The Dorean criminal trial has begun...

Discussion of various forms of Advance Fee Fraud, including application fees for loans that never materialize, self-liquidating loan scams, as well as mortgage elimination scams and related debt elimination scams [Nigerian-type scams should go in the Nigerian 4-1-9 forum]
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Postby Prof » Fri Oct 19, 2007 7:35 pm

Thanks for the update, Demo. Sitting in a courtroom usually is very boring, as you illustrate. Have a good flight home.
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Postby Dr. Caligari » Fri Oct 19, 2007 8:26 pm

Can you say "404(b)", boys and girls? Every AUSA can. Over and over and over.


Was there a pretrial 404 (b) notice?
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Postby Judge Roy Bean » Fri Oct 19, 2007 9:49 pm

wserra wrote:
Dr. Caligari wrote:The prior conviction can't come into evidence unless Johnson takes the stand in his own defense.


Can you say "404(b)", boys and girls? Every AUSA can. Over and over and over.

(Yes, I know it depends on the nature of the previous conviction, but I felt like ranting.)


I believe there was a motion in limine and memorandum addressing that filed by the USAO some weeks ago - either that or it was addressed in the proposed jury instructions. I can't recall which.
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neodemes

Postby neodemes » Fri Oct 19, 2007 11:27 pm

Judge Roy Bean wrote:
wserra wrote:
Dr. Caligari wrote:The prior conviction can't come into evidence unless Johnson takes the stand in his own defense.


Can you say "404(b)", boys and girls? Every AUSA can. Over and over and over.

(Yes, I know it depends on the nature of the previous conviction, but I felt like ranting.)


I believe there was a motion in limine and memorandum addressing that filed by the USAO some weeks ago - either that or it was addressed in the proposed jury instructions. I can't recall which.


This may help:



SCOTT N. SCHOOLS (SCSBN 9990)
United States Attorney
BRIAN J. STRETCH (CSBN 163973)
Chief, Criminal Division
C. DAVID HALL (CSBN 66081)
BRIGID S. MARTIN (CSBN 231705)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: (415) 436-7168
FAX: (415) 436-7234
Attorneys for United States
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA )
) CR 05-00611 WHA
v. ))
KURT F. JOHNSON and ) GOVERNMENT'S MOTION IN
DALE SCOTT HEINEMAN, ) LIMINE TO ALLOW PRIOR
) CONVICTIONS TO IMPEACH
) DEFENDANT JOHNSON
Defendants._________)

The United States through its undersigned counsel hereby moves to admit a prior conviction suffered by defendant Johnson to impeach him should he testify. Federal Rule of Evidence 609 allows the admission of the prior for impeachment. The government contends that Rule 609(a)(1) and (a)(2) allow admission of the requested
prior. The defendant suffered at least four prior felony convictions, resulting in a state prison
term. The convictions were in July, 1992 at jury trial included three separate violations of the California Corporations Code. Those convictions were under Section 25541, using a fraudulent
scheme in the sale of securities, Section 25110, selling unqualified securities, and Section 25401, selling securities by means of false statements or omissions. Additionally, Johnson was
convicted of conspiracy to violate Corporations Code Sections 25110 and 25401, in violation of California Penal Code Section 182, as well as an aggravating circumstances of causing a loss in
excess of $100,000, in violation of Penal Code Section 12022.6. The defendant was sentenced originally to a prison term of 5 years, 8 months, which was later reduced to 23 months. These
convictions were affirmed on appeal by the California Sixth Appellate District on December 27, 1995.

In order to exclude the priors the Court must utilize a balancing test which includes the
five factors outlined by United States v. Browne, 829 F. 2d 760, 762-63 (9th Cir. 1987), cert
denied, 485 U.S. 991 (1988):
1) impeachment value of the prior;
2) the point in time of the conviction and the defendant's subsequent history;
3) similarity of the crime charged and the prior;
4) importance of the defendant's testimony; and
5) centrality of the defendant's credibility.
1) Impeachment Value
In a prosecution for conspiracy and wire fraud stemming from a fraudulent loan brokering scheme, impeachment evidence of a defendant's prior conviction for dealing in counterfeit
obligations and securities were properly admitted. Passing counterfeit securities was clearly a crime involving dishonesty and fraud. United States v. Cuozzo, 962 F.2d 945 (9th Cir.) Cert.
Denied, 506 U.S. 978 (1992).

Here , the defendant's priors involved the fraudulent sale of securities by conspiracy and scheme. Even more definitively than Cuozzo, these priors involve dishonesty and fraud. This factor should go to the government for all the defendant's prior convictions.

2) Time factor
Factor 2) weighs in favor of the government since defendant was out of custody only a few years prior to this offense, and the balance come out in the government's favor.

3) Similarity
The defendant's priors are similar to the charged offenses. However, United States v. Mehrmanesh, 682 F.2d 1303, held that where the testifying defendant might deny all involvement in trafficking (or fraudulent activity in this case), the defendant's prior narcotics
convictions should be given to the jury so that it could make an accurate evaluation of the trustworthiness of his testimony. This factor therefore favors the government.

Factors 4) and 5)
These also weigh in favor of the government as whenever a defendant takes the stand and denies having committed the charged offense, he places his credibility directly in issue. Browne, 829 F.2d at 764.

Conclusion
The government successfully bears the burden of showing that each of the requested priors's prejudicial effects is outweighed (substantially) by its probative value as the balancing factors in each instance tips substantially in favor of the government.

For the reasons stated above the defendant's motion should be denied.
DATED: September 5, 2007
Respectfully submitted,
SCOTT N. SCHOOLS
United States Attorney
_______________________________
C. DAVID HALL
Assistant United States Attorney
Northern District of California

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Postby Dr. Caligari » Fri Oct 19, 2007 11:46 pm

Like I said, it's not coming in unless Kurt testifies. (But somehow, I can't believe that an egomaniac like Kurt would turn down the chance to make a fool of himself in front of the jury).
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Postby Judge Roy Bean » Sat Oct 20, 2007 3:17 pm

If only memory of the rules serves, Johnson may have already opened the door if he's attacked the character of the alleged "victims" of their scam.

His almost continuous allegations that the "banks" are co-conspirators with the Courts in protecting their lending schemes should come back to haunt him.
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Postby Dr. Caligari » Wed Oct 24, 2007 6:23 pm

Has anyone heard anything about the continuing progress of the trial?

The Dim Duo's blog has retreated even further into incoherence than ever.
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Postby Demosthenes » Wed Oct 24, 2007 6:39 pm

The most recent docket entries.

10/16/2007 476 BRIEF on dress-out clothing by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/16/2007) (Entered: 10/24/2007)

10/16/2007 477 In Re denial of access to the court without due process of law as to Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/16/2007) (Entered: 10/24/2007)

10/17/2007 478 NOTICE of the underlying laws relevant to settlement and closure of this case by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/17/2007) (Entered: 10/24/2007)

10/18/2007 469 ORDER denying [466] Motion to Compel as to Dale Scott Heineman (1), Kurt F. Johnson (2); denying [467] Motion to Compel as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)

10/18/2007 470 ORDER denying [465] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)

10/18/2007 471 ORDER denying [468] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)

10/21/2007 472 NOTICE of Intent to Use Evidence by Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias United States' Notice of Expert Testimony Pursuant to Fed. R. Crim. P. 16(a)(1)(G) (Martin, Brigid) (Filed on 10/21/2007) (Entered: 10/21/2007)

10/21/2007 473 MEMORANDUM Re: Substitution of Trustee by USA as to Dale Scott Heineman, Kurt F. Johnson (Hall, C.) (Filed on 10/21/2007) (Entered: 10/21/2007)

10/21/2007 474 NOTICE RE: Intent to Use Evidence by USA as to Dale Scott Heineman, Kurt F. Johnson (Hall, C.) (Filed on 10/21/2007) (Entered: 10/21/2007)

10/22/2007 479 NOTICE of affidavit of non involvement in a conspiracy for rebuttal to alleged co-conspirators William Julian, Farrel Lecompte, and Charles Tobias by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/22/2007) (Entered: 10/24/2007)

10/22/2007 480 MOTION to issue order for service of subpoenas with order by Dale Scott Heineman, Kurt F. Johnson. (rhw, COURT STAFF) (Filed on 10/22/2007) (Entered: 10/24/2007)

10/24/2007 481 ORDER DENYING MOTION TO ISSUE ORDER FOR SERVICE OF SUBPOENAS WITH ORDERdenying [480] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 22, 2007. (whalc2, COURT STAFF) (Entered: 10/24/2007)

10/24/2007 482 ORDER RE NOTICE OF APPEAL DESIGNATION OF THE RECORD as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias. Signed by Judge William H. Alsup on October 23, 2007. (whalc2, COURT STAFF) (Filed on 10/24/2007) (Entered: 10/24/2007)
Demo.

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Postby Demosthenes » Wed Oct 24, 2007 6:42 pm

472 is interesting, and clears up that nonsense about using only the internet to determine that the Dorean Swiss bank is a flower shop.

http://www.cheatingfrenzy.com/johnson472.pdf
Demo.

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Postby Dezcad » Wed Oct 24, 2007 6:58 pm

Demosthenes wrote:The most recent docket entries.

10/16/2007 476 BRIEF on dress-out clothing by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/16/2007) (Entered: 10/24/2007)

10/16/2007 477 In Re denial of access to the court without due process of law as to Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/16/2007) (Entered: 10/24/2007)

10/17/2007 478 NOTICE of the underlying laws relevant to settlement and closure of this case by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/17/2007) (Entered: 10/24/2007)

10/18/2007 469 ORDER denying [466] Motion to Compel as to Dale Scott Heineman (1), Kurt F. Johnson (2); denying [467] Motion to Compel as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)

10/18/2007 470 ORDER denying [465] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)

10/18/2007 471 ORDER denying [468] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)

10/21/2007 472 NOTICE of Intent to Use Evidence by Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias United States' Notice of Expert Testimony Pursuant to Fed. R. Crim. P. 16(a)(1)(G) (Martin, Brigid) (Filed on 10/21/2007) (Entered: 10/21/2007)

10/21/2007 473 MEMORANDUM Re: Substitution of Trustee by USA as to Dale Scott Heineman, Kurt F. Johnson (Hall, C.) (Filed on 10/21/2007) (Entered: 10/21/2007)

10/21/2007 474 NOTICE RE: Intent to Use Evidence by USA as to Dale Scott Heineman, Kurt F. Johnson (Hall, C.) (Filed on 10/21/2007) (Entered: 10/21/2007)

10/22/2007 479 NOTICE of affidavit of non involvement in a conspiracy for rebuttal to alleged co-conspirators William Julian, Farrel Lecompte, and Charles Tobias by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/22/2007) (Entered: 10/24/2007)

10/22/2007 480 MOTION to issue order for service of subpoenas with order by Dale Scott Heineman, Kurt F. Johnson. (rhw, COURT STAFF) (Filed on 10/22/2007) (Entered: 10/24/2007)

10/24/2007 481 ORDER DENYING MOTION TO ISSUE ORDER FOR SERVICE OF SUBPOENAS WITH ORDERdenying [480] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 22, 2007. (whalc2, COURT STAFF) (Entered: 10/24/2007)

10/24/2007 482 ORDER RE NOTICE OF APPEAL DESIGNATION OF THE RECORD as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias. Signed by Judge William H. Alsup on October 23, 2007. (whalc2, COURT STAFF) (Filed on 10/24/2007) (Entered: 10/24/2007)


I'm disappointed that the DD's filings are not available on PACER. I needed something fun and entertaining to read.......and some of these look like they would hit the spot.....

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Postby Judge Roy Bean » Wed Oct 24, 2007 10:24 pm

I finally have come to the conclusion that the nonsense not available for view on PACER wouldn't be worth the per-page copy fee, let alone the cab fare in SFO. From what's already available, it's pretty clear the non-ECF stuff from Johnson would just be more drivel that we've seen similar versions of.

The other thing I've come to realize over the last two years or so is the real number of people who give a rat's patoot about Dorean has been seriously overestimated.

In fact, if you balance the actual number of homeowner/borrower "victims" of the Dorean process against the number of actual Federal lawsuits against mortgage servicers who have abused real victims over the last three years, Dorean is a minor annoyance.

The short attention span of the media has moved off onto trying to point the finger at predatory lenders. The debt eliminator scammers just don't rate actual coverage.
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Postby Judge Roy Bean » Fri Oct 26, 2007 6:18 pm

None other than Todd Ellis Swanson is about to become a guest of the USMS:

"Defendants’ waive the attorney client privilege as to Thomas Spielbauer and Todd Swanson. Todd Swanson has not responded to the Government’s subpoena. Government’s motion for a warrant is granted.
Court ordered a No Bail Bench Warrant for failure to appear (18:3146) be issued as to Todd Ellis Swanson aka Todd-Ellis Swanson."


A taxpayer-expense-paid coast-to-coast trip is on the horizon for this doofus.
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Postby Demosthenes » Fri Oct 26, 2007 7:06 pm

Isn't he in Panama?
Demo.

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Postby Judge Roy Bean » Fri Oct 26, 2007 8:36 pm

Demosthenes wrote:Isn't he in Panama?


I know they extradited Jullian from Panama, so that might very well be where he wound up.
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Scott from Vineland

Update, anyone?

Postby Scott from Vineland » Fri Oct 26, 2007 9:39 pm

Now that our intrepid court reporter Demosthenes has departed the Bay Area, has anyone else out there seen fit to attend? The play by play for the first three days was riveting and I am jonesin' for more.

neodemes

Re: Update, anyone?

Postby neodemes » Fri Oct 26, 2007 9:44 pm

Scott from Vineland wrote:Now that our intrepid court reporter Demosthenes has departed the Bay Area, has anyone else out there seen fit to attend? The play by play for the first three days was riveting and I am jonesin' for more.


Hello Scott.

You could ask Dr. Fred to visit and give us an update.

That would be interesting.

:D

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Postby Demosthenes » Fri Oct 26, 2007 9:57 pm

From the Dorean blog.

God Surprised Me Again (October 20, 2007)

The day our trial began I had every intention of asking the jury to enter a guilty plea on our behalf. We have attempted to do this now about 15 times in this court including each plea agreement and they keep denying us our remedy. Well I did ask the jury to enter the guilty plea in our opening statements and the trial was stopped to discuss entering a guilty plea with the court. Judge Alsup made me an offer of a set of conditions I could not accept and we had to proceed to trial. God, Scott, and I had a brief conversation and His instructions were simple. "Take a free swing." Now for those of you who have God figured out you don't know Him. I am in one of the strangest situations in my life. I am taking my best shot at winning a trial I would rather lose from a tactical point of view. I can't explain all the reasons this is true because of my enemies surveillance of this site. What I can tell you is that if we get found guilty I would be happier, God knows men's hearts and all the conditions of this battlefield. I have to trust Him to guide me past my understanding. Regardless of the victory God has designed I am certain it is more thorough than my best calculations. Don't fear for us we are having a blast. It is fun having a trial shooting from the hip since we didn't prepare for it. We won the first week hands down but there are 3 more weeks at least to go. A record is being created and if we can manage to create a record of how banking is really done it will not disappear as much as they would like it to. I don't suspect that happening at the moment because Mr. Alsup is making every ruling possible to keep out that information. He is making sure none of the witnesses are qualified to talk banking including the experts. We had our first expert a Mr. Johnson who was a bank fraud specialist from the OCC. We have a bond guy named Mr. Post and perhaps Walker Todd. That is the extent of quality opinions. The rest is scared clients, employees, and government drones.

I want to say a very sincere thank you to those who have already testified Farrel LeCompte, Tim and Peggy McKay, Jeff Smith, Steven Gyman. All of you were honest. I know that all of you are hoping that I will prevail and be able to keep my promises but I am not offering this to you. We all need to rely upon the Lord whose promise that all things work together for the good to those who are called according to His purpose. I heard of your pains and I am very sorry for your suffering. My prayers are sincere for God's moment of restoration to all of you. I want to encourage you all not to fear for us or for your interest that we are defending. We are being obedient to the Lord and that is our strength.

I understand that our lady reporter is working for Quatloose. I recommend going to her site to get her facts. I will not be able to keep you as informed. Don't worry about her opinion just sift that out. I could only hope her opinion of how bad we are doing is true. Don't think I have a defeatists attitude it is quite the contrary. Unlike most of you I am not persuaded by the propaganda that make the lie appear real. I have studied my knowledge to a Gestalt and tested it to empirical certainty. That is why I take what appears to be risk to most of you. The truth of the matter is I am very conservative always betting on the sure thing. Know that you are all loved and respected. Go to the throne of heaven and find your peace and I'm certain your prayers for us will change. Be well and of good cheer your God knows you and has long since devised the plans He is executing for you this day.
Demo.

Pauligirl

Postby Pauligirl » Sat Oct 27, 2007 1:39 am

Judge Roy Bean wrote:None other than Todd Ellis Swanson is about to become a guest of the USMS:

"Defendants’ waive the attorney client privilege as to Thomas Spielbauer and Todd Swanson. Todd Swanson has not responded to the Government’s subpoena. Government’s motion for a warrant is granted.
Court ordered a No Bail Bench Warrant for failure to appear (18:3146) be issued as to Todd Ellis Swanson aka Todd-Ellis Swanson."


A taxpayer-expense-paid coast-to-coast trip is on the horizon for this doofus.


Wonder where he's working now? His CPA license was revoked by NC, SC and the IRS.

Todd Ellis Swanson, #23573
Greenville, SC 08/21/2006
THIS CAUSE coming before the Board at its offices at 1101 Oberlin Road, Raleigh,
Wake County, North Carolina, at public hearing, with a quorum present,
the Board finds, based on the evidence presented at the hearing on
August 21, 2006, that:
FINDINGS OF FACT
1. The parties have been properly identified;
however, Respondent has claimed to be and is also known as "Todd-Ellis; Swanson."
2. The Board has jurisdiction over the Respondent and this matter.
3. Respondent received at least fifteen (15) days written Notice of Hearing of
this Matter by personal service, certified mail, or other approved personal delivery.
4. Venue is proper and the Notice Hearing was properly held at 1101 Oberlin
Road, Raleigh, North Carolina.
5. Respondent had no objection to any Board Member's participation in the
Hearing of this Matter.
6. Respondent was not present at the Hearing and was not represented by
counsel.
7. Respondent was the holder of a certificate as a Certified Public Accountant
in North Carolina and is therefore subject to the provisions of Chapter 93 of the
North Carolina General Statutes (NCGS) and Title 21, Chapter 8 of the North
Carolina Administrative Code (NCAC), including the Rules of Professional Ethics
and Conduct promulgated and adopted therein by the Board.
8. In November of 2004, the Board received a complaint from a representative
of Chevy Chase Bank, F.S.B., regarding letters prepared and signed by Respondent
in support of an unlawful mortgage debt elimination scheme.
9. In February of 2005, the Board received a complaint from a representative
of Downey Savings and Loan Association, F.A., regarding letters prepared
and signed by Respondent in support of an unlawful mortgage debt elimination
scheme.
10. These complaints were also filed with the South Carolina Board of Accountancy
since Respondent is licensed in both jurisdictions; however, Respondent
lives and works in South Carolina.
11. Pursuant to a hearing before the South Carolina State Board of Accountancy
on October 27, 2005, the South Carolina State Board of Accountancy
entered a Final Order (Attachment 1) which was signed and issued on
December 30, 2005, in the matter of Todd Ellis Swanson, CPA, a/k/a
Todd-Ellis; Swanson, CPA, License #4808.
12. The South Carolina State Board of Accountancy, based upon a preponderance
of the evidence on the whole record, determined the Findings of Fact as listed
in the Final Order pages 1 -3, numbers 1-
10.
13. The South Carolina State Board of Accountancy, based upon careful consideration,
determined the Conclusions of Law as listed in the Final Order pages
3-5, number 1-8.
14. In the Final Order, the South Carolina State Board of Accountancy revoked
Respondent's South Carolina certificate and ordered that Respondent could not
apply for the issuance of a new South Carolina certificate for a period of not
less than three (3) years.
CONCLUSIONS OF LAW
1. Respondent's conduct which resulted in the revocation of his South Carolina
certificate, and the revocation itself, and Respondent's preparation and distribution
of an opinion letter that is inconsistent with generally accepted accounting
principles and that could be misinterpreted by or mislead the reader are
violations of NCGS 93-12(9)d and e, and 21 NCAC 8N .0201, .0202, .0203,
.0207, .0210, .0212, .0301(a), .0303, and .0305.
BASED ON THE FOREGOING, the Board
orders in a vote of 7 to 0 that:
1. The Certified Public Accountant certificate issued to Respondent, Todd Ellis
Swanson, is hereby permanently revoked.
http://www.nccpaboard.gov/Clients/NCBOA ... 0-2006.pdf







Emergency Order of Revocation and Notice
Todd Ellis Swanson, #23573
Greenville, SC 05/18/2006
Upon substantial evidence including sworn complaints, the Board finds that Respondent has engaged in general and
specific conduct demonstrating that he is no longer fit to continue to hold a certificate as a Certified Public Accountant.
Specifically, during the period of time in which he has been a licensee and has been engaged in rendering accounting
services to the public, there is substantial evidence that Respondent committed each of the following acts or omissions
in violation of the North Carolina accountancy laws and rules (GS §93-12(9)d and e, and 21 NCAC 8N .0201,
.0202, .0203, .0207, .0210, .0212, .0301(a),
.0303, and .0305):
1. In November of 2004, the Board received a complaint from a representative of Chevy Chase Bank, F.S.B., regarding
letters prepared and signed by Respondent in support of an unlawful mortgage debt elimination scheme.
2. In February of 2005, the Board received a complaint from a representative of Downey Savings and Loan Association, F.A., regarding letters prepared and signed by Respondent in
support of an unlawful mortgage debt elimination scheme.
3. These complaints were also filed with the South Carolina Board of Accountancy since Respondent in licensed in
both jurisdictions; however, Respondent lives and works in South Carolina.
4. Pursuant to a hearing before the South Carolina State Board of Accountancy on October 27, 2005, the South Carolina State Board of Accountancy entered a Final Order (Attachment 1)
which was signed and issued on December 30, 2005, in the matter of Todd Ellis Swanson, CPA, a/k/a Todd-Ellis;Swanson, CPA, License #4808. 5. The South Carolina State Board of
Accountancy, based upon a preponderance of the evidence on the whole record, determined the Findings of Fact as listed
in the Final Order pages 1 -3, numbers 1-10.
6. The South Carolina State Board of Accountancy, based upon careful consideration, determined the Conclusions of Law as listed in the Final Order pages 3-5, number 1-8.
7. In the Final Order, the South Carolina State Board of Accountancy revoked Respondent's South Carolina certificate
and ordered that Respondent could not apply for the issuance of a new South Carolina certificate for a period of not
less than three (3) years.
8. The Board finds that in light of the seriousness of the allegations and substantial evidence establishing the conduct
in question, as well as evidence of the imminent danger of continued and irreparable harm to the public, the public
welfare requires this emergency action. The Board therefore issues this Emergency Order, pursuant to NCGS §150B-3(c), to revoke Respondent's certificate as a Certified Public Accountant. This Order is effective immediately at the time of service of this Order upon Respondent, and shall remain in effect until this proceeding may be concluded pursuant to
NCGS §150B. This Order shall constitute the Notice of Hearing to be held for this matter in the Board Office on August 21, 2006, at 10:00 a.m.



http://www.irs.gov/irb/2007-20_IRB/ar09.html
Expedited Suspensions From Practice Before the Internal Revenue Service
Under Title 31, Code of Federal Regulations, Part 10, the Director, Office of Professional Responsibility, is authorized to immediately suspend from practice before the Internal Revenue Service any practitioner who, within five years from the date the expedited proceeding is instituted (1) has had a license to practice as an attorney, certified public accountant, or actuary suspended or revoked for cause or (2) has been convicted of certain crimes.
The following individuals have been placed under suspension from practice before the Internal Revenue Service by virtue of the expedited proceeding provisions:

Swanson, Todd-Ellis Greenville, SC CPA Indefinite from January 20, 2007

His side
http://www.mail-archive.com/libertarian ... 00709.html

Guess the magic ; didn't work.

Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3540
Joined: Tue May 17, 2005 7:04 pm
Location: West of the Pecos
Contact:

Postby Judge Roy Bean » Sat Oct 27, 2007 3:41 am

6. Respondent was not present at the Hearing and was not represented by counsel.


That pretty much explains it: "I'm right, they're wrong and it won't do me any good to try and teach them so I just won't show up. Besides, when the Dorean trial vindicates all of us I'll be sharing in the trillions their bonds obligated the treasury and all the banksters to pay out. Rock on."

The psychological breakdown that takes place in these situations is apparently something the perpetrators never seem to have felt a need to prepare themselves for. In their imaginative world they carry the sword of something or other that will blind or disable the forces of evil.

They seem to think professionals in law enforcement are just ignorant drones who haven't had the benefit of things like analysts' briefings or the Internet.

Can you imagine how far off into the weeds you'd have to be to actually pull up stakes and get out of the country? God help the dependent family members of whackos who pull stunts like this who think they're making a point or getting away permanently. You have to have millions and millions to spread around to stay out of custody.

Message to Todd-Ellis Swanson;twit: Dude, drop the fantasy pose. You're not on the level of the untouchables and never will be. Your allegiance to BS has cost you your livelihood and professional credentials, now it's about to treat you to some ugly experiences. (No offense to the USMS, but you gotta admit even the most professional treatment just ain't the most pleasant experience for the average citizen. Being taken in, processed and transported is not a walk in the park. Sure, you'll survive it but you'll never watch the TV cop shows with the same attitude.)

'Round here, you'd already be cleaning stalls and digging ditches for the better part of the winter.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three

Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3540
Joined: Tue May 17, 2005 7:04 pm
Location: West of the Pecos
Contact:

Postby Judge Roy Bean » Sat Oct 27, 2007 2:49 pm

CaptainKickback wrote:He might be working as a casual, cash only, day laborer, living in some crappy little flophouse or renting a room ion some little podunk backwater that is 30 minutes from nowhere.

Bets he is found in Montana, or the Dakotas? Maybe Michigan?


Then again, I don't think he's actually had anything to run from until now.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three


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