Wednesday, April 25, 2007

Trial Changes (04-16-07)

On the 16th we were told that Bill Julian was to be extradited on the 20th and would be appearing on the 24th before Alsup. If he gets a lawyer trial is delayed 8 months automatically. If he joins us August would likely be realistic. We have our suspicions here but life will let us know. This is not a bad thing and we think Bill will be very beneficial. Even Dewey and Farrel have played their positive roles. I know many of you hate these delays and think this trial is a crock but there’s a better plan afoot. Judge Alsup made it clear in the civil case that he was not going to set aside his presumptions. That was a dead end and a tactical disadvantage. Also a brilliant scouting report. Most of you know I dared the feds to bring criminal charges. The reason being that under this forum Mr. Alsup’s presumptions could be exposed for pure windbag opinion. Now all who have fear of this machine justify it by their cheating and corruptions. What if one was so trained for this beast and willing to suffer that he could covert all this into a tactical advantage? Could he have fear? In two years Mr. Keller and the new sidekick fraud specialist Ms. Dimke have done no homework and settled comfortably on Mr. Alsup’s gas. You on the blog can’t find any hope in your absence of details, exposure and education but those who are experienced daily with this beast keep discovering more pockets of hope. You forget I spent 7 months in a trial setting on a very relevant subject matter watching every move. I saw a losing effort put on by lawyers. I measured every cheat, every nuance, twist and turn. I’m not going down a road I’ve never been before. Combat vets don’t have the same fears as a newscaster reporting on them. A guy acquainted with shooting a camera is not the one you want guarding your back. Someday soon you’ll be glad you didn’t have any of the selfish idiots on this blog guarding your rights, title and interest. I love the current layout of the battlefield and like the character in apocalypse now “I love the smell of napalm in the morning.”

18 comments:

GYHOOYA said...

It will be what it will be, but never play the tune in the courtroom of the ever twisting legal way. So never "Let it be" and through your hour of darkness, if mother mary should come to you. Then and only then should you let it be"

Hey words to live by and just wanted to be first to postso you got what you got. The song was going through my head at the time sue me already. LOL

Hey it could have been worse I could've had something out of the Ozzy Ozborne collection there.

GYHOOYA said...

This site is haveing major melt down or it my computer. Because it first was apain to get reg. to post again , then it would'nt accept my Blog name so I had to do another ,then it took that under the misspelled e-mail.
The now it in posting that name with all lower case when it reads on the post area on the bottom here all in cap's as I set it up.
All that aand when I move the mice to fast it put line's across the screen.

I don't know could it be me or is it other forces at work about to try a different way of shuting down the flow of info to try and get everone to disband. You never know now do you.
Oh and for all of you that want to come back with I must be thinking crazy .. What ever!
I mean for sure there is something going on and if you want to believe that the dear old Gov't is above the use of these kinda things to get their way with cases or anything that they can't do through regular channels and by the law you mustbe like what 12 year old or 90 years because that kinda shit goes on all of the time in the plays they make.

They don't care if they sen doing it they will just brush it off and soon everyone will forget about it. As in just a few seconds they will forget with the way things are to day were lucky people remember hpw to tie their shoes .

That reminds me how is all of that rebuilding and help going over there in New Orleans?

just can't seem to find much in ythe way of news poping up anywhere round here.

You know the worst disaster or largest it's a toss up between that and the WTC both being not good at all .

But we still here thing about the WTC good and bad but we hear. with the New O there is one great big Hush Hush with the new biggies and it is so easy to see that must have sent the goon squad to tell them to keep it out of their reports if they don't want to end up like old Dan Rathers did . Now if that was'nt just a big dirty trick of a power play I don't know what is .

Even when you do a search there isn't much in the way of bad mouthing and all of Jr. bush . The again you hav'nt heard or seen anything about give him shit in the news or comics like you do and have with other that heal that set and office now have you ..

Can you say a little sensitive about being joked about or bad mouth for doing things like


Sitting on your ass down on thge ranch well people are being killed in the street in New O for three day's in till he had to do something and that was you may ask ?

well he got in that great big 747 and told the pilot to do a low fly by so he could take a look an the way back to the whitehouse. I wonder what a spec of corn looks like from 30 thou. ft. and if you can really tell what it is ?

A fly by in a 747 to take a look the least he could of done was get the heli out.

I hate to say this but I bet he was sitting there on theranck making so derougatory remarks about the people of New Orleans and I hate even more to think that a prick like that has been in charge of this country and been sseen as some example of who and what this country are and for what we stand .

Funny how you can win 2nd term when over 75 % of the country don't like you and what your doing. isn't it?

Oh sure the Feds won't use anything underhanded to get their way in the dorean case oh.... no....that and that would be because why.....?

GYHOOYA said...

hey where is all the mouths at around here that were talking big about how things were going to be looking bad for the guys come march and them april for sure ?

where you at now

Oh and by the way just want to ask something one more time being how no one ever answer the questions any way

Why and how do you stop a defendets right to a speedy trial whenthey have not waived it (Alsup own words were he was stopping the clock on that do to waiting to get Julian back here and because he was a defendent on the docket of the two guythat have been locked up for over two years now with no bail ..

How is that legal again and now it looks as if there wereno formal charges llinking the tow in this so how do you just over look the right of someone like that with seeing how it is wrong and unjust?

Alsup is a bad judge and he is with every move showing to be so one sided in this I would think all of the other judges that were helping hi at the start are now staring to back a way and won't be so helpfull from now on . watch ists going to get ugly before it gets better tbut the feds will try anything to be righty and get there bully way in something .

Work for them most times so why would'nt they do it?
but not now I would'nt throw those lotto paperss away just yet,

sop1 said...

LOLOLOLOLO!!!!!!!!!!!!!!!!



UN reports that IRAQ (babylon) is suffering from a "breakdown in law and order"

----------------------------------


really??? wonder whre they got that from??? they must of read it somewhere.

wasnt it written somewhere that "...the mystery of lawlessness doth already at work."


iraq/babylon represtnets world govt. and the goal of world govt. is total lawlessness and disorder

the new world dis-order will spread globally. that was wdritten somewhtere too.


for those that beleive in them, hope you got you guns ready, because lik the wild wild west, you will become the law as there will be no law to protect you when lawlessness is exported globally.

take you DG money and go buy an island somewhere.

sop1 said...

and if goggle thiks that they can keep sop out by cahnging the password so it doesnt work, then sop will just crate a new user id everyday if have to.....

you aint keppin me out!

sop1
sop2
sop3
sop4
....
sop98
....
sop1576
sop1294875209487509284750987498....


get the point?????????????

habakkuk said...

Kick some Google butt SOP!! Lol!!

Yetter said...

"Smells like victory" God's speed gentlemen.

justice7777777 said...

Yep, google is part of the conspiracy against the duo as well.

I guess the next party to conspire against the duo would be.......ummm

Chuck E. Cheese pizza?

mogel said...

Funny, how Judge Alsup put into the court record that the other Defendants coming into the judicial process WOULDN'T delay the trial, but in fact it will. More egg on Judge Alsup's face it appears or more napalm in the air. Not surprising at all that the trial won't start until 2008, assuming it officially starts at all of course. Also interesting how you can imprison someone without bond solely based upon bogus charges for almost 3 years and that's somehow OK.

Bill got a lawyer for his Civil affairs when defending his home, I suspect it will be no different for the criminal trial choosing to have an attorney also. Also funny why an attorney would need 8 months to prepare a defense for a new Defendant just coming in when all Defendants had all this time to prepare all along and get an attorney up to speed anyway. Is the extra time SOLELY for the Defendants benefit, so they can have no excuse whatsoever of having enough time to prepare a defense, or is it just further proof that a full blown trial from beginning to end was never in the cards. More delays has been the norm, & will continue to be the norm.

Yea, where are all the naysayers that said it would be over soon because the trial was about to start? Also funny how some have said the trial would only last 4 weeks as if you can include everything that needs to be brought out in evidence in just 4 weeks of trial time.

mogel said...

Arguments the Prosecution wants to supress in Court & not even give Defendants the ability to even discuss when the Judge signs an order to exclude these arguments:

1. The District Court does NOT have jurisdiction over this matter.

2. The Uniform Commercial Code governs this criminal action.

3. Contract Law governs this criminal action.

4. That no enforceable debt accrues from a lender that funds a loan through wire transfers rather than hard cash (the vapor money theory).

If Judge Alsup signs this motion by the prosecution, you then have appealable issues to any judgment, or you have justifications to show the bias & lack of jurisdiction that Judge Alsup has presupposed because he in effect limits the defenses of the Defendants. If this order is signed, you have even more evidence that the Judge & Prosecution will do anything to cheat to win.

If Judge Alsup doesn't sign this motion, then the prosecution will lose if it goes to trial because fraud can't be proven in a fair forum. That's why the stupidest thing the prosecution could ever do would be to bring criminal charges.

The District Court doesn't have jurisdiction over these matters because the issues are a "settled matter": "res ajudicata" is the legal terminology. There is a paper trail to prove this. Courts are only there to settle disputes. The banks silence to the Dorean presentment is tantamount to a new agreement and remedy & becomes a settled matter. The Court is presupposing jurisdiction it never had & the Defendants have never given the Court jurisdiction. The Court in effect is forcing jurisdiction illegally.

The Uniform Commercial Codes govern all commerce & affairs. As a matter of fact, all States have adopted the uniform commercial code and now the Judge has to decide if those laws are relevant or not. Such an opinion by Judge Alsup is irrelevant anyway, because in effect by granting the prosecution motion, he will be throwing out all laws accepted by all States. Good luck with that Mr. Alsup. More napalm in your face. Get use to the smell; it becomes you.

If the Dorean Process followed the UCC, then no fraud can be maintained or proven. How ironic & hypocritical for any court to throw out any laws that are passed as if this is somehow righteous to do & regard some laws & disregard others. Is that how the judiciary is suppose to operate?

How interesting to say that contract law has nothing to do with the alleged banks damages when the origination of everything was supposedly a contract that took place between lender & client. Now the Court is thinking about negating the origination of how all of the problems came to being as if contract law is now totally irrelevant.

The Court also wants to perpetuate the lie that banks don't create money, but in fact lend money by taking a financial risk themselves & that previous court precedences hold up this conclusion. So by an order being signed, one can't even bring up all of the "Federal Reserve Publications" who show that the presumptions of Judge Alsup are incorrect. Isn't the Federal Reserve in the business of lending and banking and if anyone would know & be an expert witness on how this process operates, wouldn't it be them instead of an attorney or court? Isn't that question a "no brainer"?


Judge Alsup will in effect not allow expert testimony in the Court which in & of itself will cause him to lose subject matter jurisdiction anyway & such an action by him becomes an appealable issue to negate any eventual judgment by the court anyway.

How hypocritical of the Court to say that they are interested in determining or proving the intent of the Principals when they want to take away all evidence of this intent to define their actions. The Court says that the Defendants intended to defraud banks, but the court is suggesting that they don't want to listen to the background that defined the intent & actions of the Defendants and the evidence they relied on that governed their actions. How can there be mitigating circumstances when no one is listening?

Bottom line, it doesn't matter how Judge Alsup decides on with this motion before him because he will shoot himself in the foot no matter how he rules.

Maybe postponing the trial becomes more appealing in light of all the issues that must be faced.

After all, if you ignore something long enough, it will eventually go away or if you pressure people hard enough they will falter & give up, isn't that right Judge Alsup? Isn't that your hope?

mogel said...

I also wonder if Docket Entry #229,
#230, #23l, #232, #246 (Limited disclosure of sealed pleadings) has anyting to do with the recent court delays of the trial starting?

Judge Alsup: When will the following request be answered:

"that the Debtors place a bond with the court to obtain the release of the Secured party(ies) & inform the court of their indemnification by Debtors. Furthermore this trespass upon a private contract to which THEY ARE NOT A PARTY is evidence of a hostile assertion of legal counsel upon secured parties."

So how can the court assert that the Defendant/Principals are not represented by counsel when in effect these actions say otherwise? So you want to supress in the trial that the Defendant/Principals CAN'T say they are represented by counsel? Doesn't that make you a liar if you grant the prosecution's motion before the court? Are you so stupid you don't see the logic there?

Judge Alsup, are you ever going to answer these question in court too? Or is that something else you prefer to ignore & keep the napalm on your face?

mogel said...

Among Letterman's top 10 list of Stupid Things to Say or Believe as Being Fair or Just:

1. "The Uniform Commerical Code and contract law are wholly inapplicable to federal criminal statutues."

2. "Defendants should be precluded from invading the province of the Court by instructing the Jury regarding the law."

3. "Defendants should not be allowed to quote or display portions of the law to the jury, as doing so amounts to legal instruction."

4. "Jurisdiction is not a matter for the jury's determination."

5. "The Court has the jurisdiction & authority to try the Defendants, and the Court should not consider any argument or statement to the contrary."

6. "The Defendants are charged with violation of 4 criminal statutes: Title 18 United States Code Section 1349, 1341, 1344, and 401. This criminal case is governed by those statutes. The UCC contract common law, or the Administrative Procedure Act, have no bearing on this criminal prosecution."

7. "The Government respectfully requests that this Court: (1) order the Defendants at the outset of trial not to argue their legal interpretations to the jury; (2) not admit such argumentative materials into evidence, (3) before the Defendants mention or quote from materials upon which they allegedly relied, place the Defendants outside the presence of the jury, in order to show actual reliance upon the material, and (4) give the jury appropriate curative instructions if the Defendants make inaccurate statements or interpretations of law."

8. "The government requests that the Court exercise its discretion & conduct the ENTIRE EXAMINATION of the potential jurrors because to date, defendants Heineman & Johnson have repeatedly demonstrated an inability or refusal to abide by rules of procedure and courtroom protocol."

9. "The prosecution moves the Court to: (1) instruct the jury at the outset of trial that the defendant's waived their Sixth Amendment right to counsel; (2) instruct the defendants prior to trial that they cannot state or infer to the jury that they are represented by any counsel, including Mr. Kubitz, and (3) give the jury a curative instruction in the event the defendants assert they are represented by counsel."

10. "The clients were also informed that if they encountered legal obstacles to the program, the Dorean Group would provide legal assistance to them. These representations were false."

mogel said...

Mr. Kubitz: Have you done your job yet? After all, you are holding Kurt & Scott are you not without bail & without any valid reasons? You did interfere in their legal defense did you not, by taking away privileges & their ability to procure the best defense possible BY CONTROLLING THEIR MAILS, THEIR ABILITY TO COMMUNICATE, THEIR ABILITY TO USE LEGAL SOURCES & THE LIBRARY (simple constitutional freedoms), which is tantamount by your actions of interference that you are their legal counsel, since you must know what's best for them through your control. Since you by your actions demand to be their agent, you must have access to this information that was the legal basis to hold them, so where is the evidence?
It's your job to provide evidence when demanded to the following or you face criminal liability too:

(1) Any and all documents...that contain the testimony of any witness or party that professes that the defendants have liability to 18 U.S.C. 1341, 1344, 1349, 401(3) 981 (a) (1) (c) and 28 U.S.C. 2461 under oath

(2) any and all documents that establish as fact on their face that the defendants have direct liablity to statutes 18 U.S.C. 1341, 1344, 1349, 401 (3) 981 (a) (1) (c), and 28 U.S.C. 2461 and

(3) any and all documents used to verify the liability that led to the issue or probable cause, seizure warrants, indictments, the subsequent detainer warrants, and the current no bail incarceration.

The Nuremburg trial showed to the world if you are complicit in criminal acts, YOU ARE NOT IMMUNE, JUST BECAUSE YOU WERE FOLLOWING ORDERS, AND THAT IT'S ONLY A MATTER OF TIME YOU WILL BE PUNISHED TOO. Wouldn't want to be you!!!!!!!!!!!!!!!!!!!!!

mogel said...

Mr. Keller: Where's the following information demanded? Do you also plan to follow the rules of discovery too?

"The Defendants drafted two subpoenas addressed to the United States, "a defacto corporation" a number of federal judges, the Clerk of the Court and the Grand Jury Foreman for certain discovery including: (1) The Surety Bond of All Officers of the Court.." and (2) The name and location of the Office and Official that holds Article 1, Section 10, Clause 1, Specie (gold & silver) backing the Surety bond."

Mr. Keller, what is your answer to the "Criminal complaint/Indictment" charging you with conspiracy to violate 18 U.S.C. 1343, 1005, 4 and 2, 1341 by Eumi Choi, and Kevin Ryan, CR-5-90261 MISC (RS) (June 2, 2005).

Bullies are not immune. Get use to more pressure coming your way.

mogel said...

Is the Court the friend to Dorean clients? Let's see by looking at the Court record:

"The government intends to offer testimony from the clients regarding the statements made to them by the brokers and agents, and testmony from the assistants regarding statements made by the brokers to prove the existrence and operation of the scheme and AS CO-CONSPIRATOR statements."

"A victims testimony regarding the representations made to induce them to participate in a program or to otherwise part with their funds IS NOT OFFERED FOR IT'S TRUTHFULNESS,(LOL), but rather to establish that the statement was made and to prove the existence of a scheme to defraud."

"The statements made by the brokers and agents to the clients and the statements made from the brokers to their assistants are admissible as co-conspirator statements made in FURTHERANCE OF THE CONSPIRACY."

"FURTHERMORE, TESTIMONY REGARDING SALES PRESENTATION IS ALSO ADMISSIBLE AS CO-CONSPIRATOR STATEMENT." United States v. Lothian, 976 F.2d 1257, 1262 (9th Cir. 1992)

If any clients decide to testify, without complete immunity in writing, don't be assured you won't also become a co-conspirator & have false charges too lodged against you later too or have the prosecution bully you into saying things you wouldn't normally say without external threats or pressure.

The prosecution wants to discredit the Dorean Process & the Dorean Principals at all costs, even if they have to do unconscionable actions & they don't care who they hurt or bring into this.

Remember if this process is proven to be a scam, you as a client are automatically a co-conspirator which can carry fines & a jail sentence. What if the prosecution decides to throw the net out further to bring charges against more people? When you think how stupid the prosecution is to bring fraud charges in the first place, one must conclude that their stupidity has no bounds.

Course as a client you never believed this process to be a scam & I believe most probably still don't believe this, otherwise, you never would have gotten involved in the first place right?

Don't let anyone bully you or do or say something you normally wouldn't say without duress.

If Dorean loses, all the clients lose too. Not that I believe that will happen.

mogel said...

Mr. Kubitz: I wouldn't be surprised if the Dorean Group ends up owning your jail facility by recording a grant deed to it through agency by estoppel, just like they ended up owning the building they were renting in Union City, CA due to the bad behaviour & mistakes & damages of the landlord, the Hanover Group.

After all, didn't you agree to offer the jail facility up as security to justify your activities of holding the Duo & once your illegal activities are proven unlawful, than as an agent of the facility you already agreed to offer that asset up as security that can be forfeited to them. An agents estoppel and actions is accepted as a binding contract, which contract has certain remedies.

As owners of the jail facility, maybe the Principals can legally evict you out of their life, or use their landlordship as a bargaining chip in the very least. Sounds good in theory.

In the very least the legal issues pertaining to the Union City office probably aren't even settled by the Courts at this point in time, so at least of record, the Dorean Group still owns that building worth about 12 Milion they were formally renting. If those issues were overtuned somehow, we would have heard something about it by now, wouldn't you think?

notorial dissent said...

Ah Moogs same old drivel, still dumber'n a post, and still wrong.

The District Court DOES have jurisdiction here, they are being charged with FEDERAL CHARGES, and that is where Federal charges are tried.

The UCC has no place here, it pertains only to carrying out business transactions, NOT Real Estate, and does not apply to criminal actions.

Contract Law DOES NOT apply here, this is a matter of Criminal Fraud, and the fraud statutes apply, this is not a civil matter.

The so called Vapor Money theory has been ruled exactly that, vapor, and is not valid for a defense as it too is a fraud.

Dim an dimmer are being charged with Federal Criminal Fraud charges, and that is what they will have to answer to and defend against.

The UCC does not cover fraud, and in any event is a state law, not Federal, and has no place in Federal court.

Fraud is fraud Mooney, no matter how you dress it up, and pretending to follow the UCC does not make it any less a fraud.

This is a criminal matter Moogs, so all the pseudo UCC garbage in the world is not going to change that, and is basically just so much more of your gas.

You must be bored or desperate Moogs, I think you have trotted every bit of drivel and nonsense you could find, and all of it irrelevant, silliness, having nothing to do with either reality or the charges that have been filed. I keep forgetting just how silly you can be.

notorial dissent said...

Moogie, I don’t know what you have been sniffing, but you really should give it up and quick.

What in even your deepest of dim states would lead you to believe that Kubitz has any responsibility to dim and dimmer. He is a Federal Employee, and is not a lawyer. As a Federal Employee he is prohibited from working for anyone else, and not being a lawyer, he is prohibited from acting as counsel or representation of anyone. His only responsibility is to carry out his duties as a Federal officer.

Where in even your wildest delusions do you come to think that Kubitz has any kind of legal title to the Federal Prison facilities?? Again stupid even for you.

As to the Union City property, the only thing dim and dimmer got out of that was evicted. You really are grasping at imaginary straws.