To: Small Business Assembly Hearing

Re: Malinda’s Traveling Sales Crew Protection Act – Senate Bill SB-80

Testimony of Phil Ellenbecker

Director: Dedicated Memorial Parents Group

February 20, 2008

Several prosecuting attorneys and Attorney’s General across the country have said that traveling sales crews are a front for organized crime. Indeed they are nothing less than this. Our research has uncovered over 280 high profile felony crimes including fraud, IRS tax evasion, conspiracy, burglary, kidnapping, battery, sexual assault, rape, vehicular homicide, and murder. Currently we are working on 4 unsolved murders, 3 unsolved rapes, 1 unsolved attempted rape, 1 unsolved attempted abduction, and 1 unsolved disappearance. As recent as December 3, 2007 two traveling magazine sales agents entered the home of an elderly couple in Albuquerque, New Mexico. The agents then raped the woman and suffocated her to death. They then bludgeoned the man to death and burglarized the home. They are being charged with rape, murder, aggravated battery, robbery, burglary, larceny, kidnapping and conspiracy.

Sixteen days later a sales agent working for the same company attacked and raped a young woman in Claremont California. The company owner is Karleen Hillery. The same woman responsible for the death of my daughter Malinda and the six other children in the Janesville van crash that occurred on March 25, 1999.

Since the death of my daughter 33 more lives have been lost to this immoral and corrupt industry. A total of 80 lives have been lost to this industry that we are aware of. The door to door sales industry is rife with crime and totally out of control. There is currently no state or federal legislation to alter this consistent and increased pattern of crime and exploitation.

This March 25 will mark the 8^th anniversary of the Janesville, Wisconsin van crash. Eight years have past, 33 more lives have been lost and 139 more serious crimes have been committed and yet we still do not have any meaningful state legislation.

I find this reality to be overwhelmingly sad.

The bad actors didn’t show up for this hearing today. They simply can not defend what they have done. The Magazine Publishers of America are not her to dispute this legislation that will undoubtedly affect their business.

The National Field Selling Association which is the trade group for the magazine sales companies and clearinghouses is not hear to defend their position. They cannot defend the vehicular homicides, the child exploitation, the rapes and murders because all of these terrible acts are 100% documented.

So who is it that is fighting this legislation that was specifically written to protect the well being and safety of Wisconsin kids and home owners?

And why would anyone dispute a piece of legislation that was specifically written to protect human life?

The Direct Selling Association would have you believe that they are unlike the fly-by-night itinerant traveling magazine sales crews.

They have told you before and will tell you again that they are without doubt a better class of people with a higher code of ethics. But I am telling you today that this is not the case.

Maybe they have told so many people so many times that they have such a perfect track record that they have convinced themselves that their code of ethics was written by God himself.

Could it be that the Direct Selling Association is not really interested in the safety and well being of Wisconsin kids and homeowners? And could it be that the Direct Selling Association is afraid of this legislation because it might change their so called “business model” not just here in Wisconsin but all across the country?

So what does this really boil down to?

Money.

What a sad state of affairs.

They would have to pay at least minimum wage to their employees.

They would have to pay overtime.

They would have to pay for workers compensation.

And God forbid there employees might receive a benefit or two.

How could this possibly harm them if they are the so called good actors?

All they need to do is register with the Wisconsin Department of Workforce and Development. Get their sellers permits and go on with their business.

But there is a flaw in their code of ethics and a wolf in sheep’s clothing.

The Kirby Vacuum Company is listed on the Direct Selling Associations website as being a member.

I would like to read a chronology of crimes committed by Kirby sales agents that we have documented on the CD included in your press kit.

This information was collected from two on-line news archive websites, Proquest and Newsbank. 114 hits were reported on newsbank using the key words Kirby vacuum salesman. I did not have enough time to research all of the information.

See: Kirby Vacuum Company Chronology 021908

Kirby fits the MO of a traveling magazine sales crew exactly.

Now without a doubt you as a committee have a difficult decision.

If you allow the Direct Selling Association’s amendment to exempt companies like Kirby then you are simply condoning their ongoing crime. You will also destroy any hope for magazine sales kids that are truly indentured servants of ever having labor rights, equal rights with employee status, and protection from the continued and widespread abuse and exploitation.

Wisconsin has witnessed 11 deaths directly related to the traveling door to door sales industry. On July 1, 2005 a Menominee Wisconsin woman was brutally beaten and raped by a magazine salesman.

These facts cannot be denied. The door to door sales industry must be regulated before more innocent lives are wasted.

I am asking you today to please pass the SB-80 legislation on to the floor.

Eight years has been too long to wait for good men to do the right thing and protect our kids and families.

Thank you for your time,

Phil Ellenbecker