Ask the SEC if they sought public opinion on Facebook's the 500-shareholder exemption 12(g) in one day (a month before the 2008 bailout)

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Ask the SEC if they sought public opinion on Facebook's the 500-shareholder exemption 12(g) in one day (a month before the 2008 bailout) Powered By Docstoc

YOUR NAME                                                                              Your Address
                                                                                      City, State ZIP
                                                                                         Your Phone
                                                                                          Your Email

Barry Walters
Chief FOIA/PA Officer
U.S. Securities and Exchange Commission (“S.E.C.”)
Office of FOIA Services1
100 F Street NE
Washington, DC 20549-2736

Dear Mr. Walters:

       I am a citizen of the United States submitting this inquiry to the S.E.C. according
to 5 U.S.C. § 552 “Freedom of Information Act (FOIA) and instructions on your website.2
I have marked this request as “FREEDOM OF INFORMATION ACT REQUEST.”

       I take note of your request requirements, specifically (1) be in writing, (2)
specifically cite the Freedom of Information Act, (3) reasonably describe the records
sought (by name, date, and subject matter), and (4) whether or not a fee waiver is
desired. I note that your instructions also say “You need not say why you want the
records.” However, that requirement appears to be in conflict with the Fee Waiver
request, item four, which needs to know why the disclosure will contribute significantly
to public understanding of government agency activities vis a vis the fair operation of
the justice system. Therefore, out of an abundance of caution, I shall include my
reasons (mostly cited in footnotes). If you need additional reasons, I will supplement this
request as required.

    (1)      Name of the individual(s) whose record is sought:

             a.     Facebook, Inc., as well as their counsels, directors, officers and
                    material advisers, including but not limited to (please provide only
                    records that relate to either (a) Facebook, or (b) Facebook and any of
                    these entities or individuals listed below):
                             1. Cooley Godward LLP,
                             2. White & Case LLP,
                             3. Fenwick & West LLP,
                             4. Gibson Dunn LLP,

 “U.S. SEC FOIA Contacts.” <>.
  “How to Make a Freedom of Information Act (FOIA) or Privacy Act Request.”

                               5.     Weil Gotschal LLP,
                               6.     Latham & Watkins LLP,
                               7.     Accel Partners LLP, major Facebook shareholder,
                               8.     James W. Breyer, director; managing partner of Accel
                                      Partners LLP; major Facebook shareholder,
                               9.     Ping Li, major Facebook shareholder; partner of Accel
                                      Partners LLP,
                               10.    Jim Swartz, major Facebook shareholder; partner of Accel
                                      Partners LLP,
                               11.    Sheryl Sandberg, COO and director, major Facebook
                               12.    Lloyd Blankfein, Goldman Sachs underwriter, major
                                      Facebook shareholder (including Moscow, Russia-based
                                      entities DST, Digital Sky Technologies,, and
                               13.    Lawrence Summers, former administration official in
                                      various capacities and in various administrations; 20-year
                                      mentor to Sheryl Sandberg and DST Yuri Milner at the
                                      World Bank.

             b.     Thomas J. Lee, Esq., SEC Chief Counsel & Assoc. Director (on Oct.
                    14, 2008);

             c.     Anne Krauskopf, Esq., SEC Senior Special Counsel (on Oct. 14, 2008);

             d.     Jeffrey R. Vetter, Esq., Fenwick & West LLP (on Oct. 14, 2008);

             e.     Gordon K. Davidson, Esq., Fenwick & West LLP (on Oct. 14, 2008); and

             f.     Theodore G. Wang, Esq., Fenwick & West LLP (on Oct. 14, 2008)

    (2)      Record sought:

             a. Disclose all Facebook stock holdings by any and all SEC personnel
                and their families, including judges, to the "third degree" of relationship,
                and to the extent they continue to be subject to the disclosure
                requirements of 17 CFR §200 Canons of Ethics and other relevant rules
                and laws.3

             b. All communication and information exchanged by, between and among
                the above-named individuals and entities with any SEC employee as it
                relates in any way to Facebook.

 For further analysis of the possible SEC conflicts of interest, see Americans For Innovation
<> the contents of which are fully incorporated herein.

              c. Facebook’s Oct. 14, 2008 Section 12(g) exemption.4 I request the
                 complete record.

                   1.     These disclosures should be responsive to the requirements of the
                          Code of Conduct for United States Judges and Judicial Employees,
                          Canon 3(C) Disqualification and related case law; 28 U.S.C. §
                          455(b)(4) and related case law, e.g. Liljeberg v. Health Services
                          Acquisition Corp., 486 US 847 (Supreme Court 1988), as well as the
                          Code of Federal Regulations, including but not limited to Title 17.

                   2.     See also "Judicial Disqualification: An Analysis of Federal Law,"
                          Federal Judicial Center, 2010, p. 60 (regarding § 455(b) "Note that . .
                          . even the smallest financial interest (e.g., ownership of a single
                          share of stock) requires disqualification.")(emphasis added).5

                   3.     Please provide all views solicited prior to the approval of this
                          exemption pursuant to Code of Federal Regulations, Title 17:
                          Commodity and Securities Exchanges, Part 200, Subpart C—Canons
                          of Ethics, § 200.59 Relationship with persons subject to regulation
                          (“duty to solicit the views of interested persons.")

                   4.     Please provide the record relative to Code of Federal Regulations,
                          Title 17: Commodity and Securities Exchanges, Part 200, Subpart
                          C—Canons of Ethics, § 200.63 Commission opinions (“contain a
                          clear showing that no serious argument of counsel has been
                          disregarded or overlooked’) which requires full documentation and
                          rationale for the opinion. Please provide all solicitations of opinions
                          from third parties and opposing opinions.

              d. Please provide either the actual Documents or a Vaughn index of the
                 requested information.

         Kindly DO NOT provide the public contents of the SEC Form 4
         Insider Trading site. Instead, for this and other publicly available
         information, the URLs only will suffice. For example, the Form 4
         Insider Trading reports for James W. Breyer are voluminous and
         intertwined in an especially Byzantine manner. I already have those
         links. So, I do not want you to printout that material.

  Thomas J. Kim, Chief Counsel. Facebook Sec. 12(g) Exemption. SEC, Oct. 14, 2008
  Federal Judicial Center: <$file/judicialdq.pdf>.

                  1.   Requester’s name:
                             Your Name
                             City, State ZIP

                  2.   Date:
                  3.   Certification of request by notary:
                             See notary certification below
       This request is according the Public Information, Freedom of Information and
Privacy 37 CFR Part 102 Final Rule made effective on October 2, 2000 and published
on the official website of the United States Patent and Trademark Office under the FOIA
Regulations link at <>.

        Note is taken of FOIA Exemptions at
< exempt.htm>. This site includes a
wide-ranging set of nine exemptions. If the FOIA officer believes that any of my
requests are exempt, please identify that item in sufficient detail so that potential
Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).6

                                                  Fee Waiver

        Pursuant to your instructions, I respectfully request a waiver of fees associated
with this request. Specifically regarding the Waiver of Fees,7 I assert the following:

         1. This subject matter specifically concerns identifiable operations and activities
            of the government, as described herein.
         2. This disclosure is likely to contribute to an understanding of specific
            government operations and activities with regard to prospective conflicts of
            interest among agencies.
         3. This disclosure will contribute to the understanding of the public at large since
            the general public is interested in the operations of our agencies that are free
            of conflicts of interest that create inequities and lack of fair treatment.
         4. This disclosure will contribute significantly to public understanding of
            government agency activities vis a vis the fair operation of the justice system.
         5. I have an interest in the preservation of my rightful property rights under the

 See also Vaughn index. U.S. Department of Justice <>.
 Waiver of Fees. <>; See also 5 U.S.C. 552 (a)(4)(A)(iii) (1988)
< updates/Vol XVII 4/page2.htm>.

      6. The broader interests of the public in the fair treatment of all citizens before
         an apparently unaccountable or under-accountable judiciary motivate my

       Note is taken of the various policies regarding §102.11 Fees, and specifically
§102.11(d)(5)(i), which indicates that no advance fees are required. Where possible, an
electronic copy of the information is preferred. In cases where the electronic copy is
available, please do not print out the electronic copy and then charge the $0.15 per
page charge.

        Respectfully, the regulations contain numerous opportunities for lack of
transparency. For example, (c)(3) Search (i) “The FOIA Officer will charge for time spent
searching even if no responsive records are located or if located records are entirely
exempt from disclosure.” I respectfully request that if such charges are to be made, that
the officer will provide the specific search parameters used, and a sufficiently detailed
abstract of the results, so that the documents can be reviewed if an appeal is requested.
I trust given the nature of this inquiry, the officer will not consider this request

      In order to help you determine my status for the purpose of assessing fees, you
should know that I am requesting these records for personal use.

      I respectfully request a waiver of fees for this request because disclosure of the
requested information is in the public interest. It is likely to contribute to public
understanding of the practices of the USPTO and federal judiciary and is not primarily in
my commercial interest.

      Improprieties appear to be occurring with respect to the operation of the SEC,
Facebook, and the Facebook self-named “eco-system” or network of beneficiary entities
and individuals here and abroad.

        I believe it is in the public’s interest to understand what is going on and why
agencies of the U.S government appear to be marching in lockstep with Facebook and
its attorney firms.

     Please feel free to email or call me to discuss any aspect of my request. THANK
YOU for your assistance.

      Sincerely,                                  SWORN TO AND SUBSCRIBED
                                                  Before me this ____ date of
                                                  _____________, 2013

                                                  Notary Public

The Honorable Jim Jordan (4th Dist. OH)
3121 West Elm Plaza
Lima, OH 45805
T (419) 999-6455
F (419) 999-4238

Rebecca M. Blank, Acting Secretary of Commerce and Deputy Secretary of Commerce,
Department of Commerce
1401 Constitution Ave, N.W.
Herbert C. Hoover Bldg, Room 5838
Washington, D.C. 20230
(202) 482-8376 | (202) 482-2308 FAX |


Description: This Freedom of Information Act (FOIA) template can be used by any American citizen to ask the U.S. Securities and Exchange Commission to explain how and why they waived the rules to grant Facebook an exemption to the 500-shareholder rule (12(g). This unprecedented exemption opened the floodgates of over $3+ billion in foreign investments, mostly from Russian oligarchs Yuri Milner and Alisher Asmanov. Yuri Milner and Facebook's COO Sheryl Sandberg are proteges of Lawrence "Larry" Summers going back to his days as a Harvard economics professor and then Chief Economist for the World Bank where he recommended the failed Russian voucher system that gave Milner and Asmanov their dubious wealth. Ask the SEC to explain their exemptions-while-u-wait conduct.