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August 1st, 2006 - Phil's Rambling Rants

August 1st, 2006

August 1st, 2006
06:00 pm

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Is this evidence of fraud?
I got an envelope in the mail today that was some mailings forwarded from my old job about my old 401(k) plan.  They'd been delayed a few weeks in getting to me.

One of them is a letter from Morgan Stanley urging me to submit my proxy (in support of management, of course) for a special shareholder meeting.  It says that another company, called Computershare Fund Services, is managing telephone voting.

The other is a letter from Computershare which purports to be a confirmation of my telephone proxy vote (on all issues voting with management).

The problem is that I never made any telephone vote.  I certainly never called Computershare.  If they called me, I took them for a spammer and hung up.  I probably received an earlier notification of what the actual issues are, but I didn't read it, I don't have any opinions on the issues, and I certainly didn't take any action to vote my non-existent feelings.

The shareholder's meeting the proxy was for was today, so it is too late to actually affect the vote.  I assume that management spent however much of my money they needed to to drum up enough proxy votes to get their plan, whatever it is, implemented.  But if their means of drumming up votes is to submit fraudulent proxies from small investors who don't vote anyway, something is more wrong with this picture than normal.

Do I need to report this to the SEC?

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