User-agent: * Allow: / Legal news, political opinion, Satire, and lawyer thinking by Tim Paynter, Attorney at Law: 2010-02-07

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Saturday, February 13, 2010

Crooks sell stolen guns, property, narcotics to under cover resale shop, tony tones all things fine ain't so fine!


Now buying Stolen property,
firearems, narcotics
Resale shop open again for business
Tony tones all things fine pays cash!

Well the ATF didn't quite say it that way.  But they got the word out, if you want to move merchandise, including stolen items, drugs, guns, especially narcotics, the 1200 block of Broadway in Rockford Illinois is the place to be. 

You know the rest of the story.  The bad guys get the gang bang in prison.  Beginning in April 2009 lots of thugs, thiefs and drug dealers heard that the managers of a new resale shop were willing to purchase firearms, stolen property and narcotics and, soon, business was brisk. During the next six months, the managers of “Tony Tones All Thangs Fine” purchased more than 50 firearms, including a dozen sawed-off shotguns, many by convicted felons, a big mistake for them. 
"ATF agents and other law enforcement authorities had installed hidden and disguised video equipment"

By the end of October 2009, local, state and federal law enforcement authorities, led by Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents, removed the hidden video equipment that recorded the bad guys learning the hard way...again.

Up to 18 local people who alledgedly decided to make a life of crime were arrested today.  Of those, eight Rockford residents were indicted on federal charges and 10 others face state charges.

According to the official press release, "A federal grand jury in Rockford on Tuesday returned eight separate sealed indictments, each charging a single defendant with firearms and/or narcotics offenses stemming from the undercover investigation. According to one indictment, the undercover resale shop was managed between April and October 2009 by two cooperating individuals, each of whom had previously been convicted of a felony.
"This represents the best of law enforcement to make this community a safer place to live.”

Before opening the store, ATF agents and other law enforcement authorities had installed hidden and disguised video equipment that allowed officers, who were operating the video surveillance equipment from the back room of the store, to view and secretly record individuals who entered the back office area to illegally sell firearms and contraband. The store managers each wore a transmitter that allowed agents to listen in on and secretly record conversations regarding the alleged illegal transactions."

Winnebago County Sheriff Meyers said: “Cooperation between local, state and federal agencies has again led to the successful conclusion of a long-term undercover case. This represents the best of law enforcement to make this community a safer place to live.”

"Si te vendes drogas a la policia, vendras a pagar un precio!"

Details of each of the eight federal cases follow:

Marcus J. Causey, 24, of Rockford, was charged in a 20-count indictment in connection with allegedly illegally selling 16 firearms — seven shotguns, six handguns and three rifles — between May 4 and Aug. 18, 2009. He was charged with one count of selling 16 firearms without a federal firearms dealer’s license, 13 counts of selling firearms to a convicted felon, five counts of possessing unregistered sawed-off shotguns, and one count of possessing a shotgun with an obliterated serial number.
"'Frog,' of Rockford was charged in a 20-count indictment with allegedly illegally selling nine firearms, including five shotguns"

The indictment lists the firearms that Causey allegedly illegally sold as: an Excam .38 caliber two-shot derringer; a Winchester 16 gauge shotgun; a Harrington & Richardson 12 gauge shotgun; a Winchester 12 gauge shotgun; a Colt .32 caliber pistol; a Remington 12 gauge shotgun; an Iver Johnson double barrel 12 gauge shotgun; a Remington .243 caliber rifle; a Charter Arms .22 caliber rifle; a Stevens 12 gauge shotgun; a Savage 20 gauge shotgun; a Bryco Arms .380 caliber pistol; an Iver Johnson .38 caliber revolver; a Harrington & Richardson .32 caliber revolver; a Marlin .22 caliber rifle; and a Heritage Manufacturing .22 caliber revolver;

Derell C. Valentine, 25, also known as “Frog,” of Rockford was charged in a 20-count indictment in connection with allegedly illegally selling nine firearms, including five shotguns, on various dates in May 2009. He was charged with one count of selling nine firearms without a federal firearms dealer’s license, nine counts of being a previously convicted felon in possession of a firearm, seven counts of selling firearms to a convicted felon, three counts of possessing unregistered sawed-off shotguns;
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Darrius D. Parker, also known as “D Block,” 27, of Rockford, was charged in a four-count indictment with firearms and narcotics offenses. He was charged with two counts of being a convicted felon in possession of a firearm, one count of distribution of approximately 40 Ecstasy tablets, and one count of distribution of approximately 46.6 grams of crack cocaine;

Marcus Anderson, also known as “Leroy,” 22, of Rockford, was charged in a four-count indictment in connection with allegedly illegally selling seven firearms, including two shotguns, on various dates between June and August 2009. He was charged with one count of selling seven firearms without a federal firearms dealer’s license and three counts of selling firearms to a convicted felon;

Tyrone M. Smith, also known as “T.Y.,” 32, of Rockford, was charged in a five-count indictment in connection with allegedly illegally selling five firearms, including two shotguns, on various dates between May and August 2009. He was charged with one count of selling five firearms without a federal firearms dealer’s license, three counts of selling firearms to a convicted felon, and one count of possessing an unregistered sawed-off shotgun;
"Jarrett Leon Lewis, also known as “Nation,” was charged being a convicted felon in possession of firearm"

Edward M. Ingram, also known as “E-Dub,” 22, of Rockford, was charged in a three-count indictment with one count of selling a firearm to a convicted felon, one count of distribution of approximately 56.9 grams of crack cocaine, and one count of possession with intent to distribute approximately one-half gram of heroin;
 
"Adan E. Ibarra, 17, 11 counts Aggravated Unlawful Use of Weapons"

Brendon R. Turner, also known as “Black,” 22, of Rockford, was charged in a two-count indictment with one count of being a convicted felon in possession of firearm and one count of distribution of approximately two grams of crack cocaine; and

Jarrett Leon Lewis, also known as “Nation,” 26, of Rockford, was charged in a two-count indictment with one count of being a convicted felon in possession of firearm and one count of distribution of approximately 1.4 grams of crack cocaine.

The maximum penalties on each count of the federal offenses charged in these indictments are as follows: being a convicted felon-in-possession of a firearm, selling a firearm to a convicted felon, and possessing an unregistered sawed-off shotgun — 10 years in prison; selling firearms without a federal firearms dealer’s license, and selling a firearm with an obliterated serial number — 5 years in prison, and each count carries a maximum fine of $250,000. Each of the federal narcotics distribution counts carries a maximum penalty of 20 years in prison, except the crack cocaine count against Ingram carries a mandatory minimum sentence of 10 years and a maximum of life in prison, and the crack cocaine count against Parker carries a mandatory minimum of 5 years and a maximum of 20 years in prison.

The state defendants and charges against each are:

Jesse Leach, 47, violation of the Controlled Substances Act (delivery of Hydrocodone) (Class 2 felony);
"Everyone has the right to the presumption of innocence
 until proven guilty"

 Lorenzo Lipscomb, 45, violation of the Controlled Substances Act (delivery of Hydrocodone) (Class 2 Felony);

Skyanne B. Rentsch, 21, Unlawful Distribution of a Lookalike Substance (Class 3 Felony);

Eddie Roberson, 52, two counts Aggravated Unlawful Use of a Weapon (Class 4 Felonies) and two counts Unlawful Sale of Firearms (Class 4 Felonies);

Raul Rodriguez, 18, two counts Aggravated Unlawful Use of Weapons and Unlawful Sale of Firearms (Class 4 Felonies);

Sierra Taylor, 23, violation of the Controlled Substances Act (delivery of cocaine) (Class 1 Felony);

Torrence M. Taylor, 24, five counts Aggravated Unlawful Use of Weapons and two counts Unlawful Sale of Firearms (Class 4 Felonies);

Israel O. Barnabas, also known as “Michael Harrington,” 31, delivery of cocaine (Class 1 Felony) and Unlawful Distribution of a Lookalike Substance (Class 3 Felony);

Jacob M. Goldsmith, 18, two counts Aggravated Unlawful Use of Weapons and Unlawful Sale of Firearms (Class 4 Felonies); and

Adan E. Ibarra, 17, 11 counts Aggravated Unlawful Use of Weapons and 7 counts Unlawful Sale of Firearms (Class 4 Felonies); Unlawful Use of Weapons (Class 3 Felony); and Gunrunning (Class X Felony)

Everyone has the right to the presumption of innocence until proven guilty in a court of law.  Let's see what happens.  All images are from google images and have nothing to do with this case or the defendants, nor are any of the images designed to represent guilty parties.

When the ATF supported by local law enforcement sets up a sting operation, a shop buying stolen goods, drugs especially narcotics, and guns you can bet they mean business.  This time it was "Tony Tones All Thangs Fine" in Rockford, Illinois.  Who knows where Sheriff Myers will look next.  You can bet Jacob Goldsmith, Eddie Roberson, Raul Rodriguez and many other alledged criminals will think twice about selling hot goods to local shops.  The FBI, ICE and a host of law enforcement agencies are just waiting to video tape drug dealers and others while they break the law.

If you need an attorney in Colorado, give us a Call.  Perhaps we can help, or send you in the right direction.  Better yet, rethink selling stolen goods, narcotics and guns to Tony Tones and other resale shops.  No one wants free room and board at the iron inn!

Real estate short sale costs Realtor long years in jail - Be careful what you do!


How to do short sales
......
and go to prison
Sergio Natera guilty of mortgage fraud

Real estate is a hot commodity today.  If you know what you are doing you can find great deals in the market place.  The problem is, you have to work very hard to do it.  Some people take short cuts when their greed gets in front of their common sense.  Short sales can make you good money, but you have to follow the rules.

A short sale transaction involves a mortgage holder or lender entering into an agreement to release its mortgage or lien on real property in exchange for payment of less than the total amount owed on the underlying debt. Many short sale transactions are legitimate.

Sergio Natera is a licensed real estate agent in Bridgeport, Connecticut.  He had a listing on a residential property representing the seller, Regions Bank.  Real estate agents have a fiduciary duty to their clients to get them the best price possible.

"There is no 'get out of jail free' card in mortgage fraud'
On December 5, 2007, another real estate agent presented an offer on Sergio's listing at $132,500.  Sergio saw an opportunity to make a healthy buck.  He told Regions Bank the best price they were going to get after tough negotiations was $102,375.  The bank trusted Natera and sold the property.

"One thing is clear, real estate brokers should not buy
their own listings"
Who was the buyer?  Sergio is no dummy, he arranged the sale to a shell company, Boss Asset Management, LLC which he owned or controlled.  Boss Asset Management limited liability company bought the property in July of 2009.  That puts a year and a half between the purchase and the sale.  Normally that is enough time to claim the property went up in value after the purchase.  Unfortunately, the guy who was no dummy accepted the offer of $132,500 and laughed all the way to the bank.  At least for awhile.
Article continued below
***********
The Selling Agent's Duty

"Assume that any real estate agent is a seller's agent until you know otherwise. In most states, a real estate agent is required to disclose which party he or she represents at the first substantial contact with a home buyer whether it's in person, by telephone, by mail, or in an email.
  • A seller's agent can help you find and purchase a property and may provide some of the same services as a buyer's agent, such as setting up your pest and home inspections and monitoring your progress from contract to closing.
  • A seller's agent must disclose material facts about a property. Material facts include things such as a leaky foundation or roof and other known structural problems.
  • A seller's agent cannot disclose personal information about the sellers or the seller's property, such as an impending divorce, foreclosure, or job change.
  • A seller's agent has a duty to get the best possible deal for the seller, so always assume that any information you give a seller's agent will be passed on to the seller. Never disclose your "top dollar" or any other confidential information to a seller's agent.
  • Working with a seller's agent may be a good choice if you do not wish to be tied to one agent. Seller's agents are compensated at closing from the seller's commission."
    While agency law differs by state, and therefore the obligations of the broker to the client may also vary based upon workng relationships and disclosure, in no case may a broker be dishonest with the parties he deals with.  When I seek the assistance of a professional Realtor it is a good start when the agency puts their obligations in writing as the Voss group has done so here.  Tim Paynter
***********
Continuation of article
What Sergio and many others forget is real estate sales are cut and dry.  It is almost impossible to cover your tracks because of all the paperwork that follows the sale.  At least a bank robber, if that is what one wants to be, can make a run for it.  You can't 'steal' real estate because it isn't going anywhere, no matter how much you try.  So there it is, all of the evidence.  The rocket scientist ends up not being so bright after all.

Connecticut has one of those thar Mortgage task forces.  That is a fancy word for mortgage police.  These guys investigate funny looking transactions.  When they find crooks like Sergio Natera they go at them like a piranha.  There is no 'get out of jail free' card in mortgage fraud.
"United States Magistrate Judge Holly B. Fitzsimmons will hand down justice for mortgage fraud"

The FBI has a message for dreamers who listen to the real estate seminar guys selling how to get rich quick in real estate bunko:
"In July 2009, the U.S. Attorney’s Office and the Federal Bureau of Investigation announced the formation of the Connecticut Mortgage Fraud Task Force to investigate and prosecute mortgage fraud cases. In addition to investigating past mortgage fraud schemes, the Task Force will focus on emerging crime trends that are associated with the growing tide of foreclosures, including foreclosure rescue schemes, and short sale schemes."

If you have been the victim of mortgage fraud the task force wants to know.  You can call  203-333-3512 and ask for the Connecticut Mortgage Fraud Task Force.  Trust me, you will get their attention.  You can also send an email to justice for fraudulent short sales.
"You can make millions in real estate"
Sergio didn't get very far in his plea bargain.  According to Nora R. Dannehy, United States Attorney for the District of Connecticut, Sergio pled guilty to bank fraud.  United States Magistrate Judge Holly B. Fitzsimmons will hand down justice for mortgage fraud relating to a short sale.  The 35 year old real estate broker may have a lot of time on his hands to think about how to get rich quick in real estate, how to do a short sale, and how to do a real estate short sale legally.  You can make millions in real estate but it takes a lot of work.  One thing is clear, real estate brokers should not buy their own listings. 

If you live in Colorado and have been involved in one of these deals you might want to give us a call for a consult.  720-951-1700. 

The images you see are from Google Images, be sure to give them a try when you do your next blog!

Friday, February 12, 2010

Denver Mayor Hickenlooper hits gays You are Presumed to be gay, any thing you say and do may be used against you, you have a right to a lawyer

Denver Cops put pressure on single men in cars

February 12, 2010. Inspiration Point Park in Denver, Colorado, is an historical park with magnificent views of the city and the Rocky Mountains of the front range.

Unfortunately, if you are a single male you might want to avoid the park because you might be accused of being gay. 

Actually, depending upon where you put your hands when you relax in your ride, you might be accused of a lot more than that!  Denver Mayor John Hickenlooper is asleep at the wheel when it come to police harassment, or he has changed his mind about the gay community which was instrumental in his election.  Either way, Denver cops are making Inspiration Point Park an uncomfortable place to be. 

"I was talking on my telephone" notes a long time Denver resident who prefers to remain anonymous. "I was parked in the lot up the point. I had several calls to make, was a little tired and figured it would be better to pull over rather than place other motorists in jeopardy."
==================================
Inspiration Point Park


=============================
Did you spot the two patrol units in the picture above?

=============================
"There was a Jeep Cherokee which had been lifted so he was higher than any other vehicle.  He kept driving around, pulling in beside one car, gawking at the cat who was seated inside. He would pull out and then come back all over again."

Maybe Denver's finest have nothing more to do than peeping through windows. The Denver resident said he kept making his phone calls and ignoring the peeping jeep. But a few minutes later a marked Denver patrol car cruised through the lot slowly.

"When the officer passed behind my car he really slowed down" the resident said. "It was obvious he was taking my plate number. Geez, what did I do wrong? It is like saying, 'Hey, beat it, unless you want trouble!'"

"How do you tell a gay male from a straight one?"

After the patrol unit came through most of the people visiting the park left. It is like driving through a speed trap, you want to get out of the area, the resident indicated.

"The officer parked his patrol car at the end of the lot and just sat there. It was really eerie. It was like we were all being watched." 

Well visitors to the park are being watched. Signs posted around the visitor parking lot make that point clearly.

Undaunted, the Denver resident continued with his phone calls. He said he was in the middle of some important business and did not want to break his concentration by leaving. He says there are a lot of great parks in Denver, he has not had trouble in other parks. Here are a few of the better Denver Parks.

"When he came to my car he really slowed down" the resident said. "It obvious he was taking my plate number and he was trying to say, 'beat it, unless you want trouble!'"

Then, the resident indicated, a white van pulled up in the parking lot space facing him.

"It was a white van. He was looking directly into my car. You could see the back of the van was screened off through his windshield. It looked like a paddy wagon to me. Not a problem for, I had not done anything!"

Our Resident went back to his phone call. All of a sudden he noticed a bright flash from the paddy wagon.

"The guy took a picture of me!" said the Denver resident. "It was like one of those photo radar units. And All I was doing was sitting in my car making phone calls!"

Inspiration Point Park has long been known as a gay pick-up spot. However, local police pressure has eliminated the cruising activity some gay men use to find dates. Unfortunately, it also makes the park an unfriendly place for everyone else. There are a lot of great Denver parks!  Why not find a park?  Plus, there are some great Colorado State parks!
Article continued below information box

==============================
A FEW DETAILS ABOUT INSPIRATION POINT PARK
  • It is located at 50th Avenue and Sheridan Boulevard in Denver, Colorado.
  • There are no public restrooms, so be prepared. There is a nice forrest with trees, however!
  • One clibming guide considers it a "summit", though it is in the City and County of Denver with low elevation. Do you think you can make it to the top? trails to the summit!
  • Inspiration Point Park is a designated Historic Landmark.
  • The 25.5-acre park is roughly the shape of a finger pointing west from Sheridan Boulevard. The panoramic view from the point is spectacular, extending along nearly 200 miles of the front range of the Rocky Mountains.
  • In addition to the foot hills, the view includes the Clear Creek Valley nearly 200 feet below. A view of the city of Denver, including the downtown skyline, is visible toward the east. Read more of these details at Parents connect.
  • The park is surrounded by residential development. The adjacent neighborhoods are owned by well-to-do and upper class citizens.
  • There is no entrance fee.
  • The park is open all year around but closes at night.
  • The park came about as a result of Democratic Mayor Speer, who convinced the Denver City Council of the City Beautiful plan.City Beautiful plan

==============================
"You don't have to be gay to be intimidated by the Denver Police" the resident said. "I am not even sure you could be from the Inspiration Point neighborhood Association."

How do you tell a gay motorist from a straight one?  No matter one's sexual orientation, if the person is not just sitting in his car or talking on the telephone then why should he or she be made to feel uncomfortable?

These are questions that must be answered by the Hickenlooper administration. The patrol officers are just following orders. What is it costing tax payers for two patrol units, presumably with two officers in them, an undercover unit, likely the guy in the jeep, and the fellow driving the paddy wagon? Could these resources be better used to deter crime like drug dealing?
"I have noticed many officers are riding alone these days." our citizen noted.

 "Why not take a couple of these guys off of crotch watching and let the officers team up for their own safety?" 

Do the actions of the Denver Police signal a change of a liberal policy towards gays, or is this hypocrasy?  Hickenlooper rocks! Well except for the gay squad. 

"Police harassment starts at the top level" said the resident. "Officers get their marching orders from the top." the resident said.

Of course, we should not blame the problem on the officers.  Most would rather do something more interesting than watching guys in cars.  When I ask officers what gives them the most sense of satisfaction most tell me it is taking guys off of the street who sell drugs to kids.  

"Best keep your reading and leisure activities to Starbuck's, they don't use paddy wagons!"

Denver Mayor Hickenlooper's Police Department (dpd) is intimidating men who come to Lookout Point. The message is, unless you have a wife and kids in tow, you are considered gay and looking for sex.  Police intimidation is tolerated. You may have your photograph sureptitiously taken, and your actions may be mis-understood to the point of leaving the park in cuffs. Best keep your reading and leisure activities to Starbucks, they don't use paddy wagons!

Thursday, February 11, 2010

Fake tax refunds land cagey crook Charlene Hughs of Waynesboro in jail


Defauding the IRS can land tax
 cheats in lock up!

A few cagey crooks have figured out how to get the best of Uncle Sam - File false tax returns! The scam is worked by filing fake social security numbers and using false W-2 forms. If they get it right they get a check in the mail. Perhaps a fool will hit the jack pot for awhile, but the government will eventually figure out the Joe Smith on the tax return does no match any of the thousands of Joe Smiths on file and start investigating. That is when the crooks need to think about how cagey crooks get caged.
"She got her dough fast, the government got their information pretty fast, too"
Charlene Hughes of Waynesboro, Georgia, was one of those cagey crooks. According to allegations, she popped the IRS for $90,000 applying for refunds using false W-2 information. She got the dough fast, mostly over a one year period from April of 2006 to April of 2007. Considering how long she may have to contemplate her choice of patsies, the government got their information pretty fast, too.

Charlene is charged with conspiracy to defraud the United States in violation of Title 18, United States Code, Section 286. Edward J. Tarver, US Attorney for the Southern District of Georgia announced the grand jury indictment.

Tarver said, “As we near the height of this year's tax filing season, those who might consider preparing false tax returns should be aware of the severe consequences of doing so. This indictment emphasizes that the IRS, the FBI and the United States Attorney's Office will aggressively pursue anyone who attempts to defraud America's tax system.”
"Cheat the IRS and they will make room
for you in one of those 4X6 cells"

Being a crook does not pay lasting dividends. That is one of the reasons why we have increasing inmate populations. Even with over-crowding in jails you can bet one thing: Cheat the IRS and they will make room for you in one of those 4X6 cells.

Charlene is out on $10,000 bond which was set by U.S. Magistrate Judge W. Leon Barfield. He further stated the defendant would be released from custody once she deposited with the Court 10 percent of her $10,000 bond.

If you know about someone who is trying to defraud the US Government using tax tricks, the government would love to hear about it.  The tax whistleblower program may even pay you a reward.

The government wants you to know the indictment is only an allegation. Unless Ms. Charlene Hughes is judged guilty of conspiracy to defraud the United States in violation of Title 18, United States Code, Section 286, or makes a plea bargain, she has the right to be presumed innocent.