the Tribune, or else some voters who are actually affected by the decisions of these legislators might have been confused.

It does take a superhero these days to stand up against the politics of liberalism, socialism, and do-gooders who think that the reason a man or women is elected to office is to continue the plunder of previous legislatures. Rolly also ignores important events that are actually working to root out government abuse, waste, and corruption here in Utah, events that would not be happening without the support of men like these. For example, it will be interesting to see what tongue in cheek quarterbacking Rolly offers when the legislative audit of the Utah Department of Commerce comes out if it tarnishes the reputations of his fellow travelers such as Francine Giani, Wayne Klein, and Thad LeVar. But, we’ll leave that for a future day.

The truth of the matter is Rolly is simply trying to stoke the flames of some internal conflict with the Republican party, but as appropriate, the Republicans are best left to solving their own problems. In the end we can all be thankful that the “Superheroes” and the “A-Team” showed up this past legislative session because the alternative would likely have been some version of Mr. Rolly staring as Pinky’s “Brain” devising some new diabolical plot to take over the world. That, is certainly, frightening.

As for me, I’ll side with Representative Wimmer and his superhero colleagues, thank you.

Reference(s):

Date: Friday April 4, 2008
Source: Salt Lake Tribune – Paul Rolly: GOP Out to Rescue its Superheroes
Author: Paul Rolly
MRFC Principles:

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