Lo-o-o-o-on Catch-up Post

May 25, 2010 08:18

If you've read my FaceBook stuff, you've pretty much got the gist of all of this already.  This is the meat-and-potatoes version:

Wednesday, May 19, 2010:

After spending a week sick with a cold and then recovering from my fall last week, I was finally able to get back to school yesterday. Yay! I'm still sick, the cold is hanging on with claws -- and now Marty has it, so we'll probably be reinnfecting each other for weeks -- but at least I could get out of the house again. In Mr. Cashdollar's class he told us he'd give us a chance to do a rewrite of our briefs, after going over what we had already submitted to him, so I told him I'd like to do that. I got MOST of the information he wanted into the brief, but can see where it needs sprucing up. He promised us that we couldn't get a lower grade on what we resubmit, but we might get a higher one -- and that kind of win/win situation in the classroom doesn't come veru often, so I'm taking advantage of it. I'll work on them over the coming weekend.

In Mrs. Hill's Legal Office class, we found out that my fellow classmate and friend, Rebecca Nylander ("Duct Tape") won the Sacramento Valley Paralegal Association scholarship! Hoo-ray! If I couldn't win it myself, I'm glad she won it. She's in a more financially desperate situation than I am, and can use the $500! It was exciting, too, that out of all of the applicants for the award, someone from our class got it! Rebecca will get the money in June when the SVPA has their summer gala event. I'm hoping the class can go to it.

I got a call today from "Alexander" at Heald College asking me if I was okay; saying I had been to class for 2 weeks. Huh?! I told him I only had two classes a week, and I'd missed those TWO DAYS last week because I was sick. He said I'd gone on an AWOL list, and I told him that was ridiculous! I was back at class this week, AND my teachers knew wjere I was, AND I had e-mailed in my homework and test assignments, so I was NOT happy about his call. In trying to calm me down and redirect the conversation, he asked me if I liked Mr. Cashdollar's class, and I said yes (I really do), and he joked about him for a while, then he said, "Well, I'm just glad you're doing okay again," and hung up. IDIOT! If I find out that my scholarship money or grades were impacted by being on his "list" I'm gonna scream bloody murder.

On the good side, I got a letter from the State Franchise Tax Board again. Remember, they said I'd made over $52000 in 2006 (that I never saw!), and they were trying to tax me on it? Well, this letter was their, "Oops, sorry about that" letter that shows I owed NOTHING for 2006. Damn right. Now, if I could just the dog issue taken care of with the Shasta County DA, so I can sue his ass into oblivion, I'll be pretty much caught up on the officials-as-assholes list.

Friday, May 21, 2010:

Yesterday, I had tests in both of my classes at school, and I think I aced both of them. In my Civil Lit 2 class the test was on motions, and after the test Mr. Cashdollar did a follow-up lecture to make sure we could put into practice what we'd learned and were tested on (which I think is SUCH a great idea; it really reinforced what the test was about). He then had a DVD of another instructor teaching a class on the Fifth Amendment, and the presentation was so interesting and compelling that when Mr. Cashdollar announced that time was up in class, none of us wanted to leave!

Then it was off to Legal Office Management class and a test there in inter-office communication skills; super easy. We also learned in that class that another one of our classmates, Will, had also won a $500 scholarship. He and Rebecca read their award-winning essays and, wow, now I know why mine didn't win! Theirs were fantastic! Rebecca used $35 of her award to sponsor membership in the Sacramento Valley Paralegal Association for someone in the class who couldn't afford to pay the membership fee (and Angelica won). I thought that was sooooo generous of Rebecca. Rebecca asked if I'd be able to go to the SVPA Awards gala in June where she'll be presented her check and I told her, no, I couldn't afford it. So, she gave me the money to buy a ticket. She said she didn't want to go if I couldn't be there with her. Awwwww! How sweet was that?!

By the time I got home in the afternoon, I was feeling SUPER tired (I think my cold is rebounding), so I went to bed early after making beef tips in gravy over mashed potatoes for Marty and me for dinner.

Today, I had a headache behind my left eye for most of the day (the pain finally abated around 3:30 pm), and I think it's sinus-related. Stupid cold just won't let go! I still had some $$ on my EBT card, so Marty drove us over to Papa Murphey's. He put his check in the nearby Wells Fargo bank, while I got us a large "Cowboy Pizza" (topped with extra cheese, pepperoni, sausage and black olives) and a free pint of cookie dough (with a coupon): cost is all of $8.99. Once we got home, I cooked up the pizza and cookies for lunch, and we snacked on that for the rest of the afternoon -- watching some court shows on TV. (We kind of like "Judge Alex" and his no-nonsense approach to his cases.)

I got a few more nice reviews on my "The Pon T'Keshtan" story that I'm publishing through fanfiction.net, and they read something like this:

elaine451: Brilliant chapter! You go into such detail, such vivid colors and emotions. Wow! I love the interaction between Nyota and Sa'aat, their finally coming to some sort of pact because of their shared love of Spock. I can't say enough just how fabulous your writing is, from your prose to you impressive research. Please update soon, I can't wait for the cubs to be born but mostly, can't wait until Nyota and Sa'aat meet up with Spock...

pennyrile: I have been reading this story from the beginning, but this is my first time commenting. I wanted to read the previous story first. It is stunning in it's details and so emotionally wrenching. I am glad you added the shelat Pa'shu, the beastie added a bit of comic relief to a very intense story. Very clever. I am enjoying this story so much I sent a link to an associate who enjoys Star Trek novels but has never read "fan fiction". He is now a follower of this story. I am in awe of your writing detail in the last chapter. The journey through the labyrinth of Spock shattered mind. It was beautiful and frightening. Nyota and Sa'aat finally connecting. I was intrigued with the character but not too keen on his treatment of Uhura. The realization that he was jealous of her importance in Spock's life made him seem less arrogant. Thank you for writing Uhura in such a fabulous way. Not perfect but strong and true in her devotion to Spock as he is to her. Ok enough gushing. I'm ready for the next chapter.

Botsey: I had to turn off the motion picture in my mind so its lens would not be damaged by tears. You have made words so powerful that they at times resonant through one's gut.

It's alsways so great to get feedback from the readers; it really helps me to keep on track with the story and characters.

IN THE WOO-HOO DEPARTMENT!

SACRAMENTO - Three Redding residents have been indicted on mail fraud, money laundering and other charges, officials with the U.S. Attorney’s Office announced today. Darrin Arthur Johnston, 45, Todd Allen Smith, 47, and Cheryl Ann Hitomi Peterson, 47, were indicted in what prosecutors described as a “foreclosure recovery” scheme in which homeowners in financial distress signed over the deeds to their homes. In exchange, homeowners were told they could lease their homes and buy them back in two years. Prosecutors said that Jeremiah Andrew Martin, 32, of San Antonio, who was also indicted, as well as Johnston and Smith, pocketed the rental payments instead of paying off the loans, U.S. Attorney Benjamin Wagner told The Associated Press. Escrow officer Cheryl Ann Hitomi Peterson, 47, used her notary status to give the appearance of legitimacy, Wagner said. All four individuals were indicted on charges to commit mail fraud and money laundering, federal prosecutors said.

These were the pigs that took my home from me, and the FBI and US Attorney's Office got them!!!! Yay!!! I sent an e-mail to Peter at the FBI, and talked with Barbara stewart about it. We're all so excited we can hardly contain ourselves.

Saturday, May 21, 2010:

I'm feeling physically crappy this morning. My cold had decided to rebound with a vengenace, so I'm stuffed up, coughing, and feeling like a snot-filled rag-doll this morning. PLUS the right-click button on my mouse isn't working. *Sigh* But I can't feel entirely defeated because, yay again!, the Feds are prosecuting Darrin and his cohorts!

REAL ESTATE SCAMMERS INDICTED: Here's more newspaper stuff on Darrin and his band of theives

The Sacramento Bee, 05-22-10:

In a separate case, the grand jury indicted three Shasta County residents and another from Texas for allegedly targeting distressed homeowners in phony foreclosure rescue efforts. Indicted were Darrin Arthur Johnston, 45, Todd Allen Smith, 47, and Cheryl Ann Hitomi Peterson, 47, of Redding, and Jeremiah Andrew Martin, 32, of San Antonio. All but Martin were arrested Friday in Shasta County, authorities said.
They are indicted on charges of mail fraud, conspiracy to commit mail fraud and money laundering. The indictment says the four persuaded homeowners to sign over deeds to their homes with promises that they could rent and buy back the homes in two years. Instead, the four allegedly extracted equity from the homes by keeping rent payments and getting new loans on the homes. The homes were eventually foreclosed, costing lenders more than $1 million, federal authorities said.

Johnston, Smith and Peterson will appear at 2 p.m. Monday before a federal magistrate judge in Sacramento, the U.S. attorney's office said.

Shasta County: Jeremiah Andrew Martin, 32, of San Antonio, Darrin Arthur Johnston, 45, of Redding, Todd Allen Smith, 47, of Redding, and Cheryl Ann Hitomi Peterson, 47, of Redding, were indicted yesterday by a federal grand jury in Sacramento. The indictment was unsealed this morning when the defendants were arrested by FBI and IRS agents in Shasta County. The indictment returned yesterday charges all four defendants with conspiracy to commit mail fraud, mail fraud and money laundering in connection with an alleged fraudulent foreclosure rescue scheme. The case is being investigated by the FBI and IRS-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Matthew Stegman.

Shasta County Foreclosure Rescue Scheme The indictment filed yesterday in the Martin case charges that Martin, Johnston, Smith and Peterson, operating through several entities in the Redding area that purported to offer foreclosure relief and credit repair services, targeted homeowners in financial distress and facing foreclosure. Martin, Johnston and Smith allegedly marketed a "foreclosure recovery" program in which homeowners were persuaded to sign over the deeds to their homes, based on the defendants' false representations that the homeowners could lease them back for a low rent, that the defendants would help them repair their credit, and that the homeowners could buy the homes back after two years. After obtaining title to the homes, Martin, Johnston and Smith are alleged to have extracted equity from them by inflating their values and obtaining additional loans, keeping the rent payments rather than making payments to lenders, and then allowing the homes to be lost in foreclosure. Peterson, an escrow officer and notary, is alleged to have used her office and her notary status to lend the appearance of legitimacy to the scheme. Many homeowners lost their homes in the course of the fraud, and lenders suffered losses in excess of $1 million.

Johnston, Smith and Peterson were arrested this morning in Shasta County are expected to make an initial appearance at 2:00 p.m. today before a U.S. Magistrate Judge in Sacramento.

The maximum penalty for conspiracy to commit mail fraud affecting a financial institution and for mail fraud affecting a financial institution is 30 years in prison and a $250,000 fine. The maximum penalty for conspiracy to launder funds is 10 years in prison and a $250,000 fine or twice the amount of the criminally derived property.

This law enforcement action is part of the work being done by President Barack Obama's Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the ending and financial markets, and recover proceeds for victims of financial crimes. One component of the FFETF is the national Mortgage Fraud Working Group, co-chaired by U.S. Attorney Wagner. For more information on the task force, visit www.StopFraud.gov (http://www.stopfraud.gov/)

Record Searchlight: 05-21-10:

SACRAMENTO - Three Redding residents have been indicted by a federal grand jury on mail fraud, money laundering and other charges, prosecutors with the U.S. Attorney’s Office announced Friday.
Darrin Arthur Johnston, 45, Todd Allen Smith, 47, and Cheryl Ann Hitomi Peterson, 47, were indicted in what prosecutors described as a “foreclosure recovery” scheme in which homeowners in financial distress signed over the deeds to their homes.  In exchange, homeowners were allegedly told they could lease their homes and buy them back in two years.

Prosecutors said that Jeremiah Andrew Martin, 32, of San Antonio, Texas, who was also indicted, as well as Johnston and Smith, allegedly kept the lease-rental payments instead of paying off the loans.
Escrow officer Cheryl Ann Hitomi Peterson, 47, used her notary status to give the appearance of legitimacy, the indictment claims. The four were indicted on charges to commit mail fraud and money laundering, federal prosecutors said. The three Redding residents were arrested Friday by FBI and IRS agents, and are due to be arraigned Monday in U.S. District Court in Sacramento. They are in custody in Sacramento County jail without bail. Martin is not yet in custody, said U.S. Assistant Attorney Matthew Stegman, who is prosecuting the case.

The 18-page indictment filed Thursday and unsealed on Friday, charges that Martin, Johnston, Smith, and Peterson, operating through several entities in the Redding area that purported to offer foreclosure relief and credit repair services, targeted homeowners in financial distress who were facing foreclosure. The indictment indirectly links one of the defendants - Johnston - to a Redding man awaiting sentencing for one count of mail fraud in a scheme that caused nearly $1.8 million in fraudulent payouts for property liens that did not exist. Joshua Gervolstad, who pleaded no contest to the mail fraud charge in October, is due to be sentenced in June and faces up to 20 years in prison and a $250,000 fine. The indictment, which does not identify Gervolstad by name, notes that Johnston formed in 2006 The Paramount Group with an individual known by the federal grand jury. Gervolstad was identified in a 2007 Record Searchlight article as the owner of The Paramount Group.

According to the federal jury’s indictment, Martin, Johnston, and Smith allegedly marketed a “foreclosure recovery” program in which homeowners were convinced to sign over the deeds to their homes. The indictment states the “foreclosure recovery” program was based on their alleged false representations that the homeowners could lease them back for a low rent and that they would help them repair their credit. The homeowners believed they could buy the homes back after two years.

After obtaining titles to the homes, however, prosecutors said, Martin, Johnston and Smith are alleged to have extracted equity from them by inflating their values and obtaining additional loans, keeping the rent payments rather than making payments to lenders, and then allowing the homes to be lost in foreclosure. Peterson, an escrow officer and notary, is alleged to have used her office and her notary status to lend the appearance of legitimacy to the scheme. Many homeowners lost their homes in the course of the fraud, and lenders suffered losses in excess of $1 million, prosecutors said.

The maximum penalty for conspiracy to commit mail fraud affecting a financial institution and for mail fraud affecting a financial institution is 30 years in prison and a $250,000 fine. The maximum penalty for conspiracy to launder funds is 10 years in prison and a $250,000 fine or twice the amount of the criminally-derived property.

Friday’s announcement came during a news conference in which prosecutors announced that a Butte County developer described as the largest homebuilder in the Chico area - Anthony Symmes, 59, of Paradise - had agreed to plead guilty to one count of conspiracy to commit mail fraud and money laundering in a scheme involving the fraudulent sale of 62 homes.

I wish I didn't have to go to Shasta County on Monday for the court case there, so I could go to Federal Court here in Sacto and watch Darrin get arraigned.

Writing Stuff: I also got another wonderful review from a reader of my Trek story. It read as follows:

thanks2sirtimbl: Please pardon the delay in thanking you for this story. While completely engaged in each chapter, at the end of them I am spent and inarticulate. This is a story that enters my thoughts even when I'm not reading it. Your writing is so skilled and precise that reading the words just flows. My only concession to reality is that the whole time reading I check the scroll down marker because I want to make it last. The quotidian details are seamlessly integrated into the story so we're quite easily immersed in the familiar ST universe. The characterizations are spot on, the OCs are unique and believable, and the backstory is solid. But you've also managed to make the fantastic, hallucinatory, beautiful and singular landscape inside Spock's mind as easy to visualize as if it was, dare I say, perfectly logical. (with all the god-is-in-the-details genius that his poetically logical mind would embody of course). It's brilliant you imagined it but also remarkable you could describe it with such grace and ease. You must labor over this like crazy to make it feel so effortless, (ah the paradox of art!). The research and notes are particular favorite of mine. I love when a writer brings aspects of all their knowledge together to make the experience so layered. Thanks for sharing such a great story, looking forward to more.

Sunday, May 23, 2010:

Oooo, I have SUCH a tight, painful cough today. I wonder if it's strepp? Sergeant Margie is coughing, too, but I don't think a cold can cross the species barrier, so his cough is probably just coincidental (I think he inhaled some grass the other day).

Monday, May 24, 2010:

This was a long day. For some reason, Pozey decided she wanted to sleep in my bed last night, so I let her; and we actually slept pretty soundly all night. I got up around 6 o'clock, though, because I had to drive to Shasta County (and back again) today for a court hearing, my end of the Motion to Suppress. The drive back and forth (about 3-1/2 hours each way) is a long one for me and pretty exhausting, plus I have my cold, so I wasn't really feeling good anyway. But the trip was safe and uneventful, so I can't really complain.

I got into Redding around noon, and went over to the Arboretum to get some fresh air and walk around for a while, before heading off to court.

Motion Hearing: I got to testify about Animal Control's "invasion" of my property on March 11, 2009, and it's so hard on me to "relive" that day (is that what PTSD is about?), and it's hard to sit in the courtroom and listen to that bitch Mayra from Animal Control lie through her teeth about me and "discussions" she supposedly had with me (that never actually took place). Dena, my Public Defender, was so upset by the "new girl" DA and her uppity attitude that she could barely contain herself. She really hates that woman with a passion... which isn't a good thing; I think it makes it hard for Dena to stay focused (and not get angry). After all was said and done, the judge refused the Motion -- which we half-expected, so it wasn't a tragic blow -- but Dena is going to see if she can get a Writ to get the judgment overturned because she doesn't agree with it, and meanwhile she's fighting a Motion to Quash on June 4th. She had gotten a judge to allow her to subpoena the Animal Control officers' performance records, and now the Deputy DA is trying to get those records "quashed" (stamped out) so they can't be used... which seems kind of weird: the court gives the records to us with one hand and then takes them away with the other? I don't understand the legal system at all.

Anyway, I have to go back to court for a "Settlement Hearing" on June 21st at 1:30 pm I think that's a Monday, so I shouldn't have to miss any school. We'll see how it goes. I've asked that everything be "no time waiver" now, which means if things aren't ready to go, boo-hoo, we're all locked in. So, we'll just see how it goes from here. Worst case scenario: I'm found guilty (even though I'm not) and I can still appeal (based on the loss of the Motion to Suppress, and based on "inadeuqate council" if Dena doesn't bring everything to bear -- like witnesses I've told her about -- during the trial). But we're not there yet. One step ata time... Still...

On the good news side: I got a call from Barbara saying that Jerry Bird and Robert Lake, on our side, went to the arraignment hearing in Sacramento Federal Court for Darrin Johnston, Todd Smith and Cheryl Petersen. Jerry and Robert said they were brought into the courtroom in shackles (ankles and waist) and looked "despondent". They all pleaded "not guilty", which was no surprise to me, so now their legal purgatory starts. Their case is under US v Martin el al. Darrin is having his daddy pay his legal fees, but the other ones got public defenders. That seems kind of odd, considering how much money they have stashed all over the country (and out of it), but I guess they have to play the woe-is-me card at least once; the Feds may also have all of their bank accounts frozen so they can't spend a dime of the money they DO have.

Probably the saddest thing in this is reading a letter posted by Darrin's teenage son in the newspaper claiming that his father is completely innocent and is the victim in all of this. What's sad to me isn't that he wrote the letter (I didn't expect him to "turn" on his dad) but that he wrote with such vitriol against Darrin's victims claiming we were all "lazy bums who couldn't pay our bills" and "deserved to lose our homes". Darrin's got that poor, dispassionate, non-empathetic kid totally brain washed... and that's Darrin's legacy to the planet. Is it rude to say, no thanks, you can keep it?
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