Criminal Case Update

Hello all!  There isn't much to update at this time.  There is nothing new to report in the Civil Case and just a few miscellaneous filings in their Criminal Case.  In the Criminal Case, the Court accepted conflict waivers from Defendants Feuerborn and Jennings so Neil Evans can represent both of them in the Civil Case without causing a conflict during their Criminal Case.  These waivers were not published on PACER.  

Additionally the Judge granted and affirmed the Stipulation in the Criminal Case which allowed for a continuance of their trial date until November 30, 2010.  The exact language reads, "Defendants shall appear in Courtroom 1 of the United States Courthouse, 312 North Spring Street, Los Angeles, California, on November 30, 2010, at 9:00 a.m." (Order Continuing Trial Date and Findings Regarding Excludable Time Periods Pursuant to Speedy Trial Act, Page 199). 

Assuming that a plea is not reached by the Defendants before the trial, is there anyone that plans to attend?  If they are convicted I wonder if the Judge will allow the shareholders of ESS to speak before their sentencing?  This is all pure speculation at this point but I have seen episodes of American Greed on CNBC, and usually the judges hearing the cases will let investors speak to the Court prior to sentencing to hear about the hardships incurred because of their scams.  

We have a month and a half to wait until their trial.   All indication is that the trial should last no more than two weeks.  


- ESS Investor