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UT Governor Facing Wall Street Blackmail, Extortion

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Posted by:   bobo 5/26/2006 4:49 AM

UPDATE: I just received an email that the Governor has signed the bill - apparently his office just released a statement via email. So all of Wall Street's underhanded pressure techniques were for naught. Here's a copy of the email:

Dear XXXX:

Thank you for your email to the Office of the Governor regarding Senate Bill 3004. I have been asked to respond on behalf of the Governor.

The House of Representatives and Senate overwhelmingly approved this Bill and Governor Huntsman signed it into law on May 26, 2006.
 
 Sincerely,
 Gloria C. Hunt
 Constituent Services
 Office of the Governor

------------

The bill in Utah has caused a firestorm in that state, and on Wall Street.

The Governor has faced enormous pressure from the brokers, who are unwilling to have their party spoiled by being forced to report those violating federal securities laws relating to prompt delivery of shares.

This is probably because a large portion of the violation comes from Wall Street’s trading desks.

The brokers have crafted windfall profits in a time of flat markets by creating a booming stock loan business, and by trading their house accounts alongside the hedge funds who are moving, and in some cases manipulating, the markets.

So they don’t want to let anyone see how big and how terrible this crisis is – they require secrecy for their scam to continue.

And the Utah Governor has faced the full weight and wrath of Wall Street, who is lobbying against this bill as though it was the end of the world, versus a simple “sunshine” bill aimed and leveling the playing field and identifying the violators.

Morgan Stanley has threatened to pull their Discover Card call center, with 4700 or so employees.

The Securities Industry Association demanded an amendment to the bill (to stall implementation to October 1) in order to support it, and then when it was passed with the amendment, they pulled their support. They basically lied, IMO – that’s the old fashioned word for it.

Brokers in Utah are getting outraged phone calls from their NY offices demanding that they march on the Governor’s mansion, and call, email and write protesting and threatening.

I have it on good authority that they are amused by all the hubbub, as most haven’t shorted a stock in years. Thus, they fail to understand what all the ruckus is about.

They don’t realize that their NY headquarters has been printing money by creating IOUs, and failing to deliver stock for weeks or months or years. Nobody shared that with them, so they, as most honest folk, are looking at this bill going, “Hey, what’s the big deal? All it says is that they have to report anyone failing to deliver for longer than a reasonable period – what’s wrong with that?”

The level of hysteria and objection this has caused should wake everyone up as to the magnitude of the larceny and fraud being perpetrated by Wall Street. They are fighting as though their very lives depended on it, and all the bill does is add a caveat to the existing framework of regulation, requiring the reporters to report violations.

You would think it was the end of the world for them. Which in a sense, it is, as their illegal shenanigans will now carry a huge financial penalty…it won’t be long before smart attorneys sue the violators, which will create a large price tag for being a bad guy, and should act as a disincentive to further larceny.

Interestingly, the SEC and Wall Street can’t argue federal preemption here, as the bill is entirely consistent, and in no way conflicts with, federal securities law. It is sort of like California’s emission standard for cars – more stringent than the federal, but also entirely inclusive of and consistent with the federal standard. So the preemption argument falls flat here.

That Wall Street has been trying to blackmail the Governor of Utah – that is what they call it when you threaten dire consequences if you take an action (or rather extortion, I suppose, would be another good way of describing it) – is despicable. His sworn duty is to protect his citizens, both corporate and private. Wall Street is trying to extort him into selling his constituents, those he has sworn to protect, down the river. These NY parasites are so arrogant, and have been allowed to rip off the heartland of America for so long, that they have forgotten that they don’t own the whole country.

The Governor of Utah is about to send a strong signal.

Hopefully this will embolden other Governors and legislatures to mirror the Utah bill, and protect their citizens from the predations of Wall Street. There’s no reason not to, except that it will cut into Wall Street’s ability to prey on the locals.

I spoke with Patrick this morning at length, and his feeling was that if Wall Street felt that this had pissed in their Wheaties, they could look forward to another big shoe dropping sooner rather than later. 10 days or so was mentioned. Two weeks was discussed.

As can be seen from this bill, his sense of the magnitude of the changes coming at Wall Street is not given to inflation.

I really can’t wait to see what happens next. For the first time since 1934 Wall Street is getting a flavor for the rest of the country’s outrage over their larceny.

The Governor of Utah is the real thing. He deserves the strongest possible accolades, as does the Utah legislature.

I am quite sure every variety of legal BS will be conjured up as soon as Wall Street can mount a challenge – again, they CAN’T afford for their misconduct to become part of the record. The lengths they will go to in order to prevent that should be an eye opener for everyone.

I am not the least bit surprised.

Copyright ©2006 Bob O'Brien
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Comments (38)
Re: UT Governor Facing Wall Street Blackmail, Extortion By Wonder Boy on 5/26/2006 9:09 AM
Is the start date now Oct. 1?
Re: UT Governor Facing Wall Street Blackmail, Extortion By bobo on 5/26/2006 9:14 AM
Yes.
Re: UT Governor Facing Wall Street Blackmail, Extortion By stopcrooked carol on 5/26/2006 12:32 PM
This piece of trash article is typical of Redmond..She has never written one article that isnt for the crooks she protects..She is on the take we all know that lets hope we see her fat butt in prison before this is over..She could stand to drop some weight maybe they can put her on a diet in Jail where she belongs..
Re: UT Governor Facing Wall Street Blackmail, Extortion By Niel Storts on 5/26/2006 12:35 PM
Didn't take the usual clowns to chime in. Almost like they were prepared in advance. Odd how so very much effort is always spent on obscure little things. Almost seems that wall street is trying to protect itself. How odd.
Re: UT Governor Facing Wall Street Blackmail, Extortion By The Midas Touch co-author on 5/26/2006 12:48 PM
This could be a real boon to the brokerages in Utah. If the public is confident that they are getting REAL shares in Utah, not journal entries, they may have a large influx of business.

Wall Street may not be factoring this in right now, but they've already lost a lot of business because of their reputation. A lot of Americans are investing overseas. A lot of foreigners won't invest here because they don't trust our markets.

Wall Street may ultimately benefit along with everyone else.
Re: UT Governor Facing Wall Street Blackmail, Extortion By bobo on 5/26/2006 12:53 PM
This was actually mild from Carol's perspective. I love the patrick quote.

Cockroaches hate sunshine.

If these scumbags can take your money in a nanosecond, but can't deliver a share within 5 days in today's automated world, screw 'em. They should get out of the business.

Seems fair to me.
Re: UT Governor Facing Wall Street Blackmail, Extortion By piddly_sum on 5/26/2006 1:42 PM
So the argument the brokers plan to bring to Federal court for why this law should be struck is that they cannot comply by Oct 1, never mind they would not be in compliance today.

In other words, in their line of work, they sell items, and have no idea if they actually deliver these items to the customers, or simply make electronic credits for the items in the customer accounts.

That ought to go over swimmingly with a federal judge.
Re: UT Governor Facing Wall Street Blackmail, Extortion By jcline on 5/26/2006 2:53 PM
"but can't deliver a share within 5 days in today's automated world"

5 days you say? five days?

Just the Top Ten... blatent??? you bet it is.

1 GLBC 348 # ofdays on the SHO list
2 MSO 348 ''
3 KKD 348 ''
4 HHDG 339 ''
5 MAMT 339 ''
6 MDWYQ 339 ''
7 TMRT 291 ''
8 OSTK 276 ''
9 AGEN 237 ''
10 MDTL 202 ''

Automate this Morgan!
Re: UT Governor Facing Wall Street Blackmail, Extortion By R. James on 5/26/2006 3:33 PM
"Cannot comply by Oct. 1". Imagine cannot comply to not conduct illigal activity. It would be great if every State legislature would do what Utah has done.
Re: UT Governor Facing Wall Street Blackmail, Extortion By gregcable2002 on 5/26/2006 3:59 PM
I can see govenors warrents being issued for some of the major player crooks in the near future.Wouldn't that be a scream?
Re: UT Governor Facing Wall Street Blackmail, Extortion By Wicked World on 5/26/2006 5:02 PM
Can't it be said that this latest action from Utah was necessitated by the Federal regulators and authorities who fail to enforce the current laws?

I believe that men and women in authority since the 1930's have worked hard to craft regulations (for the good of all) which address all or nearly all of the matters which are making this issue a BIG problem. Eighty years of hard work is being IGNORED by those currently entrusted with the power.

When one reads the Exchange Act from all that time ago and then looks around at the sad, sad current state of affairs one word comes to mind. F'ing PATHETIC. (OK, two words.) We as a people don't deserve this kind of Exchange.

To those reading this:

If you are one of the handful in a position of authority or a Regulator who is dashing about like a sock-puppet running interference and apologizing for Big Wall St. please just stop with the pretending. I'm just a regular American and it's as plain as day to me. I see you on cnbc, I see you on the internet, I listen in on your Special Emergency Meeting webcasts, I read your backtracking words in the paper. I would respect you more if you would just announce officially that Big Wall St. will be receiving preferential treatment at all costs just because.

If you're a bonafide media journalist writer newsman tv anchor reporter member of the press who genuinely and wholeheartedly believes that FTDs/NSS/BobO/Patrick are a farce and are deluded please PLEASE grab a microphone and a tape recorder and a camera and rush over to the Hedgies, DTC and the Big Brokers and get "the" people to talk about these important matters. Give them the opportunity to share as much or as little as they want about why this is all a farce. Because all I've seen from the media is giggling and nervous laughter from atop your high-horses while reading short PRs that just deny everything about anything. Then there's BobO and Patrick and others who are SCREAMING for transparency and existing laws to be enforced.

I'm not fooled.
Re: UT Governor Facing Wall Street Blackmail, Extortion By LAW on 5/26/2006 7:25 PM
Just a suggestion

Maybe Patrick can set up a section on the Overstock.com site that is a gift registry of sorts that all of us supporters can purchase products from Overstock to be sent to the governor of Utah, state officials, and others in Utah that had a helping hand in getting this bill passed.

Also, as a Berkshrie shareholder, I was thinking that maybe if we got the addresses /names of Governors Office etc. other Berkshire shareholders could send gifts of Sees chocolate. Just a thought. Maybe someone can get the ball rolling on this, or maybe it's a bonkers idea.

Look, I think it's obvious that many of us have felt a sort of disgust at the state of our country over the past few years (maybe longer). Just seems the American people keep getting a real raw deal over and over again. I don't know if we deserve it, but when good people stand up for what's right, somehow, we must show our appreciation because in todays world doing what's right has actually become a heroic act.

LAW
Re: UT Governor Facing Wall Street Blackmail, Extortion By Cousin Jeb and Daryl on 5/26/2006 7:31 PM
Or maybe we can just send a flaming paper bag of dog shit to Morgan Stanley.

CJ and Daryl
Re: UT Governor Facing Wall Street Blackmail, Extortion By observer on 5/26/2006 10:26 PM
Everyone should send $5 to Utah's Governor as a campaign contribution for his signing. It's not a lot, but it will make an impact.
Re: UT Governor Facing Wall Street Blackmail, Extortion By bbhindyou on 5/26/2006 9:15 AM
What is the governor of utah's name?
Re: UT Governor Facing Wall Street Blackmail, Extortion By TheresASpyInTheHouse on 5/26/2006 9:18 AM
If the SIA lobbied for delayed implementation in exchange for its support, got the extension, and then pulled its support, maybe the legislature should pass a quick amendment and set forward the implementation date, to, say, this Wednesday....
Re: UT Governor Facing Wall Street Blackmail, Extortion By bbhindyou on 5/26/2006 9:24 AM
Found it!
I say we all vote for JON HUNTSMAN JR. for president of the United States of America!! Can we get him nominated?!
Re: UT Governor Facing Wall Street Blackmail, Extortion By Rich M on 5/26/2006 9:27 AM
If Spitzer is elected Governor of NY, will be lobbied by his "constituents", ie, Wall Street, to allow them to continue their charade and bow to their political and financial influence?
Re: UT Governor Facing Wall Street Blackmail, Extortion By Wonder Boy on 5/26/2006 9:28 AM
SPY--

I'm with you. No support--no amendment!
Re: UT Governor Facing Wall Street Blackmail, Extortion By Eric Vannerson on 5/26/2006 9:29 AM
Yo Bob,

It's hard to believe that the ads on this page are selected by Google rather than by yourself. I'm seeing ads for lawyers recruiting clients charged with extortion and lawyers for "securities professionals". How appropriate.
Re: UT Governor Facing Wall Street Blackmail, Extortion By mhatmccane on 5/26/2006 9:30 AM
It will be interesting; there's no way the conterfit shares in OSTK can be cleaned up by OCT1st and I suspect a few 100share lots will be purchased in Utah come OCT and we'll see fails again. Will the SEC be notified? Will they care ??
Re: UT Governor Facing Wall Street Blackmail, Extortion By mhelburn on 5/26/2006 9:35 AM
Morgan Stanley must be really stressed... extortion is a tool used by the Mob. No difference. Now we wait to read about it in our favorite NY publications. Don't hold your breath. Maybe it will just go away. Sniff, Sniff.

Now we have a governor who is willing to take on Wall Street. A guy like this could be a threat to the status quo. Obviously, he's not Spitzer.
Re: UT Governor Facing Wall Street Blackmail, Extortion By x. trapnell on 5/26/2006 9:37 AM
Excellent news! Kudos to the Utah legislature and governor.

Maybe it's time to open a brokerage account with a Utah address.
Re: UT Governor Facing Wall Street Blackmail, Extortion By bobo on 5/26/2006 9:42 AM
Wanna know my bet? I bet that Wall Street gets the SEC involved, and tries some federal preemption BS argument - which won't fly. This is EXACTLY like California requiring ADDITIONAL testing and reporting for emissions - it is completely consistent with Federal rules, and adds an additional reporting requirement if you want to do business in the state. Whoever crafted this was brilliant. There is no way it can be challenged, unless you basically say the states have no right to require or set their own reporting requirements - which is a violation of the Constitution.

Checkmate.
Re: UT Governor Facing Wall Street Blackmail, Extortion By Wonder Boy on 5/26/2006 9:44 AM
I also suspect that the delay was to let the crooks at the SEC take their shot. There must be a way to move the date up since the support was withdrawn. The Gov. does have the full backing of the legislature.
Re: UT Governor Facing Wall Street Blackmail, Extortion By sedgie on 5/26/2006 9:51 AM
Patrick has powerful smart friends. I hope the new law is challenged so NSS gets more exposure. I suspect many states will pick up on this and craft their own version in a similar vein to the waves of predatory lending laws each state has been crafting for the last 5 years. RESPA just didn't cut it and left open many avenues for mortgage brokers and mortgage companies to fleece individuals, as a result, states had to get involved and construct more stringent lending laws, licensing, etc... NSS is no different other than the money involved...
Re: UT Governor Facing Wall Street Blackmail, Extortion By browntrout on 5/26/2006 9:59 AM
BOBO- You mean that Security Industry lied about their support of this bill? That must be the first time lying for them. HAHAHA! They make a living at it. It would be nice to see the date put back to July 1. Of course the SEC will step in. They can't have someone actually trying to show that the law is not being enforced and who the perps are(Wall Street) can they?
Re: UT Governor Facing Wall Street Blackmail, Extortion By bobo on 5/26/2006 10:00 AM
Sedgie. Good comparison to the predatory lending framework. Very apropo. I will use that, if it is OK with you.
Re: UT Governor Facing Wall Street Blackmail, Extortion By stopcryingmorgan on 5/26/2006 10:24 AM
Good Job Govenor..Its about time someone made a stand for the American public When they have to cover all their shorts and all Bobos fans get tons of money back from the crooks on Wall Street who robbed us we will have enough money to finance his campaign for presidency..Bobo put and addrtess up where we can donate to the Utah Govenor he deserves our money and our support..Hail Mr Utah we love ya...
Re: UT Governor Facing Wall Street Blackmail, Extortion By Sedgie on 5/26/2006 10:31 AM
surely
Re: UT Governor Facing Wall Street Blackmail, Extortion By Rob H. on 5/26/2006 11:01 AM
Dear Governor Huntsman:

You have shown your constituents and the world that you believe in fair trade and will not stand by and watch good ideas and otherwise viable businesses go down over unfair market practices.

Thank you for standing up for the common person. Their should be many more like you. It's time to take back North America. This is a heck of a start!

Thank you!
Rob of Canada
Re: UT Governor Facing Wall Street Blackmail, Extortion By ebitda3 on 5/26/2006 11:08 AM
Florida and California are the states with the greates numbers in NCANS a dedicated campaign towards their republican Governors may be in order FL Jeb Bush is on the way out Charlie Crist and Tom Gallagher are the Republican nominees. Let's all push them for their position on this. Huntsman and W are tight.
Re: UT Governor Facing Wall Street Blackmail, Extortion By Joann Stanfield on 5/26/2006 11:21 AM
Our best compliments to you Govenor for your courage in helping us clean up the market. We appreciate you very much.
Re: UT Governor Facing Wall Street Blackmail, Extortion By rtway1 on 5/26/2006 11:22 AM
I sent a plea e-mail to Gov. Huntsman yesterday and today I will send the biggest thank you I can muster. I hope everyone else does the same. Obviously he is a man of courage and honesty, and I would support him in further endeavors. I am now going to call my Gov. and let him know my feelings. Today has been a good day.Thanks to you also Bobo.
Re: UT Governor Facing Wall Street Blackmail, Extortion By rtway1 on 5/26/2006 11:27 AM
I am also going to send a e-mail and a phone call to Morgan Stanley to remind them I have no problem with ripping up their f######ng credit card and would gladly tell friends and family to do the same. If they want to intimidate then let them pay the consequences that come with it. Let us take back our country a step at a time.
Re: UT Governor Facing Wall Street Blackmail, Extortion By Donald Watkins on 5/26/2006 11:54 AM
I am proud of you Governor
I will probably be moving to Utah soon. I will be one of your active suppoters.
Don Watkins
donwat@cox.net
Re: UT Governor Facing Wall Street Blackmail, Extortion By Wonder Boy on 5/26/2006 12:00 PM
=DJ Utah Governor Signs Short-Selling Bill Opposed By Brokers



By Jed Horowitz and Carol S. Remond
Of DOW JONES NEWSWIRES

NEW YORK (Dow Jones)--The securities industry is likely to bring a lawsuit in federal court against the state of Utah over a new law that lets local companies collect fees from brokerage firms that fail to disclose when they can't deliver securities to customers.

The law, signed by Gov. Jon Huntsman Friday, is widely believed to have been crafted by Overstock.com Inc. (OSTK) Chief Executive Patrick Byrne. He has long accused so-called short sellers of battering his company's stock price by selling shares they don't own and don't expect to borrow. He also accuses securities regulators and brokerage firms of failing to crack down on the practice.

Short selling is legal as long as an investor knows stock is available to borrow when delivery is due.

"We felt this law is good for business - particularly for small and mid-cap companies - and for consumers," said Michael Mower, a spokesman for the Republican governor.

The law allows Utah-domiciled companies to collect $10,000 per day from brokers who fail to alert the state securities commission within 24 hours as to how many shares on designated lists of short stocks they won't be able to deliver on time.

The securities industry is up in arms because they say failure to deliver securities is rarely related to illegal short-selling practices. Even if they pour money into upgrading information-technology systems, they won't know well enough in advance when delivery failures will occur, said a brokerage-firm lawyer who asked for anonymity.

"There may be legitimate reasons for a failure to deliver," the Securities and Exchange Commission says on its Web site. "Human or mechanical errors or processing delays can result from transferring securities in physical certificate rather than book-entry form, thus causing a failure to deliver on a long sale within the normal three-day settlement period."

The Securities Industry Association, Wall Street's principal trade group, hired former Utah banking commissioner George Sutton to lobby against the bill. The legislation was introduced and passed in a special session of the legislature Wednesday that took the brokers by surprise.

The brokerage industry has threatened to close down some of their operations in the state, said a person close to the negotiations. Major firms such as Goldman Sachs Group Inc. (GS), Fidelity Investments, Merrill Lynch & Co. (MER) and Morgan Stanley (MS) have service, operations and credit-card processing centers in the state that employ thousands of local citizens.

"I applaud the courage of the Utah lawmakers in passing this sunshine law - which merely requires that brokers disclose the degree to which they are violating federal regulation," Overstock.com's Byrne said in a phone interview. "Some Wall Street firms went ballistic trying to prevent its passage. Cockroaches always hate sunshine."

In a letter sent Thursday to Gov. Huntsman, the SIA argued that the then-pending bill would have unintended consequences that could hurt Utah companies and investors.

"Some firms may refuse to allow their customers to purchase or sell the securities of a company domiciled in Utah," Steve Judge, government affairs senior vice president at the SIA, wrote in the letter. Brokerage firms that make markets in stocks - ensuring that investors can easily buy or sell shares and helping companies raise capital - may curtail that activity, the letter said.

It also cited the National Securities Markets Improvement Act of 1996, which prohibits states from imposing operational and record-keeping requirements that aren't required by federal securities law.

"We are reviewing all our options, including the possibility of taking legal action," said SIA spokesman Travis Larson.

SEC spokesman John Heine declined to comment, saying the agency needed to study the law.

"The legislature passed the bill in special session by virtually unanimous vote and does not believe it was misguided," said Francine Giani, executive director of Utah's Department of Commerce. "If it's challenged, we'll let the courts decide."

The law requires brokers to identify undeliverable shares of certain stocks with large short-selling positions that are compiled by stock exchanges and the Depository Trust and Clearing Corp. In addition to Overstock.com, other Utah companies frequently on the list include 1-800-Contacts Inc. (CTAC) and SkyWest Inc. (SKYW).

Shares of Overstock were up 56 cents, or 2.5%, to $22.57 in late afternoon trading on Friday. Shares of 1-800-Contacts were down 14 cents, or 0.93%, to $14.86, and SkyWest was off 18 cents, or 0.77%, at $23.16.

-By Jed Horowitz, Dow Jones Newswires; 201-938-4047; jed.horowitz@dowjones.com


Re: UT Governor Facing Wall Street Blackmail, Extortion By n-tres-ted on 5/26/2006 12:30 PM
I just looked at the bill's provisions. It requires reporting to the State regulators any FTD a stock of a company with HQ in Utah. Violation makes the brokerage liable for $10K/day to the company whose stock is involved. This is not a broad coverage by any means as if the State had required reporting FTDs affecting any trades by Utah residents. However, it does catch all trades done anywhere affecting the shares of a Utah company. No doubt there will be a legal challenge, and I bet they seek an injunction to keep the law from going into effect pending final decision. Big stakes.

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