Dorean's Dim Duo Planning Preemptive Plea?

[Dr. Caligari]

The prose on the blog attributed to Kirk Johnson is usually too turgid to decipher, but this latest post sounds like they are preparing their true-believer followers for a guilty plea:

Deal Day (July 30, 2007)

Well as we suspected we got the offer of a lifetime from their perspective. Actually it was refreshing and amusing to talk for the first time with a judge who didn't tell me "life, life, you're going to get life." It was very much like my experiences as a car salesman. They had the bait and switch, the foursquare shuffle, and the invisible manager in the other room who had to approve any deal. In fact the entire exercise was identical. Scotty even said he didn't want the undercoating. Funny how it was business and not law that was discussed or practiced. The tenure of the meeting was to take ten years and upon getting out, fix the system since we may have discovered a political problem. How brilliant does that sound? At least each side did start to see some light at the end of the tunnel to resolve this matter. By the end of the session I was offered 97 months and Scott 87. Wow I bet that disappoints our critics. This should be very good news for the co-defendants. As for Scott and I we wrestle with a very hard choice. They made it clear the facts don't matter. They are pleading one case, trying another, and lying and cheating to win with propaganda by media and a confused jury a third version. THIS CAN ONLY BE TRUE IN COMMERCE AND NOT AT LAW. DID YOU HEAR ME? Is this another indicator?

How much of your life would you bet on truth in a world of lies? I can't believe these people can sleep with themselves because they are using the lives of people as their commodity without any law. This doesn't make Darling Dimples Dimke or the Yeller Feller Keller respectable, honorable, or tolerable. I'm pretty certain this deal will be what it takes to resolve this matter and that the set of facts that do matter will leave us no choice. The frauds keep stacking up and a trial is just icing on the cake not a resolution. Some of you might be scared by what I'm saying but if you did your homework you might understand what I'm telling you and get excited. I'm seeking God for a little more clarity but I think I see the path to take. The trial would be accounting experts, not related to any of the banks, some clients, and objections to just about every question we would ask. Now I can fantasize about how to win this trial but that is my pride seeking vindication. The path of the Lord is far superior in wisdom. What is funny about what people are seeing develop is that none except those very well trained in the faith will see God's victory which is disguised as defeat. If you get panicked by the coming developments draw closer to God and he will give you assurance and rest. I could have never imagined how God's gifts could exceed even my dreams. Those who know Christ, you are well loved. He knows the difference between empty and full, gold and clay and He will divide them. Those who devise wicked plans and swear out oaths to make the lie appear as truth only fool themselves. Facts do matter in the courts of heaven.

The work we came to do is almost complete. Though we are willing to suffer their injustice that does not mean they are exempted from its pains. The Northern District is a cesspool of corruption full of wicked and vile men. God apparently has heard enough of the prayers of injustice that He has decided to do something about it. Just because it seems as though we are on trial and the ones getting ravished you are not free to determine with your retarded reason that you understand. God is about a very different plan where truth is always prevailing as it absorbs the evil in condemnation. Once it has collected the evidence and the witness to the prayers are confirmed, sentence will be passed and God will be vindicated. Your fatigue and God's delay will both work together for good in the end.

[Judge Roy Bean]

Their mythological mumbo jumbo filings produced this from the court: (Pre-trial hearing minutes)

Case continued to 9/24/07 at 2:00 pm for Pretrial Conference
Case continued to 10/15/07 at 7:30 am for Jury Trial

ORDERED AFTER HEARING:
Valerie Stewart present.
Pretrial conference is continued to 9/24/07. Government shall file pretrial papers by 9/5/07; and the defendants shall file oppositions by 9/19/07.

Defendants gave the Court subpoenas they would like issued. Court advised the defendants that the unsigned document re acceptance of plea has been received, but that it is moot and not the proper procedure.

Government will determine if there is any discoverable material on Julian’s hard drive by the end of the week.

As to what could possibly be on Julian's hard drive one has to wonder if any of the nonsense there would be different than the nonsense the dim duo has generated over the years.

[Prof]

I have just noticed that there has been no recent posting on Mortgage Fraud, the Duo's blog. The last is dated 8/28. On PACER, the only recent filing is a filing, in the record, by the Court, of a demand letter addressed to the trial judge, asserting that he is violating his "fiduciary" duties to the defendants and spouting, briefly, other gibberish.

Have the Duo finally run out of steam?

What will the morning bring?

Is there hope left?

Does anyone care?

[Demosthenes]

Signs of a plea agreement?

[Prof]

Both JRB and I think there's one coming, but with these guys, who knows. I'm still waiting for Flea's Plea (I love alliteration).

However, it seems that the Mortgage Fraud Blog postings are more infrequent and even more "mystical" during the last month or so.

[notorial dissent]

The latest blather on the blog, as far as I could decipher, and at times that is a major undertaking, was that the gov’t offered them, in my opinion, a pretty sweet plea deal, 8 years instead of 40. Instead, and as usual, they came back with a collection of nonsense stipulations having nothing to do with the charges, but bolstering their scam, and the US A turned them down, not surprisingly. The thing I don’t know is if the govt is waffling on the case because of lawyergate, or just general inertia. I can understand the desire to not have to go to trial over these two clowns, but I do think they need to be dealt with and harshly, if only as a warning to some of the more sensible that this might not be a career choice. I also think they both need to be put away for a very long time on the basis that if they are out they will be back at it again, and if they are not dealt with harshly, it will be usable by them as a justification of their scam which is really unacceptable.

I’m curious as to what sort of letter they sent to the judge this time.

Somehow I just don’t see Kurt’s ego letting go until everything has crumbled down completely around his ears, although what else is left is debatable. I think this pair are as bad or worse than some of the inveterate TP’s for clinging to their mythology despite real world proof of its falseness.

[wserra]

I’m curious as to what sort of letter they sent to the judge this time.

Shazam!

Now that your head's spinning - I especially like the .01 stamp over the signatures - aren't you glad you asked?

[notorial dissent]

And a merry gesundheit to you as well!!!!

And here I thought they had taken Kurts printer priviliges away, pity they didn’t stick to it, this’ll teach ‘em undermines the very fabric of their false charges it does.

I wonder if the Sec of the Treas realizes he has just been demoted to the role of receiving clerk, imagine his surprise when he gets his next paycheck.

Don’t they realize that they invalidated the whole bond thing by using the wrong stamp, they’re supposed to use an uncancelled 26¢ Elvis stamp for something this important.

I just knew there had to be something else after the nonsense they tried to get into the last plea agreement.

Wonder if this counts as an additional Federal felony that can be added to the current laundry list?

[Judge Roy Bean]

Part of what has to be going through the USA office is at what point is there a potential economic satisfaction to this case?

Consider, the real damage to the entities protected by law (financial institutions) has been both litigated and mitigated or even eliminated. The losses faced by the participant/victims is (in the scale of things) relatively small unless, of course, they lost a home in the scam. But those numbers are in the hundreds, not thousands.

And those who did lose a home have a double-whammy problem; they willingly (maybe ignorantly) signed up for a scam. They're not all that different from the rubes who fall for TP arguements and probably the two "communities" have many citizens in common. Even if they were genuinely scammed, they'll have a hard time proving it if they had financial issues or difficulty with their lender/servicer before signing up for the scheme.

So what all of that boils down to is how much the USA office is willing to go after when the real financial damages are (again, in the scheme of things like Enron) actually small?

Yes, a lot of attorney hours were burned and certainly there were any number of ancillary expenses associated with lenders having to pay attention to what was going on, but in the end, Johnson and Heineman are way below the noise floor when it comes to dollar-value scammers.

It could have been much worse had not the Kenney trust case come undone and the FBI not intervened when they did. The promoters had gathered a network of dedicated sub-promoters and the collective of scammers was making inroads into the kinds of communities where such things were more easily accepted.

What may be truly useful in this exercise is how Alsup whacks their legal theory nonsense. If it's the typical response, it will get the "frivolous" style admonishments and might even earn a label of "incoherent" or "gibberish," but if clearly crafted, may help to put an end to this kind of self-styled, self-promoted financial, BOE and UCC garbage that so many seem to want to regurgitate.

For me, the cattle prod precludes fools from arguing such. Alsup is pretty much limited to the threat of contempt, incarceration and fines, with the latter being as uncollectible as the dim duo's arguments are founded in reality.

I wonder if His Honor realizes the potential impact of the penalties he applies.

[notorial dissent]

JRB, I quite agree, as I have said innumerable times, they are a pair of very inept, two bit grifters with delusions of grandeur. The ones who really got hurt in this were the lenders who had to sort the mess out after things fell apart, and the few innocent bystanders who bought some of the property only to find out later that the titles had been fouled, and here the title insurance companies probably took a hit, but still a mess. It is really fortunate that the whole thing fell apart as early as it did, thanks largely to Kurt’s overweening ego, otherwise, it could have gotten quite a bit bigger and a whole lot messier. Economically they are small beans, they don’t even rank as potatoes, but on the other hand, as Kurt has already proven, he WILL go back out and do it again. I agree here too, I hope the judge does take their nonsense and shred it, if only to vent some of his justified frustrations of having to deal with the whole mess. I guess we will see in the end, I still have faith in Kurt’s ability to ensure his own demise though, he will push it to the limit, and maybe a bit too far for his own good.

Somehow, at this juncture, I can't imagine that the judge isn't aware of what a pair of whack jobs he is dealing with.

[Judge Roy Bean]

They filed an interlocutory appeal but the documents aren't available. They didn't like the fact that Alsup denied them a CJA-paid private investigator (twice). The same legal mythology blather in the application surely doomed it, so now what we'll get to see is the Ninth Circuit's reaction to things such as:

"The defense freely and without reservation by their endorsements upon this application authorize the fee issued to retain a private investigator be discharged, set-off, or settled in accordance with House Joint resolution 192, Public law 73-10 and public policy and that our exemption accounts within the US Treasury office under the CUSIP numbers XXXXXXXXX and or XXXXXXXXX having been properly established by law be properly levied."

Our tax dollars at work.

[notorial dissent]

That's cruel and unusual punishment, even for the 9th, may heaven have mercy on their stomachs, that they shouldn't laugh themselves sick.

[Judge Roy Bean]

Imagine getting this letter with the above-linked horsesh*t:

September 5, 2007


Mr. William H. Alsup
Judge Northern District
UNITED STATES
450 Golden Gate Ave.
SAN FRANCISCO CA 94102

Re: Fiduciary obligations for settlement


Dear Mr. William H. Alsup,

To our knowledge none of the fiduciaries has taken their responsibility serious [sic] and damages are imminent.
Each and every one of you have been bonded to the amount of $10,000,000.00 to indemnify you. Therefore you are without excuse to settle the matter of CR 05-00611 WHA and all the contingent accounts. A copy of the bond on file with the Secretary of the Treasury as of August 23, 2007 is herewith attached.
You are instructed to do whatever it takes with the Payee to settle this matter. Time is of the essence and you are given until 9-23-07 to perform, or for the bond to be dishonored. Failure to perform will be a fault and acceptance of the damages not only to the beneficiaries KURT F. JOHNSON and DALE SCOTT HEINEMAN but all those who will be damaged by the fraudulent claims of the mortgage industry. Lack of performance is equal to self-enrichment and a damage. We highly recommend that you seek better legal counsel than that which you have relied upon to date since we do not wish to see you succumb to unnecessary liability.

Thank you for your kind service,



By:
UNDER RESERVE WITHOUT RECOURSE
KURT F. JOHNSON-FICTION-DEFENDANT

[Judge Roy Bean]

These should be classics when and if they get them onto PACER:

436 Filed: 09/07/2007
Entered: 09/14/2007
Notice (Other)
Docket Text: NOTICE to All Parties, Including Bankers, Dorean Clients, and Actors of the Pending Settlement and Closure of This Case/Account by Dale Scott Heineman, Kurt F. Johnson (vlk, COURT STAFF) (Filed on 9/7/2007)

437 Filed: 09/14/2007
Entered: 09/18/2007
Notice (Other)
Docket Text: NOTICE of Default of all Fiduciaries With Attached Notice to Quit or Cure by Dale Scott Heineman, Kurt F. Johnson (vlk, COURT STAFF) (Filed on 9/14/2007)

438 Filed: 09/14/2007
Entered: 09/18/2007
Notice (Other)
Docket Text: NOTICE of Proper Tender and Assignment of Resources to Settle this Case by Dale Scott Heineman, Kurt F. Johnson (vlk, COURT STAFF) (Filed on 9/14/2007)

439 Filed: 09/14/2007
Entered: 09/18/2007
Notice of Appeal - Interlocutory
Docket Text: AMENDED NOTICE OF APPEAL (Interlocutory) by Dale Scott Heineman, Kurt F. Johnson re [406] Order. (vlk, COURT STAFF) (Filed on 9/14/2007)

And the fans go wild!

[notorial dissent]

dim and dimmer got a perfectly good, and in my opinion far too lenient, plea offer from the US on this and in effect turned it down by trying to add stipulations that ended up saying they weren’t guilty of the crimes they were charged with, which the US sensibly turned down. They are of course continuing to go on about how their attempts to settle have been thwarted, by themselves in each case. So now we are back to making it go away with fictitious bonds and silly documents it would seem. Just for pure satisfaction it would be nice to see the gov’t reinstate all charges and go forward to trial, as this pair deserves everything they get.

JRB, you are right, I hope they do post some of the rest of the comedy to PACER, I'm sure it will be a hoot to read.

[Judge Roy Bean]

My sense is the charges that were dropped were done so to obtain cooperation from potentially culpable witnesses, i.e., drop count "x" in exchange for testimony about the specific transaction between a broker and the customer on that particular property. For example, I think one of them that was dropped involved Julian's own residence and I think another one was LeCompte's. I haven't looked further to see if there is some other pattern.

Anybody going to be in SF on the week of the 15th of October?

Wait, nevermind. The schedule will surely change again.