Utah's top salesman
Attorney General Mark Shurtleff, Utah's favorite goober, has stepped in it again. You'll remember that Shurtleff is being investigated by the Lt. Governor's office after The Tribune discovered he wrote an endorsement for a private company under the state seal. That the company, Digital Bridge, donated $10,000 to his campaign two weeks before he wrote the letter is just a coincidence, says Mark.
Now KUTV 2 News uncovered a hysterical YouTube video of Shurtleff huckstering for Usana:
Shurtleff goes on to endorse Usana, a multilevel-marketing-company-none-dare-call-it-a-pyramid scheme.
Now KUTV 2 News uncovered a hysterical YouTube video of Shurtleff huckstering for Usana:
It is now time to change the name of our state. From now, on we will be known as Utahna. Woo-oo!(I am not making this up — not even the idiotic "woo-oo!")
Shurtleff goes on to endorse Usana, a multilevel-marketing-company-none-dare-call-it-a-pyramid scheme.
In another uncanny coincidence, KUTV reports that Usana donated $78,000 to Mark over a four-year period. Warning: This YouTube video, might induce vomiting.
30 Comments:
At the end he says he really likes being the Attorney General and helping people, but when he's done being AG he thinks he'll go REALLY help people and be a Usana distributor.
Nice. Why doesn't he go do that now. Oh, I remember, he has a severe medical issue going on and needs the state health insurance, something I'm sure Usana does not provide.
Mark wore jeans to this speech. Srsly, could he not look professional and wear some slacks?
This YouTube video of Mark Shurtleff praising Usana was originally taken, without my knowledge or consent, from a copyrighted report I produced in mid-2007 rebutting the anti-Usana accusations of ex-con Barry Minkow. The person who stole this video from my report (since removed at the request of Usana) and who then posted it on YouTube is a clinically delusional zealot who is obsessed with destroying Usana (although he claims to have never been an investor, employee or distributor) who assisted Minkow in his Usana attacks - which have now been removed from YouTube by court order (Minkow was paid over $200,000 by short sellers to produce the anti-Usana report, and earned $61,000 from his own short position).
If you would like more information about who is behind this YouTube video, his agenda, and what Mr. Shurtleff actually said during the 2004 Usana convention in its proper context, please contact me at MarketWave@cox.net. FYI: Mr. Shurtleff spoke for about 15 minutes, most of it generic and educational, from which I cherry-picked only those few comments that praised Usana specifically to prove statements made by Minkow were false (he claimed Shurtleff did not praise Usana during this speech, and a Usana rep who who claimed otherwise was lying). The fade ins-outs you see in the video are my edits. This YouTube video was never meant to me a promotional piece for Usana, nor was that the intent of Mr. Shurtleff's speech.
Len Clements
Founder & CEO
MarketWave, Inc.
I was present at the Usana Convention when Mr. Shurtleff spoke. In fact, I was sitting about 5 rows from the front of the stage so I could see him and hear what he said very clearly.
Consequently, I wholeheartedly and totally agree with everything Len Clement wrote in his post.
As you well know, things can be easily taken out of context and twisted to forward someone's personal agenda, whether intentionally or unintentionally.
In this case, those who are stating that Mr. Shurtleff "endosed" USANA are not only mistaken, they have willfully and deliberately twisted his remarks to suit their purpose which is to intentionally do as much harm to him and USANA as possible which is something I find absolutely dispicable...ESPECIALLY since the main perpetrator portrays himself as "Having found God" while in prison for massive fraud, and is a Minister.
However, his actions sure don't and haven't demonstrated love and good will in my eyes. In fact, just the precise opposite!
Come on you guys -- haven't you ever heard of a little thing called ethics. Mark shouldn't even be talking at this kind of rally. He is supposed to be the law around here, and if he's doing this, this is might cloud his judgment a little bit, don't you think.
How about a big check like that? If Usana ever had problems do you think he might feel he owes a favor?
DUH. That's why they do it. Why not get a celebrity endorsement? Oh yeah, celebrity don't decide on who can be prosecuted in the state of Utah!
no, dickhead, it hasn't been removed, and yes, dickhead, Usana is a MLM scam. Your ag is a corrupt scammer, not unusual for a mormot.
What Len forgot to mention in his comment is that Barry Minkow stated Shurtleff never endorsed Usana because SHURTLEFF'S OFFICE STAFF SAID HE DID NOT ENDORSE THEM. This was not some wild accusation. Shurtleff's staff said he does not endorse companies and never endorsed Usana... only appeared at the convention to make some generic statements about the company. All this video did for the MLM supporters is prove that Shurtleff and his staff are liars.
wonder pup - we are so tough and brave when posting anonymously on message boards, aren't we?
I clearly said the video was removed from "my report" (not YouTube), and that Minkow's own attack videos (not the Shurtleff video) were removed from YouTube by court order. May I recommend you check out this link HERE.
And in response to "Anonymous" (although that doesn't narrow it down much in this blog), why Minkow made his erroneous statement is beside the point. That being, the Shurtleff video on YouTube is not at all representative of what he presented at the Usana convention, and is now being exploited by anti-Usana zealots and short sellers to discredit both he and Usana.
Having said that, Minkow heard two opposing versions of what Mr. Shurtleff said, one from a Usana rep who actually heard his presentation, and another from a Shurtleff staff member. Minkow then took the version that best suited his anti-Usana agenda and ran with it, making no further attempt to verify which version was accurate.
Such as asking Usana, like I did!
Len Clements
"Not representative"??? LOL @ Len. He either endorsed the company or he did not. The video proves he did.
And the videos weren't removed "by court order." They were removed following a private settlement between Usana and Minkow. Yes, there was a court order that was entered pursuant to this settlement, and by agreement of both of the parties. But that's a whole lot different that what dishonest Lenny has said.
Len, just post the unedited video and people can decide for themselves. I know up front that the chance you will do that are slim and none, with the smart money on none.
Anonymous #5 -
I made no claim as to the court order other than that it exists. It can be viewed HERE.
The fact that Minkow stipulated to it does not make my statement any less factual.
Anonymous #6 -
You know I won't post the entire unedited video because I have explained to you numerous times on other boards the very valid and logical reasons why I will not do so. You just like to play dumb in front of a new audience.
Len Clements
bullshit, len. you won't post it because it is confirmation that the Utah AG is for sale to the highest bidder.
btw, len. I got you some national press:
http://garyweiss.blogspot.com/
If you want to know about Utah Attorney General Mark Shurtleff using state resources to smear a critic of Patrick Byrne about a week after receiving a $5,000 payment from Overstock.com:
1. Listen to this tape recording between Deputy Attorney General Richard Hamp and me:
http://www.whitecollarfraud.com/files/31249911.wav
2. Read my blog post here:
http://whitecollarfraud.blogspot.com/2008/08/overstockcom-nasdaq-ostk-ceo-patrick.html
3. Stay tuned
Len Clements is now a Usana distributor. He carried Usana's water for them for about a year before he was given a chance to begin as a distributor with about 150 people already existing in one of his commissioned downlegs. He admitted that on the Yahoo message board and says other distributors can do the same thing. Ha.
The hilarious part is the Len actually created that video when others on the Yahoo board said there was no way an AG would endorse a product. Len actually posted in writing that Shurtleff also consumed a Usana product on stage.
There's an proverb, Hope you don't get what you pray for. Len wanted to prove the AG endorsed Usana so he did. Usana actually likes that type of coverage and ultimately rewarded Len. Is there no depths to which they will sink?
Sam
Len said "You know I won't post the entire unedited video because I have explained to you numerous times on other boards the very valid and logical reasons why I will not do so"
I never heard of you before. What could be so secretive about some kind of public rally or whatever it was? Why do you need people to contact you privately to explain what he said. Just explain it in public or post the whole video.
Len says:
|
|wonder pup - we are so tough and
|brave when posting anonymously on
|message boards, aren't we?
|
But then again, if we don't post with our real identity, we aren't honored with official "Len Clements Day" at USANA headquarters, are we?
An anonymous defender of USANA wouldn't be handed a distributorship with 150 associates already enrolled below him, would they?
Len Clements wrote the following in one of his rebuttal to the FDI Report:
"Listen to Mr. Shurtleff and you decide if he "approves" of or "endorses" Usana.
http://www.marketwaveinc.com/articles/UsanaAG.mov
So what do you think. I kind of think he did.67"
Footnote 67 States the following:
"67 I even edited out the part where Mr. Shurtleff endorses, and consumes from the stage, one of Usana’s products."
BTW, these quotes came from Len Clements first REVISION of his rebuttal. It should be noted that Len Clements continuously revises his report. The latest report does not give the link anymore and states things a bit differently.
The issue is whether Mark Shurtleff "ENDORSES" USANA. Shurtleff is under investigation for an endorsement he gave to a campaign fund donor. The USANA video of Shurtleff's "Endorsement" as Len Clements clearly states, was given right after USANA donated $7500 to his campaign.
Game over, Shurtleff loses. We have Len Clements to thank. Congratulations!
Len Clements wrote the following on the Yahoo Message Board on May 19, 2007:
"Almost the entire presentation was about Usana. I can post the whole 6.5 minutes if you like. But keep in mind, as the footnote in my report noted, this will require I edit back in the part where the AG complains about his bad knee, says he hadn't taken his Usana joint product yet, takes the bottle out of his pocket and consumes it on stage. But if you insist, I'll gladly show this unedited."
So we all agree, it was an endorsement. So the question becomes, does Mark Shurtleff's endorsement of USANA violate the attorney general's ethics rules? Should this be grounds for impeachment? Are there any legal violations committed?
Len Clements wrote earlier in this blog:
"the Shurtleff video on YouTube is not at all representative of what he presented at the Usana convention, and is now being exploited by anti-Usana zealots and short sellers to discredit both he and Usana."
Show the entire video then! Show the UNEDITED version you have. Everything you showed in the video was endorsing USANA. Anyone can see it for themselves. If you think the video is being "Exploited", then only YOU have to blame because you were the one who posted it to prove the AG actually endorsed USANA.
The video speaks for itself. It's time to give Len Clements full credit for this video. Thank you Len!
Len Clements continues to direct readers to his FDI rebuttals. Within the rebuttal, Len Clements states Mark Shurtleff endorses one of USANA's products on stage.
Then Len Clements admits that USANA Distributors are forbidden to make such endorsement comments. In fact, all MLMs are forbidden to make such statements because Attorney Generals are forbidden to make such endorsements!
So why is it that Len Clements can keep stating Shurtleff endorsed USANA when Len Clements himself is a USANA distributor who was given an existing Silver Director distributorship???
http://www.usana.com/distWeb/myStory
That last comment was suppose to have a link to Len Clements USANA distributor page. I put the wrong link. Here is the correct one:
http://www.usana.com/distWeb/site/lenclements
USANA distributors cannot claim the Attorney General endorsed their company. Why does Len still include it in his rebuttals?
The above link now leads to a sanitized page. Amazing how shining some light on this company, its defenders and associates, causes them to scurry under the baseboards.
Maybe that's because the founder scurried away a long time ago. He renounced his US citizenship and holds the majority of the stock of this company in an offshore holding company that owns another holding company, reported as being held in Liechtenstein.
After a member of the board of directors was discovered to not have a masters and doctorate that he told the SEC he had in filings, he was rewarded with the continuation of his nice fat consulting agreement.
Good thing the company hawks expensive vitamins and not ethics manuals.
Sam
The above series of "anonymous" posts are from the very person who stole the video from my report that I referenced in my first post here. Everything he has just written is, at best, taken out of context or misrepresented, and most of his claims are outright lies.
As I said, he is a clinically delusional zealot who is obsessed with destroying Usana and anyone who defends it. I've tried for almost two years to debate these issues with him and have even offered him the opportunity to confront me live in a professionally moderated debate, before an audience of potentially thousands. He claims he's just to shy, and not a good speaker (I countered with the offer to have a professional speaker assist him in a two-on-one debate, and he still refuses). As is typical among anti-MLM zealots, he can't diminish the credibility of any of my points so he is left to only try to diminish the credibility of the source of those points. As he is attempting to do here.
All of the points he has made above have already been addressed in detail, numerous times. Each time I post anywhere in a new forum he is quick to post them all again for a new audience. My refusal to spend hours debating each point with him once again will then be exploited to create the illusion, only for this new audience, that he has made points I can't refute. And even if I do address each and every point, he will simply ignore the verifiable facts I present, divert the argument into a dozen different directions, and then wait for me to add a relevant comment in a new board or blog and then, should I refuse to respond yet again, declare his claims to be unchallenged. Over and over and over.
For example, it is not illegal or even uncommon for an AG to praise good corporate citizens within their state. Steve (I mean "anonymous") has even tried to post the state law that forbids this practice and inadvertently provided evidence that completely debunked his claim. As can be easily verified from this most recent situation with Digital Bridge, the restriction is related to using the official AG seal - which Mr. Shurtleff has never done in conjunction to his praise of Usana. But, as you will see, this will make no difference. If he responds at all he will either spin the point into a completely irrelevant direction, or ignore it altogether. Then repeat the same accusation in the next board or blog I comment in. Over and over and over.
No matter how irrefutable the evidence you provide to him, no matter how logical or verifiable your argument, he will not waver from his anti-Usana stance. If you do respond to him he will use what ever information you give him to twist and mutate into what ever serves his anti-Usana agenda.
Steve is also famous among the pro-Usana/MLMers for repeatedly offering commentary or "evidence" that inadvertently counters his own point. A great example here is his challenge to post the entire video of Mr. Shurtleff praising Usana and that my refusal to do so is suspect, while at the very same time presenting one of his few facts - it would be against Usana policy for reps (which I now am) to use this video to promote Usana. Which posting a video of them being praised by their home state's highest legal authority would clearly be doing.
So I'll just keep letting Steve do that for me.
I have made the point I wish to make in response to this video and the agenda of the person who stole and exploited it, which "anonymous" has now confirmed by demonstration.
The last word is his, or anyone who wants it.
Len Clements
Something stinks pretty bad here.
The following was posted over a year ago at www.geocities.com/terminatedramp
------------------------------
** In my opinion USANA violated Utah Public Officers' and Employees' Ethics Act 67-16-4**
In the Fraud Discovery Institute's original report about USANA that was made public on March 15, 2007 the following was written regarding the Utah Attorney General's visit to one of USANA's conventions in 2004. Remind you, this was written prior to the leaked video tape of Mark Shurtleff's speech. My Emphasis in bold.
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Page 45 of FDI report: "On February 16, 2007, our associate called Paul Murphy, the Press Secretary for Attorney General Mark Shurtleff. Mr. Murphy spoke to Helen (Shurtleff’s personal assistant) and she does not retain his schedule that far back (the Usana 2004 Annual Convention). Paul did confirm that Mr. Shurtleff has never and will never endorse any company or product. He will, however, show up to conventions or groups that have donated money to good causes and give thank you speeches.
In this particular case with Usana, Paul believes Mr. Shurtleff would have gone and delivered a speech on the founding fathers or a point of law - this is his standard speech he delivers at every convention. He most likely would have ended with thanking the company for inviting him and telling them to keep up the good work. But he would have not endorsed them in any way.
Also, Mark would be extremely interested to see any promotional material Usana is using which states that Mr. Shurtleff does indeed endorse them. He would put out a cease and desist immediately. Moreover, on February 16, 2007, Paul Murphy called our associate back and confirmed that Mr. Shurtleff was indeed present at the Usana convention in September 2004. Paul spoke with Mr. Shurtleff personally on this. Mr. Shurtleff only gave a quick 5 to 10 minute opening remarks speech, and he did not endorse Usana in any way. His speech included welcoming people to the convention and a shortened version of his standard speech, which had nothing to do with Usana."
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Now watch the video for yourself. It is clear that Mark Shurtleff endorses USANA. I should point out that USANA donated $7500 to Mark Shurtleff in 2004 prior to him speaking at their convention.The following are a few direct quotes from the video that are key to the endorsement:
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"I sued the richest man in the world Bill Gates, he's richer than most countries. I was thinking, the only way he could be any more rich is if he became a USANA distributor." - Mark Shurtleff
"We are constantly receiving emails and requests to go after and investigate many companies. What's good to know is that with USANA as it stands today, when we get an email from somebody questioning it all we have to do is write back and say they've been looked at, and they're a great company, and they're doing it right, and doing it legal." - Mark Shurtleff
"Maybe when I'm done being an attorney general I'll go out and do something that will really benefit people's lives and become a USANA distributor." - Mark Shurtleff
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You'll notice that the video has been edited and there are missing parts. USANA as well as Len Clements has the full unedited version. Len Clements was the one who got this video from USANA and removed certain parts of the video. Len Clements makes the following statements on his website and the yahoo message board regarding one of the edited out parts of the video:
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Page 18 on Len Clements Rebuttal to FDI report - Footnote #67: "I even skipped the part where Mr. Shurtleff endorses, and consumes from the stage, one of Usana’s products."
Posting at Yahoo message board: "Almost the entire presentation was about Usana. I can post the whole 6.5 minutes if you like. But keep in mind, as the footnote in my report noted, this will require I edit back in the part where the AG complains about his bad knee, says he hadn't taken his Usana joint product yet, takes the bottle out of his pocket and consumes it on stage." - Len Clements May 19, 2007
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Now there is a reason Paul Murphy said attorney general Mark Shurtleff "has never and will never endorse any company or product". Attorney generals are not allowed to endorse any company or product! This is what Utah's Division of Consumer Protection has on their website:
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"If a pyramid promoter or recruiter tells you that the program has been examined and approved by the Division of Consumer Protection or any other state agency, know that the claim is not true! The Division of Consumer Protection does NOT approve any marketing programs. If such representations are made to you, please notify the Division." - Division of Consumer Protection
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According to Utah's state code for "Utah Public Officers' and Employees' Ethics Act" under Title 67 - Chapter 16 - Section 4:
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Utah Code 67-16-4:
(1) Except as provided in Subsection (3), it is an offense for a public officer, public employee, or legislator, under circumstances not amounting to a violation of Section 63-56-1001 or 76-8-105, to:
(c) use or attempt to use his official position to:
(ii) secure special privileges or exemptions for himself or others;
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"Secure special privileges" could include endorsements.
"for others" could imply USANA.
While a State Attorney General may not directly fall under any Federal Regulations, I thought I would point out the following. The Code of Federal Regulations --- Standards of Ethical Conduct for Employees of the Executive Branch - Use of public office for private gain:
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Title 5, Volume 3 - Section 2635.702: An employee shall not use his public office for his own private gain, for the endorsement of any product, service or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity, including nonprofit organizations of which the employee is an officer or member, and persons with whom the employee has or seeks employment or business relations. The specific prohibitions set forth in paragraphs (a) through (d) of this section apply this general standard, but are not intended to be exclusive or to limit the application of this section.
...
(c) Endorsements. An employee shall not use or permit the use of his Government position or title or any authority associated with his public office to endorse any product, service or enterprise except:
(1) In furtherance of statutory authority to promote products, services or enterprises; or
(2) As a result of documentation of compliance with agency requirements or standards or as the result of recognition for achievement given under an agency program of recognition for accomplishment in support of the agency's mission.
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It is clear after watching this video that Utah's attorney general Mark Shurtleff has in fact endorsed USANA. It is also clear that Mark Shurtleff and Paul Murphy lied about it. I believe Mark Shurtleff violated Utah's state ethics code 67-16-4 with his USANA endorsement. If the federal code 5-3-2635.702 applied to Mr. Shurtleff, I believe he violated that ethics rule as well.
-------------------------------
The following is a quote from what Len Clements wrote on the Yahoo Message Board regarding what Mark Shurtleff consumed on stage (the part edited out of the video):
Posted on September 14, 2008 at 6:23 PM --- "Actually, he drank a liquid product that contained Glucosamine for joint health (he had a bad knee). He DID NOT consume any of Usana's vitamin products.
Len "
After another poster on the Yahoo board explained to Len Clements that he has changed his story about what the Attorney General consumed on state, Len Clements responded back with the following statement:
Posted on September 14, 2008 at 11:49 PM --- "just so we can prevent you from playing silly semantic games with the ingredient name, which would be a painfully obvious attempt at diversion, but which it seems you're about to go for anyway, let's just call it a liquid product for joint health.
Please display a link where I've ever said it was anything other than a liquid product (or just product) for his "bad knee"."
Will the real Len Clements please step forward and make up your mind.
- Did Mark Shurtleff consume a USANA product on stage??
- Did you ever claim Mark Shurtleff Endorsed USANA on stage, Yes or No?
- Did Mark Shurtleff receive a $7500 campaign contribution from USANA just prior to speaking at USANA's annual convention in September, 2004???
Simple YES or NO questions.
This was all addressed many months ago in the Yahoo board. If anyone still cares, please see pages 37 to 40 of this Rebuttal Report related to "terminatedramp" (that's Steve, aka "anonymous"):
http://www.marketwaveinc.com/articles/YouTubeResponse.pdf
Pages 38-39 specifically address the Shurtleff video. Note that Part 2 of Section C (Endorsements) of the very state code that Steve has just posted clearly gives the AG the right to say nice things about a company. AGs are absolutely allowed to compliment good companies within their state, and praise their employees and reps for "doing it right". I refuse to play semantic games over the definition of "compliment" and "endorsement" and assume any reasonable reader of this board already understands the difference.
And BTW, Steve, just tell me when you're ready to get on a live podcast and I'll answer each and every question you pose. A blogger's comment section is not an appropriate venue for this debate.
Len
why is MWave attacking anonymous posters on this blog? I thought this was abut the attorney general and not about who stole videos.
Pete
"...the only way he could be any more rich is if [Gates] became a USANA distributor"
That's a "compliment"?
Wow. Behind a lot of hard work must be done for being the top one,.
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