4/30/13

"Complaint to a Member of Congress"; ABA..., and Facebook conversations with then US Congressman Brad Miller


"Senators Patrick Leahy and Charles E. Grassy, who co-authored the whistleblower provisions of the Act, have stated that the Act does not require there be an ongoing investigation of Congress or that the investigation be within the jurisdiction of any Congressional Committee. ...Likewise, in its interim regulations, the DOL has explained that the Act’s protections extend to employees who complain to a Member of Congress “even if such member is not conducting an ongoing Committee investigation within the jurisdiction of a particular Congressional committee, provided that the complaint relates to conduct that the employee reasonably believes to be a violation of one of the enumerated laws or regulations.” 68 Fed. Reg. 31861 (May 28, 2003) (explaining 29 C.F.R § 1980.102.).

Furthermore, in one recent decision, the DOL concluded that an employee’s complaints to a Member of Congress constituted protected activity under the whistleblowing provisions of various environmental statutes, even though the Member was not conducting an official investigation. See Sasse v. Office of the U.S. Attorney, 1998-CAA-7 (ALJ May 8, 2002). The employee was an Assistant U.S. Attorney who alleged he was retaliated against by his Department of Justice supervisors because he investigated and prosecuted environmental crimes. In the course of his work, the Assistant U.S. Attorney complained to Congressman Dennis Kucinich about contaminated land by the Cleveland Hopkins International Airport. The ALJ concluded that the Assistant U.S. Attorney was engaging in protected activity despite the fact that Congressman Kucinich was not engaged in a duly authorized investigation. The ALJ found the Congressman was not in the employee’s chain of command and that the employee’s dealings with the Congressman were not a part of his normal work duties. Because he risked his “own personal job security for the advancement of the public good by disclosing abuses by government personnel,” the employee demonstrated that he had engaged in protected activity."
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Part of a Facebook message converstation with North Carlina Congressman Brad Miller;

I believe my clients have been lied to.

I believe a select few profited from information
my clients lost money because of.

I believe my fiduciary obligations to my clients
have been violated by Wells Fargo.

I believe many Wells Fargo Envision Plans
have been routinely manipulated to game compensation
by not including investment costs and accurate inflation assumptions.

I believe I am acting in the best interests of my clients
My family, my country, and the company I work for.

I believe my clients, myself and many others
have been betrayed by the above.

My Wells Fargo Ethics Line effort compromised by anonymity.

I have been threatened with termination twice in three weeks.

I believe no one has been held accountable.

I believe I have been lied to.

George Hartzman
Vice President/Investments
April 15, 2012
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...Have you contacted my office to set an appointment?

Brad Miller
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Thank you very much for the reply Brad.

I would very much like to meet with you.

will call to set up.

...thanks.

George Hartzman
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Please call my Raleigh office and ask to speak to Phyllis if you would like to discuss this. (919) 836-1313.

If you believe your legal rights have been violated, you should talk to a lawyer.

Brad Miller
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They violated Sarbanes Oxley

George Hartzman
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What if a teacher of the North Carolina CPA Ethics component were to blow a whistle, and not one mainstream media outlet, like the Greensboro News and Record, reported it?

Sent to Brad Miller via Facebook, June 18, 2012
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Information recieved by US Congressman Brad Miller on George Hartzman's Wells Fargo Whistleblower case

From: Hartzman, George Sent: Thursday, January 05, 2012 10:55 AM
To: Tolson, Ken Cc: Mixdorf, Brian M.; Spivey, William; Eason, Janet

Subject: RE: Ethics Line Issue

As a Fiduciary, how should I respond?

"we do not share the results or how it will be addressed. "

"What Does It Mean to Be a Fiduciary?

Fiduciary duty represents the highest degree of trust and confidence
that the investment advisor will act in your best interest.

Please explain how I am acting in my clients best interests
if I accept your answer and do nothing more?

Investment Advisors are governed by the Investment Advisers Act of 1940
and applicable state securities laws,
which govern conduct and disclosure requirements,
creating a high legal standard referred to as “fiduciary” duty.
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Breach of Fiduciary Duty

When brokers agree to manage clients assets
and/or obtain permission to place orders on their behalf,
the brokers have additional fiduciary duties to these clients.

Recently, a Federal appeals court determined
that when brokerage firms handle client accounts in fee-based “wrap accounts”
they are subject to the Federal Investment Advisors Act of 1940.

This Act places a fiduciary duty on investment advisors.

Prior to that decision, the SEC had granted an exemption from this act
for stock brokers and their firms.

A claim for “breach of fiduciary duty” is considered in the nature of a fraud
under laws of most jurisdictions
and this claim is afforded certain legal benefits over other claims such as negligence.

As a fiduciary, your investment advisor has the duty to:

Make full and fair disclosure of all material facts,
particularly where the advisor’s interests may conflict with the client’s

How can I disclose "all material facts"
if I am not informed of what they are?

Have a reasonable, independent basis for their investment advice

I thought I had a "reasonable, independent basis for their investment advice"
until it was reported that I may not have had, which creates a conflict of interest
which I have not been given a way to deal with
if I don't know what I should?

Be loyal to clients

An advisor will be measured against a higher standard of conduct than a broker.

...Only after you and the firm enter into a written agreement with Wells Fargo Advisors
does the Financial Advisor become a fiduciary.

As a Fundamental Choice Portfolio Manager
do I not have a fiduciary obligation to my clients?

In such agreements, the firm and your Financial Advisor
explicitly acknowledge an advisory relationship and obligations to you.

When acting as your investment advisor,
we provide you with disclosure documents about our Advisory services.

https://my.advisor-connection.com/infomax/PCG/products/advisory/resources/general/marketing/replicate_all/whatdoesitmeantobeafiduciary.pdf
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fi•du•ci•ar•y –

A Financial Advisor held to a Fiduciary Standard
occupies a position of special trust and confidence when working with a client.

As a fiduciary, the Financial Advisor is required to act
with undivided loyalty to the client.

This includes disclosure
of how the Financial Advisor is to be compensated
and any corresponding conflicts of interest.

..."Prudent Man Rule – A fiduciary must act “with the care, skill, prudence and diligence
under the circumstances then prevailing that a prudent man acting in a like capacity” would act.

This rule is derived from the common law of trusts.

This is an objective standard based upon how a person
with experience and knowledge of a certain area would act in a given situation."

29 U.S.C. §1104 (a)(1)(B).
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"Fiduciaries have important responsibilities and are subject to standards of conduct
because they act on behalf of participants...

These responsibilities include:

Acting solely in the interest of plan participants and their beneficiaries
and with the exclusive purpose of providing benefits to them;

Carrying out their duties prudently;

...The duty to act prudently is one of a fiduciary’s central responsibilities...

...With these fiduciary responsibilities, there is also potential liability...

DOL
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"Whoever, having knowledge of the actual commission of a felony
cognizable by a court of the United States,
conceals and does not as soon as possible make known the same
to some judge or other person in civil or military authority
under the United States, shall be fined under this title
or imprisoned not more than three years, or both."

TITLE 18–CRIMES AND CRIMINAL PROCEDURE PART I–CRIMES
CHAPTER 1–GENERAL PROVISIONS
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Brad Miller - House Financial Services committee - 1989 - 2012 Total Receipts: $6,011,785
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Needless to say, after taking so much money from "Securities and Investments", Mr. Miller was less than helpful.

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