daniel peterson jobs act comment letter

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  • 7/30/2019 Daniel Peterson JOBS Act Comment Letter

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    McElveen, JosephineFrom:Sent:To:Cc:Subject:Attachments:

    Dear Ms. Schapiro:

    Doug Eddy < >Friday, August 24, 2012 1:32 PMCHAIRMANOFFICEDaniel F. PetersonSEC meeting scheduled for August 29, 2012SEC Letter 8 24 12 Schapiro .pdf

    65 VoJ.. S: 3 7

    Attached herewith is a letter regarding the upcoming SEC meeting scheduled for August 29 , 2012concerning The JOBS Act, H.R. 3606. Please take the time to review the letter and contact ourcompany's president, Daniel F. Peterson ( to discussour proposed changes to The JOBS Act so you can continue leading the way to rebuilding theAmerican Economy and "Getting America Back to Work."Sincerely,USA Real Estate Fund 1, Inc.

    - \ f ~Doug G. Eddy, Vice President

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    ate jfunb 1, JJnr.

    Ms. Mary SchapiroChairmanSecurities & exchange Commission100 F Street N.E.Washington, D.C. 20549RE: August 29th meeting (H.R. 3606)

    Removal of Sec (5) Public advertisingFrom the 1933 ActVIA Email:Dear Chairman Schapiro:

    August24 , 2012

    On August 29th after postponing the August 22nd vote the SEC will ta ke up theissue of final approval, or the change of the H.R. 2940 section of the JOBS Act.I understand and agree that with both you and Senator Dick Durbin thatAmerican investors should be protected. The information out lined here in thisdocument will provide far greater protection than anything proposed todate. Iwou ld very much like the opportunity to explain all of this to you and then askthe commission to complete the approval of these requested amendments toSec (5) of the 1933 Securities Act.We all know that over the past few years we have seen some of the mosthorrific examples of investor abuse in history . These abuses have been done byindividuals as well as some of our largest financial institutions and must beslowed as no legisla tion will avoid a criminal from being what they are. Theprotections I h ave outlined h ere will at least make a positive difference in th eprotection of American Investors.On March 19th I delivered th e following data, (see letter attached herewithbelow) to your D.C. office, I delivered the same information to Sena tor Cantwell,Senator Murray, Senator Reid , all 22 members of the Senate BankingCommission along with Senators Durbin, McConnell and several housemembers such as Eric Cantor, Kevin McCarthy and Speaker Boehner. Much tomy surprise, as a self employed member of the business finance community,my attempts to provide America with a solution to rebuilding th e economy has10914 E. 22 Spokane Valley, WA 99206 Phone ( E-Mail: Page 1

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    m l ~ ~ l\eal

    Da niel F. Peterson, PresidentUSA Real Estate Fund 1, Inc.

    10914 E. 22 Spokane Valley, WA 99206 Phone Page 2

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    The Honorable SenatorMaria E. CantwellU.S. Federa l Cou rthouseW. 920 Riverside, Suite 697Spokane, WA 99201

    ate jfunb 1, 3Jnc.

    RE: "PICS" (Protected Investor Capital Securities)Dear Senator Cantwell:

    February, 2012

    I can rea lly use your as sistance to help America rebuild . The AmericanBusiness Community is eagerly awaiting members of t he Senate to pass SenateBill S. 1933 . This very s ignificant legisla tion is a consequential start to therebuilding of the securities industry in this country, focusing on getting moneyin to the hands of small businesses. Our company agrees with your membersthat believe inves to r protection s hould be th e number one concern of anychange to "MAKE THINGS SIMPILAR".Every elected official should be concerned about our investors and ourbusiness community. We s hould also be highly motivated to join together thesingle la rgest investment pool in the world , (th e American wo rking p ublic); withthe greatest workforce in the world the America n worker (business people).Your efforts here will provide prec isely what t he American Economy n eeds ."Pro-Growth Policies that Create American Jobs." That being said , theseadditions to your legis lation would contribute s ignificantly towards these goals.All the while, making multiple billions of dollars available to small businessesand in the process, assure the safe return of American investors' investmentdolla rs . After all, what American investors are most concerned about today is,"W ill I lose my investment, 401K or retirement?"We have enclosed a proposed legisla tive change to S 1933 as part of the "Planfor America's Job Creation ."

    109 14 E. 22 Spokane Valley, WA 99206 PhoneE-Mail: Page 3

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    m ~ ~ 1\.eal QEs te jfunb 1, Jfnc.When enacted under Regulation D Section 506 of the 1933 Security Act, it willcreate a new class of securities; known as (PICS) the title shall read: "ProtectedInvestor Capital Securities."The primary component of a PICS security is protection of the investor'smoney, assuring the return of their initial investment, while enjoying th esuccess of the company and or fund. This can be achieved by the provisions ofa PICS security outlined below:

    1. The issuer will properly set in place financial contracts for thereturn of investor capital. This was done for many years by WallStreet Firms such as Dean Witter, Merrill Lynch, Smith Barney,Goldman Sachs and more. The practice of sinking funds to protectinvestors left when Wall Street decided th ey were in fal lible, we nowknow that not to be true. The return to these types of protectionsfor American Investors is much needed; and2. An escrow trust/custodial account with an Independent Firm, inwhich th e issuer holds no ownership interest or managementcontrol; and

    3. The Independent Firm must qualify under the definition 12"Dealer" in th e 1933 Act, the term "dealer" means any person whoengages either for a ll or pa rt of his time, directly or indirectly, asagent, broker, or principal, in the business of offering, buying,selling, or otherwise dealing or trading in secmities issued byanother person.; and4. With respect to such PICS securities, it will not be necessary in th epublic interest or for the protection of investors by reason of thesecured state of investor capital to, either limit th e aggregateamount of the offering ($5,000,000); make it unlimited undersection 3(b); or restric t the character of the public offering; (AllowOpen Public Advertising) under section 5 .5. The issuer of the Security must provide th e Securities andExchange Commission with an offering circular prospectus for theinvestment. Such offering circular prospectus must also be anotice filing only with the commission.6. Finally to qualify as a (PICS) security all monies invested byAmerican investors individually or an institution investor MUST beinvested or lent to companies that generate jobs for Americans andAmerican companies.

    10914 E. 22 Spokane Valley, WA 99206 PhoneE-Mail: Page 4

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    ate jfunb l, 3Jnc.The founders and Board Members of USA Real Estate Fund 1, Inc. areextremely serious about small business and the rebuilding our great economy.American Investors must assist in the rebuilding of both the American RealEstate Markets as well as American Technology and Manufacturing. The PICSsecurity format can give America n Investors. both individual and institutionalthe confidence to invest . This type of investment security has already beenblessed and accepted by a major Wall Street Securities Firm. As previouslystated most if not all of the major banks and investment I securities housesused this method to protect investors from the 1970's to the early 2000's.We share your goals in that our mission statement parallels that of the Houseof Representatives "Plan for America's Job Creators." That bill as you knowpassed with a 95% approval rate , meaning that both parties se e the need forthis legislation NOW. We share th e concerns of Senator Richard Durbin as wellas Chairman Mary Schapiro of the SEC about protection for the investor. Webelieve it to be the ultimate necessity if we are going to ease regulation whichmust be done.

    First and foremost, we must secure investors' capital. All monies placedinto funds by Americans should only be inves ted or lent in the UnitedStates to create jobs for people that live here and call America home.Therefore, investment markets are for Ame rican investment opportunitiesto create jobs and make a difference in rebuilding the Americaneconomy.

    With the passage of this proposed PICS legislation, many hundreds ofbusinesses and investment funds can commence the huge task of creating n ewcommerce and making investments and loans to every conceivable type ofbusiness. Yes as stated above, all the while securing the investors' capital. Theamount of capital that can be raised will be well in to the Billions. Againmarrying th e single largest investor pool, the American Public with AmericanBusinesses should bring about massive and positive change to the AmericanEconomy. We believe your objectives will be enhanced significantly while yourconcerns will be reduced to almost nothing by this proposed legislation.The laudable goals established by you and the House of Representatives a refinely seeing the fruits of your untiring determination. We are hopeful one ofyour next steps will include the proposed PICS legisla tion , placing theAmerica n Investor's security first. Just as a side note, all of this can be10914 E. 22 Spokane Valley, WA 99206 PhoneE-Mail: Page 5

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    e jfunb 1, JJnc.accomplished without any cost to the American tax payer or reduction in theNeeded Social Benefits our citizens enjoy.Again, thank you for the opportunity to present this to you. Please review theenclosed and share it with your Honorable Esteemed Colleagues. Thank you aswell for your consideration of this proposal, please feel free to contact meDaniel F. Peterson. The contact information is below. I will be in Washington onMonday the. 19L11 delivering these packages to some thirty Senators in hopes ofgetting this change made. I would love to spend 20 minutes with any of you orsomeone from your staff while I am here . I will stay over if necessary this isimportant to our country.Sincerely,

    Daniel F. Peterson, PresidentUSA Real Estate Fund 1, Inc.Cellular Phone

    10914 E. 22 Spokane Valley, WA 99206 Phone ( E-Mail: Page 6