One who intends to leave others better off for his having existed.

11/25/14

Wells Fargo refused to provide information concerning Brian Mixdorf's internal investigation into George Hartzman's Ethics Line filings

In the Matter of; George Hartzman, Complainant, v. Wells Fargo Advisors, LLC., Respondent, Case No. 2013-SOX-00045 with the United States Department of Labor, Office of Administrative Law Judges, presided over by Judge Kenneth A. Krantz, Wells Fargo refused to provide the following admission;

Request for Admission 2;

Please admit or deny whether or not Brian Mixdorf, CFE, CFS found Wachovia and Wells Fargo’s 2008 and 2009 SEC securities filings contained or did not contain the words “term auction facility”, and A; that Wachovia and Wells Fargo’s 2008 and 2009 SEC securities filings’, B; including management’s “Discussion and Analysis”, did or did not contain disclosures of the C; nature, D; amounts, E; total credit lines, F; interest rates, G; collateral pledged and H; length of the outstanding loans provided by the Federal Reserve via the Fed’s Term Auction Facility to Wells Fargo.

If Mr. Mixdorf didn't find the words “term auction facility” in Wachovia and Wells Fargo’s 2008 and 2009 SEC securities filings, and didn't act on the information, which initial discovery suggests he didn't, an adverse act against Plaintiff occurred.
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On 12/8/2011, Brian Mixdorf, CFE, CFS, Senior Investigative Agent, VP, Wells Fargo Corporate Investigations, spoke with Complainant concerning Ethics Line submittals for about 30 minutes.

The Case Summary form states "User Override by Brian Mixdorf on 12/08/2011. Pot. Loss: $0.00. Reason: Ethics Line concern, but no COE or criminal violations" on a Wells Fargo Investigations Internal Investigations Case Summary Form.
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Hartzman's 11/29/2014 Ethics Line submission #115936586 summarized as "Accounting Irregularities" stated;

"The Audit and Examination Committee of the ...Board of Directors will oversee the investigation of concerns raised about accounting, internal accounting controls, and auditing matters.  [and] ...a team member may not: Purchase or sell securities...if he or she has material inside information. [and] Gaming is defined as the manipulation, misrepresentation, or both of ...reporting in an attempt to receive compensation."

Wells Fargo’s Code of Ethics and Business Conduct
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Hartzman's 12/02/2011 filed Ethics Line report #115950526 summarized as "Falsification of Company Records" stated;

“Sarbanes–Oxley Act, Title III ...mandates that senior executives take individual responsibility for the accuracy and completeness of corporate financial reports. It ...specifies the responsibility of corporate officers for the accuracy and validity of corporate financial reports.

...Section 302 requires that the company's "principal officers" (typically the Chief Executive Officer and Chief Financial Officer) certify and approve the integrity of their company financial reports quarterly. ...The CEO and CFO are now required to unequivocally take ownership for their financial statements under Section 302…

Title IV ...requires timely reporting of material changes in financial condition...

Sarbanes-Oxley required the disclosure of all material off-balance sheet items.”

Wikipedia
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Hartzman's 12/03/2011 filed Ethics Line report #115955622 summarized as "Auditing Irregularities" stated;

"You are responsible for preparing and maintaining accurate records to the best of your knowledge ...in compliance with applicable regulations, law and Wells Fargo's record retention policies.  All business transactions ...must be properly and accurately recorded ...in accordance with applicable accounting standards, legal requirements, and Wells Fargo's system of internal controls.  Falsification of any company...information 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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Either Mixdorf looked and didn't find the words “term auction facility” and other material aspects of SOX related reporting issues or he did not fully investigate a SOX related ethics complaint that should have been forwarded to The Audit and Examination Committee of the Board of Directors.

Not fully investigating three ethics complaints and not forwarding the case to The Audit and Examination Committee of Wells Fargo's Board of Directors would be adverse acts, which a response to Request for Admission 2 would provide evidence of, which Wells Fargo refused to provide.

On March 28, 2014, Respondent stated Wells Fargo produced Mixdorf's entire case file, which doesn't include the answers to Request for Admission 2, which a reasonable person with common sense would conclude an investigation by a Certified Fraud Examiner would look into, considering the information provided by Complainant in three Ethics Line filings.

Wells Fargo refused to provide the discoverable, probative information within Request for Admission 2, as the answers would provide a "causal connection between the protected activity and the adverse action taken”, which would be a failure to fully investigate and forward the case to The Audit and Examination Committee of Wells Fargo's Board of Directors, of which “Discovery may disclose evidence on such issues" in Case No. 2013-SOX-00045, which should include evidence that "the protected activity was a contributing factor in the unfavorable action." as stated by ALJ Judge Krantz on December 19, 2013.
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Wells Fargo refused to provide information concerning Envision plans created by William Spivey and Envision plans supervised by William Spivey and Aaron Landry

http://hartzman.blogspot.com/2014/11/wells-fargo-refused-to-provide_25.html

Wells Fargo refused to provide information concerning Brian Mixdorf's internal investigation into George Hartzman's Ethics Line filings

http://hartzman.blogspot.com/2014/11/wells-fargo-refused-to-provide.html

ROBERT K. STEEL and the President's Working Group

http://hartzman.blogspot.com/2014/11/robert-k-steel-and-presidents-working.html

Wachovia CEO Robert Steel False Certifications and Zion Bank's fine filing, with some Matt Taiibi


http://hartzman.blogspot.com/2014/11/18-us-code-1343-fraud-by-wire-radio-or.html

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