Nebraska Tea Party Leader Reveals Harassment Emails Sent by State Employees

Sept. 1, 2011 - PRLog -- At a morning news conference, Bob Bennie, respected longtime financial advisor in Lincoln, Neb., and a Nebraska tea party leader, revealed incriminating Nebraska Department of Banking and Finance emails that show he was subjected to an unwarranted probe by the department for his political views. The emails were obtained as part of Bennie’s $6.43 million lawsuit filed in June against four department employees for harassment and violation of his constitutional rights.

“These emails clearly demonstrate a coordinated attack by the department on my freedom of speech that specifically targets my political views and nothing else,” said Bennie.
“We have clear and indisputable evidence of abuse of authority, official misconduct, and violation of constitutional oath of office.”

“I will not stand by while unelected bureaucrats shred my most basic constitutional rights,” he said.

“This new evidence goes directly to Mr. Bennie's claims for violation of his civil rights," said Steve Grasz, Bennie’s attorney and former chief deputy attorney general for the state of Nebraska.

Bennie is suing John Munn, director of the Nebraska Department of Banking and Finance, Jack Herstein, assistant director of the Bureau of Securities, Rodney Griess, supervisor of the Investigation and Compliance Unit, and Jackie Walter, securities examiner.

Bennie said his business, Bob Bennie Wealth Management, lost millions of dollars in assets under management from December 2010 to the spring of 2011 after the state banking department launched a review of his business without due process and prohibited him from advertising or soliciting new business.  

The emails reveal that the action was prompted by Bennie’s political views – more specifically, a February 2010 Lincoln Journal Star article on the tea party movement in which Bennie criticized President Obama and by a television commercial in which Bennie expressed support for the Second Amendment right to bear arms. The television commercial had been approved by the appropriate regulatory agency.

Bennie’s “gun-slingin” advertisement and his Journal Star quote referring to Obama as a communist are specifically mentioned in the banking department emails. However, there is no mention of Bennie’s quotes criticizing former President George W. Bush and other political figures that appeared in the same article.

February 2, 2010, 12:37 PM http://www.parsonscreativecafe.com/wp-content/uploads/201...
From: Rodney Griess, Supervisor, Investigation and Compliance Unit
To: Sheila Cahill, Legal Counsel, Nebraska Department of Banking & Finance
Subject: B. Bennie

“I’ve scheduled a conference call with LPL concerning Bob Bennie and his recent string of activities; i.e., lack of IA disclosure, gun slingin ads, and calling Obama a ‘communist’ and an ‘evil’ man issues. Slated for 10 am tomorrow in the Interview Room unless I hear otherwise from LPL. Would like to have you present if you can make it. Jack’s coming too.”

Date: February 2, 2010, 12:47 PM
From: Sheila Cahill
To: Rodney Griess
Subject: RE: B. Bennie

“Count me in.  I think we probably need to have a brief discussion prior to the call about the concerns being raised and the way in which we will raise those concerns. The last thing we want is the Journal Star headline reading something like ‘State interferes with Bennie’s free speech.’ In addition, we need to be mindful of potential political ramifications – given the party affiliation of Bennie and the current administration.”

During the fall of 2009, Bennie aired a series of patriotic-themed television ads. The ad stated:

"Hi folks, I'm Bob Bennie. If you're an investor and understand capitalism has made our economy the envy of the world,  . . . if you know it's a basic American right to keep and bear arms to protect yourself and your family (change to shot of Bob on his horse [wearing his cowboy hat]), if you believe freedom is what makes America great . . . Then I'd like to meet you. We'll discuss how I can help you to protect and grow your wealth in this volatile economy. If we decide to do business, I'll contribute $100 towards your purchase of a firearm. God Bless You and God Bless America!"  

Bennie properly submitted the television ad to his broker-dealer advertising compliance section and it was pre-approved for use. The ads ceased running on December 27, 2009.
One banking department official, who noted Bennie’s choice of wearing a western hat in the television commercial, wrote "Hang Him High”.

Date: December 17, 2009 http://www.parsonscreativecafe.com/wp-content/uploads/201...
From: Jack Herstein, Assistant Director, Bureau of Securities
To: Rodney Griess
Subject: RE: Bennie email string
“Bob always is seen wearing a cowboy hat lately, so I say ‘Hang Him high.’”

Emails also show that the defendants pressured Bennie’s broker-dealer to place him under heightened supervision, conduct frequent surprise audits, and impose other sanctions as a result of his political statements. Documents also reveal that banking department officials specifically questioned Bennie’s broker-dealer about regulating “communication of political views to the public,” said Bennie.

After three months of extensive review, including an on-site banking department audit and repeated questioning about every aspect of Bennie’s business, the department found no basis for any restrictions.  

“I have spent 16 years building a successful business in this community and believe I have been blessed with success because of our focus on honesty, integrity, and hard work,” said Bennie. “State officials have no right to use their office or their regulatory authority to pressure, intimidate, or harass citizens or their businesses based on their political views. That's what the First Amendment is all about.”
     
Bennie has been registered as a broker agent and investment advisor with the Nebraska Department of Banking and Finance since 1995. He’s a Certified Financial Planner (CFP), and holds a masters degree in Business Administration from Kansas State University and a Bachelor of Science degree from the University of Nebraska-Lincoln.  In 2009, Mr. Bennie was named one of the top 1,000 Financial Planners in the United States by Barron’s Magazine.  He is a past board member of the Financial Planning Association of Nebraska, and is a nationally recognized presenter of hundreds of educational workshops to both investment professionals and the public.

# # #

We're team of innovative and resourceful professionals with the highest level of creativity, integrity and leadership. Our dynamic group of talented artists and thinkers provides marketing, public relations and design services to clients.