Loading ...
Sorry, an error occurred while loading the content.

[infoguys-list] Banking Legislation

Expand Messages
  • YOUR LOUISIANA CONNECTION
    The following message is being sent on behalf of Jack Reed: Dear Colleagues: I have spent an excessive amount of time and money in researching and revising the
    Message 1 of 2 , Sep 10 4:42 PM
    • 0 Attachment
      The following message is being sent on behalf of Jack Reed:

      Dear Colleagues:

      I have spent an excessive amount of time and money in researching and
      revising the attached amendment. The amendment is based upon the
      Banking Committee's rejection of a previous amendment, which they said
      was too broad. It was then determined that we had to narrow our focus
      to get approval for exceptions. My Congressman, Ed Royce, and
      Congresswoman Roukema had reserved space for an amendment, which was
      approved by Jim Leach, to address their concerns. Jim Leach and the
      staff had told NCISS that there would be no exemptions for PIs because
      there are some "bad guys" out there, and in a private memo prepared by
      Eddy McClain, he stated that the staff was not in favor of the amendment

      he is now proposing. I had our amendment drafted based upon amendments
      to the bill, which included the Federal Reserve having oversight
      authority and the FTC having enforcement authority. The word I get is
      that If they do not have the authority to supervise who is going to
      access the information and how, no amendment will be accepted. If the
      amendment I have proposed is accepted, we will have nine months to work
      out the details with the FTC and Federal Reserve. It is now up to you
      to support one of these amendments. If you choose to support mine, I
      ask that you send a copy of your letter to Ed Royce's office in
      Washington, DC, a copy to the Banking Committee and a copy to your
      Congressperson. You should do this immediately, as every hour makes a
      big difference with all that's going on in Washington. The ball is now
      in your court!

      Word and Text formats:




      Vicki Rogers
      Admin. Asst. to Jack Reed

      PROPOSED AMENDMENT TO HR 4321


      Add the following after Section 1003(e):

      (f) NONAPPLICABILITY TO CERTAIN ACTIVITIES OF LICENSED PRIVATE =
      INVESTIGATORS -

      (1) No provision of this section shall be construed so as to prevent a =

      qualified licensed private investigator, or its officers, employees or =

      agents, acting on behalf of a client, from obtaining customer =
      information of a financial institution, to the extent reasonably =
      necessary to do so in order to facilitate -

      (a) execution of a judgment entered by a federal or state court;

      (b) collection of child support;

      (c) collection of fines or assessments ordered by a federal or state =
      court or agency.

      (d) Enforcement of an order entered by a federal or state court for =
      attachment of assets; or

      (e) Tracing of assets conveyed fraudulently within the meaning of Title
      =
      ___, United States Code.

      (2) For purposes of this subsection, a "qualified licensed private =
      investigator" is an investigator or an investigative agency that -

      (a) is licensed and in good standing under the laws regulating the =
      business of private investigative or security services of the state in =

      which the investigator takes any action that would otherwise be subject
      =
      to this section; and






      (b) beginning one year after the effective date of the Financial =
      Information Privacy Act of 1998, is in substantial compliance with =
      applicable regulations issued by the Federal Trade Commission and the =
      Board of Governors of the Federal Reserve System, as provided in =
      paragraph (3) of this subsection.

      (3) Within nine months after the effective date of the Financial =
      Information Privacy Act of 1998, the Federal Trade Commission and the =
      Board of Governors of the Federal Reserve System, pursuant to a joint =
      rulemaking proceeding, shall promulgate such regulations as those =
      agencies deem sufficient to further define and limit the class of =
      licensed private investigators whose activities fall within the =
      provisions of this subsection. Such regulations may include:

      (a) a requirement that licensed private investigators subscribe to and =

      meet the requirements of a self-regulatory system or procedure =
      designated by the Commission and the Board as adequately protective of =

      the personal privacy interests of customers of financial institutions;

      (b) a requirement that licensed private investigators register with, =
      make periodic reports to, and respond satisfactorily to inquiries of =
      the Commission, or the Board or both of them, or any other entity =
      jointly designated by the Commission and the Board, including a further
      =
      requirement that licensed private investigators subject to this =
      requirement be assessed fees sufficient to cover the reasonable costs =
      of maintenance of such registry, reporting system, and inquiry and =
      response system as the Commission and the Board may jointly institute; =

      and

      (c) such other regulations as the Commission and Board shall deem =
      appropriate to protect the personal privacy of customers of financial =
      institutions, while ensuring that the implementation and enforcement of
      =
      this Title does not unduly interfere with the legitimate activities of =

      qualified licensed private investigators in support of civil or =
      criminal litigation in the federal or state courts.

      hr4321-amendment-091098.doc



      --
      "YOUR LOUISIANA CONNECTION"
      BOMBET CASHIO & ASSOCIATES

      12077 Old Hammond Highway
      Baton Rouge, Louisiana 70816
      Phone 225-275-0796 Fax 225-272-3631
      http://www.Bombet.com

      JULIUS "BUDDY" BOMBET, CLI, CFE, LCI
      NALI GIN ACFE NCISS CII WAD WIN NAIS
      NAPPS MPIA LPIA CALI TALI PIAU SCALI



      ____________________________________________________________________

      List Site: http://www.findmail.com/list/infoguys-list/
      To unsubscribe, send to infoguys-list-unsubscribe@...

      FREE group e-mail lists at http://www.findmail.com
    • YOUR LOUISIANA CONNECTION
      Reposted at the request of John Slagowski, NCISS President: Buddy I know you are jammed, on the other hand can t wait to get to New Orleans. I know you will be
      Message 2 of 2 , Sep 12 4:37 PM
      • 0 Attachment
        Reposted at the request of John Slagowski, NCISS President:

        Buddy
        I know you are jammed, on the other hand can't wait to get to New
        Orleans. I know you will be glad when it is over.

        Can you post the attached on the various list servs for me.Appreciate it

        js


        Subject:
        Re: HR 4321 LEGISLATIVE ALERT (FINANCIAL PRIVACY
        PROTECVTION ACT)
        Date:
        Sat, 12 Sep 1998 19:02:15 -0400
        From:
        JOHN SLAGOWSKI <sandh1@...>
        Organization:
        S & H INVESTIGATIVE SERVICES http://www.SNH.NET
        To:
        "Joseph S. Memolo" <jsment@...>
        CC:
        calimembers@..., cali@...,
        lmemolo@...
        References:
        1



        Joseph S. Memolo wrote:
        >
        > FEDERAL LEGISLATIVE ALERT
        >
        > Subject: HR 4321 - Financial Privacy Protection Act of 1998
        >
        > Once more we are asking CALI members to write to the Legislature, this

        > time your Senator and Representative. The sample proposal follows the

        > message from our President.
        >
        > From: Association President Danny Davis
        > To: CALI Members
        >
        > Over the past week or so there has been much concern and controversy
        > over the pending Federal Bill HR 4321. Also, there has been much
        > concern and controversy over the two sample letters and amendments
        > which have been on the list serve. Both parties who have presented
        > these proposals were contacted by me and some time back, and reminded
        > that only the Legislative Chair Joe Memolo, or myself can authorize
        > legislative information to go out over the CALI List Serve. Both
        > parties who presented these proposals were informed that the CALI
        > Legislative committee and the CALI Board had been sent both proposals
        > and were going to contact me today, September 11 with their decision
        as
        > to which one CALI would support at this time. Unfortunately neither
        > party could wait and put their own proposals out over the CALI list
        > serve without authorization.
        >
        > This will be discussed by the CALI Board in the near future.
        >
        > Now for the business at hand. The CALI Board members, who responded
        to
        > my request, made a decision. The following is the sample letter and
        > amendments that has been chosen at this time. We ask that A.S.A.P.
        you
        > write to your appropriate Senator and Representative addressing the
        > issue of HR 4321. CALI will be watching and refining our position on
        > this bill in the months to come.
        >
        > Sincerely,
        >
        > Danny E. Davis, CPI
        > President
        >
        > SAMPLE LETTER
        >
        > YOUR LETTERHEAD
        >
        > Honorable ______________ Honorable __________
        > United States Senate U.S. House of Representatives
        > Washington, D.C. 20510 Washington, D.C. 20515
        >
        > Dear Senator, Dear Representative,
        >
        > As a licensed private investigator regulated by the State of
        > California, I support the goals of HR 4321, The Financial Privacy
        > Protection Act of 1998. We support the proposed amendment which is
        > submitted for your review in order that we can carry out our
        > assignments in protecting the consumer from the criminal element bent
        > on committing financial fraud.
        >
        > We ask your support in amending HR 4321, to follow after Section
        > 1003(c), which we understand will be presented as follows:
        >
        > "(f) NON-APPLICABILITY TO CERTAIN ACTIVITIES OF LICENSED PRIVATE
        > INVESTIGATORS.
        >
        > (1) No provision of this section shall be construed so as to
        > prevent a qualified licensed private investigator, or its officers,
        > employees or agents, acting on behalf of a client, from obtaining
        > customer information of a financial institution, to the extent
        > reasonably necessary to do so in order to facilitate -
        >
        > (a) execution of a judgment entered by a federal or state
        > court;
        > (b) collection of child support;
        > (c) collection of fines or assessments ordered by a federal or

        > state court or agency;
        > (d) enforcement of an order entered by a federal or state
        court
        > for attachment of assets; or
        > (e) tracing of assets conveyed fraudulently within the meaning

        > of Title ----, United States Code.
        >
        > (2) For purposes of this subsection, a "qualified licensed private

        > investigator" is an investigator or an investigative agency that is:
        >
        > (a) is licensed and in good standing under the laws regulating

        > the business of private investigative or security services of the
        state
        > in which the investigator takes any action that would otherwise be
        > subject to this section; and
        >
        > (b) beginning one year after the effective date of the
        > Financial Information Privacy Act of 1998, is in substantial
        compliance
        > with applicable regulations issued by the Federal Trade Commission and

        > the Board of Governors of the Federal Reserve System, as provided in
        > paragraph 3 of this subsection.
        >
        > (3) Within nine months after the effective date of the Financial
        > Information Privacy Act of 1998, the Federal Trade Commission and the
        > Board of Governors of the Federal Reserve System, pursuant to a joint
        > rulemaking proceeding, shall promulgate such regulations as those
        > agencies deem sufficient to further define and limit the class of
        > agencies deem sufficient to further the define and limit the class of
        > licensed private investigators whose activities fall within the
        > provisions of this subsection. Such regulations may include:
        >
        > (a) a requirement that licensed private investigators
        subscribe
        > to and meet the requirements of a self-regulatory system or procedure
        > designated by the Commision and the Board as adequately protective of
        > the personal privacy interests of customers of financial institutions;

        >
        > (b) a requirement that licensed private investigators register

        > with, make periodic reports to, and respond satisfactoriy to inquiries

        > of the commission or the Board, or both of them, or any other entity
        > jointly designated by the Commission and the Board, including a
        further
        > requirment that licensed private investigators subject to this
        > requirement be assessed fees sufficient to cover the reasonable costs
        > of maintenance of such registry, reporting system, and inquiry and
        > response system as the Committee and the Board may jointly institue,
        > and
        >
        > (c) such other regulations as the Commission and Board shall
        > deem appropriate to protect the personal privacy of customers of
        > financial institutions, while ensuring that the implementation and
        > enforcement of this Title does not unduly interfere with the
        legitimate
        > activities of qualified licensed private investigators in support of
        > civil or criminal litigation in the federal or state courts.
        >
        > We submit to the passage of this amendment to HR 4321 with the intent
        > that we as licensed private investigtors will follow in order to
        > conduct investigations for our clients.
        >
        > Thank you for your consideration.
        >
        > Sincerely,
        >
        > ____________
        >
        >
        > To CALI members - if you don't know who your representative or
        senators
        > are contact your local library information desk for that name. Again,

        > we need to protect our livelihood and that of the consumer at the same

        > time, since this is the way the Privacy issue is being pursued. We
        > need to continue getting our foot in the door.
        >
        > Thank you again.
        >
        > Sincerly,
        >
        > Joe Memolo, CAL Legislative Chair


        President Danny E. Davis
        Leg Chair Joe Memolo
        Cali members
        All Private Investigators
        All interested parties

        I applaud and T H A N K Y O U for your comminique' asking CALI members

        to send letters to Congress and Senators.

        Cali and many of it's members are also members of NCISS. We are all on
        the same TEAM and ALL after the same goal, an amendmant to HB 4321
        SB 2433.There are obviously differing opinions as to how to reach said
        goal.

        DILEMA may appear to some members of CAlI as to which of the two
        official "sample letter" they should send. At this point no matter which

        version you choose SEND NOW.

        Differences in the two samples are many. At this juncture I wish to only

        query one. I do ask for your thoughts in this area..

        (3)(b) I partially quote, "private investigators subject to this
        requirement be ASSESED FEES sufficent to cover the reasonable cost of
        maintenance" etc.

        My comment to the above is that I feel I am being Taxed (in place of
        assesed) enough. In some cases of PIs they are being taxed for:
        City tax
        County tax
        Federal tax
        PI tax
        Income tax and so on and so on.

        I am asking in a Professional Manner why we want to allow the proverbal
        "fox in the hen house" (fed govt) to tax or assess us more?????

        We of course have no way of knowing if either letter or the strong
        lobbying efforts will be victorius. We can only hope all the
        monies,hours and efforts will be fruitful. Surely no one should
        question why they should be a part of an association (team).

        The H E L P of all PIs need to and must send letters in order
        to have a chance. Additionally it won't hurt for PIs to ask friends
        and relatives to also write. Remember Washington only cares about
        votes.

        I thank you for in advance for your considerations and response

        Fraternally
        John Slagowski
        President NCISS
        Cali assoc member 1987

        --
        "YOUR LOUISIANA CONNECTION"
        BOMBET CASHIO & ASSOCIATES

        12077 Old Hammond Highway
        Baton Rouge, Louisiana 70816
        Phone 225-275-0796 Fax 225-272-3631
        http://www.Bombet.com

        JULIUS "BUDDY" BOMBET, CLI, CFE, LCI
        NALI GIN ACFE NCISS CII WAD WIN NAIS IIN
        COIN NAPPS MPIA LPIA CALI TALI PIAU SCALI



        ____________________________________________________________________

        List Site: http://www.findmail.com/list/infoguys-list/
        To unsubscribe, send to infoguys-list-unsubscribe@...

        FREE group e-mail lists at http://www.findmail.com
      Your message has been successfully submitted and would be delivered to recipients shortly.