Neil Evans Attempts a Smoke and Mirrors Defense for David Feuerborn

Neil Evans has mastered the art of creating smoke and mirrors in an attempt to get his client(s) off the hook for frauds that he knows have occurred.  David Feuerborn, Tom Jennings, and Larry Shultz clearly defrauded a public company with their chemical fraud by claiming that it was non-toxic, and by doing so committed securities fraud.  They have no legal defense so all their attorney can do is file numerous motions to dismiss to delay the litigation, and his clients requirement to answer the charges against them (because they can’t answer the charges without admitting their guilt).   

Evans is now using the same tactic in the Criminal Case.  David Feuerborn cannot answer why he did not file a tax return for six years in a row.  Thus he is attempting to divert attention away from that fact by stating that the IRS would have never discovered his fraud if sheriffs had not searched his car in “violation with his constitutional protection from illegal search and seizure.”   
  

First and foremost the IRS can easily look up someone’s tax history in their database.  When an IRS agent searched for David Feuerborn’s information in the IRS database he noticed that David had not filed a tax return in SIX years.  This caused the IRS agent to investigate the matter further.  When one searches bank records it is easy to find all the bank accounts controlled by a certain signatory.  This would have unveiled the Bogus Eco Logic Bank Account which was held at a major bank, Wells Fargo.  Thus, his fraud was discovered without the use of any documents contained in his BMW.  The U.S. Attorney even states that he is not using any evidence confiscated by the sheriff’s department in his case-in-chief against Feuerborn and Jennings!

Furthermore, cops are within their right to search and seize evidence when they believe that evidence might be destroyed.  In this case David Feuerborn’s son-in-law, Zackary Barker, attempted to remove evidence from David Feuerborn’s and Arthur Feuerborn’s houses (they are not contesting this fact).  This attempt was witnessed by the Ventura County Sheriff’s Department.  When they stopped Zackary Barker and questioned him Zackary admitted to officers that, “Defendant Feuerborn instructed Barker to go to defendant’s residence, get defendant’s computer, and hide the BMW, briefcase, and computer in a ‘safe’ place” (Case 2:10-cr-00346-SJO ; Page ID #978).  (Personal Note:  Innocent people do not act in this fashion.)  Zackary admitted that he was attempting to hide evidence, which gives the cops every right to search and seize that evidence in order to protect it from being destroyed.  In addition, a search warrant was granted to search and seize the items in David’s car.  Every action the cops took was legal and proper. 

I am writing this to point out all the holes in Neil Evans’ latest motion where he is attempting to get the Criminal Case dismissed.  His charges against the IRS, Ventura County Sheriff’s Department, and the U.S. Attorney are without any merit whatsoever.  These types of frivolous/meritless motions to dismiss should be met with sanctions against Evans for wasting the court’s time and resources. 

-ESS Investor