4/29/13

“FORMAL WARNING TEAM MEMBER: George Hartzman DATE: March 13, 2012


"This memo provides you with details about the terms and conditions of your formal warning.

REASON FOR CORRECTIVE ACTION: As of today, you are being placed on a Formal Warning. ...You have been advised repeatedly, both in conversation and in writing, that those matters have been reviewed and that the Company’s practice is not to share information relating to its review of such allegations.”
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GH; "Misprision of felony…consisted of failing to report knowledge of a felony to the appropriate authorities. A person was not obliged to disclose his knowledge of a felony where the disclosure would tend to incriminate him of that offence or another. …United States federal law

"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4: 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.

This offense, however, requires active concealment of a known felony rather than merely failing to report it."
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“On Friday, March 9, in response to your latest e-mails, you were again advised, in writing, that your concerns had already been reviewed. 

...Minutes after receiving the e-mail you then sent an e-mail, requesting yet again an “update” from 16 senior leaders across WBR and Wells Fargo.”

GH; Board Communications; Danny; Stumpf, Carroll, David Rogers, William H.; Lowe, Doug; Riem, Karl; Carlson, Grant; Berrol, Bruce J.; Mixdorf, Brian M. Landry, Aaron; Ludeman, John; M.; Mitchell, Stacey L.; Geczi, Don; Bacon, Michael J. (Corporate Security); Spivey, William

“...As you have been repeatedly advised, your initial concerns have been addressed.

...All future communications regarding your most recent Ethics Line allegations are to be directed only to the attention of Brian Mixdorf in Corporate Investigations (or others he may designate to assist with the Company’s review of your allegations).

...With respect to any other questions that pertain to your business, please continue to direct your inquiries to your manager."
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GH; "Whoever wrote this letter with Bill who remain nameless may want to re-think their anonymity.

Did the Board of Directors oversee the investigation?

As of Wednesday, March 28, 2012, I have not received an answer as to whether the Board investigated."

George Hartzman
Wednesday, March 28, 2012
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GH; I believe my clients, myself and many others have been betrayed by the above.

My Wells Fargo Ethics Line effort compromised by anonymity.

Were the reports accurate?

Was this information disclosed?

"...Wells Fargo bought Wachovia Corp., ...because depositors were pulling their money from Wachovia, the Fed channeled $50 billion in secret loans…through two emergency-financing programs to prevent collapse before Wells Fargo could complete the purchase.

http://www.bloomberg.com/data-visualization/federal-reserve-emergency-lending/#/compare/?comparelist=Wachovia_Corp-Wells_Fargo_%2526_Co

Is this correct?

As of Wednesday, March 28, 2012, I have not received an answer as to whether the loans took place.
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"Falsification of any company or personal information that you provide is prohibited.

Falsification refers to knowingly misstating, altering, adding information to, or omitting or deleting information from a Wells Fargo record or system which results in something that is untrue, fraudulent, or misleading.

Wells Fargo’s Code of Ethics and Business Conduct
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GH; If some misled, or omitted… how can the case be closed?
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"It is the responsibility of all team members to raise concerns about behavior that may violate the Code or any laws, rules, or regulations."

Wells Fargo’s Code of Ethics and Business Conduct
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GH; If it is my responsibility to raise concerns and nothing happens, what is my responsibility to whom after?

GH; Is this a usual response for those who stick their necks out?

GH; Should one who raises concerns be informed of the investigative outcome?
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From: Hartzman, George Sent: Tuesday, March 20, 2012 9:04 AM To: Mixdorf, Brian M.; Spivey, William

Subject: RE: Ethics Line Call

Bill, since I have been told to not contact anyone but you or Brian, please let me know what can be done here.

I still don't have any guidance as to what to tell my clients and who wrote the warning letter.

I believe Brian violated my anonymity.

I believe Brian has knowingly engaged in conduct with a conflict of interest, failed to obtain and reveal material evidence and is not being truthful.

From the warning letter:

"As always, I am available if you have questions or need clarification of this warning."

I would like to contact whoever I is.

George Hartzman

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