Neil C. Evans, David Feuerborn’s attorney, filed a motion yesterday requesting an “abbreviated hearing regarding the prior filed Motion to Suppress and Dismiss All Tax Evasion Charges” (Case 2:10-cr-00346-SJO; Page ID #1437).
Neil Evans is still contending that David Feuerborn’s Fourth Amendment rights were violated by the search and seizure that took place by the Ventura County Sheriff’s Department when they stopped the attempted concealment, and possible destruction, of evidence by Zackary Barker (David Feuerborn’s son-in-law). According to testimony in the Louisiana Criminal Case, Zackary Barker admitted to the Sheriffs that he was instructed, by David Feuerborn and Arthur Feuerborn, to hide cash, computers and business documents. Thus, Barker admitted that he attempted to conceal evidence of a crime. The officers had every right to confiscate this evidence so that it could not be concealed or destroyed under the automobile exemption. United States v. Ross, 456 U.S. 798, 820-21 (1982) (warrantless search of car permitted if police have probable cause to believe the vehicle contains evidence of a crime).
Once again this is a last ditch effort on the part of Mr. Evans to get the charges dismissed against his client, David Feuerborn. I can only assume that the U.S. Attorney has presented a mountain of evidence at the Criminal Trial that proves that David Feuerborn and Thomas Jennings conspired to defraud the IRS (just like the conspired to defraud all the investors in ESS). Since David and Tom were caught in this fraud they are attempting to create the illusion that the investor money they used to purchase their luxury items were paid to them in the form of “loans.” (Personal Note: I don’t understand how anyone can justify receiving $3,000,000 of investor money in any way, shape or form prior to the company earning even one cent of profit. All the money they received came from investors, and not from profit!) They are also claiming that the U.S. Government would have never found out about their bogus bank accounts if the Ventura County Sheriff’s department had not searched his vehicle. (He is not denying that he defrauded the IRS, rather he is saying that his fraud would have never been discovered if it weren’t for the LEGAL search and seizure conducted by the Sheriff’s Office.) David Feuerborn constantly attempts to fabricate excuses, or attempt to exploit legal technicalities when he is caught in his lies/frauds (the chemical fraud and the IRS fraud). When chlorinated chemicals are discovered within his solvent he claims that state agencies and companies that discovered them maliciously planted the toxic chemicals.
Furthermore, Neil Evans is claiming that he didn’t have enough time (due to family health issues) before the trial to file the Motion to Suppress and Dismiss. According to local rules and the Judge’s rules he is required to file any motions to suppress and dismiss 35 days before the trial begins. Neil Evans waited just over a week before the trial date to file his Motion to Suppress and Dismiss. Neil Evans is constantly claiming that he doesn’t have enough time in this case because of family issues, but in reality he was able to file two motions to dismiss in the Civil Case and appear for a hearing in Dallas, Texas. Who knows how many other cases he is working on currently?
Hopefully the Judge will see this tactic for what it is and deny his request for another hearing in this matter. Let’s get on with the trial in the hopes that justice will prevail.
-ESS Investor
No comments:
Post a Comment