Monday, May 18, 2015

Paxton's sleazy financial advisor details emerge

Still can't believe that Texas Republicans elected a confessed felon the state's top law enforcer.

Ken Paxton earned thousands of dollars by referring his private legal clients to a financial adviser now accused of “unethical and fraudulent conduct” by the state, records obtained by The Dallas Morning News show.

Paxton, now Texas attorney general, did not tell them he was getting paid. He steered his clients to a financial adviser who had declared bankruptcy and who now faces losing his state license over questionable business dealings.

Paxton’s referral agreement with Frederick “Fritz” Mowery, the head of McKinney-based Mowery Capital Management, has created a yearlong political and legal headache for the Republican attorney general. He acknowledged last year, in the middle of his statewide campaign, that he violated state securities law by failing to register as an agent for Mowery. He paid a $1,000 administrative fine in April 2014.

Failing to register can also be a third-degree felony under state law. Complaints by a watchdog group have led to a Texas Rangers investigation and appointment of special prosecutors.

Because there's not a Public Integrity Unit in the Travis County DA's office any longer -- because the outside folks in charge will be under enormous political pressure to whitewash it -- Paxton isn't going to be investigated, unless you count the appearance of such as an actual one.  This is a similar arrangement to police internal investigations of shootings of unarmed black men.  "We investigated ourselves, and found we did nothing wrong."

A Paxton aide said Paxton was unaware of Mowery’s financial trouble and business conduct. Mowery, reached by The News, deferred to his lawyer, who declined to comment. In court proceedings, the attorney has acknowledged his client’s mistakes with paperwork and other matters but said he did not defraud his clients.

Court transcripts, documents and interviews reveal new details in what started as a verbal agreement between Paxton and Mowery in 2004. The two had met serving on a nonprofit board together, and both had offices in a small building in McKinney. Paxton agreed to send law clients looking for a financial adviser in Mowery’s direction. If they signed on as customers, Mowery would split their management fees with Paxton for as long as they remained clients.

But most of the clients say they were not told of the fee referral arrangement; nor was the state, as disclosure regulations require.

Just your basic financial-advisor ripoff.

In a five-day administrative court hearing in early March, the Texas State Securities Board alleged that Mowery engaged in misrepresentations, conflicts of interest and breach of fiduciary duties.

The allegations include that Mowery used a high-cost brokerage firm for his clients’ equity trades, and also had a separate business arrangement with that firm that paid him more than $1 million over seven years. The state contends the arrangement was a conflict of interest that could have cost his clients thousands of dollars in fees.

The two judges who heard the case against Mowery are likely to make their recommendations on sanctions, if any, to the State Securities Board this summer.

It gets a little slimier from there, if you can fathom that.  I predict an outcome that closely resembles Rick Perry's felony indictments on abuse of his office: "My friends looked into this matter and found no wrongdoing on my part".

Rick Perry is expected to announce he is running for president of the United States on June 4, less than three weeks from today.  Do you think that would be happening if he had any concerns whatsoever about going on trial?

That's Texas justice for ya.

The Weekly Wrangle

The Texas Progressive Alliance doesn't need hindsight to know that invading Iraq was a tragically stupid decision as it brings you this week's roundup of the best lefty blog posts from last week.


Off the Kuff is pleasantly surprised to hear that the Houston Metropolitan Transit Authority and US Rep. John Culberson have reached an accord in their longstanding feud over funding for light rail in Houston.

Letters from Texas provides a step-by-step guide to using your hypocrisy to justify your bigotry.

Libby Shaw, at Texas Kaos and contributing to Daily Kos, calls it like she sees it when Congress cuts Amtrak's budget within hours of the deadly train wreck outside of Philadelphia last week: Republican Austerity Kills. Literally.

Nonsequiteuse asks you to consider the long game for progressives in Texas, and explains why she's building progressive infrastructure and working the next generation of leaders through New Leaders Council.

From WCNews at Eye on Williamson: The GOP's end of session plan for tax cuts is getting closer to completion, in Give It All To Business - The GOP Tax Compromise.

In a roundup of events, Socratic Gadfly says this week in Texas politics was probably even nuttier than normal, a high bar to clear.

Julian Castro is Hllary Clinton's pick for running mate, according to Henry Cisneros. That suggests a Latino will also be the vice-presidential nominee of the Republicans. PDiddie at Brains and Eggs thinks that might be the most interesting thing that could liven up an otherwise completely predictable 2016 presidential season.

CouldBeTrue of South Texas Chisme is surprised that a Republican was so honest about tax cuts being just for the business cronies. Who needs roads, schools, or safety inspections? The rich can buy their own. But the shrinking middle class and the poor must pay for what's left.

Egberto Willies (happy birthday, dude!)  instructs progressives to make the case to Democratic senators that free trade deals impact American lives more than they do corporate bottom lines.

TXSharon at Bluedaze wants Texas Republicans to understand that while they may not mind living next door to a fracking operation... what if it was a strip club instead?

jobsanger lists the lies Texas Republicans want our children to learn.

Dos Centavos wonders if the discussion surrounding the separation of the Harris County jail administration from the sheriff's office is a prelude to privatization.

Neil at All People Have Value posted about 11 pictures he keeps in his phone that involve death. APHV is part of NeilAquino.com.

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And here are some posts of interest from other Texas blogs.

Texas Clean Air Matters examines what Tesla's Powerwall home energy storage battery means for Texas.

Better Texas Blog names the least worst way to under-invest in schools, college access and health care systems.

Stephanie Wittels Wachs documents her efforts to get the Legislature to require insurance companies to cover the cost of hearing aids for children under 18.

The Lunch Tray calls self-regulation of kids' food advertising a "doomed effort".

Paradise in Hell warns us that the anti-gay crowd isn't going anywhere.

Joe the Pleb at BOR had a podcast about Blue Bell, barbecue sauce, and some less savory Texas traditions, while the SA Current also reported its horror at Governor Abbott's professed "most important ingredient" of barbecue.  Is he really Texan?  Has anyone seen his birth certificate?

In a different vein, Bay Area Houston questions Abbott's intestinal fortitude.

The Quintessential Curmudgeon sees some winds of change that blew through Amarillo city hall in this year's municipal elections.

BEYONDBones explains why you should care about endangered species.

The Texas Election Law Blog tracks what has happened to election law-related legislation so far this session.

Last, Fascist Dyke Motors calls in sick -- err, e-mails in sick when she really isn't.