Dave and Tom Respond to the Government's Sentencing Recommendation

Earlier this week Thomas Jennings filed his response to the Government’s Sentencing Recommendation. (It was lengthy and it took some time to go through.)  Today I noticed David Feuerborn filed a similar response.  In fact, most of Feuerborn’s response is identical to Jennings’ response.  They both insist that they are good family men, valuable members of their communities, etc.  They also contend that the Government is greatly overstating the amount that they owe to the IRS.  Here are some excerpts from the Feuerborn’s response:

“Mr. Feuerborn has attended the same Church since 1968, the Camarillo Church of the Nazarene.  During the past 43 years at the Church of the Nazarene, Mr. Feuerborn has served on the Church Board, served as the Nazarene Youth President, and taught Sunday School for over 12 years” (Case 2:10-cr-00346-SJO; Page ID #2249).

“Mr. Feuerborn has worked in Mexico, South Korea, and the Philippines to assist in the detoxifying of water and soil to enable the local people to plant crops and irrigate with clean water” (Case 2:10-cr-00346-SJO; Page ID #2249).  

In response to that last excerpt, I hope he wasn’t using the toxic chemicals identified by Louisiana and California state agencies, because those chemicals cause cancer!  Hopefully those “crops” and “water” aren’t slowly killing the natives!

Here is an excerpt from both responses that I think most ESS investors will disagree with:

“After becoming involved with ESSI, Mr. Feuerborn worked many long hours on a full time basis to try and make the company a success.  While the Government has characterized ESSI as a sham operation designed and operated by Mr. Jennings and Mr. Feuerborn as a way to fleece investors, the Government did not charge either Mr. Jennings or Mr. Feuerborn with Investment Fraud, and there is no proof in this case, or findings by any other Court that Mr. Feuerborn has in fact defrauded any investors” (Case 2:10-cr-00346-SJO; Page ID #2250).  

Have any ESS investors received a return on their investment or profits?  I sure haven’t.  Apparently they have been raising money since the early 90’s for this “technology”.  Isn't 20 years enough time to commercialize the technology or give up and stop losing people's investements?  

This response is a clear indicator of the excuse they will use to continue the chemical scam after they are released from prison (or their third partner Larry Shultz will use while they are in prison).  They will tell potential investors that because the Government did not indict them for investment fraud that there is actually some value in this technology.  Will this ever end?  

Jennings’ response also indicated that he only has $2,000 to his name, and must use a shower at a gym.  Also his home was foreclosed on and his cars were repossessed.  It looks like any class action lawsuit to recapture our money is out of the question.  

 

Live and Learn...the hard way

-ESS Investor