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To: chairman < chairman@sec.gov> Cc: Cathy.Scott < Cathy.Scott@senate.state.tx.us>; Charity.Nicholson < Charity.Nicholson@senate.state.tx.us> Sent: Thu, Jun 4, 2015 1:30 pm Subject: MONY / AXA Ponzi Chair Mary Jo White
Securities and Exchange Dear
Ms. White,
Enclosed is additional information for your investigation. Most likely you will find former Governor George W. Bush's not
so blind trust investments a the heart of Texas' reluctance to take any action over MONY's Ponzi. Mr. Bush was
aware of Coopers and Lybrand's involvement in MONY's fraudulent
financial statements and the looting of the company when he authorized the payment of $17,045 for Coopers & Lybrand to
evaluate the Texas Teachers Retirement Fund's real estate portfolio and make recommendations. They recommended the sale of
a building in Austin, TX that had a current value of $143,000,000 to Crescent REIT for $97,000,000. About the same time
Crescent REIT paid $155,000,000 for MONY properties valued on MONY financial statements at double that amount. Crescent's
stock jumped and Mr. Bush's not so blind trust that was managed by Crescent President John Goff suddenly became profitable.
Mr. Bush then announced his run for the presidency and had his investments placed in T-bills.
Both Governors Perry and Abbott have for many years known of the massive
fraud by PricewaterhouseCoopers, Goldman Sachs, Vinson& Elkins, and AXA and have refused to take any action. By separate
cover I will send you the information on the New York Department of Insurance and former Governor Pataki.
Please don't hesitate to contact me for additional information or documentation.
R. Dale Abshire
2606 Twelve Oaks Lane Colleyville, TX 76034 Securities and Exchange Commission
Office of Inspector General
100 F Street, NE
Washington, DC 20549-2736
June 4, 2010 Dear
Mr. Kotz, It has now been over a year since I made you and Mr. Khuzami aware of the AXA/MONY PricewaterhouseCoopers
accounting fraud and Ponzi. As near as I can tell, you have not taken any action with regards to this complaint. From
news reports I have noted that several of the individuals that were involved have been promoted and received new jobs
with the very companies that they were supposed to oversee. Should I just opine that you and Mr.
Khuzami and Chairman Schapiro have in fact decided to take the politically correct position and continue to ignore the
longest running Ponzi in American history? Surly you have a reason for your lack of action in not protecting the public.
This is not an old issue, it is an ongoing Ponzi and I would like to have an answer. My children have a right to know
where their $5,000,000 went! I am preparing to update the information on my web sites that are
mentioned in the attached letter to Chairman Schapiro. I do not want to interfere with any investigation work that you
actually have in process with regard to this matter and request that you respond ASAP to this request for an explanation. Respectfully, R. Dale Abshire 2606
Twelve Oaks Lane Colleyville, TX 76034 Chairman Mary L. Schapiro Securities
and Exchange Commission
January 27, 2009 Washington, DC Dear Chairman Schapiro: Enclosed are copies of communications
with Rep. Paul Kanjorski concerning the Securities and Exchange Commission and the referral to the "Subcommittee
on Capital Markets, Insurance and Government Sponsored Enterprises". In light of President
Obama's Executive Order on FOIA I wanted to give the SEC another opportunity to comply with my previous requests. Can you
help expedite this matter? The following SEC employees have been involved and have the records of my request back
to 2002... Frank Henderson, Tina Churchman, Gloria Smith-Hill and Ronnye L. Hall. The records existed when I first requested
them.... if they no longer exist then I want to know who gave the order to destroy them and why! I would also like
to know if you can help me with the rescission of the guaranteed retirement plan (GRP) policies
that I purchased from MONY. MONY sold the policies as solid safe investments and claimed to be using 7 to 71/2% rates of return
on solid assets. New York Attorney General Eliot Spitzer and Connecticut AG Blumenthal found the policies to be illustrating
double digit returns and fraudulent. A review of the audits of the company show that the double digit returns were being illustrated
on non-existent assets and officers of the company were looting policyholder equity via a Secret Phantom Stock
Plan and out and out theft. My PONZI policies and the SEC's inability to produce an accurate, concise and properly
opined financial statement for MONY for anytime in the last 25 years speaks directly to the cause of the current economic
situation. Please so not hesitate to contact me at 817 310-0153 or email at RAbshire@aol.com. Respectfully, R. Dale Abshire 2606 Twelve Oaks Lane Colleyville, TX 76034 NEWS FLASH... Bellar & Prezioso are
leaving SEC.....Corruption Lackey Richards leaves for her 30 pieces of silver at PricewaterhouseCoopers!
Beller
and Prezioso both willingly entered into a criminal conspiracy to cover-up and conceal MONY's fraudulent financial statements
and aided in the continuation of a "fraud on the public." Their integrity level is somewhere less than that of a
common pedophile!
Additional details @ http://www.SpitzerAG.com/
Subj: Congratulations to Giovanni P. Prezioso!
Date: 04/07/2002 2:31:36 PM Central Daylight Time
From: RAbshire
To: PreziosoG@cgsh.com
Giovanni
P. Prezioso
Cleary, Gottlieb, Steen & Hamilton
Washington, D.C.
Dear Mr. Prezioso:
Congratulations
on your appointment as General Counsel of the United States Securities and Exchange Commission. From the Cleary, Gottlieb,
Steen & Hamilton web site I noticed that you received a J.D. degree, magna cum laude, from Harvard Law School in 1982
and appear to have been quite successful and well respected in the legal community and well suited to the position.
As a member of the insurance and securities industry for over 30 years, I commend you for taking on the job of restoring
integrity and honesty to the ranks of the SEC. As you may already know, the many years of corruption and dishonesty within
the SEC ranks have placed the "confidence in the U.S. and global securities markets" at risk. As an example I offer
the attached and ask your help in obtaining an accurate and properly opined financial statement for my insurance company.
According to the sworn affidavit of R. Larry Johnson CPA, MONY's financial statements were fraudulent when you achieved the
above mentioned J.D. in 1982!
Thank you in advance and good luck in your new position.
Respectfully,
R. Dale Abshire
4316 Pembrooke Pkwy N.
Colleyville, TX 76034 817 267-2020
_______________________________________________________
Subj: Possible Conflict
Date: 02/11/2004
To: Bellera@sec.gov
CC: antigone.simmons@sec.state.ma.us,
StaceyC@sec.gov
Mr. Alan Beller, Director
Securities and Exchange Commission
Division of Corporation
Finance
450 Fifth Street, N.W.
Washington, DC 20549
Dear Mr. Beller:
On numerous occasions
I have copied you concerning the FRAUDULENT FINANCIAL STATEMENTS of MONY and the SEC's part in knowingly allowing the company
to be taken public with those statements. You have never responded and now I read that you or other SEC personell have been
consulting with lawyers for MONY in an effort to assist the MONY/AXA merger in an obvious attempt to bury this massive fraud.
Considering the FACT that you and the SEC can't produce an accurate and properly opined financial statement for MONY
for over 20 years it would be inappropriate for you to reply to Judge Richard J. Howell's request for a "friend of the
court" letter without explaining the criminal actions of the SEC personell in allowing Goldman Sachs, Dewey Ballantine,
PricewaterhouseCoopers and others to IPO a looted insurance company.
You are "conflicted" in this matter!
Respectfully,
R. Dale Abshire
3308 Pin Oak Ln.
Bedford, Texas 76021 817 267-2020
William Francis Galvin
Secretary of the Commonwealth
State House, Room 337
Boston, MA 02133
Dear Mr. Galvin:
Neither you nor anyone else in your state can produce an accurate, concise and properly
opined financial statement for MONY for 20 years. The same applies to their Enterprise Funds. According to Mr. Anthony M.
DiPaolo, Deputy Chief of Investigations for the Massachusetts Insurance Fraud Bureau, MONY may in fact be the largest insurance
fraud case in American history. After he and the Bureau reviewed the documents and records he stated that they could not understand
how the insurance and securities regulators could have let it go on for so long. Shortly after his statements his files were
removed and the case was transferred to another governmental agency for burial.
According to the sworn affidavit
of "Bush Team" endorsed CPA, R. Larry Johnson, MONY first started cooking their books in 1982. Coopers & Lybrand
/ PricewaterhouseCoopers has issued unqualified opinions falsely claiming to be independent on financial statements with hundreds
of millions of dollars in illegal transactions. MONY's Chairman, Michael I. Roth, is a former Coopers & Lybrand partner.
Mr. Johnson, whose affidavit detailing more than $600,000,000 in illegal transactions is available @ http://monybush.com/LarryJohnson.html.
He was unaware of the Florida Department of Insurance letter to Mr. Roth at the time of his affidavit and did not know of
the outside financial dealings between MONY and Coopers & Lybrand that violated the auditor independence rules. The Florida
letter detailing more than a billion dollars in mistakes in the surplus accounts is available at http://www.MONYBUSH.com/
During 1998 PricewaterhouseCoopers used the fraudulent financials to take MONY public with the blessing of the
SEC's Northeastern Regional Director, Carmen J. Lawrence. Ms. Lawrence was then rewarded with the position of Copartner to
Harvey Pitt at Fried, Frank, Harris, Shriver & Jacobson. Mr. Pitt was then appointed Chairman of the Securities and Exchange
Commission by President Bush. Mr. Pitt and his minions at the SEC then refused to answer FOIA requests to protect PWC over
their illegal dealings with MONY. See Public Company Accounting Oversight Board letter for details @ id2.html.
Additional
information about corruption at the Securities & Exchange Commission and the Grand Jury Letter to Governor G. W. Bush
is available @ http://www.MONYINTERNATIONAL.com/ and http://www.MONYBUSH.com/
http://www.MONYSUCKS.com/.
Can
you help me obtain an accurate, concise and properly opined financial statement for MONY prior to the AXA Financial takeover.
I am a policyholder, a family member of a shareholder and have suffered several million dollars in losses as a result of this
fraud. I only want what the law says I am entitled to receive.
I have held securities and life insurance licenses
for over 30 years in Texas and make this report of fraud to you as mandated by Article 1.10d of the Texas Insurance Code.
Please feel free to contact me at 817 267-2020 with any questions.
Respectfully,
R. Dale Abshire
3308 Pin Oak Lane
Bedford, Texas 76021
___________________________________________________________________________________________________
Subj: PricewaterhouseCoopers / MONY conflict
Date: 09/18/2003 10:01:54 AM Central Standard Time
From:
RAbshire
To: Richard.Silver@axa-financial.com
CC: CutlerS@sec.gov, CarlinW@sec.gov, RashkoverB@sec.gov, foia/pa@sec.gov
Richard Silver
General Counsel
AXA Financial Inc.
Dear Mr. Silver:
As a MONY policyholder
and a member of the insurance and securities industry for over 30 years I want to make you aware of a serious "CONFLICT"
by PricewaterhouseCoopers with regard to the MONY transaction. As you are aware PWC represents itself as the independent auditor
for both MONY and AXA. The opinion letters issued by PWC and filed with MONY's financial statements are false!
For
brevitys sake I have posted the information concerning MONY's fraudulent financial statements and the looting of the company
on the following web sites:
http://www.PWCSUCKS.com/ http://www.MONYBUSH.com/ http://www.MONYINTERNATIONAL.com/
http://www.TAMUEX.com/ http://MONYSUCKS.com/
You may want to bring this matter to the attention of the AXA
Board of Directors before diving into this cesspool of filth and corruption.
Please feel free to contact me with
any questions or document requests.
R. Dale Abshire
3308 Pin Oak Ln.
Bedford, Tx 76021 817 267-2020
_______________________________________________________________________________________________
Subj: att:
William J. McDonough
Date: 04/29/2003
To: info@pcaobus.org
CC: CutlerS@sec.gov, CarlinW@sec.gov, RashkoverB@sec.gov,
foia/pa@sec.gov
William J. McDonough, Chairman
Public Company Accounting Oversight Board
1666
K Street, NW
Washington, DC 20006-2803
Dear Mr. McDonough:
As a 30+ year member of the insurance
and securities industry I was pleased to see your appointment as Chair of the PCAOB and applaud your willingness to accept
the job of cleaning up the accounting industry. Restoring consumer confidence in our markets and the folks that regulate it
are a most important factor in restarting the economy.
I would like to call your attention to a matter involving
PricewaterhouseCoopers and the fraudulent financial statements of MONY Group, Inc. and ask your help in obtaining information
that the SEC has refused under Freedom of Information. I am a former 19 yr employee that successfully sued MONY in the early
90s over my termination. As a result of discovery in that case I became aware of serious criminal acts by MONY's Senior Officers
and BoD members. I obtained a copy of an N.A.I.C. examination of the company that revealed over $600,000,000 in illegal transactions
on their financial statements. I later obtained a copy of an investigation by the Florida Department of Insurance that revealed
a $1.3 billion discrepancy in the surplus account. I also obtained a copy of the "Secret Phantom Stock Plan" that
paid 10s of millions of dollars to officers of the company as a result of the false claims on the financial statements. Those
false statements were also used to illustrate dividends on the ponzi contracts that were sold to the public as "investment
grade" life insurance contracts.
According to the sworn affidavit of "Bush Team" endorsed CPA, R.
Larry Johnson, MONY first started cooking their books in 1982. Coopers & Lybrand / PricewaterhouseCoopers has issued unqualified
opinions falsely claiming to be independent on financial statements with hundreds of millions of dollars in illegal transactions.
MONY's Chairman, Michael I. Roth, is a former Coopers & Lybrand partner. Mr. Johnson, whose affidavit is available on
the http://www.PWCSUCKS.com/ site, was unaware of the Florida Department of Insurance letter to Mr. Roth at the time of his
affidavit and did not know of the outside financial dealings between MONY and Coopers & Lybrand that violated the auditor
independence rules.
Prior to MONY's IPO in November of 1998 the SEC first confirmed (Joseph Dimaria) that MONY
had filed fraudulent financial statements with the SEC and then denied that they ever filed any statements with the SEC (Carmen
J. Lawrence). MONY has filed with the SEC since at least the early 70s! You may read the SEC letters on the http://www.MONYINTERNATIONAL.com/
site along with the WSJ article that was written after MONY's IPO. The SEC claimed they were investigating MONY and couldn't
talk about it. Three years later they admitted that there had never been an investigation and now refuses to answer FOI requests.
Attached below are copies of a couple of FOI requests that the SEC has refused to answer. Can you help me obtain
these documents along with a copy of an accurate financial statement that contains the opinion of an independent accountant?
Your help will be greatly appreciated. Please do not hesitate to contact me at 817 267-2020 if you have any questions
or need documentation.
Respectfully,
R. Dale Abshire
3308 Pin Oak Ln.
Bedford, Texas 76021
__________________________________________________________________________________________________
Subj: FOI
Request / PWC
Date: 07/17/2002
To: CarlinW@sec.gov, RashkoverB@sec.gov
Wayne Carlin
Northeastern
Regional Director
Securities & Exchange Commission
To:Wayne M. Carlin
Barry W. Rashkover
Dear Sir:
Today I spoke with Barry W. Rashkover about the 14 companies that were not identified in the
SEC news release about PWC. He refused to identify the companies. I am assuming that this is a ploy to hide MONY's fraudulent
financials generated by PWC that the SEC allowed to be used in their IPO.
Under Freedom of Information I request
the names of the 14 companies that were not named in the PWC action by the SEC listed below.
"In the Matter
of PricewaterhouseCoopers LLP, and PricewaterhouseCoopers Securities LLC, Exchange Act Release No. 46216 (July 17, 2002) http://www.sec.gov/news/press/2002-105.htm"
"The SEC's order finds that, by virtue of PwC's independence violations, the firm caused 16 PwC public audit
clients to file financial statements with the SEC that did not comply with the reporting provisions of the federal securities
laws."
RAbshire@AOL.com
4316 Pembrooke Pkwy N.
Colleyville, Tx 76034
The SEC refused to identify
the 14 companies that PWC took public with fraudulent financial statements!
Subj: www.PWCSUCKS.com
Date:
06/22/2002 2:08:34 PM Central Daylight Time
From: RAbshire
To: CarlinW@sec.gov
Wayne Carlin
Northeastern
Regional Director
Securities & Exchange Commission
Dear Mr. Carlin:
As I am sure you are aware,
your predecessor Ms. Carmen J. Lawrence and a number of her minions participated in the MONY cabal. I recently spoke with
former SEC attorney Gary Langan Goodenow and asked him to review the http://www.MONYINTERNATIONAL.com/ site with emphasis
on the Lawrence letter responding to my request of Mr. Levitt. He has referred to the letter as "damning" and has
also agreed that PWC is not independent with regard to MONY's financial statements.
I also call your attention
to the WSJ article on the www.MONYINTERNATIONAL.com site that references an alleged investigation by the SEC. I have confirmed
via FOI that there was never any investigation and that Ms. Dorothy Heyl now claims her files were lost in the 911 disaster.
It was Ms. Heyl who contacted me after Mike Schroeder went to the SEC with the Lawrence letter and the other documents that
I gave him. I personally find Ms. Heyl's use of the 911 disaster to hide criminal conduct to be disgusting at best.
I have now put up the http://www.PWCSUCKS.com/ site and wanted to make you aware of it's content. I will be updating it
on a regular basis going forward. You may want to review my other sites @
www.MONYBUSH.com www.MONYSUCKS.com www.TAMUEX.com
If after reviewing the above sites you find any information that is incorrect or you disagree with I request that
you contact me ASAP so that I can make the appropriate corrections otherwise I will assume that you and the SEC are in full
agreement with the content. You should also consider this as a report of fraud and other criminal activity submitted under
whistle blower and state insurance law statutes.
Respectfully,
R. Dale Abshire
Subj: Coopers
and Lybrand
Date: 03/01/98 Date 03/01/98
To: chairmanoffice@sec.gov
Mr. Arthur Levitt
Chairmain SEC
Dear Mr. Levitt,
As you are aware, during
1994 the New York Department of Insurance released the 1992 audit of the Mutual Life Insurance Company of New York (MONY)
which revealed some $600,000,000 in illegal transactions. During 1995 the Texas Dept. of Insurance informed me that they
were not interested in investigating insurance executives who only steal $500 per month nor were they interested in investigating
a $55,000,000 false entry on MONY's financial statements. They also informed me that I should rely on the "unqualified
opinion" of Coopers and Lybrand LLP, the "independent" outside auditor of the company.
Coopers
and Lybrand had issued "unqualified opinions" both before and after the audit. I discovered that shortly after
the New York Department of Insurance signed off on the "bad audit" that Coopers and Lybrand acted as the vendor
on the sale of a financial insturment in excess of $8,000,000 to MONY. I sent the information to Mr. Walter Ricciardi, ass't
general counsel, at Coopers and Lybrand and asked him for an explanation. I also sent him a number of other documents and
CPA reports from court records. I was not pleased with his rather "lame" excuses. I then confirmed with the Texas
Board of Public Accountancy that the transaction was inappropriate and constituted a conflict.
Your employee,
Mr. Joseph Dimaria confirmed that the
statements filed with the SEC were false. Now, he dosen't return his phone calls.
The New York, Texas, Oklahoma, Wisconsin, Maine, Nevada, Florida, and California Departments of Insurance, three
US Senators (D'Amato, Gramm and Hutchison), the Labor Department, Governor George W. Bush, Congressman Joe Barton, Texas Senator
Chris Harris and State Rep. Nancy Moffat have been unable to produce or cause to be produced an accurate, concise and complete
financial statement ( as required by law ) for any year since 1985. Two N.A.I.C. Presidents, Ms. Josephine Musser and Mr.
Brian K. Atchinson along with New York Assemblyman Alex Grannis, who is Chairman of the Insurance Committee in New York, have
refused to answer Freedom of Information requests.
Under the Freedom of Information Act, I request that you
supply me with a list of every company that uses Coopers and Lybrand LLP as it's outside auditor. I also request copies of
all letters and correspondence of any kind in the care, custody or control of the SEC with regards to any
investigation
of MONY or its employees relevant to my September 20, 1997 letter to Mr. Joseph Dimaria and those issues raised in the letter.
I believe widows, children and old people in Texas are going to lose more than 1 Billion dollars as the result of
the actions of the Texas Deparrtment of Insurance.
I look forward to your prompt response!
Respectfully,
R. Dale Abshire
4316 Pembrooke Pkwy N.
Colleyville, Texas 76034
817 267-2020
Fax 817
267-5055
______________________________________________________________________
Subj: False Financial Statements
Date: 05/28/98 Date 05/28/98
To: chairmanoffice@sec.gov
File: \WINDOWS\DOCUME~1\DAVIDSON (4138 bytes)
DL Time (28800 bps): < 1 minute
Mr. Arthur Levitt
Chairman
Securities & Exchange Comm.
Dear Mr. Levitt,
The Mutual Life Insurance Company
of New York ( MONY ) will soon be asking policyholders to vote on a proposed plan to demutualize and become a stock company.
Your Mr. Joseph Dimaria and Ms. Debra Walker have confirmed that the SEC can't produce accurate, concise and complete financial
statements ( as required by law ) for MONY and that the statements filed with the SEC are false.
Worse yet, you
looked the other way and ignored the "CONFLICT" created by Coopers & Lybrand L.L.P. selling financial instruments
to the company while filing "Unqualified Opinion" letters feigning "Independence". I ask that you have
Coopers & Lybrand L.L.P. withdraw as outside auditor and take the proper steps to see that policyholders have access to
accurate financial statements well in advance of the vote.
During early 1997 the New York Department of Insurance
conducted an audit of MONY. The audit that was conducted in 1992, which contained $600,000,000 in illegal transactions, was
suppressed until late 1994 by the New York Department of Insurance. Can you help policyholders obtain a copy of the 1997
audit before they are asked to vote?
The attached letter of clarification went unanswered.
If you
have any questions, please do not hesitate to contact me at 817 267-2020 or fax at 817 267-5055.
Respectfully,
R. Dale Abshire
4316 Pembrooke Pkwy N.
Colleyville, Texas 76034
_____________________________
attachment:
DONNA GARCIA DAVIDSON
ASSISTANT GENERAL COUNSEL
May 7, 1998
STATE OF TEXAS
OFFICE OF THE GOVERNOR
Dear Ms. Davidson,
I am in receipt of
your May 4, 1998, letter responding to my Open Records request dated April 20, 1998, to Governor George W. Bush. The vagueness
of your response and the appearance of your letter addressed to me and dated January 22, 1997, does cause me concern. I have
no recollection of having ever seen the January 22, 1997, letter which in and of itself appears to be an admission of knowledge
of "suspected fraud" in the business of insurance by the Office of the Governor.
With regard to the
vagueness of your response to the April 20, 1998, request, it appears that you are telling me that the Governor of Texas has
approved millions of dollars in contracts to a Big Six accounting firm that is on "probation" for criminal activities
involving "Bid Rigging" of Government contracts. The same accounting firm that issued "unqualified opinions"
on the financial statements of an insurance company that the New York Department of Insurance claimed to be false and contained
$600,000,000 in illegal transactions. The same accounting firm that was acting as the vendor on the sale a financial instrument
to the company while claiming itself to be the "independent" outside auditor for the company on the statements filed
in Texas for the year 1994. The same financial statements that fail to properly disclose the payment of more than $686,000
paid to the law firm of my US Senator's husband. The same financial statements that the Texas Department of Insurance claim
are correct and say that I should rely on because of the "unqualified opinion" of the "independent" outside
auditor. The same Department of Insurance that told me they weren't interested in investigating insurance executives who
only steal $500 per month nor were they interested in investigating the $55,000,000 false entry on the company's financial
statements. This is the same Department of Insurance that granted approval for the sale of an insurance product to Texans
that was dependent on investment returns based on nonexistent assets and $5,000,000 per acre vacant lots in Texas. The same
product that thousands of Texans purchased to fund their children's education, retirement and provide long term financial
security for their family. The same Texans who have been lied to by company management and the Texas Department of Insurance.
The same Texans who are not going to receive 100s of millions of dollars that they were led to believe they would.
It also appears that your response admits that the Governor has allowed the CPA firm to have access to confidential medical
records and sensitive investment data at state agencies while on "Probation" for criminal activities without so
much as a whisper of warning to state agencies and employees.
You made no mention of the part of my request that
asked about any financial transactions between the Governor and the insurance company mentioned above. I am assuming that
he has refused to answer the question about him now owning
investments that used to belong to policyholders of this
company.
This also confirms that at no time during the Governor's term of office has he been able to produce
or cause to be produced an accurate concise and complete financial statement ( as required by law ) for the Mutual Life Insurance
Company of New York.
So that there won't be any misunderstanding, I do want to give you an opportunity to clarify
any of the above as stated. If anything in this letter is incorrect, I request that you immediately notify me via fax @ 817
276-5055 or e-mail by the end of business on May 8, 1998, otherwise, I will assume that you and Governor Bush are in agreement
with each and every statement. If you find that something is not right, be exact in your response.
Respectfully,
R. Dale Abshire
4316 Pembrooke Pkwy N.
Colleyville, Texas 76034 Signed fax copy sent
to: 512 463-1849
______________________________________________________________________
RESPONSE: Carmen
J. Lawrence________
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
NORTHEAST REGIONAL
OFFICE
13TH FLOOR
SEVEN WORLD TRADE CENTER NY-BD-RLA
NEW YORK, NEW YORK 10048 (212) 748-8051
September
9, 1998
Mr. R. Dale Abshire
4316 Pembrooke Pkwy N.
Colleyville, Texas 76034
Re: Mutual Life Insurance Company
of New York ("MONY")
Dear Mr. Abshire:
Your recent undated letter addressed to Chairman Arthur Levitt (received in this office July 8, 1998) has been referred
to this office for response. We have reviewed your letter (together with the correspondence attached) in light of the Commission's
responsibilities under the federal securities laws. Basically, you are asking this
Commission to provide you with MONY's
current financial statements.
We must state at the outset that we cannot provide you with such financial statements.
A search of our records discloses that MONY does not have any securities registered with this Commission and, accordingly,
is not required to file financial reports. MONY is not required to file reports with the Commission because it is a mutual
life insurance company owned by its policy holders (in this regard, we note that insurance policies are specifically exempted
from registration under Section 3 (a)(8) of the Securities Act of 1933). In addition, MONY is subject to the supervision of
the insurance commissioners of the various States of the United States. Furthermore, it appears that MONY has not issued any
securities which must be registered under the Securities Exchange Act of 1934 (which would require MONY to file corporate
and financial reports with the Commission). Accordingly, since MONY does not have any securities registered (or required to
be registered) with this Commission, it is not required to file any financial statements with us. For that reason, we do not
have the financial statements you are seeking and, accordingly, cannot comply with your request.
With respect
to the alleged conflict of interest on the part of MONY's certified public accountants, again, since MONY has no securities
registered with this Commission, this concern is peculiarly a matter for determination by MONY's board of directors and possibly
within the jurisdiction of the appropriate State Insurance Commission.
Mr. R. Dale Abshire
September 9,
1998
Page Two
With respect to the 1997 report by the New York State Insurance Department, such report
appears to have been prepared by that agency for its own regulatory purposes: it would be inappropriate for this Commission
to request the general release of such report.
We regret we cannot be of assistance to you in this matter.
Sincerely,
CARMEN J. LAWRENCE
Regional Director
______________________________________________________________________
Response by R. Dale Abshire
Subj: MONY/FOI
Date: 9/15/98
To: ranthony@sec.gov, d.smith@sec.gov
CC: chairmanoffice@sec.gov, TTSandals@aol.com
Ms. Carmen J. Lawrence
Regional Director
SEC/NY
NY-BD-RLA
Dear Ms. Lawrence,
I
am in receipt of your letter of September 9, 1998, responding to my letter to Chairman Arthur Levitt dated May, 28, 1998.
There appears to be some confusion with regard to my request and what you have sent.
I was already aware that
you, Mr. Levitt , the insurance commissioners in all 50 states, the District of Columbia and 4 Territories along with the
various State Securities agencies could not produce or cause to be produced an accurate, concise and complete financial statement
(as required by law) for more than 10 years for MONY. If you had simply walked down one (1) floor in your building to Mr.
Dimaria's office he could have explained the situation to you. You surely saw his and Ms. Walker's names in the first paragraph
of the Levitt letter!
Your contention in paragraph 2 of your response that MONY doesn't file financial statements
with the SEC and that there are no securities listed is wishful thinking on your part. Once again, I refer you to Mr. Dimaria
for a peek in the file at the ADV filings for MONY Securities Inc. which contain the $600,000,000 in ILLEGAL TRANSACTIONS
cited in the New York audit that is also in the file and verified in the Walker letter dated 4/15/98.
Your statements
with regard to MONY's "certified public accountants" ( Coopers & Lybrand L.L.P.) and your determination that
the board of directors should be the ones to deal with the situation does not even warrant a response. You need to take a
look at the SEC website and see how that situation should be handled. You might want to take a look at Mr. Levitt's October
1997 speech on "A Declaration of (Accounting) Independence."
As Mr. Levitt and the SEC are aware,
Coopers and Lybrand L.L.P. gave up their "INDEPENDENCE" during 1994. The opinion letters issued by Coopers and
Lybrand L.L.P. after September of 1994 that claim they were "INDEPENDENT" are false. The documents filed with the
SEC are false. Filing false documents or causing false documents to be filed with a government agency is a violation of the
law. You can
search the SEC files on the Internet to find the documents.
Example:0000950112-95-002249
Filed August 08, 1995
Document lists INDEPENDENT ACCOUNTANTS
Coopers
& Lybrand L.L.P.
According to the Consent Order from Florida, MONY was insolvent when the 1994 ADV statements
were filed with the SEC. TheJosephine Musser letter in the SEC's file contained assumed admissions regarding the involvement
of Governor George W. Bush along with the N.A.I.C. members in the perpetration of a "Fraud on the Public." The
1994 financial statements filed in Texas as well as other states, fails to properly disclose more than $686,000 in payments
to the law firm of my U.S. Senators husband, my other U.S. Senator's office has reported him to be "POWERLESS" and
now you want to send me your regrets!
It appears that a deal was made as the result of the Symington / Coopers
& Lybrand L.L.P./ MONY problem and the Price Waterhouse L.L.P. refusal to give the USDOJ and FBI an unqualified opinion
of their 1996 FMFIA report. It is interesting that the entire regulator system of our country would allow an accounting firm
that is on probation for "Bid Rigging" of government contracts to cause hundreds if not thousands of false documents
to be filed with government agencies from coast to coast while unsuspecting citizens invest their hard earned money in a dry
hole because they think you are doing your job!
Your response to my request was unacceptable!
Respectfully,
R. Dale Abshire
4316 Pembrooke Pkwy N.
Colleyville, Tx 76034
817 267-2020 Fax 817 267-5055
______________________________________________________
UNITED
STATES
SECURITIES AND EXCHANGE COMMISSION
NORTHEAST REGIONAL OFFICE
13TH FLOOR
SEVEN WORLD TRADE CENTER
NEW YORK, NEW YORK 10048
September 21, 1998
Mr. R. Dale Abshire
4316 Pembrooke Pkwy N.
Colleyville, Texas 76034
Re: Mutual Life Insurance Company
of New York ("MONY")
Dear Mr. Abshire:
This is in reply to your letter of September 15,
1998.
We have again reviewed the entire file of your complaint against MONY and have conducted an additional search
of our files in consideration of the specific concerns raised in your letter. The search of our files did not disclose any
additional information. Accordingly, we can find nothing to add to our letter of September 9, 1998, (a copy of which is attached).
We regret we cannot be of assistance to you in this matter.
Sincerely,
Robert L. Anthony,
Attorney-Advisor
Branch of Broker-Dealer
Enforcement and Interpretations
rtf copy / original available
on request
_____________________________________________________
Walker letter:
Subj: FOIA / Request No. 98-698
Date: 04/15/98
To: foia/pa@sec.gov
CC: walter.ricciardi@us.coopers.com
CC: Jeep48Brn@aol.com, chairmanoffice@sec.gov
CC: ACCOUNTANCYBOARD@MSN.COM, info@azdoi.e-mail.com
CC: chris.sharman@house.state.tx.us,
foia/pa@sec.gov
CC: oms@sec.gov, dfw@sec.gov, BCG@SAO.STATE.TX.US
CC: fraud.osi@gao.gov
CC: John_Dougherty@phoenixnewtimes.com
CC: tmrozek@usdoj.gov, Dennis_veit@tdi.state.tx.us
CC: naicweb@naic.org, insurance@commerce.state.ak.us
CC: Alessandro.A.luppa@state.me.us
CC: LFA@sao.state.tx.us
CC: vice.president@whitehouse.gov, tslicas@fasb.org
CC: jvanania@fasb.org, atcope@fasb.org
CC: nfoster@fasb.org, eljenkins@fasb.org
CC: gnlarson@fasb.org, jjleisenring@fasb.org
CC: ggmueller@fasb.org
Ms. Debra Walker
Securities & Exchange Comm.
Dear Ms. Walker,
I have received your
April 9, 1998 letter regarding the above referenced FOIA request. Please use this letter as your authority to produce the
"paper copy" of the list of Coopers and Lybrand L.L.P. clients who use them as their outside
auditor. I
agree to pay the $250 for expense in producing the list.
This letter is to also acknowledge that the Securities
and Exchange Commission has no documents relative to any investigation of The Mutual Life Insurance Company of New York, MONY
Life Of America or Coopers & Lybrand L.L.P. that
resulted from my September 20, 1997 letter to Mr. Joseph Dimaria
in which I requested his help in obtaining an accurate,concise and complete financial statement for MONY. This is also to
confirm that the SEC could not produce an accurate financial statement for MONY and admitted that the ADV filings were false,
that the $600,000,000 in illegal transactions shown on the 1992 Audit by the New York Department of Insurance was also included
in the ADV filings to the SEC. This is also to confirm that the SEC is aware that Coopers & Lybrand L.L.P.acted as the
vendor on the sale of financial instruments to MONY while also holding itself up as "independent outside auditor".
This is to confirm that the Securities and Exchange Commission has taken no action against MONY or Coopers &
Lybrand L.L.P. and that no investigation was undertaken as the result of the information provided to Mr. Joseph Dimiria on
September 20, 1997!
This is also to confirm that Mr. Arthur Levitt was aware of Coopers and Lybrand's "lack
of independence" with regards to the "unqualified opinions" on MONY's false financial statements when he delivered
his October 8, 1997 "A Declaration of (Accounting) Independence" speech in New York.
If you have any
questions, please don't hesitate to call me at 817 267-2020 or fax at 817 267-5055.
Respectfully,
R. Dale Abshire
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