DOREAN UDATE

[Dr. Caligari]

The Dim Duo's latest malarkey:

Our First Shot (05-13-07)
On Friday 5-18 we delivered our first shot over the bow of their sinking ship of presumption. We have more coming. It has been 2 years now of the government running with Judge Alsup’s stupid presumption he couldn’t avoid from the Frances Kenny case. Though I told him he was blind then he didn’t have very good hearing either. Now we’ve come to that place where the square peg of their ignorance will not be forced through the round hole of truth and destiny. Most of you cowards thought the big bad UNITED STATES had the power to round off the corners and pass it through but they do not. After 2 years, how would you like to be at the threshold of trial and discover that the entire premise of your case is factually irrelevant? Well somebody has a headache thinking about that right now. We haven’t disclosed what we think only that what they think we think we don’t think. There is a little proverb of lawyers that you should “never ask a question you don’t know the answer to.” Do you think you should engage in a mens rea trial when you don’t have a clue what the parties were thinking? You can look at all the retard commentators on this blog but none have a real clue of the facts in this case. Offers to avoid trial will be coming shortly but they better be realistic about our damages. Responsibility and accountability are two words bigger than this government and they choke on them more then they ever swallow them. I’m not expecting any great show of integrity and neither should you. Look at their record. Not once in two years has anyone cared to ask the question “what was really going on here?” They were in love with their answer and were dead set on trying to create out of the wrong set of facts a question to match the answer. Bullies and retards are the only ones who behave this way. We may be fortunate to have both in one in this situation.

[Prof]

The Dim Duo's latest malarkey:

Our First Shot (05-13-07)
On Friday 5-18 we delivered our first shot over the bow of their sinking ship of presumption. We have more coming. It has been 2 years now of the government running with Judge Alsup’s stupid presumption he couldn’t avoid from the Frances Kenny case. Though I told him he was blind then he didn’t have very good hearing either. Now we’ve come to that place where the square peg of their ignorance will not be forced through the round hole of truth and destiny. Most of you cowards thought the big bad UNITED STATES had the power to round off the corners and pass it through but they do not. After 2 years, how would you like to be at the threshold of trial and discover that the entire premise of your case is factually irrelevant? Well somebody has a headache thinking about that right now. We haven’t disclosed what we think only that what they think we think we don’t think. There is a little proverb of lawyers that you should “never ask a question you don’t know the answer to.” Do you think you should engage in a mens rea trial when you don’t have a clue what the parties were thinking? You can look at all the retard commentators on this blog but none have a real clue of the facts in this case. Offers to avoid trial will be coming shortly but they better be realistic about our damages. Responsibility and accountability are two words bigger than this government and they choke on them more then they ever swallow them. I’m not expecting any great show of integrity and neither should you. Look at their record. Not once in two years has anyone cared to ask the question “what was really going on here?” They were in love with their answer and were dead set on trying to create out of the wrong set of facts a question to match the answer. Bullies and retards are the only ones who behave this way. We may be fortunate to have both in one in this situation.

If you read the prior post, you will see that the dim duo are trying to establish a "no intent" defense, which, like the tax cases, goes like this:

"I really believe what I say about 'vapor money,' and, therefore, I could not have the criminal intent or mens rea necessary to break any law."

I suppose the dim duo are so dumbt that they will try to get into their theories about banking, but I also suppose that at least Kurt is bright enough to know that the court will not allow those theories except in the context of intent.

This is a slightly smarter approach than I would have anticipated.

How will the Court handle this?

I know that if I were the prosecutor, I'd put them on the stand first (I suppose that in a criminal trial, the defendant can be called as an adverse witness -- Wes??--), ask them about their conduct, particularly as to the re-fi and second re-fi, and ask them what would happen if the mortgage in question was held by a non-bank. At the very least, if the duo took the 5th, they could not testify about mens rea/intent in their own defense without waiving the 5th.

[Dr. Caligari]

I suppose that in a criminal trial, the defendant can be called as an adverse witness -- Wes??--

Nope. The defendant cannot be called by the prosecutor in a criminal case.

But the good news for the prosecution is that the only way they can assert a mens rea defense is to take the stand and testify. If they do, all their lies-- about how this was a "proven method," about the "bond" posted by the Swiss bonding company, etc. etc.-- can be brought out on cross-examination. (Also, Kurt's prior criminal record can be brought out if he testifies.) So if they testify, they are toast.

[notorial dissent]

I like the part about them having to testify if they want to get their mens rea defense in, but unless I have misread the current charges, they are being charged with anything that has anything to do with their vapor money theory, wire fraud now mainly I think, so I don’t quite see how this is going to be much of a help to them.

[Pauligirl]

And the Judge shoots back:

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
DALE SCOTT HEINEMAN, KURT F.
JOHNSON, THE DOREAN GROUP,
WILLIAM JULIAN; FARREL J.
LECOMPTE, JR., SARA J. MAGOON,
and CHARLES DEWEY TOBIAS,
Defendants.

No. CR 05-00611 WHA
ORDER DENYING RELIEF
It has come to the Court's attention that defendants Heineman and Johnson have served
the appended documents on Richard Wieking, Clerk of the Court. These documents and
requests are incomprehensible. The Clerk's office is directed to ignore them. Any relief sought
pursuant to these documents is DENIED.
IT IS SO ORDERED.
Dated: June 1, 2007.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE


Here's the appended document–there were two, one for Scott and one for Kurt, but they were just alike, so you just get one, and one's enough.

Freedom of Information Act/ Privacy Act
5 U.S.C. § 552/ 5 U.S.C. § 552a
RICHARD WIEKING, CLERK OF THE COURT
NORTHERN DISTRICT CALIFORNIA

UNITED STATES OF AMERICA

V.

DALE SCOTT HEINEMAN et. al.

Case No: CR 05-00611 WHA

I am requesting from RICHARD WIEKING, CLERK OF THE COURT, NORTHERN DISTRICT of CALIFORNIA copies of the Bid Bond, Performance Bond and/or Surety Bond that bonds the action and/or the actors in case number CR 05-00611 WHA or any evidence of bonding the Statutes or the bonds themselves.

In accordance with law as codified in Title 5 U.S.C. § 552(a)(6)(A)(i) this response should be sent within twenty (20) working days.

In accordance with Title 5 U.S.C. § 552(a)(4)(A)(i)(I)-(III) the fees for producing the above referenced documents shall be reasonable standard charges for document duplication and advance payment shall not be required in accordance with Title 5 U.S.C. § 552(a)(4)(A)(v).

If any of the document(s) of this request are denied provide each specific exemption that justifies your refusal to release the information and provide me with the appeal procedures available under law.

If the document(s) requested is now identified by a different designation, title, heading, etc, consider this request as if it has been requested under its new designation, title, heading, etc.

Dated this 24th day of May 2007





By:__________________________/ss/
By: Me, Kurt F Family of Johnson
General Trustee for KURT F. JOHNSON
Subscribed under reserve and without recourse





and about that PI....nah.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
DALE SCOTT HEINEMAN, KURT F.
JOHNSON, THE DOREAN GROUP,
WILLIAM JULIAN; FARREL J.
LECOMPTE, JR., SARA J. MAGOON,
and CHARLES DEWEY TOBIAS,
Defendants.
/
No. CR 05-00611 WHA
ORDER RE REQUEST FOR
INVESTIGATOR
The Court has reviewed the "application for use of a private investigator by order of the
court" filed by defendants Heineman and Johnson. The application submitted is so thin as to
the alleged need for an investigator that it is DENIED WITHOUT PREJUDICE to renewal after
defendants consult with Steve Moore. In addition, Mr. Moore is DIRECTED to file a statement
under seal with the Court explaining his understanding of what benefit an investigator might
serve. Such statement must be filed by JUNE 11, 2007. The Court will consider any new
application and Mr. Moore's statement in determining whether defendants are entitled to an
investigator.
IT IS SO ORDERED.
Dated: June 1, 2007.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE



and this..well, I'm just not sure.

http://paulag.home.coastalnet.com/kurt% ... cation.pdf

[notorial dissent]

Rumor has it that the dim duo, in what I would think is a clear violation of the original court order, have reportedly, by them, filed a claim in a bankruptcy case involving New Century Mortgage in Washington DC, 07-10419-KJC. Lots of crowing, no actual facts or information provided, as per usual.

There is also a claim by the ever perspicacious and reliable Moogey, that the “boys” have filed another of their sure fire “presentments” on the prosecution, that they cannot possibly answer and will therefore be in default on, so the case will magically all go away. Moogey has even found someone weirder and further out than Dove and Wanta who will now ride to their rescue, RSN.

I think at this point they have all entered a state of denial and delusion from which they will not leave.

[neodemes]

Moogster seems to have all the answers.

He just doesn't seem to understand the questions.

[Prof]

Here is the latest from Kurt, of the Dynamic Duo:

Eenee Meene Miny Moe (05-31-07)
Eenee Meene Miny Moe, catch a tiger by the tail. How will you let him go? This is a theory, which poses an interesting problem. Sure you have the tail but on the other side is the mouth. Allegorically that is what happened in this case. Judge Alsup by his presumption gained through Thomas Spielbauer captured the concept of our economic truth farthest from head. Soon once the Bill Julian issue is settled they will have to deal with the head. They have avoided this as long as they can but the tolling time becoming prejudicial is finally a clock working against them. They are economic retards capable of a hind-end understanding of the subject matter but far from being mindful of the head. Like the commentators on this site they have no idea what this case is about. Bill should be out of the case soon. He is handling things in a smarter fashion than Farrel and Dewey. We will soon be testifying as to his non-involvement. This was available to Farrel and Dewey but attorneys get in the way. Bill should be bailed or severed out soon. Here is a little retard test: How is it that Farrel and Dewey each pled guilty to a crime none of us were indicted for? If you know the answer you're learning to understand your enemy. If you don't and you're a client be glad God gave you wise caretakers. If you are not a client you've got a tough life ahead of you. Dewey's plea agreement can be downloaded on pacer. Have a look, enjoy the surprise.

Farrel LeCompte, has plead (probably in exchange for testimony) against the boys. FLEA, as he signed himself in the heyday, once a vicious defender of the "proven process," has now seen the light. By Christmas, however, the US Attorney did not oppose his requests for bond and for interstate travel. By then, it was apparent that he had lost his zeal for the cause. I suppose this will cost him some sort of sentence and loss of his CPA license. He probably lost his house, as well.

[neodemes]

Fresh off the blaagh:

"More Charges Dismissed (06-02-07)"

We had to file a motion to dismiss some more charges. The very fact we had to do it shows again that this prosecution and court have no integrity even inside their little game. When they dismissed the 15 bank fraud charges the mail and conspiracy charges associated with them remained. This is sloppy or malicious work. Mail fraud is to punish for the furtherance of a separate crime. Without the separate crime it cannot stand alone. They should have exited with the banks.

How many charges remain and what are they?

[Judge Roy Bean]

Because there is no possibility of actual financial restitutition by any of the defendants, it's now a balance between potential incarceration/punishment for the most guilty vs. what it will cost to get them there.

You do your own version of the math. Prosecute far enough to put Johnson away for the maximum as a repeat offender to ultimately discredit the scheme, let Heineman cool for a few years and get probation after that, then if the brokers cooperate put them up for shorter sentences and hang them with stiff probationary consequences. Remember there's no parole for Fed convictions so Alsup is going to be considering the sentences for more than a few minutes.

Outside of the case itself, consider the real victims (if there are any) are the truly ignorant dupes or they're knowing co-conspirators motivated by their own greed. But that won't have any impact on what happens to the perpetrators, promoters and enablers.

Consider also that an appeal from a pro se defendant in a federal criminal case is akin to a snowball in Hell. Despite that, this one won't be over in this decade.

[neodemes]

Thanks, JRB.

So, do you know how many charges are left and what they are?

[Judge Roy Bean]

Heineman apparently is asking to have them pay for an attorney as "advisory counsel."

Wouldn't you just love to spend fifteen minutes in that room?

Anything beyond that would be mind-numbing.

[wserra]

Farrel LeCompte, has plead (probably in exchange for testimony) against the boys.

He is almost certainly cooperating, and will almost certainly testify.

He just (a month ago) filed a stip to expand his bond's travel restrictions, in which his lawyers wrote that his sentencing date "will be continued further as the trial date for the remaining defendants in this matter has been reset for October 15, 2007." There is only one reason to postpone sentence until after codefendants' trial date.

I'm gonna see if I can arrange to have a deposition in northern CA when that happens.

[Prof]

Thanks, JRB.

So, do you know how many charges are left and what they are?

I've been busy, Neo, but here it is, from the PACER coversheet:

Pending Counts
Disposition
18:1349: Conspiracy to commit mail fraud, wire fraud, and bank fraud
(1)
18:1349: Conspiracy to commit mail fraud, wire fraud and bank fraud
(1s)
18:1341: Mail Fraud
(2-27)
18:1341: Mail Fraud
(2s-5s)
18:1344: Bank Fraud
(6s)
18:1344: Bank Fraud
(8s)
18:1341: Mail Fraud
(9s-14s)
18:1344: Bank Fraund
(16s-17s)
18:1341: Mail Fraud
(19s-25s)
18:1344: Bank Fraud
(27s-28s)
18:1344: Bank Fraud
(28-46)
18:1341: Mail Fraud
(31s-34s)
18:1341: Mail Fraud
(38s-52s)
18:1344: Bank Fraud
(53s-54s)
18:1344: Bank Fraud
(56s)
18:1344: Bank Fraud
(61s-63s) dismissed without prejudice on Government's motion
18:401(3): Contempt of Court
(64s)
18:981(a)(1)(C), 28:2461(c): Forfeiture
(66s-68s)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:1344: Bank Fraud
(7s) dismissed without prejudice on Government's motion
18:1344: Bank Fraund
(15s) dismissed without prejudice on Government's motion
18:1344: Bank Fraund
(18s) dismissed without prejudice on Government's motion
18:1344: Bank Fraud
(26s) dismissed without prejudice on Government's motion
18:1344: Bank Fraud
(29s-30s) dismissed without prejudice on Government's motion
18:1344: Bank Fraud
(35s-37s) dismissed without prejudice on Government's motion
18:1344: Bank Fraud
(55s) dismissed without prejudice on Government's motion
18:1344: Bank Fraud
(57s-58s) dismissed without prejudice on Government's motion
18:1344: Bank Fraud
(59s-60s)

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

[neodemes]

Thanks, prof.

[Judge Roy Bean]

I can't imagine Kurt's dad is going to let these stay on the blog, so for preservation purposes:

I hope every single one of you read this post and realize how retarded all of you are.

While Kurt is living his wonderful, wealthy life probably surrounded by expensive things that he bought to make his life seem like it has value, his three children, one of them being me, Sean Travis Johnson, are living in Arizona working hard to pay their way... The legal way.
You also didn't know that when my dad got into development of his first scheme he went to jail for, he was packing away large amounts of money on a private yacht, while our family was homeless in California, living off the damaged food cans for our dinner which he would bring to us from the Pack & Save grocery store he used to work at.
The fact that he put himself and his own personal wealth before his family, is fucked up. Not to mention the fact that it isn't already extremely fucked up that he was stealing all this money from stupid, manipulatable people just like all of you who get sucked right in to the bullshit of his words.

And as for you dad, I hope you keep brainwashing these followers of yours and succeed to be as wonderful of a man as Hitler, making people believe that your screwed up ideas you come up with are actually helpful. I hope you joke about how you all think you know the law so well, how it's all fucked up, and how you all truly believe that a small group of Californians can change it by breaking the law, in an effort to show the "truth" of your ways.

You also need to stop with all of the "God's the future" crap because you don't know shit about god. God isn't some supremacist who embraces the people who worship him and gives up on who doesn't. The life you live is about you. It isn't about wasting away days of your life praying to something that we believe exists because of stories that formed thousands of years ago. For any sane human being, it is obvious that if you play the game telephone with a group of people and start with a story, it's not going to be told the same way on the other end. So how do you expect everyone from the time when the bible's stories started developing to all tell the truth, as well as, the same stories as everyone else. That right there, is assuming that it isn't human nature to exaggerate.

And even if there was a god who believed that those who stay true to him, stay true to life, or some bullshit like that, he would have told you to stay true to your family and your children in hopes to raise, healthy, smart, beautiful men and women. Mom did an exceptional job of doing that on her own though. So you shouldn't worry too much. Just keep moving along, not paying child support for the 17th year straight now.

Why do you choose to do that? Oh well it's because you love your children so dearly and would do anything to make them happy.... Like not make an effort to be a part of their lives and put the request slip for child support in the paper shredder when it showed up in the mailbox, and decide not to come down to Tucson to see us occasionally because it's too much of a pain in the butt to just follow the rules of a restraining order. My kids just aren't worth the effort or discomfort.


When this trial ends, I'll be "praying to the ol' mighty god" that you sit in a 9' by 9' cell, thinking about how all three of your kids, me, Shannon, and Ethan would enjoy seeing you get strapped up to the fryer seat and watch your flesh crisp up like breaded chicken. I hope you also sit in your cell thinking about how many lives you fucked up, while trying to convince everyone that you believed in honor, integrity, truth, and all that other manipulative sac of shit you say you're about.


And while you're doing that, I'll adopt your religious studies for a quick moment to hope one thing is true in the Christian beliefs. And that is hoping that there truly is hell, so that I can be assured that you'll fall to the deepest of depths, eternally burning in the afterlife as payment for all the twisted things you have done to better yourself while hurting others.


Sincerely,
Sean Travis Johnson
6:11 AM

SeanJohn1018 said...
Frivolous, you're lucky you don't live in Tucson with Kurt's son because he would knock you the fuck out. One thing I did learn how to do from my dad.


And Habakkuk, I'll read you a little line from my bible. "Thou shall shut the fuck up if he's going to be a pussy and embarrass himself with quotes that only a bitch would say to insult someone."


and for all of the rest of you who don't believe that I'm actually Kurt's son, and Fred's grandson, ask Kurt about the time 4-5 years ago when he showed up at my house in a white car something similar to a Crown Victoria or Mercury Marauder to pick up my brother and take him back to California before my mom got home from work but was unlucky because my mom did come home in time and told Kurt to leave. I know he'll remember that.

Or maybe the one time he decided to follow someone else's rules for once instead of making his own, and came down to Tucson to see his children and take them to the Tucson mall and to Funny Park to play basketball. He'll remember that my mother's dad, Grandpa Bob had to monitor him at all times while he was with my brother, sister, and I.

He'll know it's his real son speaking.


And I didn't just decide to all of a sudden bitch my dad out after two years, I found out he was going to jail after this mortgage scheme a long time ago and figured I would never talk to him ever again anyway. But, as I was finishing my paper that i wrote about him for my writing class, I decided to take a few minutes to research more on his fucked up life and found this blog. So, then I decided to bitch at him.


And the more I read, the more i see all of you little mindless people take in every word he says as if he actually is some sort of god. You people have brains for a reason. It's to think for yourself, not sit on a blog all day listening to a criminal trying to convince you that what he did was not against the law and was good hearted.

10:12 AM

SeanJohn1018 said...
And I almost forgot to mention how much of an ignorant fuck you are habakkuk for saying I don't honor my parents. Cuz I do honor my parents. My mother and step-dad who actually sacrificed for their children in order to get us to where we are now. If it weren't for my mother who moved away and started working two jobs while going to school full time, and had 3 infants to raise, I would have been living in the alleyways of San Jose still eating half a can of Campbell's chicken noodle.

Or if it weren't for my stepdad who came into my life early enough to take on the father duties he needed to and started working 60 hours a week so that my mom could stay home and have more time with her children.


Don't ever say I don't honor my parents again you lousy fuck. I honor the parents that actually did their job instead of running away like some pussy and robbing innocent people.

10:26 AM

[notorial dissent]

For what it is worth, it appears that the writer was actually one of Kurt’s children, which he conveniently seems to have forgotten to say anything about all this time. Later in the same or next thread, there is a long rambling apologia from Dr Fred, which I would believe about as much as I would anything coming from Kurt, so the writer is at least legit. Whether the complaints are is another matter, however, I am betting on the kid telling it like it is. Amazing the things that come home to roost. And, it is still there, of course you'd have to wade through the Dr Fred drivel to see the attempt at deflection. I truly feel sorry for the kids, but I also am of the opinion that not having Kurt or grandad in the picture is the greatest gift they could get.

[Dr. Caligari]

Kurt is now claiming on his blog that all of the bank fraud charges have been dropped (although he is still facing the conspiracy and wire fraud counts). Is this true? If so, does anyone know why?

[wserra]

Kurt is now claiming on his blog that all of the bank fraud charges have been dropped (although he is still facing the conspiracy and wire fraud counts). Is this true? If so, does anyone know why?

The govt's application:

The United States of America, through Scott N. Schools, United States Attorney for the Northern District of California, Assistant United States Attorney C. David Hall, and Special Assistant United States Attorney Brigid S. Martin hereby move the Court for dismissal without
prejudice of the following 11 bank fraud counts in the above-captioned Superseding Indictment: Count 6, Count 8, Count 16, Count 17, Count 27, Count 28, Count 53, Count 54,
Count 56, Count 59, and Count 60.

According to the penalty sheet, the superceding indictment contains 26 bank fraud counts, eleven of which have been dismissed. If anyone cares enough to check, perhaps all of those counts relate to one or two banks, or one or two complainants, and there is an issue of proof as to those. I don't care enough. The remaining counts are plenty.

The trial is still scheduled for October 15. The last docket entry (number 449!) is Judge Alsup's denial of the Dim Duo's request for a subpoena for the Secretary of the Treasury. We can once again bemoan the appalling absence of electronic filing from the nation's federal jails, so we do not get to see these recent gems:

09/21/2007 446 NOTICE of the Necessary and Appropriate Assignments to Settle and Close this Account/Case by Dale Scott Heineman, Kurt F. Johnson (vlk, COURT STAFF) (Filed on 9/21/2007) (Entered: 09/25/2007)
09/24/2007 447 NOTICE of Appointment of Fiduciary Debtors by Dale Scott Heineman, Kurt F. Johnson (vlk, COURT STAFF) (Filed on 9/24/2007) (Entered: 09/25/2007)

[Judge Roy Bean]

The dim duo are still trying the bill of exchange lunacy, with a three-trillion dollar gibberish "bail out" offer to President Bush.

They aren't legally insane, but I'm strangely reminded of what it was like to play "make believe" as a child where you and your playmates could essentially rule the world around you and make it up as you go along.

Now we see adults playing the same kind of fantasy game with computers and a lot of time on their hands to make stuff up and/or experiment with other whacko's methods all at taxpayer's expense.

And when the real world imposes, it seems they retreat further into even more bizarre maneuvers all the while trying to keep the remaining tiny handful of dedicated followers fired up on a blog that might as well be generated by any number of quasi-religious text and story generators.

Alsup has an opportunity to firmly put to rest many of the nonsensical legal silliness that I truly believe has become an expensive plague on the judicial system.

Without such exemplary action, we're going to see more of this in the future as opposed to less.