The Dorean Story is Over

from here on out, anyone who is selling Dorean can be arrested and incarcerated.

Thursday, July 07, 2005
JUDGE ALSUP SHUTS DOREAN DOWN
TRO Issued Pending Order to Show Cause on Permanent Injunction
On July 5, 2005, the United States of America filed a civil action against Dale Scott Heineman and Kurt F. Johnson d/b/a The Dorean Group, The Oxford Trust and Universal Trust seeking an injunction against the continued operation of the Dorean Group mortgage elimination scheme. According to FBI statements in court papers, $2.8 million was deposted into one Dorean bank account over the course of a year and at least $230,000 was wired from that account to a bank account in Riga, Latvia.
On July 6, 2005, Judge William Alsup accepted the case, finding that it was related to the cases filed in the Northern District of California by Heineman and Johnson late last year which resulted in his prior order dismissing those cases and ordering sanctions.
On July 6, 2005, Judge William Alsup signed a Temporary Restraining Order prohibiting the defendants from further violating 18 U.S.C. § 1341 (Mail Fraud), 18 U.S.C. § 1343 (Wire Fraud), and 18 U.S.C. § 1344 (Bank Fraud) through their "mortgage elimination" program, and from alienating or disposing of property obtained as a result of said violations.
In particular, the TRO prohibits the defendants, their officers, agents, brokers, attorneys and employees from:

(A) Engaging in any activities related to their mortgage elimination scheme, including:
(1) Advertising their debt elimination services via the Internet, telephone, or any other wire communication, or by mail (whether by commercial carrier or United States Postal Service carrier), to any individual and/or any entity;
(2) Soliciting or receiving fees from any individual or entity;
(3) Creating any trusts, or entering any trust agreements;
(4) Delivering, sending, mailing, or wiring "presentment packets" to lenders, or any documents that purport to appoint themselves as the lender's agent or attorney-in-fact, or that demand that the lender acquiesce in the scheme;
(5) Filing or recording any documents with any county clerk, or county recorder's office, or registers of deeds;
(6) Receiving proceeds from refinanced loans and/or sale of properties to which defendants have applied their mortgage elimination program;
(7) Offering, providing, and/or sharing of advice, including but not limited to seminars, tutorials, and conferences, relating in any way to the Dorean Group's practices.
(B) Withdrawing, transferring, removing, dissipating, and disposing of property obtained as a result of its fraudulent conduct, and freezing defendants' assets that they obtained as a result of the fraud, including funds in the following back accounts:
Account No. 03916839
Account Name: Lasting Legacy Trust
Fremont Bank
32000 Alvarado Boulevard
Union City, California 94587
Account No. 03916847
Account Name: Cancer-Free Trust
Fremont Bank
32000 Alvarado Boulevard
Union City, California 94587
While the prior order obtained by the North Carolina Attorney General only prohibited conduct within North Carolina, the Temporary Restraining Order issued by Judge Alsup prohibits the conduct nationwide.
An Order to Show Cause hearing has been scheduled for August 1, 2005 at 1:00 p.m. At that hearing, the defendants will have an opportunity to present evidence as to why a preliminary injunction should not issue pending trial of the government's case.
Posted by Rachel Dollar on 07/07 at 09:15 PM
Mortgage Fraud Schemes • (0) Comments Permalink


Dorean Blog
Johnson Starts Weblog
A story by Glenn Roberts of Inman News reports that Kurt Johnson of the Dorean Group has started a blog at www.doreanblog.com.

The ‘about me' section of the blog reads:
I have taken on the role of a whistleblower in the American Mortgage Industry because of my prior experience with being prosecuted by the government for securities fraud.
And in a July 6, 2005 entry entitled ‘David & Goliath', Kurt Johnson wrote:
People who have never put their lives at risk for truth can never understand the commitment or conviction of a true warrior. Opinions can fly like rocks but they will never kill the giant (bank account is giant also).

I wonder if this would include QCD to people who have requested them back?

Originally Posted by mountainrose

from here on out, anyone who is selling Dorean can be arrested and incarcerated.

Thursday, July 07, 2005
JUDGE ALSUP SHUTS DOREAN DOWN
TRO Issued Pending Order to Show Cause on Permanent Injunction
On July 5, 2005, the United States of America filed a civil action against Dale Scott Heineman and Kurt F. Johnson d/b/a The Dorean Group, The Oxford Trust and Universal Trust seeking an injunction against the continued operation of the Dorean Group mortgage elimination scheme. According to FBI statements in court papers, $2.8 million was deposted into one Dorean bank account over the course of a year and at least $230,000 was wired from that account to a bank account in Riga, Latvia.
On July 6, 2005, Judge William Alsup accepted the case, finding that it was related to the cases filed in the Northern District of California by Heineman and Johnson late last year which resulted in his prior order dismissing those cases and ordering sanctions.
On July 6, 2005, Judge William Alsup signed a Temporary Restraining Order prohibiting the defendants from further violating 18 U.S.C. § 1341 (Mail Fraud), 18 U.S.C. § 1343 (Wire Fraud), and 18 U.S.C. § 1344 (Bank Fraud) through their "mortgage elimination" program, and from alienating or disposing of property obtained as a result of said violations.
In particular, the TRO prohibits the defendants, their officers, agents, brokers, attorneys and employees from:

(A) Engaging in any activities related to their mortgage elimination scheme, including:
(1) Advertising their debt elimination services via the Internet, telephone, or any other wire communication, or by mail (whether by commercial carrier or United States Postal Service carrier), to any individual and/or any entity;
(2) Soliciting or receiving fees from any individual or entity;
(3) Creating any trusts, or entering any trust agreements;
(4) Delivering, sending, mailing, or wiring "presentment packets" to lenders, or any documents that purport to appoint themselves as the lender's agent or attorney-in-fact, or that demand that the lender acquiesce in the scheme;
(5) Filing or recording any documents with any county clerk, or county recorder's office, or registers of deeds;
(6) Receiving proceeds from refinanced loans and/or sale of properties to which defendants have applied their mortgage elimination program;
(7) Offering, providing, and/or sharing of advice, including but not limited to seminars, tutorials, and conferences, relating in any way to the Dorean Group's practices.
(B) Withdrawing, transferring, removing, dissipating, and disposing of property obtained as a result of its fraudulent conduct, and freezing defendants' assets that they obtained as a result of the fraud, including funds in the following back accounts:
Account No. 03916839
Account Name: Lasting Legacy Trust
Fremont Bank
32000 Alvarado Boulevard
Union City, California 94587
Account No. 03916847
Account Name: Cancer-Free Trust
Fremont Bank
32000 Alvarado Boulevard
Union City, California 94587
While the prior order obtained by the North Carolina Attorney General only prohibited conduct within North Carolina, the Temporary Restraining Order issued by Judge Alsup prohibits the conduct nationwide.
An Order to Show Cause hearing has been scheduled for August 1, 2005 at 1:00 p.m. At that hearing, the defendants will have an opportunity to present evidence as to why a preliminary injunction should not issue pending trial of the government's case.
Posted by Rachel Dollar on 07/07 at 09:15 PM
Mortgage Fraud Schemes • (0) Comments Permalink


Dorean Blog
Johnson Starts Weblog
A story by Glenn Roberts of Inman News reports that Kurt Johnson of the Dorean Group has started a blog at www.doreanblog.com.

The ‘about me' section of the blog reads:
I have taken on the role of a whistleblower in the American Mortgage Industry because of my prior experience with being prosecuted by the government for securities fraud.
And in a July 6, 2005 entry entitled ‘David & Goliath', Kurt Johnson wrote:
People who have never put their lives at risk for truth can never understand the commitment or conviction of a true warrior. Opinions can fly like rocks but they will never kill the giant (bank account is giant also).

[Bill Smith]

And just before they were to "unleash the secret weapon" too. :rolleyes:

Hard to feel sorry for their customers since it was such an obvious scam from the very beginning.

wheres that guy that was promoting this stuff a year ago and acting like this was some big secret that you needed to be a insider to know, and fork over some loot of course, i forgot his name, but, like the aware group, solgroup and all the other cons out their, they never got my money.

I encourage everyone to read the blog at www.doreanblog.com. Obviously it is one sided, as it should be. Nonetheless, Heineman and Johnson are more in the league of a Joe Banister or Vernice Kuglin than your average Joe Blow. I have the sneaking suspicion that this thing is far from over. It will certainly be a learning experience for all of us to see exactly how the government handles this.

BTW, I have absolutely nothing to do with Dorean, never did get involved with them though I was exposed to their program. I only know about their efforts through this and other forums. My comments should not in any way be interpreted as supportive of Dorean. On the other hand I am not yet ready to crucify them either. Simply put, I am very interested in seeing how all of this plays out and how the prosecution handles Dorean's arguments and theories regarding mortgages and more to the point the creation of "money" in this country. That is the quintessential issue.

This could turn out to be Credit River Part II though I believe the government will do everything in its power to not let it get that far. Stay tuned through Johnson's blog and posts on this site.

B.

[Ice]

What I haven't seen is any explanation of how the banking industry must accept the "exemption". We understand the fraud involved in regards the mortgage. But, isn't there another way to acquire land via the exemption without having to deal directly with the bank?... or is it imperative that the Bank be used to secure the possession of the land prior to utilizing the exemption?

About 5 or 6 months before DG began its campaign I had supplied OT with some very interesting facts in regards mortgage loans. I'm sure that some of what I offered was already within his knowledge. But I would like you all to note that I have not presented that same info here simply because I believe that more knowledge must be gained before attempting to put what I already know to use.

We discuss the fraud and I have always stated that this is how to attack the bank. We all realize the bank has violated "law". But there is "law" that the bank has violated that concerns its responsibility to you as the maker of the note that I have not yet seen divulged by any of these processes. (Found in Title 12 and keep UCC 3-105 in mind while reading through that title).

We all understand that somehow the note becomes a bond or security. To give you an idea of how much more knowledge is needed -- have you ever researched the world of securities? Check this out and you will understand just how much more research needs to be done in regards to the world of securities.

And then we are still left with the question of how to make use of the exemption we have as the Creditors.

Ice

[Bill Smith]

We all realize the bank has violated "law".

No, a very small group of conspiracy theorist have this belief, and seem extremely frustrated that they can't prove with anything other than an extremely weak anecdotal event occurring 35 years ago and not recurring since.

Anyhow, to answer your question: If you don't want the bank to be involved in your purchase of property, DON'T USE THE BANK TO TAKE OUT THE FREAKIN' LOAN IN THE FIRST PLACE. But if you are going to use a bank, don't complain later. And if you don't have the money to pay cash, then do without.

I am very interested in seeing how all of this plays out and how the prosecution handles Dorean's arguments and theories regarding mortgages and more to the point the creation of "money" in this country.

The exact same way it was handled in the Francis Kenny Trust case.

[Ice]

Actually, Bill, there is a violation of law by certain banks that I have never seen discussed in this forum. I have given clues to what this violation may be in regards to their responsibility to the maker of the note and the note. A national bank cannot hold a mortgage or lien a property as surety for a debt for more than 5 years... that's one limitation on national banks. But there is so much more to be learned about what banks can and cannot do. And unless you can demonstrate a far greater knowledge of banking law (and this would include securities) you're claim that the banks have not violated law is nothing more than your "belief" that the banks have not violated law.

I have consistently stated that a very critical eye is needed for any researcher of truth regarding these issues. I challenge the members to find in Title 12, and post, what they may believe is the violation of law. At this point in time I have not seen that which I speak of in any posts on this site. If it is here, I am not aware of it.

Remember this, Bill, I am not speaking of the "creating money out of thin air" type of violation. The banks are imposed with limitations and responsibilities to the principals, the makers of the note and the note itself. Some banks routinely violate the limitations and responsibilities imposed upon them.

Ice

[Ice]

One more thing, Bill...

I really do appreciate people such as yourself being here. If any of the members here understand the Theory of Constraints then they would understand why I appreciate the negative feedback that dissenters and skeptics offer.

People such as yourself may be primary in regards to the research of the issues we discuss and the utilization of certain processes and procedures that come from that research. Remember this: If a negative cannot be overcome then the process will undergo change. All the negatives must be dealt with at some point in time... better to deal with them FIRST.

This is why I really like having that skeptic and critical eye that you possess. Others may not understand this thinking process -- but you will be a great asset to this forum (even if others don't want to believe it). Just continue with respectful contributions of those negatives and the members will discover that my assessment is correct.

Ice

[Bill Smith]

Thanks, Ice.

Another point that I will keep repeating -- and even Heidi admits -- is that whatever the banks do (and the rest of you can argue about that all you want), the effect is a benefit to Borrowers since it allows them to take a loan that they would otherwise not have an opportunity at in the first place.

In other words, taking the arguments of some on this forum to the ultimate conclusion, banks simply would not lend to anybody anything. There would be no loans, and people would be stuck in apartments or used cars or whatever because they didn't have the immediate cash available to pay. Few people would be able to start up a business on a cash-up-front basis.

Then, I guess, many on this forum could go back to the caves and lead the hermit existence that they apparently dream of.