New Sentencing Date and Apparently Tom is Healthy

It looks like there is a tentative sentencing date set for August 1^st in Judge Otero’s Courtroom.  I will update everyone immediately if I hear that the date has changed again.  I know there are a few people that have expressed interest in attending the Hearing.   

I have also been informed that Tom is staying with his jeweler friend in Anaheim Hills and isn’t even in the hospital.  He recently renewed his contractor’s license and has a few jobs he is currently working on, which begs the question of how he is working if his medical issues (cellulitis) require “bed rest”?  I know some people that recently saw him and they said he looks like his usual self.  They also tell me he is once again boasting that he is working on a deal to get probation and no jail time.  The Assistant U.S. Attorney already debunked that lie in his Sentencing Memorandums.  It looks as if they are willing to do and say anything to avoid facing the music, and to save face with friends and family.  I hope the U.S. Attorney’s office investigates these medical claims, and uncover this stall tactic for what it is.  I don’t think it would make Judge Otero very happy, and it shows a repetition of the same pathological behavior that got them into trouble in the first place. 

Personally I think they should own up to the fact that they were caught and they are going to be punished for their crimes.  It’s time they turn over a new leaf and start telling the truth and making amends.    

-ESS Investor

Sentencing Update

It looks like the sentencing hearing did not occur on the 14^th as planned.  Tom Jennings filed an emergency motion stating that he developed a skin condition and could not attend the Hearing.  There is no new date set for the Hearing as of today.  As soon as I hear something I will update everyone.

Also, the Assistant U.S. Attorney filed a response to the Feuerborn and Jennings’ sentencing requests (that asked for home detention and community service or 6 months) and affirmed their position of 63 months for Feuerborn and 57 months for Jennings.  Hopefully the Honorable Judge Otero will side with the Assistant U.S. Attorney.  

-ESS Investor 

T Minus One Day and Counting

David Feuerborn and Thomas Jennings are scheduled to be sentenced tomorrow for their convictions relating to tax fraud and conspiracy.  I had a chance to do a detailed reading of Feuerborn’s Sentencing Recommendation, and I found some things that I thought I would share.  

Medical Ailments 

David Feuerborn is asking for pity on the court based on the following ailments he claims to have:

Vertigo

High Blood Pressure

Diabetes

Gout

Damaged Kidneys

Feuerborn’s sentencing position

1)    “A plan of Home Detention combined with a daily requirement of community service.”

This part is pretty entertaining: “Mr. Feuerborn has extensive skills in the toxic waste remediation areas and can volunteer his time to promote clean up of the environment.  Mr. Feuerborn would like to propose a comprehensive, several year plan of providing community service in this field subject to approval of the Probation Department” (Case 2:10-cr-00346-SJO; Page ID #2284).

You have got to be kidding me!  Mr. Feuerborn has been raising money from investors since the early 90’s for his “environmental remediation skills” without a penny to show for it except for this lavish spending of his investor’s money.  

2)    “To the extent that this Court feels that some form of incarceration is necessary, it is requested that any such incarceration be limited to a period of 6 months or less.”  

Feuerborn’s Sole Assets

On Page ID #2263 Feuerborn’s attorney claims that “[David Feuerborn] has been forced to liquidate all his assets to pay for the costs of defending himself in this matter.”  But previously on Page ID #2252 Feuerborn’s attorney claims that, “[David Feuerborn] only has his home in Palm Desert along with a few vehicles.”  These statements clearly contradict one another, and don’t even get me started on the “few vehicles” comment!  How many individuals do you know that have more than one car?  How many investors were forced to liquidate their homes, cars and other assets in order to make up for the money they lost in ESS?  To say that he still owns a “few cars” is a slap in the face to ESS investors that had to endure hardships because they lost their entire investment.  Maybe the IRS will obtain these cars and sell them at auction?  I would imagine they would do the same with the Palm Desert house.  We will see.

-ESS Investor 

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