Imagine you’re Annie Bradley, a married stay-at-home mother of eight. Two weeks before your 43rd birthday, its 9:00 pm and you’re sitting down with your husband and two house guests discussing a very difficult topic—the sale of your home. Uncharacteristically, your seventeen year-old daughter interrupts the discussion with a stunned look on her face, informing you that police and federal agents are surrounding your house. An armed Sheriff’s deputy has followed closely behind her and now stands before you asking, “Are you Anna L. Bradley?”
The scene in the Bradley’s neighborhood Tuesday was much like something you might expect to see on the big screen, or read about in one of those hard to believe mystery novels. But for Annie, her husband Randy and their eight children, it was a very real nightmare.
“I begged them not to take her,” explains her husband. He couldn’t understand why law enforcement was at his house in the middle of the night, demanding $10,000 cash for bail, or they were going to be taking his wife. At 9 o’ clock in the evening, when banks and businesses are closed, it’s close to impossible for an average family to come up with that kind of cash.
So, at approximately 9:41 pm, after local agents from the Utah County Sheriff’s office, accompanied by at least two federal agents, had surreptitiously surrounded the family’s home and afterwards made quite a scene for the neighborhood, law enforcement agents placed Annie Bradley under arrest, handcuffed her, and led her the long way across the front lawn, in front of inquiring neighbors, stunned house guests, her confused and bewildered husband, and perhaps most difficult, in front of her sobbing children.
When asked why they were doing this in the middle of the night, with so little opportunity for the Bradleys to even reach an attorney, one member of the Utah County Sheriff’s department replied, “Well, we don’t usually deal with nice folks like you.” Annie was booked into jail and held on $10,000 bail.
While the image of her arrest might seem dramatic, the facts surrounding her arrest are even more bizarre. Annie Bradley wasn’t arrested, as it turns out, because she’s suspected of committing some violent crime. The barrage of law enforcement officers didn’t surround her house to execute an arrest warrant because she’s suspected of some kind of drug involvement or some other dangerous crime. Annie Bradley was arrested because she and her husband have been caught up in a political battle related to the Utah Department of Commerce.
In February of this year that Utah Division of Securities Director Wayne Klein resigned under a cloud of suspicion for corruption and mismanagement. Randy and Annie Bradley were one of the cases originally overseen by Klein. Earlier this summer, on July 3rd, an independent audit of the Division was delivered to the State Legislature citing widespread abuses, mismanagement, miscarriages of justice and a government agency rife with internal conflict, lack of leadership and suffering serious internal divisions.
But what does this have to do with Annie Bradley?
Well, let’s start with the basics. A lifelong resident of Utah County, the last year and a half has been an exceptionally difficult time financially for Annie her family. In a situation becoming all too common in America today, with the mortgage market in shambles, and the credit industry in upheaval, Annie and her family are in the middle of an unplanned move. The guests in her home Tuesday night when she was arrested, were negotiating the purchase of several pieces of furniture to be sold along with their house.
The previous success of her husband’s small business Race Holdings, LLC—which had enabled the family to move from Springville just a year and a half ago into their dream home on the west side of Mapleton—has become a thing of the past. With no business income to speak of for most of the past year, the family has been living on food storage, modest financial reserves, and the hard work of the entire family to bring in whatever they can. Randy has recently taken a job working over six hours away from his family, in Montana.
The Bradleys however, are no strangers to hard work or sticking together. Generations of both sides of the family have made a living at hard work in Utah, with no troubles or run ins with the law and no questions about their integrity or reputation. What they are unable to comprehend however is in the midst of these difficult circumstances, why was Annie Bradley arrested, handcuffed and taken from her family in the middle of the night.
What would cause the Utah County Sheriff’s office, in conjunction with Federal Agents, to surround the family’s home as if they were conducting some kind of undercover sting operation? Why would law enforcement arrest a stay-at-home mother in the middle of the night when it’s almost impossible for the family or friends to reach an attorney or to get access to cash for bail?
The charges made against Mrs. Bradley, according to the affidavits and other documents provided by the Utah Division of Securities allege that Annie was involved in committing securities fraud against her neighbor. The Bradleys dispute the charges. Annie Bradley never worked for her husband’s business and was never an employee or manager of the company.
The neighbor, Mrs. Wendy Hendry, who owns and manages her own real estate related investment company loaned $30,000 to Race Holdings, LLC in June of 2007. The loan from Mrs. Hendry’s company to Mr. Bradley’s company, was a high interest loan charging 36% annual interest. According to banking records the entire loan plus interest and fees was repaid in full by Race Holdings in November of 2007. No subsequent business was transacted between the parties. Annie Bradley had nothing to do with it.
So what were the grounds upon which to make such a dramatic arrest of Mrs. Bradley? Apparently, Annie was arrested as part of a legal strategy related to another case being investigated by Securities Division Enforcement Director Michael Hines under the direction of his superior Ms. Francine Giani the Executive Director of the Utah Department of Commerce. Their plan was evidently to increase pressure on Annie’s husband, Annie’s friends and some of her husband’s former business associates related to another case.
Substantiating the chain of events is a reputable and prominent Utah County securities attorney who has represented clients and worked directly with the Utah Division of Securities for more than a decade. FCD has obtained multiple audio recordings substantiating the shocking reality behind Mrs. Bradley’s arrest, but has been asked not to reveal the identity of this attorney for fear of reprisal and other consequences from the Utah Government.
Apparently Mr. Hines believed that Randy would do “just about anything” to keep his wife out of jail. In the recordings obtained by FCD it is revealed that Mr. Hines’ intention was a strategic decision to implicate Mrs. Bradley regardless of her actual involvement in any suspected wrongdoing, in order to bring pressure on her husband to “turn State’s evidence.”
Hines reportedly explained,
We have to put maximum pressure on people…and if Mr. Bradley can’t provide me information that would help me then we are going to charge them both The information that would help is for Randy to say contrary to that whole affidavit basically, to say he received misrepresentations.
In the same conversation Annie and Randy were told that if Randy wasn’t able to provide the information he was looking for, Hines intended to follow through with his threat to put Annie in jail. At one point in the conversation Mr. Bradley can be heard asking,
“What if there isn’t any information?… I would have to commit perjury to say that.”
The formal audit released to the public after several complaints about these kinds of abuses, explains that obtaining cooperation or even false confessions under the threat of jail time is a “Division Tactic” where investigators attempt “to coerce cooperation by intimidating and threatening that the person would be arrested.”
At one point in the recordings it is revealed that in an earlier conversation with Hines, prior to her company even being repaid, Mrs. Hendry was uncomfortable with Mr. Hines agenda, insisting;
“We don’t care about the money. Let’s just rip up the promissory note.”
Even though Annie was not involved, even though her neighbor apparently did not want to complain against the Bradleys, and even though Race Holdings, LLC did in fact repay the full amount of the loan in question as per the written agreement, Michael Hines had another objective and it required that the case proceed against Annie.
According to Hines, he could charge Annie with a crime based solely on one conversation she had with her neighbor in church one Sunday. Evidently, during a short stretch of time in mid-2007 when her husband’s business had fallen behind on monthly payments Mrs. Hendry approached Annie looking for re-assurance that the debt would be paid. In defense of her husband, Annie reportedly replied, “My husband is an honest man, and he will repay this debt no matter what.”
That statement, innocently made by a spouse, in a Sunday church meeting, according to Hines, “constitutes an inappropriate statement or omission of material facts, and therefore constitutes fraud.”
The Bradleys are confused as to how Annie’s statement could be considered fraudulent, especially since her husband later did exactly as she had suggested, ensuring that his business repaid the very high interest loan, plus all interest and fees, as agreed. The Hendrys profited, according to FCD calculations, in excess of $10,000 in six months and received a full recovery of principal prior to the note’s maturity.
Answering the question of how such a situation could be construed as fraud, Utah Securities regulator A. Gary Bowen provided a rather lengthy but insightful explanation. He explains:
“People do not understand the nuance of securities regulation. Most attorneys do not…we can go after these people and we have been just overwhelmed by the filings, you get into my office I’ve got them practically stacked up to the ceiling and I’m not making this up and I’ve got them stacked all over the floor so we’re pursuing them…
“I’m going to recommend you look at section 61-1-1 which is entitled ‘Fraud Unlawful’ and you’re going to discover a definition of fraud that your average attorney is going to be totally clueless about…the nuance that the average attorney doesn’t get, whose competent in real estate, competent in corporate or business law, competent in contract law, is the mere omission of a material fact… do you know what the implication of fraud is, criminal prosecution, time in jail!”
Mr. Bowen who according to his own representations has been charged with advising Utah citizens and business owners about how to avoid breaking the law for more than ten years, later admits that its impossible to pin down what might be construed as “fraud” if the government wants to press charges. He continues,
“If you look at our definitions section, I’ve been working for this for years and read it a number of times but it really sunk into me here this summer when I was reading it and talking to someone like you, you go in and read the definition actually under 61-1-13 of fraud, and its one of those things that you say, well, what does that mean? The answer is, I don’t know.”
With a definition like this, its no wonder that Utah has become known by some as the “fraud capitals” of the West. Mr. Bowen’s advise boils down to a simple axiom. If the government thinks it is fraud, its fraud.
Even experienced attorneys, according to Mr. Bowen, can’t understand what the enlightened public servants in the Department of Commerce might allege. Or, in short, all Utahans should be very careful when discussing their spouse’s integrity in church on Sunday.
As 2008 rolled around, the Bradleys lived with the daily uncertainty and fear of being charged with fraud as a result of Mr. Hines strategy. It didn’t seem to matter that both parties agreed the loan had been satisfied and that Annie Bradley had nothing to do with it, other than being married to the business owner.
At one point Randy reveals that the stress became unbearable.
“I came close to considering saying whatever Mr. Hines wanted me to say if it meant it would keep my wife out of jail. I decided against it, but I couldn’t trust Hines anyway if he was willing to build another case based upon a lie.”
But this past February things started to look brighter from the Bradley’s perspective, when Utah Securities Director Wayne Klein was forced to resign because of scrutiny being placed on the Securities Division for its alleged abuses. The Bradleys along with many small business owners in Utah hoped a new Director would be more just in his oversight of the Division and more effective at reigning in employees like Hines.
Lying, by “any person” during a proceeding under Sate Securities Laws is a 3rd degree felony. While Randy decided against going along with the enticements of Hines, Audit Manager Tim Osterstock’s performance audit of the Division clearly documents that the Division had been engaging in deceptive practices, evidently believing that government employees are exempt from the requirements of the law.
“The division has, at times, violated the terms of its settlement agreements. In one case, the division agreed to not publicize the action or commence further administrative actions and then violated both terms of the agreement. The person accused told us he felt compelled to plead guilty to a lesser criminal charge rather than place his business in jeopardy defending a greater charge. The division agreed to not seek additional charges but nevertheless pursued an administrative action. The respondent then signed the settlement agreement after the division agreed to not publicize it. However, the day the settlement was signed, the division publicized the information on its web page and also published the information in its newsletter the following month.”
The audit also revealed that the Division made false allegations against innocent businessmen as part of its coercive tactics, obtained false confessions and false settlements by threatening citizens with arrest and jail time, and that the State of Utah had been violating its own legal settlements with impunity while Department employees escaped criminal investigation for such activity that clearly violates State law.
With this information now public, the Bradleys anxiously waited for the government to take action to reform the Department. They also continued to correspond regularly through their attorney with the Division of Securities and specifically with Securities Division attorney Scott Davis who works for the Utah Attorney General’s office.
Mr. Davis corresponded multiple times with the Bradleys about resolving the civil concerns raised by the Division, but never informed the Bradleys that they were in eminent danger of being arrested or criminally charged. Things seemed to be looking better for the Bradleys, and they were hopeful they could soon put this troubling ordeal behind them.
Then, out of the blue, new rumors began circulating of the Bradley’s pending arrest. The rumors came from the most unusual of places. For some unexplainable reason in early August of this year, Mr. Hines called Ron Hendry and explained that the Bradleys were being charged criminally and would soon be arrested.
“I didn’t know what to make of it,” said Randy about the phone call from Hines to Hendry. Mr. Hendry subsequently began sharing the information with other Bradley neighbors including their religious leaders.
Although the Hendrys had profited handsomely from their transaction with Race Holdings, Mr. Hines, in very questionable legal territory, evidently had some reason for giving them a “heads up.” As it turns out, Hines had told the Hendreys that they were witnesses, as victims, in the now criminal case against both Randy and Annie.
Hines, according to Ron Hendry, had been in contact with them seven our eight times throughout the months of June and July. During this same time, the Bradleys unsuspectingly continued to hope things were getting closer to being resolved.
When Randy received a surprise phone call from his local Bishop asking about his pending arrest, he wasn’t sure if Ron Hendry was just spreading gossip, or if the strange collaboration between he and Hines were actually fact. So, through their attorney the Bradleys went straight to the government. They contacted Scott Davis of the Utah Attorney General’s office. Randy explains,
“I thought we were working things out. Through our attorney we were in regular communication with the State. They are the ones who postponed our last meeting. Through our attorney we contacted the Attorney General’s office and Scott Davis, the man we were told was the attorney for the Division and he acted surprised and claimed he knew nothing about any criminal charges. He acted completely embarrassed and didn’t seem to know what Michael Hines was up to.”
Seeking to defend herself and her Department, once the audit was released, Francine Giani publicly insisted that her Department had taken all necessary corrective action. However, one of the major indictments in the audit was that Giani’s staff was repeatedly in violation of Utah State law related to how the State’s lawyers from the Attorney General’s office were being ignored as the Division pursued its own agenda. The audit reads in part,
“[S]taff from the AG’s office are assigned to represent the division. Securities law states “The attorney general shall advise and represent the division and its staff in all matters, administrative or judicial, requiring legal counsel or services in the exercise or defense of the division’s power or the performance of its duties” (Utah Code 61-1-21.5). There have been conflicts with both how the former director utilized the attorneys representing the division and the level of authority the attorneys should have in defining division activities. In some cases, it appears the former director assumed the role of the attorney.”
Despite the Attorney General’s office claiming that they knew nothing about criminal charges or arrest warrants, to the shock of Annie, Randy, and their attorney, such warrants were indeed issued. Randy was arrested on August 29, 2008.
After Randy’s arrest he worried that his wife would be next. Through their Attorney, the Bradleys made an agreement with prosecutors that with Randy voluntarily returning from his job in Montana, surrendering to the Utah County Sheriff’s office, and providing the required $10,000 bail, the warrant for Annie’s arrest would be withdrawn. A few short days later however, local and federal agents were surrounding the Bradley’s home and in almost no time, Annie was in jail.
“I told them that we had already taken care of things,” says Randy.
“I begged them not to take her. I explained that the prosecutor had agreed to release the warrant for Annie’s arrest since I cooperated and posted $10,000 bail. The Deputy told me that he believed me, but since I had nothing to prove it, there was nothing he could do. I wasn’t angry at the Sheriff’s office, they were professional and doing what they were supposed to do. But, who is going to stop Michael Hines from ruining people’s lives while he does whatever he wants? That is what makes me so angry. He doesn’t care about my wife, my kids, or our family.”
So, how and why was Annie arrested so dramatically this past Tuesday night, even after the prosecutors had agreed to release the warrent for her arrest? Why didn’t the government follow the usual procedure when dealing with reputable citizens, not charged with violent crime, having no past criminal history, and just deliver a “Summons to Appear?” Evidently, that wouldn’t work for Mr. Hines strategy.
Annie Bradley was arrested because Randy and Annie had the courage to resist Mr. Hines for almost a year. That, evidently, is just not acceptable to the State of Utah, Department of Commerce.
It’s not just the Bradleys who have had to make this tough choice. The pattern of unjust enforcement by the Division of Securities is revealed unmistakingly in the formal audit results, but Ms. Giani and her boss Utah Governor Jon Huntsman Jr., have neglected to address the gravity of the situation. Certainly, Ms. Giani and the new Securities Director Keith Woodwell have failed to reign in Hines and others engaged in the abusive practices.
The actual truth related to Annie Bradley’s arrest might have never come to light except that a number of individuals, attorneys, businessmen and even Department of Commerce employees have grown weary of this unchecked abuse and have begun using audio recording’s to try and help document this behavior.
The recordings obtained by FCD are a collection from multiple sources, and cover a multitude of cases. These recordings, and hopefully others yet to be provided to FCD by interested citizens, are beginning to serve as a powerful tool to provide critical insight and political leverage to address this rogue government agency reeling from criticisms, rife with internal conflict and desperate to cover-up its own current and past misdeeds.
Nevertheless, some bureaucrats can’t seem to understand how persecuting small businessmen in Utah (and their wives) is the same as persecuting normal families. Some government officials can’t seem to understand how unjust it is to have a government agency justify their supposed administration of justice with lies, cover-ups, excessive force, coercion and deceit.
Annie Bradley’s arrest is one more revelation in a series of events alerting Utahan’s to the very real consequences of a corrupt government agency, the conduct of malicious bureaucrats and an incompetent government appointee—Francine Giani—who seems more worried about the appearance of “protecting investors” than she is about following Utah’s laws and protecting all Utah citizen’s civil rights.
The Bradleys have now had to come up with $20,000 cash bail so that they could continue remain free to take care of their family while continuing their fight against a corrupt government investigation. This amount pales in comparison to the mounting legal costs they’re incurring in a legal circus that could last many more months if not years.
But, instead of heaping added difficulty on their heads, the State of Utah should be issuing the Bradleys a sincere apology as part of its first step to clean up the seriously damaged reputation of the Utah Government. We should all be grateful for families like the Bradley’s that stand up to corruption, that work constantly to provide a good life for their children, that conduct an honest business, and do all they can–even if they’re late on payments—to always pay their personal and business debts as agreed.
“This has probably been the most difficult emotional thing that has ever happened in our lives, but we’re going make it through,” says Randy, soberly. “Annie has said that if this is what it takes so that someone will finally put a stop to people like Michael Hines, its okay, I’m okay with it.”
In the face of America’s current economic difficulties it seems like the Executive Branch of Utah’s government has somehow forgotten the virtue of families like the Bradleys and the responsibility to protect all Utah citizens equally. It is, after all, small businessmen and women, along with their families, who regularly take risks and assume responsibilities that creates more jobs, deliver more services, and add more value to our community than any government appointee and her bureaucrats.
Despite Mrs. Giani’s public assurances, there is an obvious problem in the Utah Department of Commerce. Evidently this problem extends all the way to the head of the Executive Branch into the office of Governor Jon Huntsman.
Despite calls by numerous state legislators for the removal of Ms. Giani and several of her remaining staff; and despite the multitude of problems revealed in the recent performance audit of her Department; and finally despite even the personal appeals made directly to him from Utah’s own Attorney General for her firing, Governor Jon Huntsman (who is the only elective oversight provided by State law over Francine Giani) seems to share the philosophy of Giani and Hines, namely, that innocent people being wrongly accused is simply a price Utahans should get used to paying if they expect the government to do its job.
That’s an interesting theory of government. No matter how nice, pleasant or polite Governor Jon Huntsman, Jr. comes across — there is no mistaking that he was not elected to simply look good in office. Hard decisions sometimes have to be made, and in this case, when dealing with the Department of Commerce, the direct action that needs to be taken just isn’t that hard to discern.
Tyranny, at any level, only works for so long. What is happening in the Utah Department of Commerce is wickedness; there is no way to skirt around the issue. A full audit of all divisions within her stewardship will reveal even more succinctly that it is time for leadership in the Governor’s office, in the legislature, and in the judiciary in dealing with abuses like the Giani’s absurd, forceful, and dramatic arrest of Annie Bradley.
This problem will come to a head and the unjust, and in some cases criminal, activity of government bureaucrats along with the startling incompetence of executive management in the Department of Commerce will ultimately cost some politicians and employees their jobs. Someone with courage will ultimately step forward to address and correct the very serious problems.
In the mean time however, the dirty politics and renegade operations of the Utah Department of Commerce will ensure that more Utah families like the Bradleys will be trying to explain to their small children why mommy or daddy was dragged away in handcuffs, in the middle of the night.
It just doesn’t seem like America.
September 5th, 2008 at 8:27 pm
Wow! What a profound and painful personal experience! It is experiences such as these that should cause each of us to reach deep inside and fight with all we have for freedom, justice and an end to tyranny. The Bradleys made their choice. Will we do the same? Will we each choose to be free?
September 6th, 2008 at 6:31 am
A more disgusting display of cowardice I have not witnessed in real life. Are we living in America? More like Nazi Germany or Stalinist Russia? I am appalled and disgusted.
Utah is the most conservative state in the union? People, if this statement is even remotely true, we are in a whole lot of trouble! However, I do not believe it. Utah is nowhere near conservative. And it is time this state wakes up to the sickening reality of its condition and begins to make a change.
September 6th, 2008 at 2:22 pm
[...] Daily Rogue Agency Arrests Stay-at-Home Utah Mom September 5, 2008Imagine you’re Annie Bradley, a married stay-at-home mother of eight. Two weeks [...]
September 6th, 2008 at 6:32 pm
I thought Francine Giani and her Department of Commerce was audited and was found guilty in June it was published 0n July 3rd get these guy’s out of there already!
September 6th, 2008 at 11:05 pm
So clearly a major problem exists. What can be done? How can the average Joe help?
September 6th, 2008 at 11:15 pm
Eliminating habeas corpus, spying on Americans without warrants, lying America into elective wars, torture of prisoners, and now this. Is this part of the Republican ”vision for America”?
September 7th, 2008 at 4:10 am
Infuriating doesn’t even begin to describe this story. And to know that this is not an isolated incident nor unique to the Department of Commerce reminds me of just how far down this road we have traveled.
So what are we going to do? Because this story is so compelling it provides a tremendous opportunity to awaken others to the cause of freedom. Those who are otherwise asleep may be moved to action by the blatant oppression of others.
The question for all lovers of freedom, especially those of us who call ourselves “FreeCapitalists” is not “What can I do”, but rather, “What am I going to do to help fix this problem”.
I hope we will not be “lip service giving do gooders” with this issue. Let’s write. Let’s talk boldly. Let’s mastermind this issue and create some value for ourselves, the Bradley’s and the world.
September 7th, 2008 at 4:14 am
Randy, we are all praying for you and your family.
September 7th, 2008 at 4:21 am
This is appalling at so many levels! We can not under estimate the danger that we face where the wicked unveil their power by pointing guns aimlessly at the innocent. How can we stand as defenders of freedom and allow these vicious violators of rights be at the helm of our state?
September 7th, 2008 at 5:37 am
I’m speechless.
Has there been any local media reaction to this story? Any journalists willing to publicly display these atrocities? Seems like we need to circulate the news a bit more to apply some political pressure and get this woman booted out of government leech work.
September 8th, 2008 at 12:48 pm
A State Department giving order to arrest innocent citizens out of the blue, threatening people to go after their family members, putting pressure beyond measure on them by making false accusations — that’s all not new.
We’ve had it over here in Germany, twice in a row:
From 1933-45, that State Department was part of the Nazi regime, known and feared as the GESTAPO (Secret State Police); from 1945-89 the citizens of East Germany knew it as the STASI (Department of State Security).
Both of those institutions were enabled by their government to steal, kidnap, destroy, arrest and kill without any questions asked, neither before, nor afterwards.
Both of them had one and the same single goal: Spreading fear amongst the people in order to pave the road for ultimate government control.
In both cases, history reveals the ingredients for that kind of “pavement” consisted in the corrupted minds, ruined lives, torn-apart families and the dead bodies of thousands of innocent men and women.
Parts of my country suffered from that kind of tyranny for more than 50 years during the 20th century. There’s NO reason AT ALL why it couldn’t happen in America as well. But thank God, there are brave individuals like Annie and Randy and many others standing up against another tragic repetition of history.
September 8th, 2008 at 3:43 pm
Annie you are a true hero. May God bless you and your family. Thank you for your courage.
For my part, I just referred this story to the three main newspapers in the area. I hope they will pick up on this story.
September 8th, 2008 at 6:06 pm
It really pulls at my heartstrings to know something like this could happen to people that I know, admire, and love personally. I have learned that, in the midst of tragedies, there are always divine reasons why things happen the way they do, even if it seems pointless or difficult in the moment. My deepest gratitude and prayers are with Randy, Annie, and their lovely children.
September 8th, 2008 at 6:08 pm
This is appalling.
What can we do to help? Is there a petition put out, or some law suit against this specific case? I’d really like to see justice be done here, apart from the fantastic job you’re doing at bringing the dirty rags out to hang in the public.
September 8th, 2008 at 6:32 pm
[b]Local news of abusive government foreign to what we know and love of our United States of America[/b]
See my post in another group to empower you to do something about it and go there and become effective:
Slightly off topic, but just to not create an individual subject for every piece of news, I’m also using this topic as news for posting some local news of the state of the new nation we are becoming or rather the loss of the United States of America that we are abandoning.
I post this us to us as a call for our political action and for us to know that abuses are not just something that happens to someone else far away — it happens right here in Utah and it will come to you and your family, so [color=red][b]let’s become politically organized and effective to prevent further straying from our Constitutional republic form of representative self-government BEFORE it is too late. [/b][/color]
[url=http://ronpaul.meetup.com/365/messages/boards/thread/5384460#20974138]Rogue Agency Arrests Stay-at-Home Utah Mom[/url]
RonaldHLevine@gmail.com [:D]
September 8th, 2008 at 7:04 pm
Even after hearing about this from Jason Vaughn on Thursday night, I was unprepared for the brutal reality of our situation as laid out in this article. I was so incensed that I wrote a page long letter demanding that these thugs (Hines, Giani, Klein, etc.) be fired and/or prosecuted for their felony crimes and sent it to Governor Huntsman, the Lt. Governor and my State Representative and State Senator. I think that if we can get enough people to write these people that maybe they will finally see that we, the people, are fed-up with their abuses and will finally do something about it.
September 8th, 2008 at 7:04 pm
It smells & sounds just like ‘Secret Combinations’! Ironic that such tyranny takes place in this state with the largest population of a religious people being forewarned in LDS scripture about what happens to societies which uphold such wickedness! I firmly believe that such unlawful acts by such people who supposedly represent law & justice, such as think they have a ‘little authority’ as they suppose, are only creating marters which in turn will bring down upon themselves the Eternal Justice of an offended God! Sounds just like the events which unfolded themselves time & time in the Book of Mormon, and good people had to watch others suffer so that true justice could rightly and justly condemn the guilty! Why invoke religion? Because these people act like ‘Gods on earth” becoming a law unto themselves, they must know that the “Lawfull” God of this world will soon judge them upon the unchanging Laws of the Universe, including the Golden rule! Amen to all the comments made! I belive that this is pure injustice and along with the many other sad stories I have watched Rick Koeber report on, or seen first hand, I am reminded that when the Great Jehova comes again to some it will be glorious, to others such as who are a law unto themselves it will likely be like there actions ‘like a thief in the night’ And I am afraid bail will be much higher for them!
And to Annie & Randy Bradley whom I consider life long friends may God Bless You and your family! We will pray for your deliverence!
Frank T. Reilley
September 8th, 2008 at 7:13 pm
I am appalled…Communism here we come! And in UT of all places. I have lived there and do not expect perfection. I DO expect that people would be MORE cognizant of Communist tactics, not less. That is what this is, clear and simple. You do NOT arrest a mother because her husband may be guilty. UNless it is an exchange of THEIR choice…not leverage for information….
September 8th, 2008 at 8:10 pm
This reminds me of what my poli-sci professor asked our class at BYU way back in 92′ “Who is Government” after what seemed like a sea of incorrect answers the Professor kindly stated the obvious truth, “you are”. The Federalist papers wrote about the dangers of this type of circumstance, one where representation simply would become corrupt without the mental and social excercise of her people. you need to question, if you don’t you deserve the outcome. these people are subject to a standard you and I enforce daily why be surprised? there is a reason our current administration took over fanny mae and freddie mac and it wasn’t because it wanted to, it did it because those institutions could no longer be trusted to civil representaiton. ie. (we have no morals as a scoiety) if you don’t like socialism, communism, etc… than re-enforce the rule of law. capatilism only works when all parts of our american body are represented.
So what are you people going to do about it. our voting record (Utah) is like a single check box for one party. I think it is time for us to stop blindly voting for the defacto and start considering the individual issues, it is a lot of work and some of us feel like there is not enough time in a day to understand it all but ask your self this, why did all those men die face down on a crapy beach in france? how cold was valley forge? do you really think our church would have a chance today, or do the recent events in Texas resolve that question? what we have is fragile not strong. what we have is quickly leaving us and the U.S.A. in 2008 seems a lot like Rome 328AD.
If you don’t like what’s happening to these folks than vote in people that protect your rights. Vote for term limitaitons, vote for lobbyist exposure and financial trail discovery, vote for senate oversite on contribution and futures markets. our founding fathers created a unique balance of government for a reason, they knew as I do, that it was corruptible. If you don’t like what you see than blame yourself or do something about it.
September 8th, 2008 at 8:28 pm
(with corrrect spelling)
This reminds me of what my poli-sci professor asked our class at BYU way back in 92? “Who is Government” after what seemed like a sea of incorrect answers the Professor kindly stated the obvious truth, “you are”. The Federalist papers wrote about the dangers of this type of circumstance, one where representation simply would become corrupt without the mental and social exercise of her people. you need to question, if you don’t you deserve the outcome. these people are subject to a standard you and I enforce daily why be surprised? there is a reason our current administration took over fanny mae and freddie mac and it wasn’t because it wanted to, it did it because those institutions could no longer be trusted to civil representation. ie. (we have no morals as a society) if you don’t like socialism, communism, etc… than re-enforce the rule of law. capitalism only works when all parts of our American body are represented.
So what are you people going to do about it. our voting record (Utah) is like a single check box for one party. I think it is time for us to stop blindly voting for the defacto and start considering the individual issues, it is a lot of work and some of us feel like there is not enough time in a day to understand it all but ask your self this, why did all those men die face down on a crapy beach in France? how cold was valley forge? do you really think our church would have a chance today, or do the recent events in Texas resolve that question? what we have is fragile not strong. what we have is quickly leaving us and the U.S.A. in 2008 seems a lot like Rome 328AD.
If you don’t like what’s happening to these folks than vote in people that protect your rights. Vote for term limitations, vote for lobbyist exposure and financial trail discovery, vote for senate oversight on contribution and futures markets. our founding fathers created a unique balance of government for a reason, they knew as I do, that it was corruptible. If you don’t like what you see than blame yourself or do something about it.
September 8th, 2008 at 8:39 pm
What kind of a state government is this anyway? If what is stated is true, the Utah Commerce Dept. must be made completely accountable and the people that lead this NAZI style of raid must be confronted. That includes the people who instigated this arrest should be fired.
September 8th, 2008 at 8:43 pm
I agree with Annie, “..if this is what it takes so that someone will finally put a stop to people like Michael Hines, its okay, I’m okay with it.” All of us should take action to abolish all corruption in our communities. We should defend what’s right to keep our freedom for good!
September 8th, 2008 at 8:59 pm
If you have not read “The Law” by Bastiat yet, go get it today! The fear being spread by “those with the guns” has reached new heights. Two months ago, my construction loan was suspended in the middle of building a large home by State of Utah auditors who literally threatened the credit union with losing their charter if they didn’t suspend every stated income loan. Then, the same “guns” come back to the small banks and demand to buy back those same assets at 40-60% LTV. Scary stuff.
September 8th, 2008 at 9:01 pm
Annie and Randy I feel for both of you and your kids. I wish I were home to assist you in some way. This sickening story is very similar to some of the terrible stories I have heard of Taliban governance here in Afghanistan. Under that Taliban people are guilty by accusation. I am glad we haven’t got to the point in Utah were Giani is the executioner too. But if something isn’t done we could be heading down that road. I know Annie and Randy very well I even wrestled Randy on the floor in our office once. He may be a smaller guy but he is pretty tough. If this could all be settled on the wrestling mats Randy and Annie would have definitley won. Let me know if there is anything I can do to help and I will do whatever it takes.
Your Friend
Paul
September 8th, 2008 at 9:13 pm
So, what do we do about it? Who do we write / petition? How do we get this abuse to stop?
September 8th, 2008 at 9:16 pm
THIS IS NOT THE ONLY WAY THAT THIS STATE IS CORRUPT IN IT’S ARRESTING AND PROSECUTING AREAS! My spouse & I also suffered at the hands of the State while living in Utah County due to financial devistation following 9/11.
We were told by several attorney friends (not licensed to practice in the state of Utah)who looked into our case, that someone with a lot of power was out to get us & it was obvious they didn’t care how!
I personally couldn’t understand as we weren’t aware of EVER having ‘enemies’ - though I’d always spoke my truth and was very active in voicing my opinion about things, openly.
3 years later, when we could finally afford a REAL attorney, we found someone who had been in the prosecuting office at the time we were arrested and charged — he stated that if our case had come across his desk at that time, he would have dismissed it without further notice as it clearly wasn’t warranted & it was obvious no crime had been committed!!
Mind you, this didn’t stop the pain or financial loss we suffered during that 3 years of prosecution but it helped to know that someone else (who’d been in power) knew we were innocent!!
Then this past year our son (a middle aged adult) was falsely accused of a crime - HE IS INNOCENT - when arrested in SLC county they said he was being taken in for questioning — 3 days later his Dad & I found out (there was no way for him to contact ANYONE because of the way they handle things at the County jail) - then we tried to see him asap, to let him know we wouldn’t let him get railroaded the way we had been and with the games they play at the county jail — it was over 7 days before I was able to see my sons face!! He was kept in that jail for over 3 weeks, before being arranged to get him released, even though we got an attorney hired to represent him! There is NO priors of ANY KIND and no history whats so ever of what he’s being charged with - his record was spotless (just as my spouses and mine were prior to our incident!)
When we finally we able to get him released, still not legally charged; the conditions of his release were such that he HAD to phone in daily to pretrial services, take a weekly required class, etc. WHEN HE HADN’T EVEN BEEN CHARGED WITH A CRIME YET!!! WHAT HAPPENED TO INNOCENT UNTIL PROVEN GUILTY IN THIS COUNTRY?? It no longer exists, especially in UTAH!! He is still suffering through this damn supposed justice system.
WHEN WILL IT ALL STOP??!!! Don’t think that it’ll never happen to you — there was NO reason for it to happen to US, our son or this family in this report — BUT IT STILL HAPPENED!!!
September 8th, 2008 at 9:51 pm
Remember when your word was your bond, a reflection on you character? I am constantly dumbfounded by the legal system that protects agencies and corporations that regularly commit extortion. Don’t get me started on the RIAA, but what the DOC is doing here is a classic definition of extortion, yet the loose definition of fraud is allowing this to continue. This is wickedness, and this is corruption in the name of the government that provides so-called freedom. Removing any amount of freedom from one person for the greater good is not acceptable. No free American should ever have to be legal cannon fodder to preserve the government’s capacity to govern. That is what the soldiers who die defending America do for the rest of us. It is our responsibility to vote in people who will govern effectively, and use right and wrong as their party line. In Utah, apparently this isn’t happening.
September 8th, 2008 at 9:52 pm
My oh my - at first glance I was suspicious, like the headline was somebody’s attempt at shock to get you to read further. But the more I read, the more I couldn’t believe it was really true. Even to the end, I’m shaking my head that this happened in our own backyard and we never heard a word about it from traditional news sources.
I want to apologize to the Bradleys, but that should not be necessary. This is abominable, unforgivable, inexcusable, and an obvious abuse of government funds (my money, your money) to surround a home in this manner. Unjustified power on display … for what? for whom? Where do we solicit for audience to hear this travesty? to correct this abuse of power?
September 8th, 2008 at 10:41 pm
I think there is a significant lack of detail provided here. Before reacting to this story, which obviously appeals to the emotions (is the headline reference to a “stay-at-home mom” relevant?) there are a few questions I would ask.
1. Who relayed this case to Hines in the first place, and why?
2. How did Hines even become aware of Hendry? How was Hendry even implicated as a “witness” if the only interaction related to the case was a brief conversation at church?
3. Could the Bradley’s or Hines really expect a judge to even hear a case based on a statement such as Annie’s? Seems like something is missing here.
4. It is stated that this false case was contrived in retaliation for the Bradley’s fighting the government on some other charges. What charges were those, and what was their result?
That the SEC has been shown to be plagued by corruption and mis-management does not imply that its every action is corrupt. The general does not prove the specific.
I make no judgment either way - only reserve judgment until more information is presented.
September 8th, 2008 at 11:42 pm
Andrew,
I disagree, I think the detail is more than sufficient to make the point that an injustice has occurred. But your comment is fair and asks fair questions.
In answer to your question #1-
The problem is there are at least two cases. A few people in the Dept. of Commerce made up their mind early, based initially off of real estate rumors and my billboard campaign that I was engaged in wrong doing through my “companies.” There was no complaint, and no evidence that I had violated any rule or law. The gov’t has admitted that repeatedly. So, that is case number 1 - which is a subtext or context for this article.
Case #2 - is that Wendy Hendry who is the Bradley’s neighbor, and her husband Ron, are the ones who initially contacted Michael Hines about the Bradley’s. Wendy, evidently had seen Robert Paisola’s information in the Internet and were concerned her friends were involved in a scam. So she contacted Hines. Hines evidently assured them that he was out to get me, and they provided the info about their businesses loan to the Bradley’s business. This is the origination of case #2. Despite, having no case, the Hendry’s are now being used as witnesses against both Bradley’s, despite having been paid as agreed. This is the broader subject of the article.
In answer to your question #2 -
All of it is answered above except the last part. Annie and Wendy had many conversations as friends, I just used the one that Hines pointed out to me as his example of fraud on Annie’s part.
In answer to Question #3 -
Well a judge will have to hear it. But, the better question is, why did Hines bypass the statutory channel of the administrative action. The Division of Securities filed an action against Randy and Annie (a civil action) and the Bradley’s attorney was working on this through Scott Davis (AGs Attorney for the Division) and an administrative law judge was assigned to the case. Problem is, the order had huge holes. Funny thing is that Davis didn’t seem to know a thing about the criminal charges being filed. This is what the AUDIT says about the division. Its just “do whatever you want” around there. If Hines is getting what he wants from one agency or division he just shops around.
In answer to question #4 -
I don’t think you got it quite right. What the article argues is that the Bradley’s are being punished for standing up to Hines. Hines wanted Randy to testify against me. When Randy said that what Hines was asking for would require “perjury” because it would be false, Hines apparently responded “Well then you have nothing to offer me.” What the article suggests is because the Bradley’s wouldn’t go along with Hines strategy - he is using maximum pressure to change their mind. This also is a “tactic” uncovered by the recent audit.
To my knowledge, the SEC (which is a Federal agency) is not involved in this, at this point. I know there were federal agents present when Annie was arrested but I believe they were FBI, which is consistent with Hines MO. He often uses/works with FBI to do research in cases like this.
Finally, in regarding to not proving the “specific” you missed the point. I was not trying to “prove” the Bradley’s innocence, though I do believe they are innocent. I was trying to prove that Arresting Annie in the middle of the night with a felony arrest warrant - was not about justice it was about intimidation. EVEN if someone were guilty of a technical violation of state law, the way her arrest was handled is disgusting and problematic for liberty. This is also addressed in the audit, where the DIVISION uses the media and other avenues to damage a person’s reputation - which constitutes punishment PRE-TRAIL. In Annie’s case, if a charge was being made, certainly a SUMMONS to appear would have been sufficient.
FINALLY, you also missed the point that the PROSECUTOR had already agreed to RANDY as part of negotiating his situation to RELEASE the warrant for Annie’s arrest. This too is covered in the audit where the STATE is making agreements to get what it wants - and then breaks those agreements with impunity, sometimes planning to do so in advance.
September 9th, 2008 at 1:52 am
The question in my mind, is what steps would be necessary to bring the perpetrators of this abuse of power to justice for their crimes?
September 9th, 2008 at 2:11 am
This kind of crap is a total joke. We need to start resisting, its the only way it will change and the founders knew it because they LIVED it.
September 9th, 2008 at 2:24 am
Thanks, Rick. I was not aware their case had any relation to you, as that was not specified in the article.
I’m still curious how the warrant was obtained for the arrest of Annie, though. Can you shed any light on that? For what cause was the warrant issued?
Does the division have judges in its cadre, too?
September 9th, 2008 at 5:32 am
This is why I am running as a Utah State Representative. The People of the United States and our state of Utah must take a stand for truth and good government.
September 9th, 2008 at 9:32 am
Unfortunately these things are going to occur more and more as we allow them to happen. The questions we should ask ourselves are
1. if i see an illegal arrest of someone i know to be good, true and honest, am i willing to stand with them and not be moved. Shouldnt our neighbours come out and demand what is going on to these good people.
2. If we see anything unconstitutional like these arrests and we may not know the person who is being arrested but we know it is happening illegaly and unconstitutionaly shouldnt we stand by our fellow man/woman and help them?
Myabe these videos may help to see what we should do in the future if we see this happen and i can say that they will happen again and again.
http://uk.youtube.com/watch?v=__sXE9IyuY8&feature=related
http://uk.youtube.com/watch?v=pnNvPYz52cc
http://uk.youtube.com/watch?v=aoyn_doplUM
These are just some of what is happening to many.
Stand up for what we know is wrong and stand for truth and be NOT moved.
September 9th, 2008 at 1:12 pm
When those who are elected, appointed, or hired to enforce the laws of their community/state/nation turn instead to breaking the laws “in the name of the law” then folks, there is no law.
This is definately NOT the first instance of usurping official position for personal gratitudes… remember Randy Weaver? the town of Peebles Ohio? (oh wait that did not get press coverage) and others? Thank goodness no one was killed this time.
I encourage e-mailing, letter writing, calls to government representatives, expressing disapproval of what has happened. Interrupt their “routine business” with focus on righting this terrible wrong. There is a strength in unity, by showing our unity we show our strength.
When those who are charged with enforcing the law are breaking the law it is up to the people to take charge.
If not us, who?
September 9th, 2008 at 2:18 pm
Great work Rick on exposing this abuse!
September 9th, 2008 at 2:34 pm
“We have learned by sad experience that it is the nature and disposition of almost all men (esp. bureaucrats), as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion…” DC 121:39
How low has a man or woman sunk when he or she - using their positions of trust within government - are willing to violate mothers and children to obtain personal gain, influence or power?
? I have another story of the Utah Dept of Commerce and Utah State Government’s immoral indifference to the plight of one family and 80 thousand more Utah families (or individuals) like them who have been placed at mortal harm by another Government agency (which violates DOC codes). Yet Utah and its DOC Inspection Div Directors are indignant (even with overt contempt) to move a finger giving even a humane, simple courtesy warning to all these families that could suffer more damage and deaths without ever knowing why.
See the pathetic DOC response in the dialog of exchange between the harmed infant’s father and the Utah DOC Inspection Div Director “Communication with State Inspection Official” (http://www.emmasmith.org/EMailResponseToDanJones.htm) in http:DeadlyFumes.us aka http://AnielInTheLionsDen.us which is linked from the introductory website: http://ThreeFeetToDeath.us aka http://GassingAmerica.us.
All other Utah State (effective oversight) agencies including the Legislature, AG and Governor have been appraised of this hurt upon this one and potentially the other 80 thousand Utah (and National) families since February and March (over six months ago) — yet have done nothing to warn or provide correction for the 80 thousand families, if not fiduciarily responsible, they are at the least, morally responsible to protect.
Please help me get the word out to those innocent 80 thousand Utah families at least before they suffer more harm and deaths (in the will of contemptible individuals in commerce and Government) this winter.
Tom Rodgers, 801-298-9095, GassingUtah.us or com or GassingAmerica.us or com (to start)
September 9th, 2008 at 4:09 pm
I’m not sure which concerns me more; the police action itself or the amused looks on the faces of the audience who sat and did nothing.
Did anyone notice John Kerry saying “Let me answer his question” as the police were restraining him?
September 9th, 2008 at 6:01 pm
With such a one sided representation of evidence I’m hesitant to condemn anyone. At first glance it looks horrible, yes. But I’d like to see a bit more concerning the charges and facts. It is an uneducated person that believes all that he reads without verifying the data. I feel for the parties involved and wish them a just and speedy resolution… but let’s gather a bit more information before we get too heavy handed with our governing b