Robert Guenther Named Defendant In Feb. 2 Shareholder Lawsuit That Alleges RICO Violations, Conversion, Unjust Enrichment, Fraudulent Transfer

Robert Guenther and a woman referenced as “Jane Doe” are listed as defendants in a shareholder lawsuit filed Feb. 2 in Arizona by investors in Cheyenne Mountain Games (CMG) and Cheyenne Mountain Entertainment (CME).

Guenther is the de facto head of the ASD Members Business Association (ASDMBA), an entity that came to life in the aftermath of the federal seizure of tens of millions of dollars from AdSurfDaily and a related company, Golden Panda Ad Builder. ASDMBA collected contributions from ASD members, saying it sought to protect their interests in the ASD litigation.

Some ASDMBA members complained that its operations were less than transparent and that Guenther did not provide adequate accounting of how more than $100,000 collected through individual contributions was spent.

Also named a defendant in the Arizona lawsuit was Jaffa Partners, a Texas entity with which Guenther is associated. The plaintiffs said they believed “Jane Doe” was Guenther’s wife. They are among more than 30 defendants listed in the case, which centers on alleged misconduct by Gary Whiting, a  CME executive.

Guenther, “Jane Doe,” Jaffa and the other defendants are accused of RICO violations for “participating in a scheme or artifice to defraud”; conversion of assets and refusing to return the assets with an “evil mind”; unjust enrichment for “failing to pay” or provide consideration for assets; and fraudulent transfer/conveyance “with the actual intent to hinder, delay, or defraud.”

CME and CMG are involved in the development of an online game known as “Stargate Resistance.” CME has declared bankruptcy amid a sea of allegations of mismanagement and financial manipulations by Whiting and financial manipulations by others that harmed shareholders, according to court filings.

“Whiting has used CME and CMG as though they were his own piggy bank,” the shareholders alleged.

Among the allegations are that CME stopped paying employees and that Whiting instructed company officers to stop paying payroll taxes, racking up more than $1.5 million in unpaid taxes. More than $3.8 million on other bills also were not paid, according to the shareholders.

Whiting’s actions threatened the release of Stargate Resistance and the viability of the company itself, according to the shareholders.

Side deals kept from shareholders diluted the value of shares, the plaintiffs claimed. They also claimed Whiting may have caused “listening devices” to be planted in CME’s offices in Arizona and telephone calls of key employees to be recorded without their knowledge or consent.

In the ASD case, federal prosecutors alleged that the Florida-based company was a Ponzi scheme. After the seizure of ASD’s assets in August 2008, Guenther solicited contributions for ASDMBA.

Some ASDMBA members demanded their money back, criticizing Guenther for rude and obnoxious behavior and claiming they had received nothing in return for their contributions. They also complained that Guenther did not disclose that he had a felony conviction for bank fraud.

Guenther dismissed his critics as “left wing liberal no balled people,” calling one an “ignorant mouthy broad.” He also claimed ASDMBA was instrumental in returning money to ASD victims, saying the group retrieved funds for retired and active-duty police officers in Texas and California, and for a “high profile Dallas Cowboy” executive.

ASDMBA’s website urged association members to make an ASD’s promoter’s life “miserable” until he returned funds due another member.

Prosecutors filed a two forfeiture complaints against ASD and Golden Panda’s assets, saying they were in the process of establishing a compensation pool for ASD victims.

Guenther’s name is not listed in court filings as a person empowered to return assets to ASD victims.

Read the Arizona lawsuit filed by CME shareholders in which Guenther was named a defendant. The principal plaintiffs on behalf of shareholders are Keith Deering, Mark Renberg and Chris Lombardo, according to the verified complaint.

About the Author

21 Responses to “Robert Guenther Named Defendant In Feb. 2 Shareholder Lawsuit That Alleges RICO Violations, Conversion, Unjust Enrichment, Fraudulent Transfer”

  1. This is all just a big misunderstanding being done by some liberal no good trailer park trash left wing whackos…Bob’s expert and politically connected legal army will have this thing thrown out and the plaintiffs will forthwith be shaved, sterilized and euthanized by the time of the first pre trial conference…

      (Quote)

  2. upon reading that after posting, it occurs to me that it’s not much fun making fun of convicted felon Bob Guenther because I cannot find anything in that parody that I don’t think Bob would actually say….

      (Quote)

  3. Ha ha ha ha haaaaaaaaaaaaaaaaaaaaaaa
    The ‘Jane Doe’ could be Guenther in drag during one of his mysterious fact finding missions where he seems to be the only one that can get any vital info according to him.

      (Quote)

  4. Actually this is a ploy by Bob, as he didn’t want the Arizona charges against him dismissed so he could have read into the record information that would be harmful to Whiting. So I am sure Bob is using the same tactic here. But why did they say Bob was a female in the filing?

    Now back to the real world, in short Bob is in deep doo-doo on this one. Wonder if he will ask for a court appointed attorney since he can’t afford one like he did in the Arizona case in the beginning? I am sure it won’t be long until Bob comes and explains all of this, and it is just a ploy on his part to achieve a larger and more successful end against Whiting. Wait, that last sentence was not a part of the real world, but Bob’s world. There will be a new movie come out soon called, “The World According to Bob.” The trailer says it is a ‘fiction comedy.’ Well, they got the fiction part right.

      (Quote)

  5. I really do not want to rub salt into his open wound….but, what goes around will come back and bite you in the ass. To say that I am not surprised by this latest court case would be an understatement. Yes Bob Guenther “The Mouth of Texas” is in a pile of dung that two shovels would not even phase the pile.

    I guess all that information that was sent to the Prosecutor way back concerning the other case and the complaints by the people he scammed must have been heard after all.

      (Quote)

  6. What amazes me is that the message Bob sent out acted like the lawsuit had him as a Plaintiff, when in fact he is a Defendant.I cannot see how he will talk his way out of this one, and yes, he probably will get another Court Appointed attorney, like his last one.

    Yes, things are coming around to bite him in his posterior regions. Karma and the Universe are seeking equilibrium, just as it should be.

      (Quote)

  7. What amazes me is the BIG investigator, Bob Guenther, FAILED to investigate CME and Gary Whiting BEFORE leading people into this failed venture!!!!!!!!!!!!! It wasn’t until AFTER Bob fell out of graces with Whiting/CME that he started to dig into these peoples past..SHAME ON YOU, BOB.

    Whiting DID RETURN THE MONEY sent from people associated with Jaffa Partners (unfortunately to Bob)..Bob conveniently returned their investment to some but NOT TO ALL!! If you study just who got their money back you just might see many of them could put a real hurt on the man had the money not been returned..I’m just saying. At least Whiting returned the money..and Bob?…well, we’ll see if he does the right thing and give the 4 Jaffa Partners left their money back. Any bets??

      (Quote)

  8. Let’s set the record straight Patrick.. This lawsuit and information is the same 700 plus word “rant” you deleted last week when I sent it to you, and is the same information I emailed you onot once but twice right after Feb 3rd, asking you to look into what was going on at CME. It is, in part, the same info I have emailed you numerous times over the last 6 months asking you to bring this to the public eye through your column.

    And then, after all of this advance information, when you FINALLY do a little digging and it becomes public knowledge, your headline has nothing to do with the crook Gary Whiting, or the 2000 plus shareholders that have invested over $75Million in CME/Garvick/MMOGULS, or the fraud that has caused certain shareholders to file a lawsuit to remove him as Chairman.
    or the Bankruptcy filing by Whiting himself to forestall his ouster. Nope, your headline focuses on me being a named defendant in a lawsuit filed by a small group of shareholders against everyone who has tried to take over the company, along with Whiting and his cohorts.. Unfricking believable..

    I see the “Ning Nine”, which are a consistent few of the people who frequent your site, have chimed in about something they know nothing about.. I wont even waste my time with these fools..

    How about this for starters… Since January 6, 2009 I have been ordered by the Maricopa Superior court to not have any direct contact with Whiting, any directors, shareholders or employees of CME/MMOGULS or any of its affiliates unless through counsel. In December 2009, the bogus Workplace Harrassment charges against me by WHITING and CME was adjudicated by the court and I have finally been allowed to pursue claims against Whiting/CME/and MMOGULS on behalf of Jaffa Partners and dozens of other shareholders..

    Even you might admit the lawsuit makes no sense, since I havent set foot in the offices of CME since the evening of January 6, 2009, currently have and have had a conflict with Whiting and his crew, and have had NO contact with anyone directly associated with CME, by court order, for over a year… So why am I named, along with most of the Directors and Officers who committed the fraud, and a couple more late coming angels??

    Ill give you peek, not that it will make a difference.. You wont be able to find this in print somewhere, so how could you report on it??

    Keith Deering, one of the plantiffs, but I assure you, not the driving force who brought the suit, is the only other director of CME. He has been side by side with Whiting since they formed Garvick Properties years ago. He is a fellow LDS member and has invested and brought in investors to the tune of over $25Million dollars. Keith along with some other shareholders, approached me at my Mesa office in November 2008 to help find a buyer for Firesky.. The entity that holds the publishing rights to StarGate Worlds.. It goes on and on, and who knows what his real motivation is, but I assume it is to save his own butt..

    I guess Deering forgot about the tapes of our conversations concerning Whiting, Jensen, the former CFO and the former in house counsel… My testimony along with those tapes would greatly incriminate Keith Deering and the others..

    So why not write a story on the real story.. Ill be out of this suit within weeks, will you report that?? Probably not.. Just out of curiousity, what does this statement on your own website mean..

    Copyright © 2010 PatrickPretty.com: PatrickPretty.com: Covering Ponzi Schemes, pyramid schemes, securities fraud, investment fraud and Internet crime..

    What is it you are covering?? Bob Guenther or the Fraud at CME??
    I assume you wont delete my response, but if you do, you do.. True journalism ALWAYS allows both sides, regardless of what you or I individually think, state their side and bring forth their proof.. Hopefully you will watch a little more Fox News, and a little less CNN, it might open your journalistic eyes..

      (Quote)

  9. Jack, you never cease to amaze me.. Whatever it is you sent to whoever is in the trash can, along with all the other crap you spew.. Ill be out of this in a couple of weeks, if I want to be out…

    I dont really blame you or the other “Ning Nine”, all this at CME is way over yor heads, BUT Patrick, well that’s a different story..

    I gave him a heads up on the CME fgraud 6 minths ago, and he had all of this information for over 3 weeks. He even deleted the information last week, then went on to tell everyone he deleted a 700 word rant because I was “off topic”.. All he does is reproduce old news..Typical internet BS..

    If you are as good of a investigator as you say you are, try this on.. How could I possibly be “rightfully” named in a RICO action by a company, and by individuals that I have been under court order to stay away from since January 6, 2009. If you recall, I sent two emails to the in house counsel in January 2009, and had two felony charges filed against me for violating the order.. That bullcrap deal was just adjudicated in December.. Pretty tough to conspire with people you are ordered to stay away from, and of course, that all makes no sense, because I have been trying to put the people in jail I am accussed of conspiring with???

    Could there be more??? Let’s see.. A little in house info.. One of the plantiffs, Keith Deering, hardly the force behind the suit, but one of the plantiffs, is a fellow LDS member who invested $5Million of his and his families money in CME and sought out and caused other fellow LDS friends to invets over $20Million more. He and Whiting go back YEARS, to the formation of Garvick Properties, before there was a CME.. Deering, along with 5 other large shareholders approached me in November 2008 to bring an investor in, buy the publisher FireSky, take over the company, oust Whiting, and finish the Stargate name..

    In fact ,Deering and two fellow LDS friends and investors set up the meeting with Whitng on January 6, 2009 when I was served the Workoplace Harrassment suit. Unfortunately Deering is up to his ears in this deal.. Maybe it is all of the inside info he shared with me or the 3 tapes I have of our conversations that have him concerned.. C

    Come on Jack, put your superslueth hat on and get to the bottom of this……

      (Quote)

  10. I especially like how Bob repeated the same info and directed it at Patrick and Jack. And yes, we all find it interesting that once again he is part and parcel to another legal action. Of course, he didn’t do anything wrong, in his own mind. However, the Judge may have a different opinion.

    I also wonder if he informed the people he taped, and if it will be admissible. Maybe his previous Court Appointed attorney could tell him. Usually, the credibility of a convicted felon doesn’t carry as well as someone never convicted of anything.

    Of course, this is a bogus lawsuit, according to Guenther, just like the one he had Friedman file against Jack. And we see how well that turned out for Bob and Larry. Let’s see how Bob fairs in yet another legal problem. Now we know why he has a lawyer in so many cities and states.

      (Quote)

  11. Bob:

    This is not about Whiting or any of the other people named in the lawsuit as defendants. This is about you and your continuation of pulling off one scam after another and then always blaming it on some one else.

    Why would I want to help you?

    You sir are what you are and that is news. It does not take a rocket scientist to see through your smoke screen. Many of us here have put up with your abusive behavior including Patrick and now you want our help. Come on be real. The only help that I am going to give is to the Plaintiff’s and their Attorney’s. Unfortunately, you believe that these Attorney’s are not going to be interested in the information that was sent to them. Well, Bob you are wrong since I have received a response last night after they received my information concerning your previous actions in both Jaffa and the ASDMBA. Now you will have to account for where the money came from and that sir is going to be a major problem for both you and the Law Firm since they wrote up both of the agreements. I also pointed out that these same members of your down line have been part of every scam you have been in.

    So you see Bob I do have my Super Sleuth hat on.

    Have a great day…I WILL!

      (Quote)

  12. Q) But why did they say Bob was a female in the filing?

    A) Maria?

    And I kind of hate to admit but convicted felon bob Guenther is actually peripheral to the meat of this suit, although….I have never figured out just by what logic Bob has not yet refunded all of the Jaffa partners. It is an undisputed fact that Bob got the money back. It is also an indisputed fact that the conditions under which Jaffa recived the money in the first place, from at least some investors, was illegal and that money should have never gone anywhere until he had signed parnership agreements from the peopl who sent it. Forget all the other stuff, that right there is at very least securities fraud, the failure to refund it after it has been requested is securities fraud and likely unlawful conversion. Seeing how these and other possible charges relate to Bob’s previous felony conviction for bank fraud, a littel pushing on that front could have Bob staring at a sentencing guideline of 125-180 months(that’s 12 to 15 years kids) and there isn’t any parole in federal prison. Bob has much bigger problems than a civil suit, but he’s prolly too stupid to know it yet.

      (Quote)

  13. Ill comment on this once.. Then all you folks can banter among yourselves in fantasy land..

    Bob’s previous FELONY is for one count of not paying “a car off on time”… And if you would do a little reasearch you , or for that matter, any decent lawyer, would tell you it is not material, having occurred over 20 years ago.. If you actually were a investigator, with some real digging and a little more research, instead of shooting off your illiterate mouth, you would know I was offered, and turned down two pardons, and have all my constititional rights restored..

    In the sentencing report for the Workplace Harrassment charge in Maricopa County, the prosecutor didn’t even have the felony on my sentencing report, when we pointed it out to the Judge, the Judge agreed it was not relevant.. You remember Jack, that was where you said you sent all kinds of information to the Judge and prosecutor. The one where I was going to be wearing PINK and staying in the desert tents..The record will show all charges dismissed, a misdemeanor plea and a small fine.. Well worth the end result caused for Whiting..

    This lawsuit has just filed, 75% of the people have not been served, and when the motion for dismissal comes up, chances are it will be totally dismissed or certain parties listed in the suit will be removed. It is for the sole purpose of removing Whiting and attempting to keep others from taking over the company.. The bankruptcy filing throws a interesting twist to it, but it really helps our fight.. ALL OF THIS is so far over you head, it really doesnt make sense to give you nay more info..

    Patrick could do his purported job and expose this scam, but he has let his emotions take over whatever shread of journalistic professionalism he might have had..

    Ill get back to you as soon as Jaffa Partners and I are withdrawn from the suit.. Initial documentation exchanged lawyers hands today..

      (Quote)

  14. Gregg,

    First you have no idea what you are talking about.. All of the Jaffa Partners, LP investors money was received by and deposited with CME. A preliminary stock certificate was issued. All of this was documented with and filed with the State of Texas and my CPA..

    Your ignorant statements are typical of a uninformed individual thinking you can form any opinion with 2nd or 3rd hand internet information.

    The partners know what rights they have, they know what risks there was, they know where the partnership money was deposited upon receipt from CME, and they know the status of our suit..

    They know everything you dont, because they have the right to know, you, nor anyone else, has a right to know a thing about our affairs..

    Your statements really show your ignorance..

      (Quote)

  15. RLG: Ill comment on this once.. Then all you folks can banter among yourselves in fantasy land..

    Bob’s previous FELONY is for one count of not paying “a car off on time”…

    Actually, your one prior felony was for bank fraud. You initially were charged with 11 counts. You said you would not roll over on your S&L partners and described prosecutor Michael Savage as ““the little Volvo driving idiot of a Prosecutor.”

    Here’s how your defense counsel described Savage, who’d cut you a break:

    “In fact, the final, successful sentencing disposition of the case was achieved in part as a result of Mr. Savage’s full compliance with certain ‘gentleman’s agreements’ favorable to Bob Guenther which other prosecuting attorneys may not have honored.”

    You, on the other hand, said, “I had to be restrained and was escorted out of the courtroom…”

    RLG: or for that matter, any decent lawyer, would tell you it is not material, having occurred over 20 years ago..

    Actually, you were indicted on July 24, 1994, less than 16 years ago.

    http://patrickpretty.com/wp-content/uploads/2009/09/guentherdocket.pdf

    The judge in Arizona must have thought it material, as it was added by judicial order to your plea agreement in December:

    “IT IS ORDERED amending paragraph five of the plea agreement to reflect the defendant has one prior felony conviction.”

    http://patrickpretty.com/wp-content/uploads/2010/02/BobCriminal-m4016741.pdf

    RLG: instead of shooting off your illiterate mouth, you would know I was offered, and turned down two pardons, and have all my constititional rights restored..

    Offered? Turned down?

    Here is what you said on March 21, 2009:

    “I can also provide you with two judical reviews encouraging me to process a request for a Presidential pardon, but then a pardon would mean I did something, which I did not. I will except nothing less than the charges be expunged.”

    Now, as noted above, you’re saying you were “offered, and turned down two pardons.”

    We plowed this ground before. Did you forget?

    http://patrickpretty.com/2009/09/30/asd-mainstay-bob-guenther-lectures-federal-prosecutor-says-hell-call-on-political-connections-to-embarass-justice-department-claims-maricopa-county-sheriff-joe-arpaio-not-tough-enough-on-crime/comment-page-1/#comment-6921

    RLG: This lawsuit has just filed, 75% of the people have not been served, and when the motion for dismissal comes up, chances are it will be totally dismissed or certain parties listed in the suit will be removed. It is for the sole purpose of removing Whiting and attempting to keep others from taking over the company..

    Did you invest money and get it back before other investors? If so, how did that come about?

    RLG: The bankruptcy filing throws a interesting twist to it, but it really helps our fight..

    “Our” fight? Right now you’re a defendant. The plaintiffs seem to want to know whether you were unjustly enriched through some kind of transaction or series of transactions that caused you to receive money to the detriment of the company.

    And there are public reports that at least one person and as many as four who went in through Jaffa did not receive any money back. Unfortunately, that may put you and them in an awkward spot unless you can persuade the plaintiffs nothing underhanded happened.

    The reason it appears that something underhanded might have happened are the claims you received money back, but the others did not. If this is the case, then as many as four people who innocently went in through Jaffa may have a problem you helped to create.

    I can accept that there is a plausible explanation, but it seems as though it’s going to be up to you to deliver it in Arizona and perhaps even in the bankruptcy proceeding.

    What makes it look unseemly — and again, I accept there may be a plausible explanation — is the timing of the transactions. You were running ASDMBA at the same time, and some people said they do not know what happened to that money.

    RLG: The partners know what rights they have, they know what risks there was, they know where the partnership money was deposited upon receipt from CME, and they know the status of our suit..

    Who is “our?” Did you file suit, too? Or are you referring to the lawsuit in which you are a defendant?

    RLG: Ill get back to you as soon as Jaffa Partners and I are withdrawn from the suit..

    And to think that, just this morning, you were saying you had tape recordings harmful to the plaintiffs and suggesting you might wish to remain a defendant.

    Patrick

      (Quote)

  16. Patrick,

    Everything you quote is “old news, and isn’t as you would say, “On Topic”, because it isnt relevant to this suit.. Once again, why dont you concentrate on CME/MMOGULS .. You are the reporter of Ponzi’s and frauds, right? You can do a little research and find out these same two crooks pulled the same thing in 1995 with a company named Para Mas, and the cofounder Fred Gagon was permanently barred from ever representing a security in the State of Arizona..

    This is a $100Million dollar plus fraud/Ponzi and you cant report on it, your focus is on me and some 20 year old “felony”..Why not contact my attorney, Mike McCullouch, Ill give him authority to answer your questions.. I said it occurred over 20 years ago, and it did, the date of the purported fraud was in 1987.. The Feds came at me 2 months before the statue of limitations expired.. And so what?? This is news?? I had to be restrained in the courtromm, where do you get your misinformation from..?? Maybe you should contact a certain reporter for Channel 8 news who was in the courtroom and get first hand what went down.. Get your facts straight Patrick, I have nothing to hide, Ill tell you anything you ask, if you report everything the way it really is, not the way you might imagine it to be..

    Once again, the Judge in Arizona didnt even know about it, my attorney corrected the record when the plea was made, the prosecutor didnt even know about it. and so what?? A misdemeanor and a $500 fine, so what?? People get fined more than that in Arizona for speeding..

    AS for the ASDMBA, I dont know why you just dont go to http://www.asdmba.com, I put it back up just for you.. Look for yourself where the funds went. The reconciliation is right there on the site, has been for over a year. A independent CPA has verified it and prepared tax returns.. Where is the mystery?? Better yet, have a member call the lawfirm, Friedman and Feiger, Ive authorized the release of the legal bills to any member in good standing.. Funny thing about most of the complainers, they never contributed a dime to the ASDMBA. There is also a listing of those who contributed to the ASDMBA.. It reflects the first name and the Panda/LaFuente/ASD member number. The members voted in majority to not post the last names. Ask Arons or some of the others for their ASD member number, then check my recap..

    And as for the return of the Jaffa Partners money. There is absolutely nothing illegal, sinister or wrong with the return. Whiting returned the Jaffa Partners money, not on my request, I never made such a request. He sent back the money because he thought I would simply go away and by wiring the money back to my bank, would preclude me from having or filing any type of shareholders claim.. He was wrong..

    Also, each remaining partner stayed in for the upside.. It was only after the downturn in the economy and the lenght of time it was taking for me to adjudicate the Workplace Harassment suit did two members request the return of the money.. In reality, I dont have to return a dime and could easily offset all my legal fees against the Partners. Instead I have paid the fees out of pocket and have not charged the partnership a dime.. That’s really about all you need to know about our “private” business.

    Why not concentrate on the CME/MMOGULS story.. Go to http://www.MMORPG.com or http://www.tentonhammer.com, you will get a eyefull..

      (Quote)

  17. RLG: I had to be restrained in the courtromm, where do you get your misinformation from..??

    The source for this is you:

    “As a footnote, as I walked out of court that day, the little Volvo driving idiot of a Prosecutor, Michael Savage, USAAG, grabbed my hand and said, ” I am happy you got justice today”.. I had to be restrained and was escorted out of the courtroom…” — March 25, 2009

    Patrick

      (Quote)

  18. Bob,
    Did you have signed and correct partnership agreements that tied to all money you sent on behalf of JAFFA Partners to CME?

    If you didn’t, that could be anything from a clerical mistake to Securities Fraud, depends on who is making the dicisions on that one, but by the letter of the law, you HAD to have those documents before you could even deposit that money into JAFFA accounts. You didn’t. Some of the investors you didn’t have them for wanted their money back and last I had heard you wouldn’t give it to them. That kind of takes the ‘clerical mistake” option out of the decision makers discretion, if you don’t think that’s a problem, either give them their money or get a better lawyer.

    Did you get all the money you sent to CME back?

    and if you did, Have you returned all of it to the people who have asked?

    And there is no such charge as “not paying off a car”. It was Bank Fraud, very specifically you borrowed money and put up certain assets (the cars) for collateral. then you sold the assets, and didn’t pay off the loans. It didn’t happen once (that clerical mistake option again) it happened 11 times. Felony.

    rookie…

      (Quote)

  19. Then why not print it that way in the first place.. The way you wrote it:

    Here’s how your defense counsel described Savage, who’d cut you a break:
    “In fact, the final, successful sentencing disposition of the case was achieved in part as a result of Mr. Savage’s full compliance with certain ‘gentleman’s agreements’ favorable to Bob Guenther which other prosecuting attorneys may not have honored.”
    You, on the other hand, said, “I had to be restrained and was escorted out of the courtroom…”

    The implication was I had to be physically restrained.. Big difference between refusing to shakes hands and having my lawyer restrain me from saying something.. And the defense counsel “cut me a break” because he had no choice. He was reassigned and subsequently fired right after my case..

    But again I ask, is this news???

    WHY WONT YOU REPORT ON THE Cheyenne Mountain Entertainment fiasco??
    Do you need someone else to do all the leg work so you can just publish what is already written??

      (Quote)

  20. Any transparency coming from you any time soon? I mean before your court date that is.

      (Quote)

  21. Gregg,

    Since I have a little time tonight and since you seem to be good with small numbers, see if you can comprehend my lawyers statement in my PreSentence Report.

    “From 1984 to the middle of 1988 Heritage sold and made payments on some 4000 vehicles to City National Bank, representing over $36,000,000 in principal payments alone. This was out of a total sales volume of 22,000 new and used vehicles, representing over $236,000,000 in floor plan payments during that time.”

    The rest of the report included the facts that my now insolvent 49% partner, a Texas S&L, recently taken over by the FDIC and my new partner the FHLB, held the same status at CNB. The same scenario played out at 90% of the Texas banks, including City National Bank. After two years of litigation and hundreds of thousands of dollars in legal fees, the reality that I was not going to be able to “buy” the 49% from the Feds, I put the company in involuntary bankruptcy so I could sell the assets.

    The incompetent Feds, now running the defunct City National Bank, never filed a secured claim for the $76,134 in sales proceeds, although the money was readily available for over one year in the registry of the court, nor did they file a claim when I sold millions of dollars of the remaining assets to a third party.

    Instead dozens of criminal referrels were made to the Comptroller of the Currency, mine among them. Almost 7 years later,that document ended up on the desk of a FBI agaent and he decided to commence a criminal investigation.. I could go on and on, but if you dont get it by now, you never will..

    The factual evidence was considered by Judge Brown, that’s when he did something unprecedented in his court, he applied a downward departure of 6 levels from the Guidelines and gave be straight probation. The statute called for restitution and a fine up to $250,000. My fine was $25…

    Lets see, I paid $236,000,000 as agreed in floor plan payments, $76,134 not paid off in time and no claim filed with the court by the creditor.. And I am charged with one count of bank fraud for less than $ 10,000.. And you dont see anything strange about this??

    Really doesnt make a bit of difference to me, you Ning 9 are just plain goofy, but for the others who might read this column, just some clarification…

      (Quote)

Leave a Reply