Legal Opinion

 

January 27, 2004

 RE:                   Compliance with the Veteran’s Entrepreneurship and Small                     Business Development Act of 1999

 To Whom It May Concern:

 Palumbo Bergstrom LLP represents the American Freedom Funds and Mischler Financial Group, the exclusive service disabled veteran broker nationwide for the American Freedom Funds.  They have asked us to provide you with our analysis of the Veteran’s Entrepreneurship and Small Business Development Act of 1999. 

 

By way of background, Mischler is a FINRA /SEC Broker-Dealer specializing in conservative investments for Institutional clients on a Global basis. Mischler has long standing relationships with most of the major securities firms on Wall Street and has access to virtually all investment grade securities in the New Issue as well as the Secondary markets. Mischler is certified as a “Service Disabled Veteran Enterprise” and a “Small Business” by the Department of General Services Office of Small Business Certification and Resources, the California State Treasurers office and Various other Governmental Agencies throughout the United States . Mischler has specialized in serving state and local government, financial institutions, government contractors, insurance companies, universities, private and public pension funds.  

 Mischler's status as a Service Disabled Veteran Enterprise allows it to meet public agency and government contractors' procurement requirements pursuant to the “Veteran’s Entrepreneurship and Small Business Development Act of 1999” (the “Act”).  The Act requires the Small Business Administration and other federal agencies to implement policies and programs assisting veterans (particularly service disabled veterans), in among other things, the procurement of contracts with federal agencies. The Act authorizes the President to establish annual government-wide goals for procurement contracts awarded to small business concerns owned and controlled by service disabled veterans (“SDV’s”).  The government-wide goal for participation by SDV’s must be at least 3% of the total value of all prime contract awards for each fiscal year. Any department, agency or organization which receives federal funds, can comply with the new Act by utilizing a services disabled veteran-owned small business, such as Mischler.[1]

[1] The head of each federal agency, in consultation with the SBA is responsible for establishing annual agency-specific goals for participation by SDV’s.  At the conclusion of each fiscal year, the head of each Federal agency must report to the SBA on the extent of participation by SDV’s.  The reports must contain justifications for failure to meet the annual goals.  The SBA will annually compile and analyze the reports submitted by the individual agencies and submit them to the President and to Congress. 

RE: Compliance with the Veteran’s Entrepreneurship

and Small Business Development Act of 1999

February 11, 2004

Page 2  

Further, the 3% mandate applies to the financial services sector as the law seeks to improve the position of minority, women and disabled veteran business enterprises in procuring construction, commodities, and professional service contracts. Compliance with Federal and numerous states' government contracting legislation can be accomplished by utilizing a service disabled veteran owned NASD broker-dealer, such as Mischler Financial Group and/or by placing funds in money market instruments such as the American Freedom U.S. Government Fund which have an exclusive selling agreement with a service disabled veteran firm.

 Mischler Financial Group is the exclusive service disabled veteran broker nationwide for the American Freedom Funds. Therefore, by using the American Freedom Funds, Mischler Financial Group can provide public agencies and government contractors with a means of satisfying new federal law and regulations which require a portion of all federally obtained funds to be earmarked for veteran owned small businesses.

 This opinion has been prepared at the American Freedom Funds and Mischler's requests for your benefit.  Except to the extent expressly set forth herein or as we otherwise believe to be necessary to our opinion, we have not undertaken any independent investigation to determine the existence or absence of any fact, and no inference as to our knowledge of the existence or absence of any fact should be drawn from the rendering of the opinion set forth herein.

Very truly yours, 

    

   
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