Emergency Motion Filed in the Civil Case

Well readers, you won’t be surprised to discover that Neil Evans is using the same delay tactics that got him four continuances in the Criminal Case.  Let me begin by saying that I wish no ill will or disrespect towards Mr. Evan’s sick father-in-law, but this is becoming ridiculous.  He has been using the same excuses now for more than a year to get multiple delays in both the Criminal Case!  Now he is using these tactics to delay the depositions of all the Defendants in the Civil Case.  (In my opinion, he probably doesn’t want the Defendants deposed before they have their sentencing hearing.)     

Apparently my blog has hit a nerve!  In his Emergency Motion, Neil Evans makes the absurd claim that, “[the Plaintiff] published a damaging ‘blog’ regarding this case on an ‘[ESS] Investor Information Spot’ which is designed to attack and defame the Defendants and apparently, also myself and my unrelated clients” (Case 3:10-cv-01349-O; Page ID 962).  He thinks that I am associated with the company suing Dave and Tom!  Apparently Neil Evans doesn’t realize that federal court documents are available to the public!  I’m sorry that Mr. Evans thinks I am defaming him or his clients, but publishing the contents of federal documents filed by the U.S. Attorney’s Office and Freestone is not defamation.  I am merely providing a service to my fellow ESS investors that were scammed so they can keep track of the two ongoing cases against Dave and Tom.  Dave and Tom were convicted by a federal jury for conspiracy, tax fraud, and tax evasion.  I am merely posting relevant information on the investor scam that was unveiled during their Criminal Case.  The best defense against defamation is the truth Mr. Evans.  For the record, I am providing this service as an independent ESS investor that was defrauded by David’s and Tom’s snake oil scam just like more than 1,000 other investors in Louisiana, Oklahoma, Texas, California and other states.    

I am glad Mr. Evans took the opportunity to notify the Judge in the Civil Case of my Blog.  Hopefully he visits my blog and reads what the U.S. Attorney’s Office has to say about these guys, hear stories from ESS investors, read some fascinating polls and watch some interesting videos!    

Thanks again Mr. E, and despite my distain for your tactics I will keep your father-in-law in my prayers.

God Bless

-ESS Investor