Frist Received Many Updates From Trustee
Yahoo News/AP
By LARRY MARGASAK
Associated Press Writer
Sep 24, 5:33 PM ET
WASHINGTON - Blind trusts are designed to keep an arm's-length distance
between federal officials and their investments, to avoid conflicts of
interest. But documents show that Senate Majority Leader Bill Frist knew quite
a bit about his accounts from nearly two dozen letters from the trust
administrators.
Frist, R-Tenn., received regular updates of transfers of assets to his blind
trusts and sales of assets. He also was able to initiate a stock sale of a
hospital chain founded by his family with perfect timing. Shortly after the
sale this summer, the stock price dived.
A possible presidential contender in 2008, Frist now faces dual
investigations by the U.S. attorney for the Southern District of New York and
the Securities and Exchange Commission into his stock sales.
Sheldon Cohen, who was the trustee for Democrat Walter Mondale's blind trust
when he was vice president, and drafted Democrat Lyndon Johnson's blind trust
for Johnson's presidency, said that in the executive branch,"You don't tell
them how it's composed." He said Frist, like any federal official, "absolves
himself of conflict by not knowing what he owns."
Cohen said that when Mondale left office, he told Cohen to sell his assets.
"He had no idea what I was holding," the Washington attorney and former
Internal Revenue Service commissioner said.
Frist spokesman Bob Stevenson said the senator received approval from the
Senate Ethics Committee before he initiated the stock sale. All the information
Frist received complied with federal law and Senate ethics rules, Stevenson
added.
The stock was in HCA Inc., a chain of hospitals founded in the late 1960s by
Frist's father and brother. At the time of the sale, insiders also were
selling. Shortly after that sale, the stock price dipped because of a warning
that earnings would not meet Wall Street expectations.
"If, in fact, Frist was actively involved in this decision, he certainly has
to supply an explanation of how that's consistent with a blind trust," said Bob
Bauer, a Washington attorney who has set up blind trusts for Democratic members
of Congress.
Bauer said he has no knowledge of Frist's dealings with the trustees of his
investments.
Whether Frist knew too much about his investments, or took advantage of
insider trading, is not known. But the potential political damage increased in
recent days.
Frist also knows first hand how a Senate leader's career can suddenly roll
downhill. His predecessor, Sen. Trent Lott (news, bio, voting record), R-Miss.,
lost his leadership post after praising the late Sen. Strom Thurmond's
segregationist campaign for the presidency in 1948.
Documents on file with the Senate show the trustees for Frist and his
immediate family wrote the senator nearly two dozen times between 2001 and July
2005.
The documents list assets going into the account and assets sold. Some
assets have a dollar range of the investment's value and some list the number
of shares.
The trust is considered blind because eventually, through the sale of
transferred assets and the purchase of new assets, the official will be
shielded from knowing the assets he owns. The knowledge Frist learned about his
holdings potentially makes it more difficult to avoid a conflict of
interest.
Frist's 2005 financial disclosure form lists blind trusts valued between $7
million and $35 million.
Fist, a heart surgeon, has been the Senate's leader as the chamber has
considered Medicare legislation and many other issues that would affect HCA's
hospitals and doctors.
Another political problem for Frist: His own statements suggest he had no
knowledge of his blind trust investments.
Asked in a television interview in January 2003 whether he should sell his
HCA stock, responded, "Well, I think really for our viewers it should be
understood that I put this into a blind trust. So as far as I know, I own no
HCA stock"
Frist, referring to his trust and those of his family, also said in the
interview, "I have no control. It is illegal right now for me to know what the
composition of those trusts are. So I have no idea."
Stevenson, the Frist spokesman, said there limited instances "where federal
law and Senate ethics regulations call for the disclosure of certain
transactions or events to the Ethics Committee and to Senator Frist as the
trust's owner.
"Except in these very limited instances, Senator Frist does not receive
information related to the disposition of his assets under the control of the
trustee."
Frist sold the HCA stock at a time when insiders in the company also were
selling off shares worth $112 million from January through June of this year.
Aides to the senator said he acted to avoid a conflict of interest, and that he
had no information about the company that wasn't available to the public.
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