Rogue Agency Arrests Utah Mom
September 8, 2008 by C. Rick Koerber
Filed under FCD Opinion, Principle 02, Principle 07, Principle 10, Principle 11, Principle 12, Principle 13, Utah Gov't Corruption
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.
Annie Bradley's Arrest Photograph
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.
The entire Bradley Family
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.
Annie and her Husband Randy Bradley
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.”
Annie Bradley, targeted by Michael Hines
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.”
Resigned. Former Director Wayne Klein
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.”
Huntsman Appointee, Executive Director of the Utah Department of Commerce, Francine Giani
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.”
Annie and Her Two Daughters
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.
The Bradleys
Talk about unreasonable seizure… If they had a warrant, a Judge must have signed it. Who? Post his/her name everywhere and FIRE the traitor! In the days of Paul Revere the Judge would have been tarred and feathered (good thing we are more civilized now, but the judges should fear the people, not the other way around.)
Terrorism and tyranny all rolled into one. This type of thing should never have happened but this is what you get when you’re willing to put up with a government that robs us blind and was willing to kill it’s own citizens on 9/11 for political and financial gain. prisonplanet.com
This article and what appears to have happened to the Bradley’s doesn’t surprise me much after watching this movie last night: http://video.google.com/videoplay?docid=-1656880303867390173. We, as a COUNTRY, are definitely coming into some difficult times.
I agree with Richard M and Andrew Lavin. We only know one side of the story at this point. And it has been reported by someone who is involved in business relationship with the Bradleys and who has something at stake – Rick Koerber.
While I can certainly see law enforcement running over someone’s rights, I’m not going to make up my mind from reading this article until I have more information.
For those of you who remain eternal optimists about the greatness of America, maybe this will finally wake you up to a state of your “awful situation” (from Ether in the B of M) and how much things have deteriorated in the country. A government that permits this sort of thing against the Bradleys is capable of doing much worse. This is not an isolated, freak incident, it is more commonplace than most can imagine.
Freedom of speech does not mean you can say whatever you want without impunity. Lying is not by any means included in the right to free speech. Anyone who believes otherwise is grievously mistaken.
Michael Tanner,
The professionalism was in the way they carried out their orders. The excessive force was that they were ordered to forcibly arrest an otherwise law abiding citizen after normal business hours and not issue a summons to appear, which is the standard procedure for any other technical violation of law, like a speeding ticket.
In the case of a speeding ticket, they only issue a warrant for your arrest, if you fail to show up. In the case of Annie Bradley, she had been working with the authorities and had not failed to appear at any court. She was not an imminent threat to the community, and she was cooperating with the appropriate authorities within her rights.
This family should have armed themselves and killed anyone who tried to shackle their liberty, and illegally and unconstitutionally arrest Annie. All the thugs involved, are cowards and traitors. I’m sorry to say, we deserve what we allow…
Best wishes to the family and all concerned
Here’s one solution:
When you are next called to serve as a juror in a criminal case, remember this disgusting story of official abuse and ask yourself if it’s possible that the charges you are about to hear from the prosecutor are as flimsy, baseless and essentially dishonest as those made up against Annie Bradley.
Remember, it only takes one juror to hang the jury.
Prosecutors and judges, are you listening? Trumped-up charges for the purpose of intimidation of honest citizens undermine the government’s credibility. When you charge a citizen who is presumed to be innocent and try to take away his or her liberty, the people should be able to assume that you are doing it in good faith.
More incidents like this, and people will assume that criminal charges are mostly lies and bargaining chips.
Remember, it only takes one juror (in Utah or anywhere else) to hang a jury.
It has a ring of King Bush Executive powers and lies. I would say never to trust any part of our government anymore. Our country has been hi-jacked and we all need to stand up to this tyrany
I think the next boom business for America will be the manufacturing and selling of good quality rope. Government is the single largest employer in this nation, and it seems every level is infested with scum that deserve to have their necks stretched.
As much as I dislike Mormons, I dislike abuse of power by police/politicians even more. Why is this shit allowed to happen
Ha! Pretty amusing post, complete with comments!
“First they came for the poor blacks. Then the immigrants. They even got the poor whites. I didn’t care at all, as they deserved the worst! But then they came for me and my nice white family, using the very same methods. OMG! Somebody please help us!”
So well-off white folk get a taste—just a taste—of what the police really are, and everyone wants to freak out.
Guess what? This IS NOT a fluke. This is how the police operate ALL THE TIME. Just not normally to well-off white folk…oh I mean, as the cop said “Well, we don’t usually deal with nice folks like you.”
Hilarious.
What the nice officer meant to say was: ‘Usually we kick down the door and destroy families in the middle of the night, shoot a couple people maybe, definitely kill any dogs we find, attack and arrest and confiscate anyone or anything we want for any reason, and we always get away with it. But that’s across town, where poor people live. You nice white folk never hear about it. Sorry, but now it’s your turn. We need the money. Oh, and sorry but the entire judicial system is designed to destroy the souls of good people, just like you. Good luck!’
Stories like this is supposed to rally rich whites to “fix” the judicial system, but instead they use their wealth (financial and cultural) to beat the system. Next day, go back to railing against those worthless scum and supporting corrupt, incompetent police.
Remember the (white) mayor of some small town getting a SWAT invasion of his home? Oops, wrong house! Sorry about shooting your dogs!
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/06/AR2008080602495_pf.html
Anyone recall when they shot a (black) mother as she cowered on her knees trying to protect her child?
http://www.nytimes.com/2008/01/30/us/30lima.html
Ha. Ha. Ha. All your fake outrage is silly. Bad cops are bad cops, and wealthy, God-fearing, conservative white folk should join the chorus for change. No matter who they victimize.
Unfortunately there would of been bloodshed that evening if my home was targeted. I,m trained, fast and always armed. No One takes a member of my family. Sorry for the yes men who follow illegal orders.
Rick,
Having been on the receiving end of such abuse (not as severe)I am with you on the outrage but like others I was uncomfortable with the seeming omissions in the article.
Where can we find more information that will confirm the assertions that have been made?
Now what?? There was no call to action. No real info on what would be the most effective course of action. Give us something to work with!
I am on good terms with my legislator but am hesitant to ask him to get involved and end up with egg on my face.
If you choose to respond, please keep it succinct.
Mike
This should be national story No.1. When the people take back their God given rights and their God given land – the governmental parasites should look to this sort of abuse. When real men emerge with tar and feathers and clear the town squares for the needed guillotines (the French have done a few things well) then the people like the Bradley family will have justice. The bureaucrats be damned.
I have 4 questions for the people of Utah. 1) why have you not had an immediate recall election of your governor since he refuses to meet the commitments that the people of Utah entrusted him with? 2) Why have you not forced the elected representatives to change state law or the state constitution to provide the needed over sight for these people 3)Are your judges elected? Why are they not being the check and balance that they are suppose to be? 4) Why is there not massive public outrage and protest at the state capital? The only thing it takes for evil people to triumphant is for good people to do nothing.
Betcha a nickle they arn’t SDA
They are trying to ‘fix’ the system, not beat it. It won’t get fixed until utah residents call the governor’s office and the State Legislature and HOUND THEM DAY AND NIGHT to release her and others like her who have been unjustly accused, falsely arrested and harrassed just because they took a stand against the corruption.
You don’t like the injustice? What are you doing about it other than venting on a blog? Are you calling in protest? Or are you a cyber tiger, hiding in front of your monitor and keyboard?
Put your money where your mouth is.
One last comment: Not all cops are venal and corrupt.
Revolution II
I find this to be criminal. The entire government staff should be fired and charged with fraud (because, what they’re doing would be considered fraud by their own department, if someone else was doing it).
Reveal the names, start a revolution.
For all you who pretend to stay neutral on this story because you don’t have “all the facts” or “both sides of the story,” I am appalled at your lack of initiative to find out the truth. There is an overflowing scourge in this country and you are drowning in it. It is called lack of conviction. William Butler Yeats’ 1919 observation holds perfectly true with you: The best lack all conviction while the worst are filled with passionate intensity. Put another way a generation later:
Nothing can corrupt and disintegrate a culture or a man’s character as thoroughly as does the precept of moral agnosticism, the idea that one must never pass moral judgment on others, that one must be morally tolerant of anything, that the good consists of never distinguishing good from evil.
Ever wonder why the tyrants and socialists are kicking our butts in this country? Do they lack conviction? Do they sit around and wait for someone to GIVE them the other side of the story? No! They pick sides. They make up their minds, even if it is wrong. But a wrong-headed decisive person who is acting beats the living daylights out of a non-judgmental, sit-on-your-head-waiting-for-both-sides-of-a-story-to-present-itself-to-you-before-you-will-even-make-a-slight-muscle-twitch-to-stand-up-and-get-moving-attitude every-time. You people are worse than the socialists because you’re supposed to be the best among us but you refuse to pick sides! Why don’t you get off your lazy non-judgmental butts and take some initiative. Go find out for yourselves what the other side of the story is! And then do something about it. Here are a few suggestions.
1. Download the state’s audit report of this division and read it thoroughly and closely.
http://le.utah.gov/audit/08_07rpt.pdf
2. There are only two sides: freedom or tyranny (aka good or evil) Figure out which is which.
3. Pick a side and join yourself to it.
4. If you recognize good and evil for what they are, and you wish to join the good side and will fight for freedom, join the FreeCapitalist Project by going to a forum meeting in your area, tonight.
It is easy to blame everyone and everything (the Government, Bush, Police, etc.) when one person or a small group of people get a little power hungry and abuse their position. But let’s focus on the root of the problem. Not every person within the infrastructure is dishonest and abusive. Instead of naming groups and organizations, there is a need to single out the ones that are behind the scenes.
I have no personal connection or insight so I cannot vouch for the above article. But I personally have dealt a lot with the Department of Commerce in most all of the Divisions and this really surprises me of how far they carried out their “threats”. I personally could not get them to do anything when it came to enforcing regulations. They were so called “Over Worked and Under Paid”.
PRIME EXAMPLE OF THE ABUSIVE POWER: A Client of mine turned in the wrong paper at one of the licensing Divisions and the state employee with a title too big for his actual job (one of the problems is they give them these fancy job titles that get to their heads to what their job really is, a “paper shuffler and filer” more like it) actually threatened him 10 years in prison and a million dollars in fines. My client was ready to have a heart attack, as you may have imagined for such a simple mistake. NO crimes committed. In fact if anyone has to be blamed it is the Department itself because they did not properly instruct exactly which forms when he filed them. They gave him the OK. My reaction was “They can’t do that or even threaten to put you in jail because they are just a state employee and don’t have the power to. Now they can threaten to turn it over to the District Attorney who could.” My client said, “No, he said he is personally going to come down and arrest me.” It was later resolved by completing the right paper with no incidents.
There are no doubts that there are one or more people within the Divisions that abuse powers that they really don’t have. But try to go to the top and addressing this. They screen the calls and will not allow to talk to the Department Head and will not even transfer to their voicemail. They did take down my name & number but with NO return call. Surprise, Surprise. (I highly doubt it the Department Director even got the message.) And the Public Meetings are not really Public Meetings because they will not allow you to mention a problem, bring a proposal, and Heaven Forbid don’t say anything. So what is the point of a Public Meeting, if you have NO input?
The PERSON everyone needs to complain and demand some action is at top with the State Governor, Jon Huntsman. The infrastructure has failed and the Department Heads and Directors are either too lazy and don’t want to do their jobs to keep their employees under control or they are trying to protect their ‘Good O’Boys Club’. Either way this would be grounds for firing at any privatized company. Everyone is replaceable.
If anything, the attitudes at the Departments need to be changed. Try asking them to do their job what they were hired to do. For most, (I leave open a select few who actually just do their job) it is like pulling their teeth out. “Sorry I asked you to do your job”
THERE DEFINTLEY NEEDS TO BE A SHACK DOWN AND RESTRUCTURING WITHIN THE DIVISIONS
Many Voices are listened to than just One Voice.
Amen Jason. I might add; to those of you that have picked the side of freedom and are wondering why Rick or someone else isn’t telling you what to do about it, I would say why are you waiting for instructions. God gave you a brain, so use it. Talk to people you know. Exchange your ideas with those around you and a wealth of new ideas will present themselves. Take action in what ever means pleases you.
“For behold, it is not meet that I should command in all things; for he that is compelled in all things, the same is a slothful and not a wise servant; wherefore he receiveth no reward.
Verily I say, men should be anxiously engaged in a good cause, and do many things of their own free will, and bring to pass much righteousness;
For the power is in them, wherein they are agents unto themselves. And inasmuch as men do good they shall in nowise lose their reward.
But he that doeth not anything until he is commanded, and receiveth a commandment with doubtful heart, and keepeth it with slothfulness, the same is damned.” (D&C 58: 26-29)
What I don’t understand is why the people of Utah don’t stand as a group and toss out their lousy public servants, elected or otherwise, legally. Californians are about to do this to their present governor. Officials and bureaucrats who wrongfully or inadequately
fill their positions, especially those who use illegal and nefarious means to execute their duties against the citizens, just need the big boot of public ire to kick their butts right out of office and into thin air, hopefully to land in a place where they cannot hold public office ever again. Annie and Randy Bradley have more inner strength and a sense of justice than the officials of Utah have, at least that is how I see it. The state of Utah should be so embarrassed at its horrendous harrassment and false premises for arrest that it should pay double back to the Bradley’s for the legal fees they have had to spend.
Diane, the explanation to your question of why Utah won’t stand as a group against this element of tyranny has been referenced by the person who commented before you, Mike Schoenfeld. Too many people here aren’t using their brains. Most people here to at least some extent are too caught up with the worldliness, sports, and other elements of conformity. People are focusing on the things that really don’t matter in life. This is known as idolatry. They are prioritizing these things above true freedom and wisdom. Ignorance has swept this state as well as this nation, and because of it they are succumbing to the conformity of their culture, as well as the influence of the mainstream media, and the sophistry of our politicians. Refferring to LDS doctrine, we are becoming as bad as the Nephites did in their various times of prosperity and pride. But this won’t last. It never does, on the horizon we see our economy collapsing and things will only get worse, during times like this our fascist government will attempt enact even more injustice and totalitarianism as we have seen happen to the Bradleys. Hopefully then, more of us will think and act for ourselves in those hard times and reject further injustice, perhaps to the point of revolution.
There may be an element in what you have said, Seddrick. What you have said explains perhaps the 70% of the voting-eligible population but it does not explain the overwhelming support of those who actually do vote. You left one simple thing out: Most people are in love with Jon Huntsman. He looks good; he talks good; and most importantly, he is a Republican. By default that makes him a good candidate and leader and beyond questioning.
Jason, you point out the exact reason I have been reluctant to join myself with any political party. We should all be first and most importantly individual children of God, second members of our respective nuclear families, third members of our local communities and states, fourth citizens of the United States, and last members of whatever politically motivated group we individually choose.
In my mind, this priority list would pre-suppose that one defends individual liberty as a moral issue, not as a pragmatic expediency every once in a while, which is the mindset of more than even the 70% of the voting eligible population. There is a culture of keeping politics out of your public and social life in the whole nation, which is deteriorating our culture and society. It is something that is not unique to Utah.
It appears that not only the Department of Commerce but the governorship is corrupt. Is this governor part of the problem or part of the solution. I am assuming that the appointment of Ms Giani was his. How dare anyone question one of his appointments!!
If Ms Giani wanted to save face, she would have fired Hines and any others who would prompt the view that she is inefficient in her management of the division. Maybe the People of Utah need to evaluate the leadership of their state as well. It seems that the practice of “guilty until proven innocent” is being practiced there. I would not want to live in a state that promotes a socialist way of life.
The Daily Herald covers the latest on this story at:
http://www.heraldextra.com/content/view/282358/79/
I agree that Rick left out some important facts in his coverage of the story, (such as his business relationship with the subject he was writing about), but I think his radio show and answers in this thread have done a good deal to correct that. This article, however, seems grossly inadequate in its coverage, with no mention that the Hendrys were paid back–a fact that would completely change the perspective of the casual reader.
Correction–the Daily Herald article does say that, “the Bradleys wrote a check in November 2007 to the Hendrys for $30,000 and another for more than $2,000 in interest.”
I am sure you recognize that the article posted here at FreeCapitalist Daily is not discussing the particulars of the Bradleys’ case as they pertain to guilt or innocence. This article is about the abuse of power exercised by those with the guns. It is about the brute squad that comes in the middle of the night (fascist style) to drag a stay-at-home mom down to the station. They were not arresting her for a violent crime like murder, prostitution, or drugs. She was not a fugitive, she was not hiding from authorities. She had met with them several times before and had cooperated fully. When she was called in to meet with them before she was there. The arresting officers and the Department of Commerce are way out of line for what they have done in this matter.
Furthermore, for those sending in the link to this Daily Herald article, it is hardly “the other side of the story.” Remember, the other side of the story is whether there is corruption inside the Department of Commerce, a subject the mainstream media conveniently ignores.
Whether you believe the Bradleys are guilty or innocent, you must be outraged by the way the authorities have handled the situation. They have not acted as Americans who believe people have rights and equal protection under the law. Rather they have behaved like mindless brutes of otherworld dictatorships who force their way into homes in the middle of the night and drag residents away under the cover of darkness. That type of behavior is supposed to happen in Nazi Germany, Soviet Russia, Polpot Cambodia, or Maoist China. But not Constitutional America. The point is, we are losing our freedoms at an alarming rate, and it is appalling how many are saying, “Don’t play this off like it is the Government trying to control your lives..HA HA, they are trying to save us.” Yes, I’m sure that’s what Jefferson and Washington would have said. Every one of us should be thoroughly disgusted by the acts of the authorities. That we are not, is a telling story of how much control they really do have over our lives.
Whether you believe the Bradleys are guilty or innocent, you must be outraged by the way the authorities have handled the situation. They have not acted as Americans who believe people have rights and equal protection under the law. Rather they have behaved like mindless brutes of otherworld dictatorships who force their way into homes in the middle of the night and drag residents away under the cover of darkness.
Actually, they had a legal arrest warrant. They didn’t bust into anyone’s home under the cover of darkness and drag them away unawares. They knocked on the door and explained why they were there.
The inflammatory and emotional charged tone of this article is the real problem. Rick doesn’t give a damn about the facts or the truth (or the Bradley’s for that matter). He simply wrote an artice to incite people against the Department of Commerce and all those people he thinks are out to get him. By hiding inconvenient facts and getting people riled out without spelling out the truth, Rick is guilty of acting like the propagandists under the Soviet regime or the Nazis trying to stir up hatred against the Jews. Sadly, this piece of propaganda seemed to work. The Free Capitalists on this site are now threatening to taint jury duty and provide armed resistance if the cops show up. Way to go Rick! That’s your civic service organization in action!
The Utah Department of Commerce or Division of Securities didn’t arrest Randy or his wife. That was the police. They were simply doing their jobs. The Utah Department of Commerce or Division of Securities didn’t issue an arrest warrant. That came from the Utah Attorney General’s office. The cops would have lost their jobs if they had failed to act on a lawful arrest warrant.
If an agency acted unlawfully, then the Bradley’s will be able to file criminal and civil suits against the officers and the agencies and they’ll have more than enough money to pay their investors back.
Jason Vaughn wrote:
“I am sure you recognize that the article posted here at FreeCapitalist Daily is not discussing the particulars of the Bradleys’ case as they pertain to guilt or innocence.”
I recognize that the Bradley’s guilt or innocence is not the main point of the article, but it certainly does discuss some of the particulars of the Bradleys’ case which imply their innocence. The impression I received from the article was that the Bradleys’ had behaved honorably and ethically (in other words, innocently), and yet despite this, Mr. Hines is choosing to treat them badly and violate their rights. If this isn’t one of the points being conveyed, then I have misunderstood what was written, and I’m sure I will be corrected.
Jason also wrote:
“Furthermore, for those sending in the link to this Daily Herald article, it is hardly ‘the other side of the story.’”
I think I’m the only one who sent in a link to that article, and I didn’t represent it as the other side of the story, rather I mentioned that it seemed grossly inadequate in its coverage. Rick’s article makes a point and backs it up with facts; the Herald article presents a few facts, leaving the reader with no idea of what is really going on. It really doesn’t tell ANY side of the story.
Yes, I am outraged by not only the way the authorities have handled the situation, but also by the way the media has (not) reported it. Since your post seems directed at me, I am puzzled as to why you imply that I wasn’t sufficiently outraged. I didn’t write anything that would lead anyone to believe otherwise, and I noted the appalling lack of coverage the local paper was giving the situation.
I felt it appropriate to quote the Herald article because I think those who have read Rick’s article are interested in following the Bradley’s plight, and also interested in the media coverage of both the unorthodox and disturbing arrest and the case in general.
Oliver Twist:
“Actually, they had a legal arrest warrant.”
Legal does not mean moral. The common deception in our society is that if it is law it is therefore moral. Too often this could not be further from the truth. Again, the moral thing to do was for the authorities to issue a summons. Those involved would then appear and cooperate or run and hide. Only then is it moral to issue a warrant for arrest. The fact that the Department of Commerce seemed to have skipped a couple steps in that process is a case in point of their own corruption.
Furthermore, Mr. Twist, if you wish to talk about propaganda, I suggest laying off of such television programs as Cops where the point of view is that forceful arrests, unlawful search and seizure, and other Constitutional violations are the MO because dang it all, there are violent people out there and we’re sure glad they have been rounded up to make our streets safer. These programs effectively deaden our American psyche into accepting, just as you have in your twisted way, that whatever the law says is always moral and right. This is a dangerous deception to accept. It is one that carefully leads a nation down to destruction.
This article being the likes of Soviet and Nazi propaganda against the Jews? Good try, but that is a twisted deception. Those regimes stirred up hatred against races and other factions of society to create discord, violence and chaos in order to rise to and keep themselves in power. This web site does exactly the opposite by drawing attention to the abuses of government when necessary to incite people to awaken to the awful situation we are in at this time. As long as people remain deceived regarding the moral state of this nation and its governments, there will be no end to their control in our lives. The only remedy, Oliver, is to throw off that twist in your life and straighten up. Deception has a death grip but it can be overcome.
One of my sisters and her husband live in the same neighborhood as the Hendrys and it’s amazing how deceived they are about this whole incident. The Hendrys, of course, have told them that Randy and Annie Bradley are dishonest and have ’stolen’ a lot of people’s money, information which they received from Mike Hines. The Hendrys and my sister and her husband never thought to question whether the government was right in what they’ve done. They never think about the fact that you’re supposed to be innocent until proven guilty in this country. No, they just assume that if the government is after you, you MUST have done something wrong. I have tried to explain to them that it’s not a crime to lose money or do poorly in business. In fact, if you’re a ‘big enough’ company and are in bed with the government, they reward you with MORE money (obtained through theft, of course) when you do poorly in business and lose money. My brother-in-law then points to the fact that they weren’t registered to sell securities or that they committed some minor nuanced securities violation and point to that as proof that they are evil and dishonest. Give me a break! Have you looked at some of the laws we have now-a-days? You can’t make sense of them! Especially the securities laws. They are a jumble of nonsensical rules and regulations that is impossible to understand and even more impossible to keep. They are intended to be that way so that the government can come after you if they don’t like you. Ayn Rand said, “The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” Take the anti-trust laws for example. When it’s against the law to charge to much for your product because that’s ‘gouging’, when it’s against the law to charge too little because that’s ‘anti-competitive’, and when it’s against the law to charge the same as other competitors because that’s ‘collusion’, what else can be derived but that the government first makes criminals in order to look like they are doing their job? It makes me sick how many of the people in this state, ESPECIALLY in this state think that because someone is charged with a crime that they must be guilty. Wake up people. We’re in the fight of our lives. If this generation doesn’t rise to the challenge, who will? By the time our children grow up, we may not have ANY freedoms left.
I hope that stories like this become told more in the watch dog media. We need to keep those in power more honest by having some more transparency in their actions. This is the first I have herd of this story and think that it is something worthy that everyone should be aware of. Using power to intimidate is a scary thing indeed.
I find it quite interesting that the first I have heard of this incident is on this website and not from the mainstream news. This looks like an obvious abuse of power and should have got more recognition.
The evil and tyranny in Utah is alarming!
This abuse of power needs to be stopped by informed citizens!
You know that we are in trouble when you get the Utah County Sheriffs department taking action like this. It just doesn’t make sense. I thought we had people that had better brains on their shoulders. Big Disappointment!
Rick, while some of us read your form of “journalism” for laughs, I’m compelled to think that you’re championing her cause because of the FBI and Utah investigations into your real estate flipping scheme classes. The irony of you writing “In a situation becoming all too common in America today, with the mortgage market in shambles, and the credit industry in upheaval…” was just too much for me. It’s funny how for the good years, you were preached and profiting from some of the very fraudulent schemes at the core of the mortgage crisis. Anybody want to buy a home on someone else’s great credit score? Keep up the half-truths. You wresting reality for Utah County is better than reading the Onion.
I find it interesting that what the “mainstream” news reports is the information it gets directly from the GOVERNMENT as if they are the most correct authority on the situation and the only ones to get information from. I find it disappointing and alarming even that so many citizens trust the government so much that they couldn’t possibly believe that there would be corruption. I find it disgusting that people choose to give up their brains to the government.
This is insanity. Living in the US has always meant so much to me. Growing up one of my favorite songs was Proud to be an American by Lee Greenwood. That song pumped me up so much. I remember in High School kids would off the cuff say they didn’t like it here and they wanted to move to another country. I used to tell them to leave. I had this ideology that things were perfect in the US.
Stories such as this make me sick. Part of me can’t believe that its possible and the other part doesn’t want to believe. It sickens me even more when I ask my local family and friends if they even heard of the story . . . all have said no. I wouldn’t have heard about it without my connection to the FCP. If people really knew what goes on, things could be different. Things need to be different. Let’s change them together.
I couldn’t believe it when I read this article! I’ve heard about some of the injustices that have gone on with state regulators but this is ridiculous. I can only imagine what I would feel like if my home was stormed late at night. What’s worse is that the regulators tried to use bribery and trickery to get Randy to admit to something which would keep his wife out of jail. That is absolute deception and it must be stopped. I’m glad that we can help fight against this type of corruption as we cannot stand for it and let our freedoms be robbed!
This is what happens when evil rears it’s ugly head. Our illustrious government agencies must bear witness to such atrocities as these. The dark inner workings of private lives and businesses should make us all shudder and shake. How could this happen in our country? These terrible people who did these awful things actually thought that they could get away with fraud. Even with their subversive communications in seemingly normal Sunday School activities they weren’t allowed to ply their craft of defrauding the government under the guise of “an average family.”
I’ll bet they now take the time to read up on what’s right and wrong when it comes to government compliance. Their utter lack of responsibilty is what landed them in jail. How could anyone be so disrespectful of our laws?
Wow, this is one more horror story. I am personally acquainted with more than one horror story like this where our governing officers have gone horribly wrong in pursuing “crime”. securities fraud investigations have been particularly rife with socialists who believe that those who make money are bad guys and those who don’t are just picked on by the business owners of the world. Then when you get the various police powers involved you can make a bad situation worse. I have heard attorneys use the term “Thugs with badges” to describe the Salt Lake County Sheriffs Office. Oh, I am personally acquainted with some of their tactics, not pointed at me, but for which I have been affected. What can be changed? Our voting habits for a start. Get active in local politics and get your friends and neighbors active as well as you can.
we need to stop this abuse of power NOW!