Guess what I got from the Governor.

Do you think Gary Herbert likes swing dancing?

Since we first met I’ve thought Gary was a nice guy, but of course back then he wasn’t the Governor.  These days it’s hard to tell what you really know about politicians or their agendas.  Even more relevant in today’s climate of ‘tea parties’ and a promised revival of the Republican Revolution part II, it’s getting harder and harder to tell who really has principles, and which leaders just have good PR intuition.

“Swing?” Did I really start this out by asking if the Utah Governor likes swing dancing?  I know it seems random, but it’s not – really.  Don’t you remember the 1993 film Swing Kids?

“No one who likes swing can become a Nazi.”  – Arvid

Interesting test, I think, for not so obvious reasons.  In our day, and in our time, we have definitely reached a point in our own political history in the midst of a mammoth struggle to once again debunk and dethrone the growing popularity of socialism (albeit in a much more clever, 2010-era disguise) coming up with tests or mechanisms for determining a politicians true motives can sometimes seem as random as their choice of music.  But, my reference to the movie Swing Kids wasn’t just for fun.

While it wasn’t the greatest movie in the world, there is another more relevant and poignant exchange between two of the characters in the movie, both young adults struggling with the dramatic choices of freedom and individual worth versus the growing irresistibility of power (social and political) available to those who went along with joining Hitler’s Youth Corps.

“Arvid: I would rather belong to anyone… ANYONE, than belong to the Nazis like you do.
Thomas: That’s because you have everything backwards. Nazis go anywhere they want, do anything they want, everyone gets out of our way.
Arvid: Quiz time. Got your glasses on.
Thomas: What?
Arvid: It means you don’t know who your friends are.”

This is the real question for politically active citizens today.  Do we know who our friends are?  This brings me back to how I started this discussion in the first place.   You’ll never guess what I got from my friend Gary Herbert in the mail the other day.

I was pretty surprised to tell you the truth.  It was early in the morning hours and I had moseyed out to our mailbox, not really thinking about the mail at all, just going through a ritual.  I was dressed in my gym shorts and a t-shirt when I saw it.

I almost threw it out at first.  I wasn’t even going to open it, this blank white nondescript looking piece of mail that gave no indication of who had sent it.  I figured it was likely junk mail.

Then as I took a closer look, the fact that the envelope was addressed “TO THE PARENTS/GUARDIANS OF CLAUD KOERBER” made me think I better take a look inside.

So, standing curbside, in front of my house, just before the sun was yet visible, I set all the other mail aside and focused on this one item.  I opened up the envelope and the first thing I noticed was that it didn’t seem like junk mail at all.  As it turned out, it was actually a Hallmark® card.

“Huh?” I thought to myself, “That’s not what I expected.”

We did recently have a new addition to our family (in case some of you didn’t yet know.) He’s an amazing little guy that we actually named after me, Claud.  He’s lucky number seven for our clan.  Oh, and don’t worry, we did also give him a nice middle name too, so he has an option, other than being called Claud Jr. his whole life.

So anyway, the fact that it was a Hallmark® card was nice, and I was curious to see who might have sent. it.  I opened it up and looked to the bottom and sure enough, there was the signature of Gary and Jeanette Herbert.

For a few reasons that should be pretty obvious to those who have been following my story for the last few years, I wast certainly not expecting anything like this from the Governor. But, of course, as most of you reading this have already figured out, if this is all there was too it, I wouldn’t be writing about it here.  So what gives?

Well, after noticing the card was signed by Gary, I figured I better read it carefully.  I didn’t want to miss something.  For the full effect, let me just take you though it, like I experienced it.

“A darling little baby, to cuddle and adore,
To Spoil a little and love a lot – who could ask for more!”

Okay, so that’s nice, right?  Normal?  Yeah, I think so.

The card continues,

“Congratulations on the birth of your new baby!  As the proud parents of six children, we know how precious your new baby is to you and how important it is to keep your little one healthy and happy.”

So at this point I figure, “Oh, I get it, this is some kind of generic card sent by the Governor’s office to every family in Utah that has recently had a baby.”  That’s not so unusual, right?

I don’t suppose I would have done anything except throw out the card with the rest of the worthless junk mail after realizing it was essentially the equivalent of a meaningless form letter, except that when I read the last sentence of the card the hair on the back of my neck started to stand up.  Maybe it won’t strike you like it struck me, but take a look.

“What?” I thought to myself.  “Here’s this nice, cute, and vainly personalized Hallmark® card and out of the blue I’m being prodded about immunizations?”  I actually re-read the card again searching for some context that helped that last sentence make sense.  But, nope, there was no context.  Even worse, as I re-examined the envelope I confirmed that there wasn’t any context at all, not even a return address.

So, I tucked the rest of the mail up under my arm and with Gary’s Halmark® card in hand, I started back for the house.  The more I thought about it, the more I started to get really intellectually worked up.  Then I noticed that attached to the back of the card there was actually a blank immunization record form along with a notice from the Utah Department of Health regarding its Immunization Program.  Do Utah’s bureaucrats do anything out front and open or is being subtle and sneaky somehow required by some obscure statute that I haven’t yet come across?

Man, finding that immunization card really did trip my trigger.

It’s not that I’m super huge into the increasingly popular immunization controversy, I’m more of an immunization agnostic at present.  But, while I certainly have some research to do – I’m not naive enough to think that there aren’t seriously deep pocket political and money interests involved in the whose issue—from top to bottom.  But, regardless of all that, I couldn’t stop asking myself, “Why in the heck did the Governor and his wife have to send me this disguised attempt at promoting immunization?”

I’ve had a hard time putting my finger on it exactly, but something about the whole thing just seems odd and inappropriate.  One thing I did know for certain however, as I walked back into my house early that morning, I was not feeling the way you’d expect to feel after getting a congratulatory Hallmark® card from a prominent figure like Gary.

I hate that kind of emotional manipulation, whether it’s politics or not. Maybe citizens should start sending their letters to elected officials on Hallmark® cards too.  I can just imagine,

“A darling little baby, to cuddle and adore,
To Spoil a little and love a lot – who could ask for more!
So please don’t raise my taxes.”

As if the whole thing hadn’t already gotten me worked up, I read the first two sentences of the Utah Department of Health notice on the back of the immunization card.  Take a look.

So, my judgment – as a parent – doesn’t even factor into the equation?  Should Jewel and I even have a say in the matter?  I’m highly skeptical of the answers some politicians and other government bureaucrats would offer.  The reality is that in the crevices of many shallow minds, if I had chosen a different educational track, or gotten myself hired as a government employee, my brain would have been magically blessed and transformed, and for some unexplainable reason as a representative of the government I’d be able to tell all of you what is, or is not, in your best interest and also tell you what is best for your children–and I’d be able to do it with the force of government behind me.

Ug.  I really hate getting things from government bureaucracies, even if its a Hallmark® card.

Did you notice, also, that in the Health Department’s notice, instead of using the names of the actual drugs being advocated as part of their vaccination regimen, the government actually promotes the registered brand names of the corporations who are pushing the drugs?

As I was talking about this with one of my friends, he just couldn’t see what the big deal was about a) the card, b) the card being from the Governor, or c) the immunization material sent by the Utah Department of Health.  In response to his, “Rick, you seem to be making a mountain out of a mole hill” remarks, I said something that I’ve been thinking about ever since.

“If people—generally speaking—want to live and want their children to live, and are pretty darn fearful of unknown health risks, why in the world does the government need to spend time, money and taxpayer resources on subtle/surreptitious advertising for commercial pharmaceutical companies?”

Ironically, I think several of Utah’s politicians have read Ezra Taft Bensen’s Proper Role of Government, and it has never occurred to them that selling pharmaceuticals is not part of the job.

My other major question is why has Gary Herbert gotten himself involved in this kind of thing?  I’m sure most people just chalk it up to “public service” as Utah’s governor, but is it really public service?

Like I said, it all reminds me of the movie Swing Kids.

In small ways and in some big ones, it’s a strange time to be witnessing the goings on of those who hold political office in America in 2010.  I’m not saying there aren’t a lot of nice guys and gals (“do-gooders”) out their holding elective office trying to do us all a great service.  But, as I learned when I opened the mail the other day, not everything is as it seems.  We should be more aware and more vigilant.

Quiz time. Got your glasses on.

Is Rick Koerber really the “Utahn of the Year?”

Yeah, I was chuckling when I saw the newspaper’s article, but then I got to thinking…

I’d like to ask for your vote. It will only take 60 seconds and could accomplish something very interesting. Really. I’m not kidding.

Let me explain. As most of you know, 2009 has not been exactly the kind of year I would have scripted for me and my family. But, as it turns out, the Salt Lake Tribune want’s to know if I should be the “Utahn of the Year.”  I’m not kidding.

As no one who has followed me for any length of time could have missed, I have not only been an outspoken critic of over-sized government, but a few years ago I got real specific about criticizing a few very malicious bureaucrats who have essentially dedicated their lives to destroying my businesses and my reputation. Of course, I’m not one to shy away from the battle, and I will continue to fight—to not only restore my businesses and our creditors, but also, to see that the facts are given their fair attention in a legitimate forum (the courtroom) so that my public reputation will be restored to good standing with reasonable folks.

So, back to the Tribune’s recent article. Yesterday, the paper published a list of 13 “newsmakers” and asked their readers to vote on who should be considered the “Utahn of the Year.” Evidently the paper is going to pick their own winner, and frankly my vote (if I had to pick from the list they give) would be Elizabeth Smart. But, they are asking online readers to vote from the list so they can see how their “choice compares.” It’s all a little hokey for me.

But, since my name was mentioned I browsed through the list. I couldn’t really make heads or tails of it. Evidently, these are people whose names appeared most frequently in the Tribune’s headlines this year. But, it seems to me to be oddly missing other names that more easily come to mind. Anyway, for some dumb reason I’m number 8 on the Tribune’s list of candidates. Of course I haven’t done a darn thing this year to be legitimately considered something like the Utahn of the Year. But, then I got to thinking…

Not only have I done absolutely nothing to be considered “Utahn of the Year,” I’ve also done nothing that could rationally explain why I’m now facing charges with a potential penalty of over 200 years in federal prison.

As most of you know, the Salt Lake Tribune, along with the rest of the government media who seem content reporting government press releases as actual news, has done little-to-no real journalism to tell the real story about me, my companies, and these charges. So, I don’t know if it was my sense of humor, my orneriness or my sense of wanting to create a conundrum for those dumb bureaucrats—but…

Here’s what I’m thinking.

Also on the Tribune’s list are Jon Huntsman Jr. (what he’s done to be the Utahn of the Year I also haven’t a clue) and my favorite, US Attorney Brett Tolman who so naively has towed Francine Giani’s line in my case. Wouldn’t it be funny if I beat these guys? Even more so, wouldn’t it be funny if the Free Capitalist (insert Francine Giani scowl here – she didn’t even make the list ) were to be voted Utahn of the Year?

On a more serious note, might it not encourage some real journalism on me and my case, if someone for whom every article in the Tribune has been negative, somehow wins the most support online for Utahn of the Year? Well, that’s my idea. It’s not rocket science or anything, but we are playing with some rather dull folks in the media and in the government.

So, if you care to take a minute and help me out with this little idea of mine, you can vote here – it doesn’t take an email address or anything. I takes less than 30 seconds.

As of right now, I’m already ahead of Carlos Boozer of the Utah Jazz, current Utah Governor Gary Herbert, and victory of victories, Brett Tolman (why is it no one can get his name right?)

Of course, I don’t want or expect to win an award or anything, but maybe Francine might come up with a way to suggest that this idea too is part of some ponzi-scheme the government hasn’t yet fully uncovered. It would serve her right.

Take care, keep your brain engaged, keep your friends and family alert, and most importantly–if you’re already doing these things—keep up the fight!

Happy Holidays,

—Rick

Brain-Off, Mouth Open: Tom Grover Misses the Point

Whenever a self-proclaimed libertarian takes the side of government over its citizens, you can bet that something sinister is underway.   I can’t think of a more appropriate way to describe Tom Grover’s recent attempt of political opinionating in his piece, “Rep. Carl Wimmer scandal isn’t about Rick Koerber, it’s about the integrity of our justice system.”  Mr. Grover essentially argues three points, 1) that Wimmer has betrayed the interests of justice and should resign for “intimidating” regulators, 2) that lawmakers should learn a lesson and steer clear of similar conduct, and 3) that Utahans should let regulators like Francine Giani alone while they do ‘their job.’

The short sighted and pious platitudes of Mr. Grover, a self-proclaimed Utah libertarian, demonstrate an alarming trend, exerting a surprisingly Herculean pressure, in modern politics.  Namely, in our current era, posturing and hasty generalizations serve as a regular substitutes for critical thinking and rational conclusions.  In this case, Mr. Grover’s brain-off, mouth open response to the so-called “Carl Wimmer Scandal” should be seen by citizens for precisely what it is—short sighted, and dangerously naïve.

Read more

Francine’s Domain – Scandal Brewing in Utah Government

By C. Rick Koerber
February 14, 2008

In Utah right now there is a scandal brewing. The scandal penetrates the highest reaches of the Utah government. The question is, “Where will the buck stop?” as the evidence rolls out that an entire section of Government is in need of a major overhaul. Steven Oberbeck of the Salt Lake Tribune, quoting Chuck Newton of the Financial Planning Association of Utah, reported yesterday that there have been enough “shocking actions” in recent years that he believes its highly likely that “some government officials may eventually be criminally prosecuted.” Mr. Oberbeck’s report in the Salt Lake Tribune touches just the tip of the iceberg.

The Department of Commerce is ultimately under the direction of Utah Governor Jon Huntsman, Jr. (R) – a politically ambitious McCain backer who has little tolerance for scandal given the import of this year’s election and his political future. Huntsman is the one who appointed the highly controversial Francine Giani as the State’s Executive Director over the Department several years ago. Ms. Giani is not an attorney, has no legal background and did not have any substantial experience in executive level positions, yet she currently holds Utah’s highest regulatory position over all business activities in the State.

Since Ms. Giani’s appointment, the Department of Commerce has been the subject of a surprising degree of scrutiny. Many legislative leaders on both sides of the political isle have expressed “disgust” at how the Department’s activities have been and are being carried out by Giani and her associates. One legislator, Utah Representative Jim Bird (R-West Jordan) recently uncovered an alarming complaint.

“Ms. Giani allegedly was made aware of illegal activities taking place within the division and responded by telling employees that she didn’t care if the actions of the division were legal or not – but that employees were to perform the jobs without question.”

Some Utahans are hoping that the current controversy will allow the public to clearly separate “lip-service giving do-gooders” in government positions from authentic leaders who care about citizen’s individual rights, civil liberties, small business and simple concepts such as fairness. At the core of this issue the question is, “How far up the chain does the corruption go?” In recent years the State has behaved with little concern for small business owners who find themselves entangled in the Department of Commerce’s web of scandal and corruption. One of the State’s highest elected officials recently commented:

“Francine Giani is the single greatest threat to small business and personal liberty in the State of Utah.”

It’s easy to give lip service to the idea that small businesses are “too heavily regulated” but when corrupt and over zealous regulators systematically engage in the type of behavior now being uncovered in Utah, it’s time for change at the highest levels. For the small businessman, the lifeblood of the local economy, abusive behavior by regulators can be a matter of life or death for their businesses – which means a loss of jobs for Utahns at a time of huge economic uncertainty.

As news of the present scandal spreads, residents are anxiously awaiting the Governor’s response to the Giani controversy.  Sources suggest the Governor feels conflicted given that he and Giani are reportedly “good friends.” Over forty years ago former Fed Chairman Alan Greenspan warned,

“The world of [regulation] is reminiscent of Alice’s Wonderland: everything seemingly is, yet apparently isn’t, simultaneously…It is a world in which the law is so vague that businessmen have no way of knowing whether specific actions will be declared illegal until they hear the judge’s verdict – after the fact.” (Greenspan, Alan. Later Chairman of the Federal Reserve. Paper given at the Antitrust Seminar of the National Association of Business Economists, Cleveland, September 25, 1961.)

Quiet whisperings have become all too common in Salt Lake City among government employees, elected officials, and community leaders about this rogue agency stealthily persecuting small businesses. Over the last 12-15 months Ms. Giani’s commissars in the State’s Division of Securities have come under the most serious scrutiny. Allegations of corruption, incompetence, mismanagement and “too many unfair prosecutions“under a cloud of controversy are growing relentlessly frequent and more substantial. Last week, apparently in an effort quell the unraveling of her department – Giani reportedly pressured Securities Director Wayne Klein to resign.

“They obviously haven’t told me the results of the audit but I’ve heard words like [the division is in] ‘disarray’ and the ‘deeper we [the auditors] go, the deeper we need to go,’ “ (Representative Bird testimony last week during the Utah Legislature’s meeting of the House Business and Labor Committee.)

Klein’s resignation, however, is not likely to insulate Ms. Giani (or several other employees involved in this mismanagement such as Securities Enforcement head Mr. Michael Hines who is also suspected of official wrongdoing in the Department) from the political and legal fallout yet to come.  Apparently hoping this will all blow over quickly, Ms. Giani has tried to appear disconnected recently asserting, absurdly, of Klein;

“He has been a good director, and in terms of his background in the securities industry, there is no one better.”

Utahns can only hope Ms. Giani is simply posturing here. Wayne Klein is not only personally vindictive but has a fairly well known reputation in the legal community from his previous positions both in the Utah Attorney General’s office as well as with the State of Idaho for being a loose cannon, an unjust prosecutor, and having contempt for legal restrictions on his own activities. It makes one wonder, in light of all the information that is now coming out, how Mr. Klein was appointed with the approval of the Governor and the legislature in the first place. According to Ms. Giani’s recent statements to the press, Klein is precisely is the “type” of regulator she strives to appoint in her department. Yet, Klein is quite simply a commissar (listen to the Free Capitalist radio broadcast archives from August 31, 2007 for elaboration). Specifically, he has increasingly become an embarrassment to government and legal professionals. He and his staff routinely fail to demonstrate even basic familiarity with the A-B-C’s of securities law. Reportedly, his own agenda is more important than the letter of the law and he is known to stammer and hesitate when trying to describe even the most basic federal standards for simple concepts such as what constitutes an accredited investor.One of Klein’s former government employers recently remarked that he, and a number of other government officials are not surprised at the recent discoveries about Klein and Giani’s philosophy of government.

“Mr. Klein is the worst kind of loose cannon. He’s often going after someone who’s offended him, regardless of the law. He’s really only effective if someone with very strong supervisory skills watches his every move and Francine is not that capable.”

Securities attorneys in Utah should not only be alarmed and offended at Ms. Giani’s defense of Klein, especially given his track record, but extremely diligent in working to ensure that there is serious reform in the Department. With Ms. Giani still at the helm she’ll likely just pick another “Wayne Klein” to run the Division. As reported by a notable Salt Lake City attorney recently,

“It has become common practice in Utah for knowledgeable, reputable, and highly educated attorneys to have to grovel to Giani, Klein (and their heretofore behind the scenes bulldog Mr. Michael Hines, Director of Enforcement in the Division of Securities). None of whom have shown much if any appreciation for the details of the law. It’s embarrassing.”

In 2007 a group of private citizens and business owners, fed up with the egregious behavior of an entire section of state government, began a private investigation on their own to look into the State’s activities. So far, the investigation has uncovered a remarkable cache of written documents and audio recording. The evidence includes recordings and transcripts of private meetings, official and unofficial conferences, lunch meetings, early morning meetings (as early as 6:30am at the home of one resident) and late night investigative activities (with government workers showing up to the homes of some “witnesses” as late as 10:00pm). The mounting evidence shows a disturbing pattern of Giani, Klein, and Hines each engaging in deception, incompetence, misstatement of the law, and abuse of the legal processes. Perhaps even more telling, the evidence is beginning to show a growing rift in the Department of Commerce between those public servants who want to carry out the legitimate duties of the Department and those like Hines who reportedly remarked recently that he hopes to retire by “writing a book” about one of the cases he’s currently investigating. The Salt Lake Tribune recently reported that it is precisely this internal rift between real public servants and self-serving bureaucrats that brought about the legislative audit working to uncover the details of this brewing scandal.

“After hearing from several division staff members who expressed concerns about how the agency was being run, Rep. Jim Bird, R-West Jordan, late last year requested that the Legislative Auditor General’s Office audit the division.”

This kind of situation makes for a very unfriendly business environment and is embarrassing to everyone in government. With a formal audit underway, it appears Ms. Giani is simply buying herself time to try and get out from under the explosive details now coming to light. Consider a few embarrassing examples of the work being conducted by Ms. Cruella and her henchmen.

1. Wrongful Accusation of Criminal Behavior against Utah Citizens.
2. Misuse of the Courts and Legal Process.
3. Lying to Government Officials.
4. General Incompetence when it comes to explaining rudiments of the law.
5. Defaming Members of the Legislature who scrutinize the Department.
6. Punishing Citizens with Evidence Against the Department for their Political Activity.
7. Demanding “prior restraints” on Utah Citizens’ free speech, in an attempt to silence criticism of the Department’s methods in public or in the courts.
8. Government employees lying to the public in order to “create” causes for investigation.
9. Disseminating confidential information obtained during investigations to private sector colleagues to enrich their business efforts.
10. Offering jobs and/or job referrals to witnesses who are willing to lie or distort the truth to defend the Department.

This kind of behavior is precisely what Ronald Reagan warned America about as early as 1964 when he deplored:

“It is time we realized that socialism can come without overt seizure of property or nationalization of private business. It matters little that you hold the title to your property or business if government can dictate policy and procedure and holds life and death power over your business. The machinery of this power already exists. Lowell Mason, former anti-trust law enforcer for the Federal Trade Commission, has written “American business is being harassed, bled and even blackjacked under a preposterous crazy quilt system of laws.” There are so many that the government literally can find some charge to bring against any concern it chooses to prosecute.” (Reagan, Ronald, A Time for Choosing, Speech given October 27, 1964)

Legislation has recently passed the Utah House of Representatives that would rein in the powers of the division and its director in an effort to secure more just handling of the Department’s responsibilities. However, as reported on FreeCapitalist Radio Monday February 12, 2008 this attempt to “rein in” the powers of Ms. Giani and her flying monkeys is being received about as well as the “Wicked Witch of the West” receiving Dorothy and her ruby slippers.

For example, after Bird’s HB83 passed the Utah House, Giani defender Utah Senator Curt Bramble (R-Provo), apparently in an effort to help Giani and the Governor’s office stall the brewing controversy, strategically stalled the legislation from being considered by the State Senate indefinitely.

Reminiscent of something behind the iron curtain in the 1980s the outgoing commissar Klein remarked to the attorneys of a Utah citizen recently, who was cooperating with State legislators in their attempts to get to the bottom of the abuses going on in the Department that: because of his political activities the Division was “forced” to take tougher action. In a similar case Klein justified:

“Part of the problem is that I’ve been painted in a corner because your client has gone on the radio and publicly accused us of stuff. He’s got legislators out there trying to cut our powers because what we’re doing as if he’s entirely right in what he’s doing and government is unfairly coming after him. So ordinarily we have more flexibility but where I’ve got public attacks coming in saying we’re being accused of being unfair…[interrupted].”

Ayn Rand also famously warned us of situations like the present scandal brewing in Utah under Ms. Giani’s watch.

“This means that a businessman has no way of knowing in advance whether the action he takes is legal or illegal, whether he is guilty or innocent. It means that a businessman has to live under the threat of a sudden, unpredictable disaster, taking the risk of losing everything he owns or being sentenced to jail, with his career, his reputation, his property, his fortune, the achievement of his whole lifetime left at the mercy of any ambitious young bureaucrat who, for any reason, public or private,may choose to start proceedings against him…It is a form of persecution practiced only in dictatorships and forbidden in every civilized code of law. It is specifically forbidden by the United States Constitution. It is not supposed to exist in the United States and it is not applied to anyone-except to businessmen.”(Rand, Ayn. Capitalism: The Unknown Ideal, pg. 50 – from a speech given at the Ford Hall Forum, Boston, on Dec. 17, 1961)

The official audit of Ms. Giani and her staff is still under way. Potential legal action is reportedly pending against the State from private parties alleging damages in the hundreds of millions. Additional complaints are coming in from victims of the Department’s abusive handling methods including complaints against the Division of Real Estate, Licensing, Securities, and Consumer Protection. Transcripts and audio recordings of Commerce employees lying about Utah businessmen and their activities and other highly problematic behavior on the part of government employees are being delivered to government officials and media outlets. In the mean time, Utah citizens (the real Ma’s & Pa’s Mr. Hines is so fond of talking about while he pursues his agenda) are getting tired of being scammed by the so-called “scam busters.” Some investors have recently been told according to evidence obtained through recorded conversations that (consistent with what has been reported about Giani’s style of administration) if citizens want the State to help them they have to be willing to distort the truth and cooperate with the State’s agenda – independent of the facts involved. One local businessman recently complained,

“For more than two years now the Department of Commerce has been after me. They have come at me from every angle, from the Real Estate division, the Securities Division, Consumer protection etc. Every time, I’ve been able to demonstrate that they have no evidence against me and that I and my associates have done nothing wrong. Yet, the government continues to make horrible allegations, publicly bad mouth me and my colleagues and even accuse me of being a criminal to legislatures, business colleagues, and some of my closest associates. All of this so that Francine Giani, Wayne Klein, and Michael Hines can “look” like they’re doing their job. They’ve got all my clients in an uproar, they’ve told this story about what my business “really is,” all truth be damned, and their efforts have cost dozens of real Utahans their jobs and as essentially bankrupt me and my partners to the tune of millions of dollars. All this and not one charge filed, not one official action taken, and not one person in government responsible. There’s not even a forum where I can defend my case, I simply have to wait until these very powerful men and women are done playing politics with me, my investors, my customers, and my business. Maybe I’ll get an apology like Mr. Teran received from the Department, after they’ve succeeded in destroying my company.”

While the citizens of the State wait for the Governor to weigh in on the issue, thank goodness for good legislators and government leaders who don’t hesitate to reach for the pail of water when the Wicked Witch comes around. On a side note, sources suggest that Ms. Giani may already be preparing for her exit, vying for a position as an investigative journalist (Geraldo watch out!) back at Utah’s local Channel 2, KUTV along side consumer watchdog Bill Gephart. If it’s true, it’s likely that Ms. Giani can serve the people of Utah better there – for certainly there’s a role for consumer watchdogs. If she does return to the media perhaps she’ll feel less burdened, being freed from sticky things like State law, due process, fairness, etc. Its time for Utahns (including our Governor) to get past the old cliché of Utah being among the “scam” capitals of the world, and start taking a closer look at the corrupt bureaucrats irresponsibly promoting that myth to the detriment of good people in a good state working hard to do many good things. Once again scandal is brewing in Utah. This time it’s the government in need of systematic reform. Perhaps Mitt would accept an invitation to come save the day in Salt Lake City one more time. Stay tuned…