Federal Indictments handed down

[Pauligirl]

NORTHERN DISTRICT OF CALIFORNIA
The Honorable WILLIAM ALSUP
Date: November 14, 2007
Case No. CR 05-00611 WHA
Case Name: USA v SCOTT HEINEMAN and KURT JOHNSON
Counsel for Government: David Hall; Brigid Martin
Counsel for Defendants: Pro Se
Advisory Counsel: not present CJA Paralegal: Steven Moore
Clerk: Dawn K. Toland Court Reporter: Joan Columbini
Trial Began 10/15/07 Trial Ended 11/14/07
Trial Motions: Disposition
1.
Proceedings:
Outside the presence of the jury: Parties agreed to give the jury the clerk's list of defendants
exhibits and the Government's revised exhibit list in response to their request and that exhibits # 26
and 27 are withdrawn.
Jury continued deliberations and reached a verdict. Defendant Heineman and Johnson both found
guilty of all the counts in the special verdict form. Matter continued to 2/5/08 at 2:00pm for
sentencing. Matter continued to 11/16/07 at 10:00am for status re appt of counsel.
Court will consider the Government's motion to redact or seal the jury foreperson's signature from
the special verdict form. Government's motion to suspend the defendants computer access is
granted.


11/15/2007 521 ORDER RE SEALING OF VERDICT as to Dale Scott Heineman and Kurt F. Johnson. Signed by Judge William H. Alsup on 11/15/2007. (whasec, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 522 Proposed Order by USA as to Dale Scott Heineman, Kurt F. Johnson to deny computers, tec. (Hall, C.) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 523 Proposed Order by USA 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 to Unseal November 21, 2004 Declaration of Thomas Spielbauer (Martin, Brigid) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 524 ORDER TO U.S. ATTORNEY 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 November 15, 2007. (whalc2, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 526 ORDER DENYING THE DEFENDANTS THE USE OF COMPUTERS, WORD PROCESSORS, OR TYPEWRITERS IN CUSTODY OF THE US MARSHALS SERVICE 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 November 14, 2007. (whalc2, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 527 ORDER UNSEALING NOVEMBER 21, 2004 DECLARATION OF THOMAS SPIELBAUER 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 November 15, 2007. (whalc2, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

[Livefire]

What has happened with Flea and Sara-Jane (known as Montana here on suijuris??)

[weishaupt1776]

Originally Posted by Pauligirl

Government's motion to suspend the defendants computer access is
granted.

11/15/2007 526 ORDER DENYING THE DEFENDANTS THE USE OF COMPUTERS, WORD PROCESSORS, OR TYPEWRITERS IN CUSTODY OF THE US MARSHALS SERVICE 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 November 14, 2007. (whalc2, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

Wow, now that's pretty fair for the JUST-US system

Looks like they got them on nearly 40 counts of mail fraud probably on the bassis that they guarnteed a mortgage discharge and couldn't deliver

Definitely easier to prove than the heart of their challenge dealing with hypothecation, etc . . .

[Livefire]

It doesnt help that there is a lot of bad case law concerning "vapor money". Nonetheless, they get what they deserve, their system in no way could ever claim clean hands due to the refinance they required for their payment on the back end.

[cigs645]

Originally Posted by Livefire

What has happened with Flea and Sara-Jane (known as Montana here on suijuris??)

In one of Kurts blog posts he refers to a divorce with Flea. As I recall Flea easily made bond and was given some very generous out of state travel privileges during this process It would be interesting to find out what witnesses the prosecution presented. Flea was the loudest and nastiest mouth of the bunch Got a feeling Flea was the first one to cut a deal.

[cigs645]

Originally Posted by Livefire

What has happened with Flea and Sara-Jane (known as Montana here on suijuris??)

United States Attorney Joseph P. Russoniello
Northern District of California
FOR IMMEDIATE RELEASE
March 20, 2008
http://WWW.USDOJ.GOV/USAO/CAN

FOUNDERS OF NATIONWIDE DEBT ELIMINATION SCHEME SENTENCED

SAN FRANCISCO – United States Attorney Joseph P. Russoniello announced that Kurt F. Johnson, 45, of Sunnyvale, California, and Dale Scott Heineman, 48, of Union City, California, were sentenced on March 18, 2008 for orchestrating a nationwide debt elimination scheme. Mr. Johnson was sentenced to 25 years imprisonment and Mr. Heineman was sentenced to 21 years, 8 months imprisonment. The sentences were handed down by United States District Court Judge William Alsup after both defendants were convicted by a jury of multiple counts of fraud and conspiracy to commit fraud.

From 2003 to 2005, Mr. Johnson and Mr. Heineman operated as the Dorean Group from offices in Union City and Newark, California. Together they orchestrated a mortgage elimination scheme whereby fraudulent documents were recorded as part of their clients’ titles to make it appear as though mortgage lenders’ secured interests in the properties were canceled when, in fact, the corresponding mortgage and home equity loans had not been fully repaid. At the direction of the Dorean Group, some of its clients used these fraudulently-generated “free and clear” titles to obtain hundreds of thousands of dollars in new home equity loans from lenders who were led to believe that the properties were unencumbered by loans. Clients who obtained new loans paid 50-75% of the funds to the Dorean Group. At least 20 lenders and as many as 3,500 homeowners throughout 35 states were victimized by Mr. Johnson, Mr. Heineman, and the Dorean Group.

On September 22, 2005, Mr. Johnson and Mr. Heineman were indicted by a grand jury. On November 14, 2007, following a four-week trial, a jury returned guilty verdicts on one count of conspiracy to commit mail fraud in violation of 18 U.S.C. § 1349, and thirty-four separate counts of mail fraud in violation of 18 U.S.C. § 1341.

A Dorean Group “broker” charged with participating in the conspiracy was also sentenced along with Mr. Heineman and Mr. Johnson. In August 2007, William Julian, 44, of Cayce, South Carolina, pleaded guilty to conspiracy to commit mail fraud, wire fraud, and bank fraud in violation of 18 U.S.C. § 1349. On March 18, 2008, Mr. Julian was sentenced to 5 years imprisonment.

A hearing for final determination of restitution is scheduled for June 10, 2008.
Assistant United States Attorney C. David Hall and Special Assistant United States Attorney Brigid S. Martin are the attorneys prosecuting this case with the assistance of paralegals Christine Tian and Sabah Khan. The convictions and sentences are the result of a three-year investigation by FBI Special Agents Kathia Harp, Spiro Stamos, Emmanuel Pascua, Matthew Ernst, and Holly Erickson.

[Libertarian]

Government's motion to suspend the defendants computer access is
granted.

I read that was a result of their filing a "court order" with the judge's (forged) signature on it, dismissing the case.