Dedicated Memorial Parents Group

 

To: Small Business, Committee on

Representatives Van Roy, chairperson,

Honadel, vice chairperson                                           

Representatives M. Williams, Ballweg,

Mursau, Sheridan, Fields, and Hebl

 

 

From:

Dedicated Memorial Parents Group

Phil Ellenbecker, Director

 

RE: Senate Bill SB-251

February 7, 2006

 

Wisconsin State Capital

 

Public Hearing on Bill SB-251

 

Testimony of Phil Ellenbecker:

 

Before I begin I would like to thank the assembly committee members for giving me the opportunity to speak on behalf of Senate Bill SB-251 this morning.

 

I would also like to thank Senator Erpenbach, and his staff along with all of the other Senators who have helped to bring this very important legislation to your attention today.

 

And last I would like to thank the Department of Workforce and Development, The Department of Justice, and the Department of Agriculture Trade and Consumer Protection for their support of this bill and for their ongoing work with this most serious problem.

 

I would like the representatives to keep in mind that the SB-251 bill is structured to protect Wisconsin children, young adults, and homeowners from the brutal violence that has plagued the traveling door to door sales industry both her in Wisconsin and across the country. The bill is a matter of public safety and as such requires that the needs of the many must outweigh the needs of the few. I would also like to point out that there are no traveling door to door magazine or cleaner companies that our organization is aware of that originate from the state of Wisconsin. All of the fraud, rape, murder, and vehicular death that has occurred in our state have come from outside of our borders. The SB-251 bill is structured to give law enforcement, state prosecuting attorneys, and civil attorney the necessary tools to go after the door to door sales companies when their sales agents commit crimes. One such crime occurred on March 25, 1999. On that night my only daughter Malinda died bleeding to death alone on a cold cement highway from a crushed skull. Six others also lost their lives that night. No one was there to comfort, or hold them as their lives slipped away. Along with the seven deaths, five other children were also permanently maimed for life in one of Wisconsin's most horrific traffic accidents in the history of our state.

 

I can tell you from the depth of my soul that every waking minute of every day Malinda is in my heart. She was a beautiful child with a wonderful future. She was loved by many and had so very many dreams.

 

Now all we have are memories of a time that is gone forever. Her life and part of mine ended that night. I buried Malinda not more than five blocks from where she lived and I drive by the cemetery taking my son Dustin to his friend's house almost every day. And still to this day we become so very quiet as we pass by her in the car. I think that if you have children then you know what I am trying to say but it is not something that can be put into words and it is not something that you can experience unless you have

lost a child.

 

The death of my daughter affected my son severely. One of the hardest things that I have ever had to do in my life was to tell my eight-year-old son Dustin that his sister Malinda was dead and in heaven with the angels.

 

It will be seven years this coming March 25 since the horrible van crash that took my daughter's life and the lives of six other children. Since March 25, 1999 there have been 28 more deaths across the country that we are aware of. Two of these deaths have occurred here in Wisconsin. Currently Wisconsin has the highest percentage of deaths related to traveling door-to-door sales crews in the country. In total eleven lives have been lost in Wisconsin, nine deaths by vehicular accidents, one death by drowning, and one death by murder.

 

Just as recent as July 5, 2005 a 50-year-old Menonomine, Wisconsin woman was brutally beaten, sexually assaulted, and robbed. The offender was working for a traveling door to door sales company selling magazines out of Florida by the name of Palmetto Marketing. Palmetto marketing has a long history of violent crime and a long history of not doing background checks on their sales agents.

 

The traveling door-to-door sales industry is totally out of control. There are currently no federal or state laws regulating the industry.

 

In the past 15 months we have logged three murders, one unsolved murder,  four rape cases, five sexual assault cases, four burglary cases, two fraud cases, and two abandonment cases not to mention the 3 – 5 kids per week that our organizations help get out of the crews. In total since the Dedicated Memorial Parents Group started monitoring these crimes in 2002 we have logged over 200 criminal felony cases. The crimes are almost all against homeowners and range from burglary and felony assault to sexual assault, rape and murder.

 

After the Janesville van accident Attorney General Jim Doyle sent letters to the publishers warning them to stay out of Wisconsin. The letters were ignored.

 

Since my daughter Malinda and the other six kids were killed on March 25, 1999 there have been nine more traffic fatalities. A van crash that occurred in Wyoming killed one girl, seriously injured four, and critically injured a young boy. The boy was clinging for his life with a cracked skull, a punctured lung, broken rips and other major injuries. The death just occurred on April 22, 2004 in South Dakota and is being treated as a homicide. More recently on November  27, 2005 a van crashed near Phoenix, Arizona killing to kids and on October 26, 2005 another van crash killed a magazine sales agent in Adel Georgia. This is also being treated as a vehicular homicide.

 

The traveling door to door sales industry has become a silent killer of youths in America. It is without question a growing national tragedy.

 

Many labor officials, critics, and even our own former Attorney General Jim Doyle have coined these groups: "teen sweat shops of the streets." Many of the crews are on a daily basis are breaking child labor and state solicitation laws.

 

Kids who have the misfortune of being recruited into these crews are lured in and lied to. Many are abandoned, physically and mentally abused, introduced to drugs, and cut off from their families and friends. Girls are forced to have sex with the managers and are told that if they do not comply they will be abandoned without any money sometimes thousands of miles from their homes.

 

One magazine sales crew out of Texas forces the male sales agents to box each other if their sale for the day is low. The other kids are forced to bet on the winner. We have pictures from a former crew manager showing bruised and bloody faces.

 

Those that can get out before it is too late survive, but with horror stories that haunt them for life.

 

Many of these kids never come home.

 

The dirty business of child exploitation is alive and well in the door to door sales industry. Children and young adults across this country are at risk of being falsely lured into this brutal and immoral business.

 

But Children and young adults are not the only victims of this out of control and unregulated industry. Our research has uncovered an alarming trend in violent crimes being carried out against anyone unfortunate enough to open their door to a traveling sales crew member. Many of the individuals hired by the unscrupulous fly-by-night sales crew recruiters have criminal backgrounds. Our records show that these individuals have committed some of the most heinous crimes imaginable. Crimes that have destroyed lives and devastated families across the country.

 

Since November of 2005 there have been two murders, two rapes, and one kidnapping at gun point.

 

 

But the real villains of this national tragedy are the clearinghouses and publishers that on a daily basis continue the dirty business of sales by exploitation without legal entanglement.

 

The clearinghouses and publishers maintain their distance from any legal entanglements by insisting that the kids working on the sales crews are independent contractors when in reality the passage of money flows directly from the crew subscriptions, to the clearing house and then on to the publishers. This arrangement is not by accident. It has been thought out and planned this way in order to minimize any legal and liable connection between the kids selling products door to door and the clearinghouses and publishers. This arrangement also virtually eliminates any rights that the kids would have if they were considered employee’s of the sales crews. By manipulating the grey area of law the clearinghouses and publishers can literally get away with murder. The children have no rights, no minimum wage, no insurance, and no benefits and are treated as indentured servants and slaves.

 

The Janesville accident has cost the state of Wisconsin millions of dollars. Our lawsuit against the magazine companies was a failure. Our attorneys blamed lax state legislation as the main reason why we could not win our case against the magazine companies and the clearinghouse. Out of the 9 million dollars that it will take to care for Monica Forgues (the little girl paralyzed from the neck down) the state of Wisconsin was only able to recover $500.000. Wisconsin tax payers will pay for the rest.

 

Two years ago I worked with the Wisconsin Department of Education and together with the 12 CESA's in Wisconsin we distributed Dedicated Memorial posters to every high school in the state in an attempt to warn our kids and their parents about the many dangers involved with door-to-door sales. But education alone will not solve this problem and will certainly not protect our homeowners and consumers.

 

The magazine and cleaner crews come into our state, recruit our kids, rip off our consumers and commit crimes against both the kids and homeowners. They fraud our consumers by marking up the price of a subscription as high as 300% over the actual cost and they lie to the homeowner, telling them they are from the local high school and working toward a scholarship.

 

This is not a republican or a democratic issue, it is not a big business issue, this is about protecting our children and homeowners from exploitation and crime.

 

Senator Erpenbach has created a piece of legislation (SB-251) that we believe would be a very good bill for the State of Wisconsin. If passed it would most certainly help detour the sale crews from preying on our kids and homeowners. It would also send out a very powerful message to the National Field Selling Association (the sales crews and clearinghouses trade group) and to the Magazine Publishers of America. The bill could also be used as a template for other states that would like to follow Wisconsin's lead. Wisconsin was the first state in the union to adopt child labor laws. I am asking you today to continue that tradition by passing the SB-251 bill on to the assembly floor.

 

I am asking you for my daughter Malinda and for the other six kids that died on March 25, 1999 and I am asking you for all of the thousands of children and families that have been victimized by this most violent and immoral industry.

 

Thank you for your time.

And thank you for your consideration in this most important matter.

 

Sincerely,

 

Phil Ellenbecker

Director

The Dedicated Memorial Parents Group

February 7, 2006

 

Contacts:

Dedicated memorial Parents Group

Phil Ellenbecker

Home Phone: 608-845-1711

Email: phil@dedicatedmemorial.org

Websites:

www.travelingsalescrews.info

www.dedicatedmemorial.org

 

For further information on door to door sales crews:

Parent Watch:

www.parentwatch.org

www.magcrew.com