I have opened up a PACER (Public Access to Court Electronic Records) account. It costs about $0.08 per page, and I would recommend it to anyone that wants up-to-date information on the two court cases pending against Feuerborn and Jennings. PACER also has true and correct copies of the attorneys' filings. The attorneys in each of the respective cases are required to post their motions and responses on PACER so the public can follow the trial.
The two cases pending are United States of America vs. Thomas R. Jennings, David J. Feuerborn, et al. ("Criminal Case" | Case # 10-346-SJO) and "Freestone Resources, Inc. vs. Lawrence Shultz, Environmental Services and Support, Inc., David Feuerborn, Thomas Jennings, et al. ("Civil Case" | Case # CV 10-01349-O).
In the Criminal Case the U.S. Government is alleging "Conspiracy to Defraud the United States, Subscription to a False Tax Return, and Income Tax Evasion". In summary, the Grand Jury Indictment alleges that Feuerborn did not pay his taxes and Jennings intentionally filed his tax returns incorrectly on the money they raised from the ESS investors, used investor money to purchase cars and motorcycles, used investor money to pay for interior decorating, and created bogus bank accounts to funnel investor money to themselves as "loans" so it would remain hidden from the investors.
In the Civil Case Freestone is alleging that Shultz, Feuerborn and Jennings used certain misrepresentations, false statements, false documents and fraud to induce Freestone to enter into a Stock Purchase agreement with them.
The trial date in the Criminal Case is set for November 9, 2010. There have been a few motions filed in each case that I need to read thoroughly so I can give a better summary of the events on this blog. I hope to have some updates posted tomorrow. Stay tuned.
-ESS Investor
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