ATM LEASEBACK SCHEMES-- any insight?

[JamesVincent]

But if there has been a tentative agreement on a plea-bargain deal, then Joel may feel that he can act out as much as he wants since he already knows what is in store for him.

You think we should tell him that the Judge is not obligated to allow the plea? Nahh, more fun this way.

[Lost Income]

Tuesday's Court Appearance - I just spoke on the phone to the SEC and to the Receiver, and neither will admit knowing anything about this court appearance, nor has the Receiver's site been updated since 12/16 about this court appearance or anything else. So for some reason, there is bullshit here on one side of the fence or the other. Proof anyone????

[wserra]

Sure. There were apparently two hearings on Tuesday, January 13. The docket entry for the first:

01/13/2015 43 MINUTES OF STATUS CONFERENCE RE HEARING RE CHANGE OF PLEA: Status Conference re Change of Plea held before Judge S. James Otero as to Defendant Joel Barry Gillis, Edward Wishner. The Court advises the defendants of certain constitutional rights. Defendants acknowledge that they have discussed these rights with their counsel and that they freely, voluntarily and expressly waives these rights. Counsel joins in the waivers. The Court finds that the defendants are in full possession of their faculties. Court advises the defendant of the loss of certain civil rights with the entry of a guilty plea.Defendants indicates that no promises have been made in exchange for a plea of guilty. Defendants will enter guilty pleas freely and voluntarily. Government counsel places evidence of facts and the offer of proof of this case on the record. Defendants acknowledge facts to be true and correct. The matter stands in recess. Court Reporter: Debbie Hino-Spaan. (shb) (Entered: 01/15/2015)

The docket entry for the second:

01/13/2015 44 MINUTES OF HEARING RE CHANGE OF PLEA: Change of Plea Hearing held before Judge S. James Otero as to Defendant Edward Wishner. Defendant, Joel Barry Gillis is not present due to a medical emergency. Defense counsel, James W. Spertus is excused. The Court proceeds with the change of plea hearing as to defendantEdward Wishner. Defendant sworn. Court questions defendant regarding the plea. The Defendant Edward Wishner (2) pleads GUILTY to Count 1,2-3,4. The plea is accepted. The Court ORDERS the preparation of a Presentence Report. Sentencing set for March 30, 2015 at 09:00 AM before Judge S. James Otero. Governments position papers shall be filed by March 16, 2015. Defendants position paper shall be filed by March 23, 2015. The Court vacates the trial date as to defendant Edward Wishner. Upon the request of defense counsel, Reuven Cohen the Court modifies the defendants Joel Gillis and Edward Wishners bail conditions to permit travel to the Southern District of California for the purpose of conferring with the receiver assigned to this case. Court Reporter: Debbie Hino-Spaan. (shb) (Entered: 01/15/2015)

So apparently both Wishner and Gillis told the Court they intended to plead guilty, but only Wishner actually did so. Sentencing date set for Wishner, no date set for Gillis.

The only question is the type of "medical emergency" that prevented Gillis from entering his plea.

[Lost Income]

Any legal paperwork that can verify this, and Joel & Ed in jail? Why does the SEC & Receiver not acknowledge knowing anything about these events, nor does the Receiver's Web Site state anything about these events?

[wserra]

Note to the mods who have been following this thread more closely than I have: a thread with 1500 posts isn't anywhere nearly as much use as ten 150-post threads with some organization. Anybody want to take a shot at it?

[wserra]

Any legal paperwork that can verify this,

Yes. You just read it. Those are the docket entries.

and Joel & Ed in jail?

They are not in jail, and have not been.

Why does the SEC & Receiver not acknowledge knowing anything about these events, nor does the Receiver's Web Site state anything about these events?

I don't know. You'd have to ask them. Perhaps the events of the criminal case are not particularly relevant to their roles.

[Lost Income]

Sorry, but this is not a verification. Anyone can state anything here including the post that infers Joel & Ed were in jail. At this point, solid verifications are the only thing helpful to investors. There must be a reason why the SEC & Receiver are not acknowledging any of this.

[notorial dissent]

Lost Income, there has never been anything said or shown to indicate that the "boys" were ever in jail. The judge never seemed to think they were flight risks or anything else, although I'm sure they were on some kind of bond. The fact that they are cooperating with the SEC probably helped in that.

As to why the Receiver didn't know anything about the hearing, there is no reason he would, his job is to wind down the company not pursue criminal action, two entirely different legal actions, that is up to the SEC and whoever feels so inclined, and they would have no reason to keep them informed unless something came up that directly affected the receivership.

At this point there are two entirely separate dockets you need to keep an eye on, one civil, the other criminal, totally unrelated to each other, and I wouldn't be at all surprised if there won't be a third when the IRS decides to get interested.

[wserra]

Sorry, but this is not a verification.

It is to anyone who knows anything about the federal courts.

[webhick]

I've fallen behind on updating the blog. But I have a day off tomorrow (well, technically today since it's after midnight here), so I'll post documents and dockets there then.

[JamesVincent]

Any legal paperwork that can verify this, and Joel & Ed in jail? Why does the SEC & Receiver not acknowledge knowing anything about these events, nor does the Receiver's Web Site state anything about these events?

Not only what's been said, I severely doubt that anyone is going to say anything while an investigation is going on. Whatever is made public will be made public through the court docket. Right now the receiver is till going through the company and the criminal part is the SEC, along with any other jurisdiction that may be in the fray. Neither one is going to screw up and release info that could cause any heartache in court.

[Tednewsom]

The only question is the type of "medical emergency" that prevented Gillis from entering his plea.

A severe attack of transient cardio-vascular malingeritis.

[Gregg]

I would like to correct something said in several posts of the last few days about the criminal trial being within the SEC case, that is not true, the SEC charges are civil as the SEC does not have the authority to bring criminal charges. The Criminal case as filed by the FBI.

As someone else also said, since the instant hearings were criminal, and the actions of the receiver and the SEC are civil, neither was directly involved in these hearings and its not that surprising that they didn't know of the outcome right away. Not their party.

[wserra]

The only question is the type of "medical emergency" that prevented Gillis from entering his plea.

A severe attack of transient cardio-vascular malingeritis.

That is certainly in the differential.

[Lost Income]

So based on the comments above, unless investors have a means to regularly follow the legal system details due to disconnected civil, criminal, and IRS issues, would the SEC/Receiver Website still be the best place for investors to receive instructions for issues that affect them??

The e-mail below was circulated to some investors directly after Tuesdays Court Case. Can anyone comment about this "nationwideinvestor" e-mail address, or the FBI and Attorney General getting involved with investors as stated below??




From: Nationwide ATM <nationwideatminvestor@gmail.com>
Date: January 14, 2015 at 2:05:10 AM EST
To: undisclosed-recipients: ;
Subject: Summary of Events in Court Tuesday Jan 13, 2015
Dear Nationwide Investor:
Find below some details of the day in court today, January 13, 2015

The court room was filled with more than 30 victims and also the families of Mr. Gillis and Wishner. Sitting at the US Attorney’s bench were the two attorneys and the two FBI agents assigned to the case. Mr. Gillis and Mr. Wishner had their separate attorneys present.
Mr. Gillis and Mr. Wishner planned on pleading “straight up” or without any preconditions or promises of sentences.
The Judge assessed the competency of each defendant and their mental and general health status to be sure they were capable of making a decision. He made sure the defendants understood the documents, the proceedings and their rights.
Mr. Gillis testified he had 14 years of schooling, had taken medication for blood pressure, acid reflux and prostate and has not consumed mood altering medications or alcohol which would impair his judgment.
Similarly, Mr. Wishner had 16 years of school was on blood thinners but no medical conditions that impaired his ability to plead the case.
The Judge was very clear about what rights they would lose if they entered a guilty plea including and not limited to: they cannot confront future witness during the process, they may not object to evidence, they give up their right of self- incrimination, they give up a right to a trail by judge or jury, they may not bear arms, vote, and many other loss of rights and possible unforeseen collateral losses such as loss of professional license.
The judge clarified the 4 counts of mail fraud and wire transfer and indicated the maximum sentence was 80 years, a fine of $1,000,000 and the requirement to pay restitution. Also after the sentence they still would be required to be in a supervised release program. The judge was clear that no one can predict the sentence and that if the sentence was harsher than expected it would not be grounds to appeal.
After reading the entire 7 page document the judge was ready to ask the defendants if they accepted the claims. Mr. Gillis attorney objected to the statements that Mr. Gillis “was in charge” since it was not material to the plea of guilty but could be used in sentencing. The Judge rejected this concept and indicated they must accept the entire document and that every fact in the document would be used at sentencing.
After a dialogue, the US district attorney recommended that the wording be changed to state that Mr. Gillis and Ed Wishner were in charge. All parties agreed to the change in the document. The US Attorney also added that not only would the plea document be used but additional facts would be provided at the time of sentencing and that victims would have input at that time.
At this point before the pleas could be entered, Mr. Joel Gillis suddenly became ashen, collapsed and was reported to be unresponsive, without pulse, without respiration, totally unconscious. A physician in the room immediately resuscitated him with chest compression and his attorney provided mouth to mouth ventilation. An automatic defibrillator was applied, paramedics were called. While Mr. Gillis was partially recovering he was taken to LA County Hospital via paramedic ambulance.
Court resumed after a break and Mr. Wishner chose to enter his plea of guilty, although the Judge gave him the option to defer due to the collapse of Mr. Gillis.
Tentatively the sentencing hearing was scheduled for March 30th. However the timing of entering the plea of Mr. Gillis remains unclear and the Judge indicated that the March 30th date is not likely to hold. The Judge announced that two weeks before sentencing declarations were due from US Attorney and defendants.
Then Mr. Wishner attorney indicated they have requested a 6 month delay for the sentencing hearing so that Mr. Wishner (and presumable Mr. Gillis) could assistant the receiver since it was a complicated case. However, neither the Judge nor the US Attorney agreed to this request and indicated this issue which would be handled separately. Further Mr. Wishner attorney requested that they be allowed to travel to San Diego where the receiver was located. The Judge allowed this.
The Judge made it very clear that all victims will be given an opportunity to have input and some could appear at the hearing. Further the Judge referred to the victims in the room on several occasions and acknowledge their attendance and interests in the case and sentencing.
After the hearing The US Attorney team and the FBI indicated in discussions with victims that each victim will have an opportunity to send letters or speak with their victim specialist. They indicated their team are sharing information with the receiver. Further, letters and testimony pertinent to sentencing will be seriously considered by the Judge and would be welcomed. This process for victims will be formalized in the near future when the Attorney General and FBI send out their notices and set up their web site and other support efforts (details as outlined in the last email sent to you).
PLEASE DO NOT DISTRIBUTE THIS EMAIL.
IF YOU ARE AWARE OF OTHER INVESTORS PLEASE HAVE THEM CONTACT THIS EMAIL TO BE ADDED TO THE GROUP. Please do not distribute or email the names or contact information of other investors.
On behalf of Nationwide Investors Group.

[wserra]

So based on the comments above, unless investors have a means to regularly follow the legal system details due to disconnected civil, criminal, and IRS issues, would the SEC/Receiver Website still be the best place for investors to receive instructions for issues that affect them??

I would say yes.

The e-mail below was circulated to some investors directly after Tuesdays Court Case. Can anyone comment about this "nationwideinvestor" e-mail address, or the FBI and Attorney General getting involved with investors as stated below??

The information in that email is generally accurate. I have no way to know about the details, but the broad outline is consistent with the docket entries. The Department of Justice ("Attorney General") is the prosecutor, and I'm sure the FBI took part in the investigation.

A gmail (or yahoo, or hotmail) addy is always somewhat suspicious, but there is no way to say for sure without more info. I would leave it that there is simply no reason for any victim to contact anyone but the Receiver. There is always a good chance that anyone who wants you to contact him in these circumstances is running a piggyback scam.

[notorial dissent]

At this point, whatever happens with the criminal case is in the hand of DOJ and the judge. The victims will most likely be asked to provide their impact prior to actual sentencing, since that is generally how these things are handled, but as to when, it could still be a long way down the road, particularly depending on the now obvious health issues.

The Receiver is the one handling things the victims are most concerned with, and that again is not going to be an overnight process. In the usual course of events Receivers generally give either a quarterly or bi-yearly report to the court as to where things stand and if they need special help or guidance with something. A lot will depend on where things stand and how much more work they think they have to do, or more importantly can do. If they follow usual procedures, the victims should probably get at least quarterly updates, and an EOY report on status. As a rule, receivers want to get in and get out as quickly as possible since they have to justify their expenses to the court and if they don't they don't get paid.

[Lost Income]

Thanks, your comments make good sense. I suppose that if the FBI or anyone else wants investor/victim info, they will start by asking the Receiver whom has initially requested everyone's contact info.

[Judge Roy Bean]

So based on the comments above, unless investors have a means to regularly follow the legal system details due to disconnected civil, criminal, and IRS issues, would the SEC/Receiver Website still be the best place for investors to receive instructions for issues that affect them??
...

Sorry, but no.

For instructions on issues that affect them, their best resource is their own professional legal and tax-matters counsel. No one else represents their interests.

[Gregg]

Thanks, your comments make good sense. I suppose that if the FBI or anyone else wants investor/victim info, they will start by asking the Receiver whom has initially requested everyone's contact info.

As to the E-mail, there was a poster in this thread earlier "Nationwide Investor" who I believe was trying to organize some type of group and to me at least never gave a good explanation of his underlying motives, but behaved a bit suspiciously. If you go back to about page 20 or so you can read it for yourself. I will say that although you cannot see in the public viewable posts all of the behavior I mention, it was the subject of some discussion among the moderators of the forum and included some abuse of the PM system, attempts to advertise that were removed and continuance of same after more than one warning to stop. Coupled with the melodramatic "DO NOT DISTRIBUTE THIS E-MAIL" warning I would not be surprised that it was the same poster, nor would it shock me if there is something about him that isn't good for the average victim. But go read for yourself.