Local Counsel Appointed

It would seem that the recently convicted felons David Feuerborn and Thomas Jennings, as well as their newest partner in the snake oil scam, Larry Shultz, retained Dallas attorney James D. Stanton as their local counsel this morning in the Civil Case.

To all my fellow ESS investors—their ability to hire all these new attorneys indicates that David and Tom have a substantial amount of cash hidden away.  Apparently the IRS and U.S. Attorney’s office only skimmed the surface of the hidden money involved in this scam.  They are now using our investment money to defend this scam in order to raise money from more innocent investors.  

Many ESS investors have discussed starting a class action lawsuit, and I think we now have confirmation that Dave and Tom have a substantial amount of money that we can collect.  I think it’s time that all of the ESS investors stand up together and proceed to collect what is rightfully ours.  Before the end of the week I will work on an email that will go out to all the investors that have mentioned taking legal action against Dave and Tom.  Together we can stop this scam.        

-ESS Investor    

Local Counsel Extension Granted

The Judge in the Civil Case granted Neil Evans’ request for an extension to get local counsel until May 25, 2011 (this Wednesday).  I’ll keep everyone posted on what Evans files on Wednesday. 

Intercoast Colleges and Neil Evans

Neil C. Evans, David Feuerborn’s attorney in the Criminal Case and the attorney representing all of the defendants in the Civil Case, is apparently representing a for-profit college in Portland, Maine.  The case involves Intercoast Colleges, Inc., and/or one of its employees, which is trying to defend a sexual harassment claim.  Thanks to the various motions Mr. Evans has filed in the Civil Case, which vaguely discuss the Portland, Maine action, and thanks to a recent tipster, I have been able to cross reference “Neil Evans”+ “Portland, Maine”+”Intercoast Colleges” and what I discovered is eye opening!

While this post has nothing to do with ESS and the chemical scam, I thought it was appropriate because apparently Mr. Evans makes it a business to represent some very “interesting” clients.  I stumbled on a news feed where some of the former students and employees have some very interesting things to say about Intercoast Colleges.

Of course Neil Evans represents the defendant (Intercoast Colleges, Inc.) who is being sued for sexual harassment and not the plaintiff.  Apparently this case is going to trial in June of this year.

Here are some excerpts from a message board (linked above) that will give you a little bit of insight on Neil’s other client:

“I will make this brief I have emails that will rock your world. You have my support. There are several employees that quit who kept info and students who had access to important files and info that were destroyed but were copied first. I also know some connections and pay offs that were done in private.” -ICC Employee    

“I am dealing with ICC right now as we speak. Myself and countless others in the roseville and Sacramento area are feeling the negative affects this school has on majority of its students. Setting up a class action law suit!! We got left with a half ass education, no job, and major debt. Intercoast college should not be able to sign up another single person.” -Sacramento ICC Student

“As a former staff member (instructor) for Intercoast college, it is my opinion that ICC is a complete ripoff. (I am not a disgruntled/fired employee) I also know a few very good employees who also left after they caught wind of what was going on.  I cannot go into detail, but believe me when I say stay as far away from this school as possible.” – Former ICC Teacher

I am also told that Neil Evans has called former staff members at the school and has threatened them with lawsuits if they speak the truth about what is going on at Intercoast Colleges.  The tipster that emailed me is setting up a Blogger site for Intercoast Colleges with the help of a few other former employees and students that want to expose the “college” and speak the truth.

Sorry for deviating from the normal ESS discussion, but I found this information very interesting and it might be helpful knowledge for a future ESS class action lawsuit.  Scam artists and those that defend them are now PUT ON NOTICE!  You can’t silence the truth!

-ESS Investor   

More Stall Tactics

On May 4, 2011 the Judge in the Civil Case ordered Neil Evans to get local counsel within 14 days in accordance the local rules in the Northern District of Texas.  Thus, I was expecting Evans to file something by the 18^th (yesterday).  To add insult to injury, Mr. Evans filed a motion (“Extension Motion”) today (one day late) requesting a week extension to get local counsel.  In the Extension Motion Evans states, “I have diligently sought local counsel for the past several weeks.  However, several attorneys who I have previously contacted for this purpose have simply been, unexpectedly, non-responsive.”  This is too funny.  This feels like déjà vu from the Criminal Case days.  Dave and Tom tried everything under the sun to get multiple continuances of deadlines and trial dates.  Hopefully the Judge in the Civil Case doesn’t put up with this crap! 

The attorneys Evans has contacted in Texas probably do not want to get involved in helping convicted felons defraud more people.  Two of the four defendants were just found guilty of defrauding the Federal Government!  What attorney in their right mind would take this case without a HUGE retainer?!?!  Furthermore any attorney that looks at the facts of the Civil Case will tell you that the Defendants don’t stand a chance.  There is a mountain of evidence that proves they have been defrauding investors for almost thirty years with this snake oil scam.  The jury felt the same way about the Criminal Case.  For goodness sake, the Government had 43,000 pages of discovery on Dave and Tom! 

I will keep everyone posted on the Plaintiff’s and Judge’s response to the Extension Motion.    

-ESS Investor

ESS Clones

I received another tip from an ESS investor the other day, and I was extremely surprised at what he told me.  Below is an email that was recently sent to this investor by Dave:

“Subject: Re: ESS shares, Oh wow really????
To: [email redacted]
From: the1sage@ix.netcom.com [Dave Feuerborn’s Email]
Date: Thu, 14 Apr 2011 08:26:39 +0000

[name redacted],

Being that all the ESS Environmental and Environmental Soil Sciences share records are held off site at a transfer agent, I would not know if you invested in ESS Environmental at $1.00 per share or if you invested in Environmental Soil Sciences at $2.00 per share.

Now that you informed me that you invested in Environmental Soil Sciences, you would have received 5,000 shares for a $10,000.00 investment.

David

DF
Sent via handheld”

HUH???  So how many ESS companies actually exist?  Dave admits in the email above that he scammed investors in two different ESS companies.  Not only that, but he sold their stocks at different prices (supply and demand I guess).  I also find it odd that the records are held “off site at a transfer agent.”  What exactly is on site?  Who is the transfer agent? 

Also I guess he created another ESS company, because Freestone is suing a company called Environmental Services and Support, Inc.  What are the “rights” of all the various ESS clone companies?  Why the need for so many?  Why do they all make the acronym ESS???  Obviously these are rhetorical questions.  This was done to deceive investors so they didn’t really know what they were really investing in.  The U.S. Attorney already proved that Dave pulled the same con job on Eco Logic when he created a fake bank account with their corporate name so he could divert investor money into his own pocket.  

I’ve also received emails about Larry Shultz and his previous scams.  Apparently he jumps from one scam to another after he gets a big payday, and the investors are left holding the bag.  The chemical scam is only the latest in a long list of his scams that will be exposed shortly on this blog.  Thank you tipsters!  Your information is invaluable.  With your help we will stop these scam artist once and for all!  I hope orange is a good color on them. 

-ESS Investor

Plea to Government Agencies -- Please Stop This Scam

A couple of weeks ago I received two anonymous tips that told me David Feuerborn has begun to sell jewelry he purchased with ESS money.  One of these tipsters emailed me again and told me that David is continuing to liquidate assets in order to pay attorney’s fees, sustain his overpriced lifestyle and to continue the scam in a new corporation.

Why isn’t this money going to the Internal Revenue Service or ESS investors that were defrauded?  It doesn’t seem right that David should be able to use our investment money to defraud more innocent investors!  In his mind, and the mind of his accomplices (Larry Shultz and Tom Jennings), they know that if the money stops then the chemical scam gravy train will stop once and for all.  David has been conning investors since 1990 with this scam by claiming that his chemical is non-toxic and environmentally safe when it is actually a toxic, chlorinated, carcinogenic, non-proprietary chemical.  He has been conning investors for so long that he doesn’t know any other way to make money, and it has been a very lucrative con for him.  This scam has allowed him to purchase numerous exotic, custom-made cars, motorcycles, expensive jewelry, condominiums, earn a $15,000 a month (TAX FREE) salary, etc.     

When will this insanity stop?  When will the IRS seize Feuerborn’s and Jennings’ assets so they cannot use the money to continue this massive fraud on more investors!?!?!  I know that a long prison sentence will help stop this scam, but David and Tom have a month before they go to the Federal Penitentiary.  They also have a front man, Larry Shultz, continuing to defraud more investors for them while they are locked up.

Federal and State regulatory agencies--please hear our plea and help put an end to this investment scam once and for all!

-ESS Investor       

Ordered to Get Local Counsel

It would seem that Dave Feuerborn, Tom Jennings and Larry Shultz have been playing fast and loose with the Northern District of Texas’ local civil rules.  Their attorney, Neil Evans, did not get local counsel as required per these rules, and the Judge denied a request by Mr. Evans to proceed without local counsel.  Specifically the Judge stated, “[p]ursuant to Local Rule 83.10(a), local counsel is required in all cases where an attorney appearing in a case does not reside or maintain an office in the Northern District of Texas. See L.R. 83.10(a). An attorney who desires to proceed without local counsel must obtain leave from the Court. Id. In this case, Neil C. Evans, attorney for Defendants, does not reside or maintain an office in the Northern District of Texas. The Court sees no compelling reason to Defendants of this Court’s local counsel requirement, especially for an attorney whose principal place of business is in California. Moreover, Mr. Evans’ request for a multi-week extension of a necessarily time sensitive preliminary injunction hearing weighs heavily in favor of requiring local counsel. 

Accordingly, Mr. Evans’ Motion to Proceed without Local Counsel is hereby DENIED. It is therefore ORDERED that Mr. Evans file written designation of local counsel on the docket within 14 days of this Order, on or before May 18, 2011, pursuant to Local Rule 83.10(a). Local counsel ‘means a member of the bar of this court who resides or maintains an office within 50 miles of the division in which the case is pending.’ See L.R. 83.10(a)” (Case 3:10-cv-01349-O; Page ID 804 and 805).

Now David, Tom and Larry will use ESS investor’s money to pay for another attorney in order to protect and defend the same fraudulent activity that they perpetrated on all of the people that invested in ESS.  This doesn’t seem right.  I am told that David is liquidating multiple assets in order to pay attorneys.  David and Tom were recently found guilty of funneling almost 4 million dollars of investor money to buy the luxury items they are now liquidating.    

David Feuerborn claims that he is an honest, God fearing man.  If this were true then he would liquidate the items that the U.S. Attorney’s office proved he purchased with our money (exotic cars, jewelry, ATVs, condos, motorcycles, etc.), and use the money to refund ESS investors that no longer want to be a part of his “business.”  Instead he is using the money to cover up, and continue his fraud even though he is facing a long prison term for tax evasion and defrauding the U.S. Government.  Heck, if David started repaying investors with money derived from the sale of his assets he might be able to get some leniency from Judge Otero.  Instead he is using the money to pay multiple attorneys to protect his fraudulent dealings. 

Do what is right and refund ESS investors!  We will all answer to a higher power one day Mr. Feuerborn, Mr. Jennings and Mr. Shultz.  I wonder what he will think of your self-centered greed and gluttony when that day comes. 

-ESS Investor                       

The Insanity Continues...Again

We have some new movement in the Civil Case.  David Feuerborn, Thomas Jennings, Environmental Services and Support, Inc., and Larry Shultz finally responded to the lawsuit filed in July of last year.  It’s about damn time!  It looks like they used up all their stall tactics.  

As assumed, they deny most of the claims and allegations made by Freestone.  Here are some highlights:

Neil Evans (attorney representing the Defendants) denies that jurisdiction is proper in the Northern District of Texas.  I find this amusing because Judge O’Connor has already ruled that jurisdiction is proper in Texas!  He is basically telling a Federal Judge that he is wrong.  Neil attempted the same rhetoric in the Criminal Case against Judge Otero.  I don’t think Federal Judges take too kindly to this type of flippancy.    

My favorite part of the Response occurs where Evans states that the, “[d]efendants admit that a Cease and Refrain Order was issued by the California Department of Corporations, on or about November 9, 2006, and that the document speaks for itself, and the Defendants otherwise deny the remaining allegations of paragraph 4.15 to the extent they do not accurately restate the provisions of the Cease and Refrain Order itself.”  I find this last sentence extremely amusing because Freestone copied, verbatim, the language of the Desist and Refrain Order in paragraph 4.15 of their Complaint!!!!  So basically Evans is claiming that copying the exact language from the Desist and Refrain Order does not constitute accurately restating it?!  What a joke!  http://www.corp.ca.gov/ENF/pdf/2006/ess.pdf

Evans also states that there were no omissions made by the Defendants prior to the contract.  So, Mr. Evans, you are trying to tell me that Feuerborn, Jennings, ESSI, and Shutz told Freestone that they had been shut down by the SCAQMD because chlorinated carcinogens were spewing from their machine in 2007?  You are also telling me that the Defendants disclosed lab reports issued by the SCAQMD and Louisiana that also verify that chlorinated, non-proprietary chemicals are in the solvent?  You are telling me that the Defendants gave a copy of the Desist and Refrain Order to Freestone?  If they left out any of the items listed above then they omitted material information to fraudulently induce Freestone into signing a contract.

-ESS Investor