The Fighting Entrepreneur

After giving you my abbreviated history the last couple weeks, I thought you might also be interested in a little battle I had with the US government. This article tells the story. It is from February 1997 and was printed in the Salt Lake Tribune.

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Best-Selling Author Wins in Court

The Federal Trade Commission has lost still another round in its fight with Utah businessman Mark O. Haroldsen, author of the best-selling How to Wake up the Financial Genius inside You.

US District Judge David Sam has dismissed the FTC lawsuit against Haroldsen’s FreeCom Communications and other defendants in the case. Sam ruled the government failed to allege in its lawsuit exactly how Haroldsen’s company defrauded anyone.

Last June, the judge turned down an FTC request to freeze the assets of Haroldsen’s companies. He also refused to appoint a receiver to take over the business operations.

“The FTC uses intimidation to cause businesses to spend hundreds of thousands of dollars to defend themselves against ridiculous allegations,” Haroldsen says. “I hope the FTC realizes they have lost and move on.”

The FTC, and a joint effort with the Utah Attorney General’s office, filed its complaint in Utah federal court in June 1996. It contended Haroldsen, three other individuals and six related companies made unfounded claims at seminars and in television “infomercials” to persuade people to buy $495 starter kits to help them launch home businesses.

The government contended that few if any consumers actually earned substantial income from the business ventures FreeCom detailed — ventures that included the resale of distressed merchandise, the operation of vending machines and the sale of vitamins and color-change T-shirts.

Shortly after the government filed its lawsuit, Haroldsen’s attorney Richard Casey responded that company records indicated customers’ complaints were low, less than a fraction of 1 percent.

Haroldsen’s hope that he will be able to go on with business without the cloud of an FTC lawsuit may not be realized.

Although he dismissed the lawsuit, the judge gave the FTC permission to file an amended complaint within 30 days.

“This is a setback, but we are not too concerned about it,” says Jeff Gray of the Utah Attorney General’s office, which has been working with the FTC.

— Written for the Salt Lake Tribune by Stephen Oberbeck

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That happened in 1997 but the FTC continued to file suit and, essentially, harass us until July 2001 when the court again found that “the FTC utterly failed to introduce sufficient probative evidence in support of its allegations.” In the end, we sued them for attorneys fees and won.

This whole experience is kind of a lesson in being an entrepreneur who thinks differently than everyone else. When you try something new, and especially when you’re successful at it, people might question what you’re doing. But if you believe in what you’re doing, if you’re offering a useful product or service and are helping people along the way, there’s no reason for you to question it yourself. Believe in what you do, and I think you’ll always come out on top.

Investing, Writing, and Being Grateful

Like I said in my previous blog, money has not been the best reward that I’ve received over the years. The best reward has come from helping people and it’s fantastic when they take time to give thanks and tell me how very grateful they are for helping them. That makes me feel great.

A few days ago, I received a wonderful letter from Jay P. DeCima, also known as “Fixer Jay”. I want to share some of his words with you. He begins with, “Hi Mark; I hope you are well.” I was well and his letter made me feel even better!

He went on to say, “You may or may not remember me. I’m a real estate guy. I participated at several of your real estate seminars and conventions during the mid-1980’s. I was a speaker at your week-long seminar at your Salt Lake City home. William Nickerson was my long-time friend and mentor.

“What triggered this letter was a re-listening to the tapes you and Bill Nickerson recorded with Dick Hamilton as the moderator. The tapes were recorded in 1987 sometime before CD’s replaced cassettes. Recordings were made at Bill Nickerson’s beachfront home in Aptos, Monterey Bay, near Santa Cruz, California. Mark, I’m not exactly sure about your age, but your web page shows you graduated from Ames High School in 1962. I graduated from Shasta Union High School, Redding, California in 1952 and I’m one month shy of 87 years old.

“After listening to the tapes, something you said stuck in my mind (what’s left). At 87 years old I’m lucky to remember even playing the tapes! You said, without any fanfare or hesitation, that you planned on living 101 more years until you reached the age of 144. I must say, that’s quite a plan! Nickerson guessed 100 years. If you wish, we could call that a mulligan or I’m totally agreeable with giving you a ‘do over’. But given the water that’s passed under the bridge, are you still sticking by the same estimate? Forgive me, Mark, I just had to ask.

“Your website shows you’ve written a new book, How to Ignite Your Passion for Living. Congratulations. I have oodles of passion, I just can’t tell for how long! I’ll order a copy. Perhaps it will shed some light on this longevity issue.”

 (By the way, I sent him a copy before he could order it.)

“I too have taken up the pen in my twilight years. I write real estate how-to-books. I’ve written six books. Three are self-published. My titles can be viewed on Amazon under the author’s name Jay P. DeCima (aka) known as Fixer Jay.”

(Note to readers: I too started by self-publishing since it can be so hard to get a publisher. After you have self-published a book or two, however, that gets their attention and then they are more agreeable to publish your books for you.)

“Both investing and writing have worked well for me. I had 300 screaming tenants at my high-water mark. I stayed so long I even miss the tenants. Senile perhaps might offer a better explanation. Mark, I’d love to hear from you sometime. We can talk about real estate, book publishing or even aging. Your choice—I’m open.”

So, I called Jay today and had a wonderful, long conversation with him. What a terrific guy! Managing Tenants & Toilets is one of his book. What a great title! You can order it by calling toll-free 1-800-722-2550 or send a fax to 1-530-223-2834.

More Production Yields a Better Life

In this post, I wanted to expand on Hyrum Smith’s great book, Purposeful Retirement (and yes you should go buy a copy!) He points out that studies show that the earlier you retire, the sooner you die. Having projects that are meaningful when you retire can not only raise your self-esteem and well-being but will also help you to live longer and stronger. So, if you are retired and, like me, have found that you don’t have enough to do and it’s driving you bonkers, or if retirement is in the not-too-distant future, it’s very wise and life enhancing to make a plan for your retirement years.

The key to this plan is to map out and write down the specifics of what you are going to do to truly make a difference in the world. From another great book, The Miracle Morning, the author Hal Elrod says, “you’re not supposed to ‘figure out’ what your purpose is.” Instead, he says, “you get to make it up.” So, it really is up to each of us to decide what we are going to do with the rest of our lives.

After reading this and giving it a lot of thought, I woke up the other morning with a very strong feeling of, “I know what I want my purpose to be.” My words to myself were, “I want to live, live, live, to give, give, give!” and I decided right then that from now on I would try to ask someone every day, “Is there anything I can do to help you?”

Perhaps, in doing this, I’m being a little selfish because I read in Smith’s book that, “through MRI technology we now know that giving activates the same parts of the brain that are stimulated by food and sex. Experiments show evidence that altruism is hardwired in the brain–and it’s pleasurable. Helping others may just be the secret to living a life that is not only happier, but also healthier, wealthier, and more productive and meaningful.” Plus, it helps you live longer. And, hey, I want all of those things!

So, my new resolution is to “produce” a lifestyle of giving that makes the world a better place! And I just figured out a way to make that easier and faster. I would like to volunteer to give free speeches, seminars, and mentoring to anyone who wants it–whether it’s on financial strategies and methods or other self-improvement habits. So, if I can be of service to you individually or to your group, club or organization, please let me know. I do think that “Great Giving produces Great Living.” Hmm. I like that saying even though I am just quoting myself. But who knows, maybe it will go viral and I’ll be famous … ho ho ho!

To contact me, you can leave a comment on this post (look for the “leave a comment” link at the top of the blog. If you don’t see the link click the header of the blog post to get to the blog post specific page and it should be there.) Or, if you get this by email, just respond to the email. I’m looking forward to hearing, and helping, you.