1 00:00:00,040 --> 00:00:02,960 Speaker 1: Texas Attorney General Ken Paxxton is a champion of the 2 00:00:02,960 --> 00:00:06,280 Speaker 1: Tea Party who kept the Obama administration in court, suing 3 00:00:06,280 --> 00:00:09,719 Speaker 1: over executive immigration orders, the Clean Power Plan, and Labor 4 00:00:09,800 --> 00:00:13,360 Speaker 1: Department rulings. Now he's in court as a criminal defendant, 5 00:00:13,400 --> 00:00:16,520 Speaker 1: accused of securities fraud and failing to register as a 6 00:00:16,560 --> 00:00:20,959 Speaker 1: securities advisor. And Paxton suffered a double setback this week 7 00:00:21,079 --> 00:00:23,279 Speaker 1: as a judge ordered his trial moved out of his 8 00:00:23,360 --> 00:00:26,760 Speaker 1: home district and refused to dismiss his case. Bloomberg News 9 00:00:26,840 --> 00:00:30,920 Speaker 1: reporter Laurel Culkins has been following all Things Paxton. Laurel 10 00:00:31,000 --> 00:00:35,599 Speaker 1: tell us about the case against Paxton. Well, Paxton, as 11 00:00:35,640 --> 00:00:38,360 Speaker 1: you said, is accused of doing two things. One is 12 00:00:38,760 --> 00:00:43,040 Speaker 1: not telling investors that he was being compensated to recruit them, 13 00:00:43,080 --> 00:00:45,280 Speaker 1: and he was paid a hundred thousand dollars of stock 14 00:00:45,320 --> 00:00:47,040 Speaker 1: in a friends company to go out and find new 15 00:00:47,080 --> 00:00:50,000 Speaker 1: money for him. That's a felony violation if it's true. 16 00:00:50,440 --> 00:00:53,160 Speaker 1: The other thing he's accused of is actually a misdemeanor 17 00:00:53,200 --> 00:00:55,760 Speaker 1: failure to register with the state as an investment advisor. 18 00:00:56,280 --> 00:00:59,000 Speaker 1: To catch with that one is he's actually admitted doing that, 19 00:00:59,600 --> 00:01:01,680 Speaker 1: which for arts to a different set of investors back 20 00:01:01,680 --> 00:01:04,800 Speaker 1: in fourteen. At that time he paid a small fine 21 00:01:04,840 --> 00:01:08,759 Speaker 1: and went on to be elected Texas Attorneys General. Well, Laurel, 22 00:01:09,040 --> 00:01:12,800 Speaker 1: the judge kind of dealt him a couple of blows recently. 23 00:01:12,840 --> 00:01:15,800 Speaker 1: What what did the judge rule in his case? Well, 24 00:01:15,800 --> 00:01:17,720 Speaker 1: the judge the biggest thing the judge did was take 25 00:01:17,760 --> 00:01:21,600 Speaker 1: away his home court advantage. Uh and uh. Under Texas rules, 26 00:01:21,640 --> 00:01:24,479 Speaker 1: you have a public official on a corruption count and 27 00:01:24,800 --> 00:01:27,080 Speaker 1: a securities violation like this, you have to be tried 28 00:01:27,080 --> 00:01:31,119 Speaker 1: in your home county. Well, his home county UH backs 29 00:01:31,160 --> 00:01:34,240 Speaker 1: him pretty heavily. He's been elected there by wide margins, 30 00:01:34,240 --> 00:01:38,040 Speaker 1: and he knows every county official there. And the allegation 31 00:01:38,240 --> 00:01:41,760 Speaker 1: was that his political backers had been waging a publicity 32 00:01:41,800 --> 00:01:45,760 Speaker 1: campaign against the prosecutors personally and in favor of of 33 00:01:46,080 --> 00:01:48,000 Speaker 1: Ken Paxton to try to make people think it was 34 00:01:48,040 --> 00:01:50,680 Speaker 1: a political witch hunt, which is kind of funny because 35 00:01:50,880 --> 00:01:53,960 Speaker 1: if the charges are brought in his home county, which 36 00:01:54,000 --> 00:01:56,160 Speaker 1: is a very Republican district, it would hardly be seen 37 00:01:56,160 --> 00:01:59,760 Speaker 1: as a political witch hunt. Was away his home court advantage. 38 00:02:00,400 --> 00:02:04,880 Speaker 1: There's something really unusually here. Prosecutors complaining that they're not 39 00:02:04,960 --> 00:02:09,960 Speaker 1: being paid tell us about that right, that is rather unusual. Uh. 40 00:02:10,000 --> 00:02:12,920 Speaker 1: The prosecutor in the home county had to recuse himself 41 00:02:12,919 --> 00:02:15,639 Speaker 1: and step aside because he was a friend of Paxton's. 42 00:02:15,680 --> 00:02:19,000 Speaker 1: So uh, they brought in special prosecutors from outside the 43 00:02:19,040 --> 00:02:22,520 Speaker 1: state outside I'm not outside state, I'm sorry, outside the district, 44 00:02:22,560 --> 00:02:26,320 Speaker 1: and they agreed to take a haircut on their own 45 00:02:26,360 --> 00:02:29,920 Speaker 1: personal rate to do the state of favor and investigate 46 00:02:30,000 --> 00:02:33,440 Speaker 1: Ken Paxston. Well, once a year they've been submitting invoices 47 00:02:34,000 --> 00:02:36,800 Speaker 1: to the local county to get paid. They got paid 48 00:02:36,880 --> 00:02:38,919 Speaker 1: the first time, but then when they submitted their invoices 49 00:02:38,919 --> 00:02:43,440 Speaker 1: for the county balked and some of Paxiston's supporters are 50 00:02:43,440 --> 00:02:46,480 Speaker 1: believed to be behind that effort to stop the prosecutor's paychecks. 51 00:02:46,960 --> 00:02:49,400 Speaker 1: The prosecutors said, well, we're not gonna work for free, 52 00:02:49,840 --> 00:02:52,400 Speaker 1: so uh, maybe you need to replace us and you know, 53 00:02:52,400 --> 00:02:54,919 Speaker 1: get somebody who will work for free, or maybe stop 54 00:02:55,000 --> 00:02:57,800 Speaker 1: the case until that time we get paid. That issue 55 00:02:57,840 --> 00:03:01,600 Speaker 1: still up in the air, but the judge yesterday refused 56 00:03:01,600 --> 00:03:04,600 Speaker 1: to stop the case. So it's gonna remains to be 57 00:03:04,680 --> 00:03:06,560 Speaker 1: seen where the prosecutors or work for free now and 58 00:03:06,800 --> 00:03:09,440 Speaker 1: go ahead and try Paxton or whether some deal can 59 00:03:09,480 --> 00:03:11,960 Speaker 1: be made to get paid. Well, how serious are the 60 00:03:12,040 --> 00:03:15,959 Speaker 1: charges against Paxton? What's he really facing here? Well, it 61 00:03:16,280 --> 00:03:20,040 Speaker 1: seems like a rather small offense, but it actually carries 62 00:03:20,080 --> 00:03:22,040 Speaker 1: a risk of ninety nine years in prison if he's 63 00:03:22,040 --> 00:03:26,000 Speaker 1: convicted on all accounts. So, uh, he could lose his 64 00:03:26,080 --> 00:03:29,520 Speaker 1: law license even if he's convicted on the misdemeanor I 65 00:03:29,520 --> 00:03:33,360 Speaker 1: believe on failure to register. Um. So it's not clear 66 00:03:33,400 --> 00:03:35,680 Speaker 1: that if he loses his law license whether he'd have 67 00:03:35,720 --> 00:03:38,480 Speaker 1: to step down as Texas Attorney General. But clearly if 68 00:03:38,480 --> 00:03:40,640 Speaker 1: he's convicted on the felony accounts, he would lose that 69 00:03:40,840 --> 00:03:43,800 Speaker 1: as well as go to prison. Laurel a federal judge 70 00:03:43,840 --> 00:03:48,840 Speaker 1: dismissed similar civil allegations by the U S Security regulators. 71 00:03:49,200 --> 00:03:52,760 Speaker 1: Does that augur well for him in this case? Well, 72 00:03:52,800 --> 00:03:55,120 Speaker 1: he certainly wants everyone to think that it will. The 73 00:03:55,600 --> 00:03:58,560 Speaker 1: federal standard with a little bit different um. First of all, 74 00:03:58,600 --> 00:04:01,280 Speaker 1: it was a civil case, not a criminal case, so 75 00:04:01,640 --> 00:04:03,560 Speaker 1: the burden of proof is a bit different, and the 76 00:04:03,640 --> 00:04:06,480 Speaker 1: rules were a bit different. The federal judge said, well, 77 00:04:06,640 --> 00:04:09,520 Speaker 1: you didn't break federal securities laws even though you had 78 00:04:09,520 --> 00:04:11,680 Speaker 1: an ethical duty to tell the investors that you were 79 00:04:11,680 --> 00:04:15,040 Speaker 1: being paid to recruit them um under state securities laws. 80 00:04:15,040 --> 00:04:17,080 Speaker 1: It remains to be seen whether jury thinks that's against 81 00:04:17,080 --> 00:04:20,400 Speaker 1: the law or not. Laurel Coukins, it's a pleasure to 82 00:04:20,440 --> 00:04:23,480 Speaker 1: talk to you again. We haven't talked since ex On, 83 00:04:23,680 --> 00:04:27,280 Speaker 1: that's how long ago it was. But your reports are 84 00:04:27,360 --> 00:04:31,320 Speaker 1: always fabulous, especially she covers everything about Texas. She knows 85 00:04:31,360 --> 00:04:38,039 Speaker 1: all about the Texas courts. Michael, So, coming up on 86 00:04:38,080 --> 00:04:40,200 Speaker 1: Bloomberg Law, we're going to be talking about what the 87 00:04:40,320 --> 00:04:45,680 Speaker 1: National Institute of Justice has called this nation's silent mass disaster, 88 00:04:46,320 --> 00:04:49,479 Speaker 1: eighty five thousand missing people. And we'll talk to a 89 00:04:49,560 --> 00:04:52,480 Speaker 1: lawyer who helps the families of the missing get through 90 00:04:52,560 --> 00:04:57,800 Speaker 1: the legal complications that can entangle their lives for years. Michael. 91 00:04:57,800 --> 00:05:01,880 Speaker 1: People don't realize that when someone goes missing, it throws 92 00:05:01,920 --> 00:05:04,880 Speaker 1: the family into a complete limbo. There are thousands of 93 00:05:04,880 --> 00:05:07,839 Speaker 1: people in the country who who faced this and it's 94 00:05:07,839 --> 00:05:10,960 Speaker 1: sort of one of these great unknown problems. And yeah, 95 00:05:10,960 --> 00:05:13,400 Speaker 1: if you if somebody disappears in your family and you're 96 00:05:13,400 --> 00:05:15,640 Speaker 1: supposed to get life insurance or you need to continue 97 00:05:15,720 --> 00:05:17,920 Speaker 1: their health coverage or whatever, how do you do it 98 00:05:17,960 --> 00:05:20,360 Speaker 1: if nobody knows where they are we're going to find 99 00:05:20,400 --> 00:05:23,720 Speaker 1: out from a lawyer who's been helping people do this