[EL] ELB News and Commentary 10/16/11

Sun Oct 16 13:54:50 PDT 2011

Now that I consider, the current federal retirement system does have a menu of investment components, so I agree that the President and others would be covered, unless specifically excepted
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-----Original Message-----
From: Edward Still <still at votelaw.com>
Sender: still.law.firm at gmail.com
Date: Sun, 16 Oct 2011 15:44:45 
To: John Tanner<john.k.tanner at gmail.com>
Cc: law-election at UCI.EDU<law-election at uci.edu>
Subject: Re: [EL] ELB News and Commentary 10/16/11

The main rule provides "it shall be unlawful ... For any investment adviser
... to provide investment advisory services for compensation to a government
entity within two years after a contribution to an official of the
government entity is made by the investment adviser ...

Edward Still
Edward Still Law Firm LLC
130 Wildwood Parkway, Suite 108, PMB 304
Birmingham AL 35209
205-320-2882 (voice & fax)
  www.votelaw.com/blog
  www.edwardstill.com
  www.linkedin.com/in/edwardstill <http://www.linkedin.com/in/edwardstill>

On Sun, Oct 16, 2011 at 3:23 PM, John Tanner <john.k.tanner at gmail.com>wrote:

> It looks like this is addressed to those who manage pension funds.  Does
> the federal government actually manage any pension funds?  I understood that
> federal pensions, like social security, are not backed by actual assets that
> are invested in anything other than, perhaps, Treasury bonds that we have
> sold to ourselves -- that they're secured by a general promise to pay us
> later or at least respect us in the morning.
>
> On Sun, Oct 16, 2011 at 3:59 PM, Edward Still <still at votelaw.com> wrote:
>
>> I have a question about the Weekly Standard article linked below. The
>> article says, "And while this new ruling primarily affects Perry at the
>> presidential level, it could have far-reaching consequences going forward,
>> since it applies to every state office holder seeking federal office from
>> here on out." A quick review of the SEC's final rule<http://www.sec.gov/rules/final/2010/ia-3043.pdf>leads me to believe that the rule applies to office holders and candidates
>> at any level of government, not just those seeking federal office.
>> Specifically, the following definition in the rule leads to that conclusion:
>>
>> § 275.206(4)-5 (f) (6)
>> *Official *means any person (including any election committee for the
>> person) who was, at the time of the contribution, an incumbent, candidate or
>> successful candidate for elective office of a government entity, if the
>> office:
>> (i)
>> Is directly or indirectly responsible for, or can influence the outcome
>> of, the hiring of an investment adviser by a government entity; or
>> (ii)
>> Has authority to appoint any person who is directly or indirectly
>> responsible for, or can influence the outcome of, the hiring of an
>> investment adviser by a government entity.
>>
>> Am I wrong in my conclusion?
>>
>>
>> Edward Still
>> Edward Still Law Firm LLC
>> 130 Wildwood Parkway, Suite 108, PMB 304
>> Birmingham AL 35209
>> 205-320-2882 (voice & fax)
>>   www.votelaw.com/blog
>>   www.edwardstill.com
>>   www.linkedin.com/in/edwardstill
>>  <http://www.linkedin.com/in/edwardstill>
>>
>>
>> On Sun, Oct 16, 2011 at 11:29 AM, Rick Hasen <rhasen at law.uci.edu> wrote:
>>
>>>
>>>  “The Perils of Donating to Perry; The SEC’s curious role in campaign
>>> finance.” <http://electionlawblog.org/?p=24256>
>>> Posted on October 15, 2011 5:14 am <http://electionlawblog.org/?p=24256>
>>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>>
>>> The *Weekly Standard *reports<http://www.weeklystandard.com/articles/perils-donating-perry_595199.html>
>>> .
>>>  [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D24256&title=%E2%80%9CThe%20Perils%20of%20Donating%20to%20Perry%3B%20The%20SEC%E2%80%99s%20curious%20role%20in%20campaign%20finance.%E2%80%9D&description=>
>>>   Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
>>> Off
>>>
>>>
>>
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>>
>
>

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