This would be laughable if it wasn’t true. David Feuerborn, Thomas Jennings and Larry Shultz have shown that they like to operate within certain patterns. My previous blog entries have indicated these various patterns. I believe we have a new pattern that has arisen out of Feuerborn’s latest Motion to Dismiss in the Criminal Case.
David Feuerborn filed a Motion to Suppress all Evidence Regarding Alleged Tax Evasion; All Evidence Regarding Alleged Bogus Eco-Logic Account; and to Dismiss All Tax Evasion Charges Against David Feuerborn due to A) Use of Evidence Obtained Illegally; B) Destruction of Exculpatory Evidence; Failure to Disclose Exculpatory Evidence or To Continue Trial (“Criminal Motion to Dismiss”). David, Tom and Larry love to file motions to dismiss because they never like to face the facts and answer the evidence against them. They know they are guilty of tax fraud and chemical fraud, and they know that the evidence against them is so overwhelming that they will be exposed if anyone has a chance to present that evidence in a court of law. This is why they have filed two motions to dismiss in the Civil Case, and why they are now attempting this Criminal Motion to Dismiss as a last ditch effort in their tax fraud case.
(Note: Where is a motion to dismiss the charges against Thomas Jennings? Did David Feuerborn throw his buddy under the bus to save his own tail?)
The Criminal Motion to Dismiss discusses how David Feuerborn’s son-in-law, Zackery Barker, removed a computer from David Feuerborn’s residence in Camarillo, CA, as well as ESS business records, and bank documents from the Bogus Eco-Logic Account. The Sherriff’s Department saw Zackery Barker remove this computer and documentation (presumably in an attempt to destroy evidence) and they arrested Mr. Barker and seized the computer and documents he was attempting to hide from the authorities at Feuerborn’s bequest. One briefcase Mr. Barker was attempting to hide from authorities contained $9,000 in cash!
(Note: The Criminal Motion to Dismiss that David filed implicates Zackery Barker, David Feuerborn’s son-in-law, as a co-conspirator that attempted to destroy evidence during the course of a criminal investigation. This is a clear example that Feuerborn doesn’t care who he hurts in order to save his own skin.)
Neil Evans (David’s attorney) is claiming that the confiscation of this documentation and the computer was a violation of David’s fourth amendment rights. What a joke! The Sherriff confiscated evidence that David’s son-in-law was clearly attempting to remove from Feuerborn’s residence and destroy! (That seems like probable cause for a search and seizure to me!) Furthermore, Neil Evans is claiming that without that documentation the Government wouldn’t have a case against Feuerborn (remember he doesn’t mention Jennings). What about the other 42,000 pages of evidence the U.S. Attorney provided? What about the black and white fact that David didn’t file a tax return during the years he managed and operated ESS? What about the ESS and Bogus Eco-Logic Account bank records that show how the money was spent and who it went to?
In the Criminal Motion to Dismiss Feuerborn’s attorney states that, “[w]ithout these records [seized from Feuerborn’s car] the entire basis theory alleged in the Counts against Mr. Feuerborn, including the alleged “conspiracy theory” that Defendants deposited money in a ‘Bogus Eco-Logic Account,’ would not have been developed or established” (Case 2:10-cr-00346-SJO ; Page ID #805).
Feuerborn also makes the claim in the Criminal Motion to Dismiss, and in his previous Studley Motion, that the computers that Mr. Barker was attempting to destroy for Mr. Feuerborn were not operating when he took possession of them last month. I have a theory that Feuerborn intentionally destroyed these hard drives when they were in his possession in an effort to put forth the latest Criminal Motion to Dismiss. I think the U.S. Attorney should investigate this theory.
Ventura County Lawsuit
David Feuerborn filed a lawsuit against Ventura County claiming that an illegal search and seizure took place by the Ventura County Sherriff’s Department. The best part of this lawsuit is the list of items that David claims were confiscated by the Sherriff and never returned. That list is as follows: 1) Corporate Check Books, 2) Corporate Stock Books, 3) Ledgers, 4) Haliburton Briefcase, 5) $9,000 cash, 6) Wallet, Checkbook, and credit cards, 7) Milk Crate with Records, 8) Motorcycle Jacket (leather), Black, 9) Motorcycle Gloves (leather) Black, 10) Motorcycle Helmet, Black, 11) Motorcycle Glasses, 12) Angel Paintball Gun, 13) Two compressed air cylinders, 14) Toolbox with contents, 15) Cell Phone, 16) Three thumb drivers (computer). I guess he is upset that the Sherriff’s Department confiscated his motorcycle gear, because without it he could not ride the motorcycles he purchased with ESS investor’s monies.
This is getting all too bizarre. Clearly David Feuerborn and Thomas Jennings have no legal defense against the tax fraud and conspiracy allegations so they are attempting anything and everything to avoid going to trial. I can’t wait for the U.S. Attorney’s response to these ridiculous accusations against the Government and Ventura County.
-ESS Investor
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