The Criminal Trial of David Feuerborn and Thomas Jennings is still scheduled for February 22, 2011. The government database where I gather my information has been quiet until the Government filed a new Motion yesterday.
The U.S. Attorney’s Office filed a Motion in Limine to Exclude Testimony of Kevin Studley (“Studley Motion”). It would appear that David Feuerborn and Thomas Jennings filed their reciprocal discovery (which included the Studley Motion) on February 8, 2011 in compliance with Judge Otero’s order. In this filing “Defendant Feuerborn has also suggested that the government is somehow responsible for the damage to the computers Ventura County allegedly caused, as well as for Ventura County’s alleged failure to produce ‘green ledgers’ that were seized at the same time as the computers. This suggestion of misconduct is entirely baseless. Even assuming evidence has been lost or destroyed and even assuming that the IRS was responsible for Ventura County’s actions (both of which the government disputes), the Supreme Court has held no constitutional violation arises unless the evidence ‘possess[es] an exculpatory value that was apparent before the evidence was destroyed’ and ‘the defendant would be unable to obtain comparable evidence by other reasonably available means.’ California v. Trombetta, 467 U.S. 479, 489 (1984). Not only that, defendant must also show bad faith on the part of the police. Arizona v. Youngblood, 488 U.S. 51, 58 (1988); see also Guam v. Muna, 999 F.3d 397, 400 (9th Cir. 1993). Here, whatever the state of the computer hard drives, the government has produced working forensic copies of the drives, and the government has produced the underlying bank records for the Bogus Ecologic Account. Moreover, there is no indication that any of the evidence had any apparent exculpatory value or that any official, let alone any official involved in this federal investigation, acted in bad faith” ( Case 2:10-cr-00346-SJO ; Page ID #797).
Once again, this is the same tactic that David Feuerborn, Thomas Jennings and Lawrence Shultz always use. They try and claim that the agencies and companies that have uncovered their fraud are corrupt, and they spread lies about these organizations in an attempt to discredit them. These claims are baseless attempts to shift the attention away from their frauds (tax fraud and chemical fraud). These individuals have scammed millions of dollars from investors with the use of toxic chemicals. Millions of dollars of investor money were placed, by David and Tom, in bogus bank accounts in order to funnel money to themselves so investors would not find out they were using the money to buy cars, motorcycles, RVs, condominiums, etc. We aren’t drinking the Kool-aid anymore, and neither will the Jury!
We are assuming that the Studley Motion and the Government’s Motion to exclude the testimony of Larry Shultz and Paul Sicotte will be heard on February 22, 2011 (the first day of the trial). Unfortunately we won’t know if they will be able to enter evidence about the chlorinated chemical until that hearing. This case is about how David Feuerborn and Thomas Jennings classified regular income as loans in order to avoid paying the IRS. David has such a big ego that he never even filed a tax return during the years he received his fraudulent payments! Dave's ego and the fact that they are currently in a lawsuit about their toxic chemical is proof that they will not stop their fraud unless they are in prison. Hopefully Judge Otero will give them the maximum penalty!
We should hear something in the Civil Case soon. I will keep everyone posted on both cases, and hopefully we can all celebrate a guilty verdict which will finally stop these fraudsters.
-ESS Investor
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