DOREAN UDATE

[neodemes]

some of the motions are here toward the bottom:
http://www.rei-resource.com/rei-forum/v ... 2&start=75

Broken link.

Try this:

http://www.real-estate-investors-resour ... 2&start=75

[wserra]

Checking the granddaddy of the Dorean civil cases, United States v. Dorean and Dim Duo, 05-2730 (NDCA), for recent events: a lot of folks are moving to modify the injunction (against transferring any of the properties) so as to be able to reconvey from the Duo back to the original owners. Some are succeeding. Others - the more greedy ones who took out subsequent mortgages from unsuspecting lenders based on their having recorded false satisfactions - are (quite rightly) having more trouble. For example, from the Govt's opposition to such a motion from Timothy and Shelley Martin of Wilton, CA:

The government opposes the Request. By his own admission, Mr. Martin obtained a refinance loan, that is, a second loan secured by the property from an independent lender, as “a part of the [debt elimination] Plan.” See ¶ 6 of Timothy Martin Declaration In Support of Request to Modify Injunction (“Knighton Decl.”). The government’s investigation has revealed that, as part of the Defendants’ fraudulent “debt elimination” scheme, refinance loans were obtained by Dorean Group clients from independent, unsuspecting lenders based on the apparent unencumbered titles created by Defendants’ recording of false documents. See Declaration of Matthew Ernst In Support Of Motion for Temporary Restraining Order and Preliminary Injunction dated June 30, 2005 (“Ernst Decl.”) (attached hereto as Exhibit 1) at ¶¶ 12-21. Further, according to service agreements clients entered with Defendants, 50% of refinance loan proceeds were forwarded to the Dorean Group, while 10-25% went to the corresponding Dorean Group broker and 25-40% was retained by the Dorean Group client. See Ernst Decl. ¶ 20. The refinance loan was then intended to be eliminated in the same procedure applied by the Dorean Group to the initial loan. Id.
Based on the government’s investigation of the Dorean Group’s scheme, and Martin’s acknowledgment of a refinance loan after he assigned his title and interest to Defendants, the government is concerned that fraudulently obtained loan proceeds may have been commingled between Defendants, Dorean Group brokers, and Martin.

Their motion was denied.

I have little sympathy for the adults (if there are kids involved, I feel for them). The adults were greedy pigs who tried to get something for nothing.

[Judge Roy Bean]

I have little sympathy for the adults (if there are kids involved, I feel for them). The adults were greedy pigs who tried to get something for nothing.

Not to belabor the point, but it appears a fairly large number of the "victims" believed the process would bring an end to the mortgage system as-they-understood it, thus rescuing millions from the tyranny of "the banks."

Some even believed they had little or nothing to worry about because the lenders would be afraid to expose themselves.

Sadly, there are still promoters trying to convince people that there is salvation just around the corner. The scheme won't die because there will always be gullible fools and people to take advantage of them.

[Prof]

Meanwhile, in CA, the wheels of justice turn as slowly as the "Wheel of Time." Trial is now set for June 4. The Court refused to appoint standby counsel but did appoint "advisory counsel."

"Advisory Counsel's" terms state that he will "not represent in any way whatever either of the above named defendants ...; and that he "will not under any circumstances provide any substantive legal advice ...."

Other than advising on procedure and forms and the like, he is not touching this _____________.

For some reason, his pleading reminds me of an ancient "Cheech and Chong" routine that goes something like: "looks like __; smells like _________; tastes like ___________; must be ______________."

[notorial dissent]

Wouldn’t that be sort of like being “advisory captain” on the Titanic? You can’t steer, but you can tell the Captain not to hit the iceberg, and you for damn sure the sucker is going to the bottom just any time now?

What’s the word on them dropping some of the charges as being redundant, the bank fraud charges I heard?

[Prof]

The US has moved to drop some charges; the motion is awaiting response from the Dynamic Duo.

[notorial dissent]

Rumor has it that the brothers dim are going to contest them dropping some of the charges. Go figure.

I would suspect, that even with some dropped they are still going to end up with double life sentences at the very least. Yet, this is somehow a vindication of somekind.

[Funkalicious]

Is "advisory counsel" a widely used concept? What's the benefit either to the defendants or to the judicial process itself vice having standby counsel? If they're not to "provide any substantive legal advice" what do they do? Close their eyes and sigh, but not in too obvious a manner?

[Joey Smith]

The primary function of "standby counsel" is to question the defendant, so that they don't have to question themselves.

Presumably, standby counsel is also available should the defendant have a change of heart about self-representation and the judge should agree.

I think the rules allow, if not encourage, standby counsel to roll their eyes and quietly snicker as the defendant makes their own case.

[notorial dissent]

Like there is going to be an option in this case.

I feel sorry for the judge who is going to have to try and pretend like these idiots actually know what they are doing and are not presenting a standup comedy routine. I suspect keeping a straight face is going to be the least of their worries, I think a seat belt on the chairs might be of more value to keep those who have to be subjected to this from falling off their chairs laughing.

[Funkalicious]

Judge, thanks for the explanation of standby counsel. I hope I'm not sounding dense, but I'm really interested in how "standby counsel" differs from "advisory counsel." I assume that there really is a difference (at least in the court that the Dynamic Duo are in) since one was permitted and one was denied.

[Prof]

Just to update; the boys did object to the dismissal of some charges -- but I really cannot understandy why. Their objection did offer a new wrinkle, however. There was a 1 Cent postage stamp affixed over each signature. Explanations, anyone?

[Judge Roy Bean]

I think they're theory has always been that they'd have the opportunity to engage in all kinds of supposedly revealing questioning of witnesses from financial institutions.

Given their tenuous grasp of reality, the comedy may have been more than the prosecutors are willing to have anything to do with.

I've seen the stamp thing before but can't recall what they yahoo was trying to get across with it.

[Demosthenes]

04/24/2007 339 Proposed Order by USA as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, William Julian Excluding Time from April 24, 2007 to October 15, 2007 Under the Speedy Trial Act, 18 U.S.C. 3161 et seq. (Keller, James) (Filed on 4/24/2007) (Entered: 04/24/2007)

04/24/2007 342 Letter from Valerie Stewart as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon. (dt, COURT STAFF) (Filed on 4/24/2007) (Entered: 04/26/2007)

04/25/2007 341 ORDER CONTINUING TRIAL AND FINAL PRETRIAL CONFERENCE as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias. Signed by Judge William H. Alsup on 4/25/2007. (whalc2, COURT STAFF) (Filed on 4/25/2007) (Entered: 04/25/2007)

04/25/2007 Set/Reset Hearings as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias: Pretrial Conference set for 9/5/2007 08:00 AM. Jury Trial set for 10/15/2007 07:30 AM. (Entered: 04/26/2007)

04/26/2007 343 ORDER Appointing Advisory Counsel a nunc pro tunc date of 3/12/2007 as to Dale Scott Heineman, Kurt F. Johnson re 325 Order . Signed by Judge William H. Alsup on 4/24/07. (dt, COURT STAFF) (Filed on 4/26/2007) (Entered: 04/26/2007)

04/26/2007 344 ORDER EXCLUDING TIME from 4/24/2007 to 10/15/2007 as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias. Signed by Judge William H. Alsup on 4/25/2007. (whalc2, COURT STAFF) (Filed on 4/26/2007) (Entered: 04/26/2007)

04/27/2007 345 Minute Entry for proceedings held before Judge William H. Alsup :Status Conference as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias held on 4/27/2007. USMS shall arrange for dft Julian to see a doctor and look into transfer to Dublin. Time is excluded to 10/15/07. Dft Tobias self-surrendered today. Jury Trial set for 10/15/2007 07:30 AM. Pretrial Conference set for 9/5/2007 08:00 AM. Status Conference set for 5/18/2007 08:00 AM. (Court Reporter Debra Pas.) (dt, COURT STAFF) (Filed on 4/27/2007) (Entered: 04/27/2007)

345 docket entries so far, and trial is set for October? Yikes.

[Judge Roy Bean]

Assuming that the computers they now have access to don't have 'net connectivity and can only look up actual statute and case law, where will they find all those really cool cut-and-paste tid-bits of Van Peltian-style mythological nonsense?

Then again, Julian and Tobias are now in the mix.

This may generate the largest collection of legal blather ever.

[neodemes]

I've seen the stamp thing before but can't recall what they yahoo was trying to get across with it.

They think it invokes the magical power of international admiralty law via the Universal Postal Union (UPU):

"The UPU operates under the authority of treaties with every country in the world. It is, as it were, the overlord or overseer over the common interaction of all countries in international commerce. Every nation has a postal system, and also has reciprocal banking and commercial relationships, whereby all are within and under the UPU. The UPU is the number one military (international admiralty is also military) contract mover on the planet."

"Autographing a stamp not only establishes you as the postmaster of the contract but constitutes a cross-claim. Using the stamp process on documents presents your adversaries with a problem because their jurisdiction is subordinate to that of the UPU, which you have now invoked for your benefit. The result in practice of doing this is that whenever those who know what you are doing are recipients of your documents with autographed stamps they back off. If they do not, take the matter to the US Postmaster to deal with. If he will not provide you with your remedy, take the matter to the UPU for them to clean up."



For more gibberish on the subject see:

http://www.amerikarsha.info/accept+for+ ... ents-6.htm

[Demosthenes]

Recent additions to the docket:

05/15/2007 348 ORDER RE TRANSCRIPT AND DOCUMENT REQUEST as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias. Signed by Judge William H. Alsup on 5/15/2007. (whalc2, COURT STAFF) (Filed on 5/15/2007) (Entered: 05/15/2007)

05/15/2007 349 MOTION for Disclosure to Magistrate Judge Joseph C. Spero for Limited Disclosure of "Plea Agreements" and Settlement Conference Minutes by USA as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group. (Attachments: # 1 Exhibit Defendants' Application for Certain Transcript and Documents of the Record# 2 Exhibit Docket Sheet for CR 05-0611 WHA# 3 Exhibit Hon. William H. Alsup's Order)(Keller, James) (Filed on 5/15/2007) (Entered: 05/15/2007)

05/16/2007 351 Proposed Order re 349 MOTION for Disclosure by USA as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group re: Limited Disclosure of "Plea Agreements" and Settlement Conference Minutes to Defendants Heineman, Johnson, and Government Counsel Team (Keller, James) (Filed on 5/16/2007) (Entered: 05/16/2007)

05/17/2007 352 MOTION to Withdraw Document 349 MOTION for Disclosure (Limited) of Plea Agreements and Settlement Conference Minutes by USA as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group. (Keller, James) (Filed on 5/17/2007) (Entered: 05/17/2007)

05/18/2007 353 Minute Entry for proceedings held before Judge William H. Alsup :Further Status Conference as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon held on 5/18/2007. Dfts can request reconsideration of the order re transcripts. Gov't has provided dfts with requested documents. Dft Julian's request for a computer is denied. Further Status Conference set for 6/12/2007 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Court Reporter Joan Columbini.) (dt, COURT STAFF) (Filed on 5/18/2007) (Entered: 05/18/2007)

05/18/2007 354 NOTICE of Stipulations Offered to Plaintiff by Defense by Dale Scott Heineman, Kurt F. Johnson (vlk, COURT STAFF) (Filed on 5/18/2007) (Entered: 05/21/2007)

05/18/2007 355 Conditional Acceptance of Government's Motion in Limine by Dale Scott Heineman, Kurt F. Johnson (vlk, COURT STAFF) (Filed on 5/18/2007) (Entered: 05/21/2007)

05/24/2007 356 APPLICATION for use of a private investigator by order of the Court as to Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 5/24/2007) (Entered: 05/25/2007)

The most recent couple of filings:

http://www.cheatingfrenzy.com/heineman355.pdf
http://www.cheatingfrenzy.com/heineman356.pdf

[notorial dissent]

I see we're still going with the it's all a contract, private business dealing, UCC voodoo, you can't do anything to us defense.

I'm kind of surprised they accepted the one filing, it is almost illegible, I don't know which is worse the poor typing or the underlying gibberish.

What I want to know is why they think they need "Private Investigator" to determine what bank records they need to look at. I would suspect that would be more in the line of a CPA or some such, except that the last one they talked to laughed at them and told them they were full of it, they obviously didn't like the answer and want one that agrees with them.

I actually don't see the point, since what they are trying to drag in has nothing to do with the crimes they are actually charged with, but then they are living in their little fantasy world now anyway.

[Judge Roy Bean]

They're still in the "we didn't do anything illegal to the banks because the lender/banks were operating contrary to our legal theories" schema.

Under that delusion, they didn't break any laws.

[notorial dissent]

Under the delusion that they will somehow magically find something to prove their malarky true.