Federal Judge Declines To Dismiss Case for SBA Executive's Phone Records

Press Release

Federal Judge Declines To Dismiss Case for SBA Executive's Phone Records

June 18, 2009

PETALUMA, Calif.,- Federal District Court Judge for the Northern District of California, Edward Chen failed to grant a motion from the Small Business Administration (SBA) to dismiss a Freedom of Information Act case filed by the American Small Business League (ASBL) in a hearing held on Wednesday, June 17th.

The ASBL filed the case after the SBA refused to provide the phone records of SBA Press Office Director Mike Stamler. The ASBL requested Stamler's emails and phone records after several journalists reported receiving angry and profane phone calls and emails from Stamler regarding the ASBL and their President Lloyd Chapman.

After receiving one of Stamler's profane emails, the Long Island Business Journal (LIBJ) posted an article on its blog titled, "Expletives the SBA's Forte." (http://libizblog.wordpress.com/2008/02/22/expletives-the-sbas-forte/)

Since 2003, information provided by Lloyd Chapman and the ASBL prompted several federal investigations that found the SBA had included billions of dollars in federal contracts awarded to Fortune 500 firms towards the federal government's congressionally mandated 23 percent small business procurement goal. Several of the nation's largest newspapers, ABC, CBS and CNN all reported on the diversion of federal small business contracts to Fortune 500 firms. (ABC, https://www.asbl.com/abc_evening_news.wmv; CBS, https://www.asbl.com/cbs.wmv; CNN, https://www.asbl.com/showmedia.php?id=1170)

One of the key issues in the case are the phone records for Stamler's government-issued cell phone. The SBA is claiming Stamler's cell phone records are not a government document. The SBA is also claiming they have no records of Stamler's local phone calls and that he only made approximately 10 long distance calls per month during the course of a two year period.

Judge Chen gave the SBA and the ASBL one week to provide additional briefing on the case.

The SBA is also appealing Federal District Court Judge Marilyn Patel's order directing the SBA to pay the legal fees incurred by the ASBL in another recent Freedom of Information Act case the SBA lost to the ASBL. (http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1202429063119) In that case the SBA attempted to convince the court they had no records on the actual recipients of federal small business contracts. (www.asbl.com/documents/26-2.pdf)

The ASBL is preparing to file several other lawsuits against the SBA for Stamler's emails along with a number of other Freedom of Information Act requests the SBA has refused to comply with. The ASBL has won every Freedom of Information Act case it has filed against the SBA.



SBA Chief's Priority Is Helping Next Apple

News

SBA Chief's Priority Is Helping Next Apple

We sit down with Karen G. Mills to talk about her strategies—and the controversy they've been generating.

By Jonathan N. Crawford
Kiplinger
June 18, 2009

President Obama’s new Small Business Administration chief is mapping a more aggressive role for the agency, including finding more ways to aid fast growing, innovative companies. Administrator Karen G. Mills wants to give small businesses more of the tools they need to compete effectively in the national and global marketplaces. In an interview, she said that she wants to break from the past, when the SBA had a “one size fits all” approach.

One change would help firms even if they’re backed by venture capital. Under current SBA rules, majority owned VC companies aren’t eligible for grants that help small businesses bring technology innovations to the marketplace. Mills says a better balance is needed so that the government can play a significant role in developing the country’s next Apple or FedEx.

“We don’t want to somehow, because of arbitrary decisions, restrict ourselves from these small businesses. They should be included,” she says.

Another initiative would foster business clusters -- groups of smalls that can work together to be more competitive. Mills played that role in Maine as chair of the state’s Council on Competitiveness and the Economy, helping to bring engineers, suppliers and carpenters together in boatbuilding and to secure $15 million from the U.S. Department of Labor. The administration’s 2010 budget includes $50 million for a regional cluster program in the Department of Commerce. And $5 million is included in the SBA’s budget that Mills says will go toward supporting small businesses that participate in regional economic clusters.

Mills is also mulling ways to increase firms’ access to capital outside the SBA’s flagship 7(a) loan guaranty program, especially investment capital sought by start-up and early stage firms. The SBA has allocated $3 million in the budget to explore other ways of delivering equity capital to more effectively support innovative small businesses and spur job creation.

Some business advocates are opposed to Mills’ shifting of focus. Critics worry that the change in VC policy could hurt Main Street firms that don’t get venture capital. But Mills says her goal is to expand the SBA’s focus, not shortchange anyone. “We can continue to lay a stronger foundation both for Main Street businesses and for tomorrow’s high growth, high impact companies,” she says.

But some feel that the shift inevitably will have that effect. “We have some concerns that Mills’ position will give VC interests the leverage they need to make changes to small business programs that aren’t beneficial to the interests of small business,” says Chris Gunn, communications director for the American Small Business League.

Gunn says that allowing majority owned, venture capital backed firms to compete in these programs “sets a dangerous precedent” for other small business programs.

Ultimately, a bill granting concessions to venture capitalists is likely. Mills will get fixes that expand eligibility to majority owned, venture capital backed firms, allowing them to compete for awards in the Small Business Innovation Research Program. The program, which is run in 11 federal agencies, awards about $2 billion in project funding per year to small businesses.

Mills has a long history of supporting high growth potential companies. She founded and was president of the private equity firm MMP Group, investing in firms in the consumer products, food, distribution, textile and industrial components sectors. She also cofounded Solera Capital, a venture capital firm.

“We will [support] the high growth, high impact, as of course this is an area I know a lot about, and this is an area that we care a lot about because now is the time that everyone is realizing that those guys are going to drive the economy and future jobs. They are going to grow to be the big ones,” she says.

Richard Bendis, entrepreneur and president and CEO of Innovation America, a not-for-profit organization for entrepreneurial growth, is encouraged by Mills’ plans.

“We would like to see a greater commitment to innovative entrepreneurial small business funding programs. This has not been a priority for the SBA in the past,” he says.

source:  http://www.kiplinger.com/businessresource/forecast/archive/sba_chiefs_priority_helping_high_growth_firms_090618.html

Should VCs Be Regulated by the Feds?

News

Should VCs Be Regulated by the Feds?

By By Stefan Deeran
BNET
June 18, 2009

Venture capitalists are not happy with Barack Obama’s new plans to regulate America’s financial system. One line in the President’s proposal has kicked the VC community’s lobbying efforts into overdrive: “Requires hedge funds, private-equity funds and venture capital funds to register with the SEC, allowing the agency to collect data from the firms.”

The National Venture Capital Association (NVCA), a trade group comprised of 460 VC firms, argues that VCs should not be lumped together with private-equity firms and hedge funds for the following reasons:

    * Venture capital firms are not interdependent with the world financial system.
    * The venture capital industry is insignificant in size relative to other alternative asset classes.
    * Venture capital firms do not use long term leverage.
    * Venture capital firms do not generally rely on short-term funding.
    * Households, businesses, and governments do not rely on venture capital firms as a source of credit or liquidity.

“We believe that the entrepreneurial risk associated with the venture capital industry is not relevant to the systemic risks which the Administration is hoping to mitigate with this reform,” said the NVCA’s Jennifer Connell Dowling.  According to the NVCA, VC funds held around $197.3 billion in aggregate assets last year, compared to $1.3 trillion in assets held by US hedge funds.

Yet the NVCA is also lobbying Congress to change the definition of “independently owned,” according to the lobbying group the American Small Business League (ASBL), so that small businesses controlled by VCs can qualify for billions in federal small business contracts.  That could mean the US government becomes a significant stakeholder in VC investments.

Do you think VCs could pose a systemic risk to the economy?

Source: http://blogs.bnet.com/intercom/?p=2458&tag=main;content





SBA Appeals Judge's Order to Pay Legal Fees to the American Small Business League

Press Release

SBA Appeals Judge's Order to Pay Legal Fees to the American Small Business League

June 16, 2009

PETALUMA, Calif., June 16 - The Small Business Administration (SBA) has filed an appeal to a federal court order directing them to pay the legal fees of the American Small Business League (ASBL), which were incurred in a recent case against the SBA. (https://www.asbl.com/showmedia.php?id=1375)

In August of 2008, United States District Court Judge Marilyn H. Patel ruled in favor of the ASBL in a Freedom of Information Act (FOIA) case against the SBA. The ASBL had requested the names of all firms that had received federal small business contracts during fiscal years 2005 and 2006.

During the course of litigation the SBA attempted to convince Judge Patel they had no information on the specific names of firms that had received federal small business contracts.

In her ruling in favor of the ASBL, Judge Patel stated, "The court finds it curious the SBA's argument that it does not 'control' the very information it needs to carry out its duties and functions." Judge Patel subsequently ordered the SBA to pay all of the legal fees the ASBL had incurred in the case. (www.asbl.com/documents/26-2.pdf)

The information the ASBL obtained proved their claims that Fortune 1000 and other clearly large firms had received billions of dollars in federal small business contracts. The SBA has been vehement in their denial that Fortune 1000 firms had received federal small business contracts. The SBA press office even issued a series of press releases claiming it was a "myth" that large businesses had received federal small business contracts. (https://www.asbl.com/documents/sbamythvfact.pdf)

On Friday, June 12th, the SBA filed a notice of appeal of Judge Patel's order awarding attorney fees for the ASBL. Friday was the deadline for the SBA to file that appeal.

The SBA now has 30 days to file their brief to support their appeal.

The SBA is currently refusing to comply with several other Freedom of Information Act requests from the ASBL. The ASBL plans to file several more Freedom of Information Act lawsuits against the SBA.

The ASBL has won every previous Freedom of Information Act suit filed against the SBA.