Now that David Feuerborn and Thomas Jennings have been found guilty of tax fraud and conspiracy, everyone is wondering how much time they will spend in prison. This has been the subject of conversations between me and numerous tipsters. I have also received a high volume of emails from investors that would like the opportunity to testify at the sentencing hearing in late June. Hopefully the Assistant U.S. Attorneys will allow many of these investors to tell their story. A lot of people have been hurt by this scam, and their stories need to be told to the Honorable S. James Otero so he can factor them in to his decision.
As stated in the DOJ Press Release, David faces up to 25 years in prison and Tom faces up to 17 years in prison. The research I have conducted on prison sentences issued by Judge Otero indicates that he favors longer punishment terms than average, and the typical tax fraud sentences seem to be around 40-70 months. The conspiracy conviction (the bogus Eco Logic bank account used to hide money from investors and the IRS) will weigh heavily on the Judge’s decision, and will substantially add to their prison term.
Judge Otero will most likely want to hear from investors that were scammed, and I am sure the prosecution will bring up the Civil Securities Fraud Case that is currently pending in Dallas, TX. The Civil Case shows their continued attempts to defraud investors, and the continuation of behavior that promulgated the current guilty verdicts. The Government has cited the Civil Fraud Case in multiple motions that led up to the trial, and I am sure it will be used again at sentencing.
It is difficult to speculate how much prison time they will receive, but it is likely that they will get an above average prison term due to the ongoing Civil Fraud Case, as well as investor testimony (over 800 of us). I guarantee David Feuerborn still thinks he did nothing wrong, and thus he will continue the chemical scam with their new partner that has yet to be indicted, Larry Shultz. Thanks to the Civil Fraud Case we know the identity of this man (history indicates that they always have someone willing to be their shill for some quick cash). I think the Judge should ask David and Tom if they plan to continue to pursue the “chemical business” after they are released from prison, or if their third partner, Larry Shultz, will continue pursue the “chemical business” while they are in prison. If they answer “yes” to either of those questions then I hope Judge Otero gives them the maximum sentences allowed so they can’t hurt any more investors.
We must continue to alert federal and state authorities of the ongoing effort by Larry Shultz to front for this scam on behalf of Jennings and Feuerborn. Stay vigilant.
I got taken when they brought this scam through Louisiana a few years back. Any sentence less than the full 25 years is too little for David. Thanks for all the updates.
ReplyDeleteJane
This blog has been extremely helpful! I don't understand how to access all the case documents that you post but I am thankful that you have been following it so closely.
ReplyDeleteI am friends with some of Dave's extended family; I can assure you that he is a manipulative sociopath. After he was found guilty he has been telling his family that he will appeal this, and that the jury clearly doesn't understand what a loan is. Maybe his wig is on too tight or his ego is too big but he still can't get it through his head that he has finally been caught. Sadly I am sure his family is still believing his BS.
He tried to get me to invest in his crappy technology quite some time ago but then I found out he was being investigated for fraud. I also find it interesting that you mention Dave's claim that god gave him this technology, b/c I've heard people tell me he uses that all the time to get investors. At first I didn't have any bad will towards Dave and I just assumed he was a nut, but then he involved his son in law and had him hide evidence on his behalf. Dave knew full well that involving Zack could get him in trouble, but Dave only cares about Dave. It pissed me off even more to see him use Zack in this case to try and get off again.
Clearly this guy doesn't give a damn about investors but he also doesn't give a damn about his own family. In Dave's mind it's all about Dave and he doesn't care who he pisses on in order to make a dime. 25 years isn't enough time in my opinion.
To the author of this blog-keep up the good work!
....some of his family members have never believed his bs and are wondering why it has taken app.18 years for his crap to finally catch up to him....
ReplyDelete^^Amen^^
ReplyDeleteThe characterization "Sociopath" fits David Feuerborn better than his road kill wig: "a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood or early adolescence and continues into adulthood".
ReplyDeleteThe last time I spoke with him he wanted me to know that they were "big time" having grown up from the days that I used to pay his motel bills and child support payments. Big time simply translated to stealing large amounts of money from investors, living in nice homes, driving nice cars and traveling.
David and Tom systematically manipulated their story in the beginning to convince new investors that they had been wronged by earlier investors trying to steal their technology. Now the world seems to understand that there never was any technology, simply over the counter chemicals demonstrated for purposes for which they were unfit or economically unfeasible.
I always trusted that Jennings was innocent. He had a nice family, worked hard in the construction business and stayed involved simply because of his friendship with David. After being thrown in jail in Louisiana, he had his chance to walk away but he didn't. Social disorders are not contagious but I suppose greed is.
The earlier comment about David not believing he has done anything wrong is correct in my opinion. There are two sides to his personality, the one before you invest and the one afterwards. He was stealing money from investors when I first met him back in 1998, almost fourteen years ago. Since then his story has changed little, he has not generated any revenue that I know of and would continue to support the lifestyle that he has become accustomed to by continuing his wrath upon unqualified investors who truly cannot afford to lose their investments.
As a member of the jury in the Los Angeles Federal court case I can assure you the jury would not be surprised to hear that David Feuerborn made a comment thinking this jury does not understand loans as he seemed very arrogant during the trial and we think he honestly thought he was going to fool us but the government's evidence, in this case, was overwhelming. This jury was a very intelligent group and many of them own their own "small" businesses. Thomas Jennings and David Feuerborn just had the misfortune of getting an intelligent jury who has held meetings (so we understand the difference between corporate meeting minutes, forecasts, etc. and bonafied loans), we know how businesses work regarding those loans, we know how to keep records, and most importantly Mr. Feuerborn, we know how to do math!
ReplyDeleteOnce the jury was released and I was able to read, watch tv, etc. I thought I would type in the defendant's names just to see if there was anything about this case. I never expected to be reading what has taken place over the years. I guess this is the reason jurors are not allowed to research, etc. on a defendant because I think we would have put David Feuerborn under the prison.
Good luck to all of you investors. I truly hope our verdict brings you some peace even if it is only inadvertantly related to the real case. I can tell you from firsthand experience Judge Otero appears to be a no-nonsense type of judge. He was very good and accomodating to the jury but did not let the attorney's waste our time. He had no problem keeping order in his courtroom. I would be surprised if Judge Otero does not give the defendant's the harshest, maximum punishment he can.
I will keep following this story because your stories have really touched my heart and now I want to see what happens to these two, especially Dave Feuerborn, because he just kept shaking his head "NO" when the verdicts were read.
TO MR. FEUERBORN:
Mr. Feuerborn, the only reason the jury took as long as it did to reach verdicts on the counts was because we tried very hard to play devil's advocate and find a reasonable doubt. The only reason you were acquitted on the one count was because the 2007 file we were given was empty. We still thought something fishy was going on but without anything in the 2007 file we had no choice but to come back with a not guilty verdict on that one. As for the other counts and you thinking we do not know what loans are, we know the burden of proof was on the government but we were surprised you and Mr. Jennings did not provide just one piece of evidence that these were bonafied loans. They were not listed on ESS's own books as loans. There was nothing to show even one payment for the loan. We kept saying if the defendant's had provided us with "just one" item showing a loan payback we might have a reason to believe these were loans but nothing. Mr. Feuerborn, if you wish to blame anyone you only have yourself to blame. You were not even smarter than the least inexperienced juror. If I were being brought up on these charges you can bet your hiney I would have provided at least one piece of evidence but you did not. You really didn't even defend yourselves very well at all because your own witnesses were more harmful to you than any of the government's witnesses. Mr. Feuerborn, I am so proud I had the honor of serving with this very intellegent jury. You really should come down off your high horse and mingle with intelligent people such as this jury.
A Department of Justice Press Release dated February 14, 2011 may give an indication as to how the Honorable S. James Otero will likely rule in the Thomas Jennings, David Feuerborn case.
ReplyDeleteLOS ANGELES: A Downey man was sentenced to 22 years in federal prison for running two fraud schemes.....that took in at least $30 million from more than 500 victims, and a mortgage fraud scheme that preyed on working-class homeowners by stealing the equity from their homes and secretly taking title to their homes.
Although the defendant and the federal prosecutors agreed, in that case, to a plea agreement of a 15-year prison sentence United States District Judge S. James Otero said a 22-year sentence was needed based on the devastating impact the defendant's actions had on his victims.
Judge Otero allowed more than a dozen victims to address the court during the sentencing hearing including a woman whose son was killed while serving in Iraq.
The government, in that case, is asking Judge Otero to order the defendant to pay a substantial amount of restitution to his victims. The hearing is scheduled for May 6, 2011.
Maybe this will be the case here. Even if David Feuerborn and Thomas Jennings were to reach a plea bargain agreement Judge Otero might still go the fullest extent of the law with the prison terms and even require restitution be paid to their victims.
Good luck and God be with you through this journey.
If anybody in law enforcement is reading or monitoring this thread, Or the bondsman (or woman) Feuerborn WILL NOT SHOW UP for sentencing. There is not a lot of common sense being displayed given the above jurors observations and the obvious. The moment his attorney explains that an appeal won't keep him out of jail, he will be heading to the border.
ReplyDeleteHow do you say "bad hair day" in Spanish?
You don't need to know Spanish in Canada. He has contacts in Canada. And then of course, on to Sweden.
ReplyDeleteDoes anybody know how Jennings feels about the prospect of losing his family for ten years because of his sheer stupidity and loyalty to an obvious sociopath? I have not heard from anyone with an opinion one way or another about his involvement and participation other than the fact that he received over $1 million and David over two from a relatively small sampling of their history.
ReplyDeleteI hope for the government's sake they have ankle bracelets on these jokers.
ReplyDeleteTo the Anonymous poster that mentioned a possible plea bargain: That option is out. The opportunity to plea out is only available before the trial commences. If they were smart they would have taken a plea bargain, but David's ego wouldn't allow him to admit he was wrong despite the plethora of evidence. It sounds like he still believes he is innocent based on the statements of the juror and family friend. It's a pretty bold move to stare down a jury during the trial if you ask me.
ReplyDeleteDo to their stubbornness they now face up to 25 years in prison, and it sounds like this judge isn't afraid to give them the full Monty in order to make a statement that investor fraud and tax fraud will not be tolerated.
In prison they may be getting the full Monty in more ways than one.
ReplyDelete