A Quick Update: State Street Hearing Yesterday

[CorpGovActivist]

Dear DUers:

Yesterday, the pre-trial conference in my "criminal trespass" case took place in Boston Municipal Court.

The outcome:

* November 20th: the prosecution and I have to finish reciprocal discovery

* December 8th: the date scheduled for the public trial by jury

Meanwhile, State Street announced yesterday that the Board has voted to immediately end its poison pill - the very proposal that my partner advanced (and the item that was supposed to be under discussion when I was arrested, and my partner was ejected):

http://www.bloomberg.com/apps/news?pid=conewsstory&refer=conews&tkr=STT:US&sid=a6MChmQrUSU8

Whether this had anything to do with yesterday's court hearing or not is anyone's guess.

I should regain reliable access by Sunday or Monday. Some friends have guilted me into staying in Massachusetts for a couple of extra days, since it is the Head of the Charles weekend. (Go Harvard!)

- Dave

P.S. As always, Ides was in rare form.

[bleever]

1. K&R.

Thanks for the update. Best of luck.

[CorpGovActivist]

3. Thanks!

Sorry for the long stretch without posting, but the hearing sort of stole focus for a day or so.

Also, I've had the chance to re-connect with some Boston media contacts on the Halliburton story, so it's been a productive trip.

- Dave

[DemReadingDU]

2. Thank you for update!

We have been concerned about you & Ides

[CorpGovActivist]

4. No Worries, but Thanks

I got to a hotspot as soon as I could after yesterday's whirlwind of meetings (the hearing, and touching base with old Boston media contacts about the "other" story).

; )

- Dave

[Gwerlain]

5. Kick

Thanks for the update. Keep 'em comin.

[CorpGovActivist]

7. Will Do...

... my connectivity will be sporadic today through Sunday. I should be back in the groove by Monday.

After this week, I'm ready to go yell my lungs out for Harvard Crew, and spend some time with some old friends: http://www.hocr.org/home/default.asp

If there were specific questions or sub-threads I missed, I'll try my best to catch up by Monday evening.

- Dave

[meegbear]

6. How about a rundown about what happened in the first place ...

enquiring minds want to know.

[CorpGovActivist]

8. Deal, but...

... can I take a rain check? I'm brain dead from yesterday.

The arrest record is here: http://www.shareholdersonline.org/pdf/HaveYouSeenThisMan.pdf

The questions that caused the CEO to get so bent out of shape are here: http://www.shareholdersonline.org/pdf/questions%20for%202006%20AGM.pdf

If you send me an e-mail on here as a reminder, I'll be sure to come back to this after a good night's rest or two.

- Dave

[meegbear]

9. That's all I want! Thanks!

:thumbsup:

[CorpGovActivist]

49. Sorry for the Delay...

... where should I start?

- Dave

[DemReadingDU]

10. Some background info in these threads

Ex-Halliburton Worker posts on DU - "I Am David A. Smith"
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2211870&mesg_id=2211870


Halliburton and BakerBotts Visits to My Sites
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2352921&mesg_id=2352921


The Andy Card Bombshell - Why He Really Resigned
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2347614&mesg_id=2347614


The Great American Cockroach Check
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2359814&mesg_id=2359814


edit to add more links

[Tuesday_Morning]

13. and some fascinating backstory

here:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2401396

[Blackhatjack]

11. Did you ever get a copy of the videotape of the meeting? And...

...will they be required to turn it over as part of reciprocal discovery?

Sounds like they are going to mount a technical defense, possibly with manufactured witnesses.
I would have each of them under subpoena to appear in court even if they are listed as witnesses for the State.

[Buttercup McToots]

12. They are back...

Whew...
We'll keep this bumped fer ye...;)

Rest and have fun...fightin` injustice
can be exhaustin`, eh?

[Little Star]

14. Just found em' myself, thank goodness!

[CorpGovActivist]

24. Ides Needs...

... a Fortress of Sillytude. He gets punchy, let me tell ya!

: )

I'm well rested after some time with family and friends. What'd I miss?

- Dave

[CorpGovActivist]

23. No, So Far, the Videotape...

... remains under lock and key in the State Street Bank vault, so to speak. Whether they'll be required to turn it over as part of discovery in this or some other case will be an interesting motion battle to watch.

"Sounds like they are going to mount a technical defense, possibly with manufactured witnesses."

Given what I've seen out of their legal practices over the years, I wouldn't be surprised if their lawyers walked in with a detachment of Imperial stormtroopers at this point.

"I would have each of them under subpoena to appear in court even if they are listed as witnesses for the State."

My lawyers and I will have a chance to review strategy. Please feel free to kibitz! I welcome good ideas.

- Dave

P.S. The videotape was made before the Enron implosion caused Federal judges to start taking a good, hard look at how to overcome the automatic stay on discovery imposed by the Private Securities Litigation Reform Act. I think that is one of only two laws that the Gingrichites cared about enough to pass it over Clinton's veto.

[DemReadingDU]

27. videotape?

videotape of what? I must have missed that previous conversation.


edit to add: videotape of the 2000 annual meeting at State Street?

[Buttercup McToots]

29. The video

that shows David asking the Questions and
then being thrown out of the shareholders meeting...
No No...if your a shareholder...

(ach choo!!)
`cuse me...bloody cold

[CorpGovActivist]

31. Yup, That's the One

Can you say, "pattern and practice"?

[DemReadingDU]

15. evening kick

[Buttercup McToots]

16. Good Morning All

:-)

[Little Star]

18. Good Afternoon Butter Cup.

[windbreeze]

17. I was getting a little worried....

Thanks for the update...tell us more after you've rested...and gotten back on track...we'll be waiting...
windbreeze

[DemReadingDU]

19. evening kick

[Subdivisions]

20. OMG! Some of us got really worried about you! Glad to see

you weren't a victim of extraordinary rendition and flown off to Uzbekistan, or worse.

[CorpGovActivist]

25. Nope, My Passport Only Got Another...

... People's Republic of Cambridge stamp. That's all.

Ides is fine (well, adjusting your TV set for Ides, he's fine). I'm fine.

; )

- Dave

[Cameron27]

21. Another kick to keep this going

*fingers crossed*

[DemReadingDU]

22. morning all

[Buttercup McToots]

26. Good Morning

:)

[Buttercup McToots]

28. I have a bad

cold...:-(
My head hurts and I can't stop sneezing...
Woe

[CorpGovActivist]

32. W Stands for...

... whisky (no e).

; )

"In case of bad cold, break."

"In case of good health, break."

[Buttercup McToots]

34. Toddy

I will have Willie make me a toddy tonight with the Belvinie...
Thank you

[Jose Diablo]

30. That State Street is into some very shady stuff

It's interesting they have what is it, $7-8T (that T means trillion folks) under management. I wonder how much of our pension funds are being directed and "managed" by this company.

And now they are using the techniques of a bunch of street thugs selling "glass insurance"?

What is wrong with this picture?

[CorpGovActivist]

33. Nothing that RICO Can't Cure...

... and I cite RICO very pointedly.

- Dave

[DemReadingDU]

35. RICO: Racketeer Influenced and Corrupt Organizations Act

http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act


this is getting very interesting!

[CorpGovActivist]

36. Notice the Prohibited Acts...

http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_95.html

Take special note of Section 1954, "Offer, Acceptance, or Solicitation to Influence Operations of Employee Benefit Plan": http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001954----000-.html

See why Ides has urged everyone to check their employee benefit plan documents as part of the "Great American Cockroach Check"?

State Street - headed by one of the Holbrook Hooligans, Ron Logue - was handpicked by top Bush Administration officials to quiet up the Enron pension issues. Another Holbrook Hooligan, Andy Card, resigned in disgrace when the media started poking around into the connections there.

And a task force is looking into public corruption allegations at the highest levels ...

... with the first wave of indictments expected by??? (late October?)

- Dave

[DemReadingDU]

38. Should be an interesting week!

Thanks for update!

[CorpGovActivist]

41. Sure Thing!

By the way...did you notice what yesterday was, and what tomorrow will be?

; )

http://en.wikipedia.org/wiki/Gregorian_calendar#Difference_between_Gregorian_and_Julian_calendar_dates

Hint: subtract 10 days.

- Dave

[DemReadingDU]

44. ah, The Ides of October!!!!!

[CorpGovActivist]

60. And It Was, Huh?

- Dave

[DemReadingDU]

61. This week we are thinking will be

even better than last week, :)

[blm]

37. Just caught up on the saga. Thanks for letting us in on this level to

share it with you.

[CorpGovActivist]

39. *Scratches Head*

"at this level"? Whaddya mean, "at this level"?
***********************************
"We hold these Truths to be self-evident: that all (wo)Men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness." -- Preamble to the Declaration of Independence
***********************************
"We must, indeed, all hang together or, most assuredly, we shall all hang separately." -- Benjamin Franklin, at the Signing of the Declaration of Independence
***********************************
"And for the support of this Declaration, with a firm Reliance on the Protection of the divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor." -- Conclusion to the Declaration of Independence
***********************************
When the Declaration of Independence was signed, the Founders saw to it that copies were read and re-read in public throughout the Colonies, so that all could soak in, discuss, and work to bring about its ideas. It would have done no practical good bottled up in Independence Hall. We are all created equal, and we are all endowed with unique talents and abilities that help us each to participate in fighting the corrupt cabal that has temporarily taken hold of our Government. Or, as the famous trust buster, great American, and visage on Mount Rushmore once said:
***********************************
"No man is above the law and no man is below it; nor do we ask any man's permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a favor." -- Teddy Roosevelt, Third Annual Message to Congress, December 7, 1903
***********************************
Now that you know, maybe you'll repeat the story to someone who works on a key campaign. Or maybe you'll have a "Eureka!" - and think up some great new way to get the word out to others. As I've shared the story with others, I have been amazed by the way that different people glom onto different aspects of the story, and then apply their own unique worldview and talents - thinking up ways to apply this story in ways that would never have occurred to me without their help.

: )

If you read his letters, you'll find that George Washington readily acknowledged that - absent the help of such luminaries as Hamilton, LaFayette, Rochambeau, and von Steuben - the outcome of the Revolutionary War might have ended with those "separate hangings" of which Ben Franklin joked.

The indexed papers of George Washington (who, like anyone else, got discouraged, complained, laughed, cried, etc.): http://gwpapers.virginia.edu/

Alexander Hamilton (second only to Benjamin Franklin, in my book, for most important Founder who never became President): http://en.wikipedia.org/wiki/Alexander_hamilton

LaFayette (whose legacy on both sides of the Atlantic is too rich to detail): http://en.wikipedia.org/wiki/Gilbert_du_Motier%2C_marquis_de_La_Fayette

Rochambeau (whose tough legacy includes a great South Park episode, and some rather painful games): http://en.wikipedia.org/wiki/Comte_de_Rochambeau AND http://en.wikipedia.org/wiki/Rochambeau

von Steuben (who instilled discipline and taught tactics at Valley Forge): http://en.wikipedia.org/wiki/Friedrich_Wilhelm_von_Steuben
***********************************
So, the point is: "at our level," we can all apply our unique talents to help bring down the corrupt cabal that has a temporary grip on so many of our nation's institutions; and none of us can do it alone.

: )

- Dave

[DemReadingDU]

40. Love all these famous quotes!

Indeed, we are with you, and Ides!

[CorpGovActivist]

43. When I Get Discouraged...

... I like to re-read some of George Washington's whinier letters home to his brother. It's nice to know that someone as great as GW himself got discouraged, too.

More teachers should teach that part of history. Things like Lincoln's despair and Washington's self-doubts humanize these giants, and make them more accessible today.

- Dave

[blm]

42. That's what I meant. We are on a support level and are pretty much aware

of how and when we can effect a matter. Targeted LTTEs, for example.

[CorpGovActivist]

45. *Smile*

Just making sure. I come from a long line of coal miners who - despite their lack of formal education - were quite adept at wielding their Constitutional rights to agitate for change. Every American has his/her birth certificate stamped with the equality clause.

; )

- Dave

[Buttercup McToots]

46. Right

Beside ye...

ah choo!

[CorpGovActivist]

47. Bless You, and...

... there is a little-known loophole that allows for drinkin' whisky before noon if you have a cold.

; )

- Dave

[DemReadingDU]

48. God Bless You!

Go get some hot spicy chinese food with extra hot mustard...it will clear you up pronto!

[IdesOfOctober]

54. Feelin' Better?

[Buttercup McToots]

55. Aye

just tryin` tae keep up wit ye...

[IdesOfOctober]

56. Glad to hear it...

... you should be near in need of a new bottle!

; )

Ides

[CorpGovActivist]

50. Yesterday's SEC Filing

My partner filed this yesterday:

http://www.sec.gov/Archives/edgar/data/93751/000126891106000029/poisonpillredemption.htm

- Dave

[IdesOfOctober]

52. Is the SEC looking into State Street's activities?

Inquiring minds...

Ides

[CorpGovActivist]

53. According to the Latest Annual Report...

"ITEM 3. LEGAL PROCEEDINGS


We are broadly involved with the global securities industry, including the mutual fund industry. Securities industry practices and the mutual fund industry in the U.S. continue to be the subject of intense regulatory, governmental and public scrutiny. In that regard, we have received various industry-related regulatory, governmental and law enforcement inquiries and subpoenas relating to our activities and the activities of our mutual fund customers, including inquiries and subpoenas from the U.S. Department of Labor relating to market timing and late-trading activities. We continue to respond to these regulatory, governmental and law enforcement inquiries and subpoenas in the normal course of business. We are also involved in various legal proceedings that arise in the normal course of business. In the opinion of management, after discussion with counsel, these regulatory, governmental and law enforcement inquiries and subpoenas, and legal proceedings can be successfully defended or resolved without a material adverse effect on our financial position or results of operations."

http://www.sec.gov/Archives/edgar/data/93751/000114544306000351/d18466_10-k.htm

[IdesOfOctober]

57. Current status?

What's the latest here?

Inquiring minds...

Ides

[CorpGovActivist]

58. Call up State Street's Investor Relations and Ask Them...

... if nothing else, it's good for a laugh.

- Dave

[CorpGovActivist]

59. Of the SEC Investigations, or of the Congressional Oversight...

... of why the SEC backed off?

- Dave

[IdesOfOctober]

51. Who won?

"Some friends have guilted me into staying in Massachusetts for a couple of extra days, since it is the Head of the Charles weekend. (Go Harvard!)"

I was too soused to notice. Who won? Got over to Noke's for a cheesesteak, though (we all have our priorities).

"P.S. As always, Ides was in rare form."

Was not.

"* December 8th: the date scheduled for the public trial by jury"

Will Andy Card's pal, Ronny Boy Logue, be summoned to testify?

Ides