J Faller what the deal is in RC

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#21 Nov 21, 2007
Truth wrote:
http://www.sec.gov/litigation/ litreleases/lr15117.txt
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15117 / October 11, 1996
SEC v. JAMES S. FALLER, II and Rolan Colon, Civil No. 96-7125
CIV-Nesbitt (S.D. Fl)
The Securities and Exchange Commission ("Commission") today
announced that on September 30, 1996, a complaint was filed in
the U.S. District Court for the Southern District of Florida
against James S. Faller, II ("Faller") of Augusta, Georgia and
Rolan Colon ("Colon") of Hialeah, Florida, alleging violations of
Section 17(a) of the Securities Act of 1933 ("Securities Act")
and Section 10(b) of the Securities Exchange Act of 1934
("Exchange Act") and Rule 10b-5 thereunder. The Commission is
seeking permanent injunctions and disgorgement.
The complaint alleges that Faller and Colon, while
consultants to Evro Corporation, caused Evro Corporation to issue
a false press release on August 23, 1993. Evro Corporation was
located in Tampa, Florida. Its stock is traded on NASDAQ. The
false press release stated that Evro had obtained a $30 million
loan commitment to finance the development and sale of its
products. The complaint alleges that Faller and Colon were
engage to obtain the $30 million loan for Evro. Further, it
alleges that prior to the issuance of the false release, Faller
and Colon, in violation of their fiduciary duty owed to Evro
Corporation and its shareholders, while in possession of material
non-public information, each purchased 20,000 shares of Evro
common stock which they sold shortly after the issuance of the
release at profits of over 40%. The complaint further alleges
that no loan was ever made to Evro Corporation and that Faller
and Colon knew no loan would be made to Evro Corporation by the
purported lender.
The Court has now stated I am a victim because the Government hid and or destroyed some 50,000 documents shwoing I was the single largets victim of the case charged. There are more cases out there as well. They too are connected to the Florida case, all in the process of reversal. Oops, get it right and complete. THIS IS OLD NEWS
Ha ha

Campbellsville, KY

#22 Nov 21, 2007
Yeah, that's what I was thinking. He's been down several roads before.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#23 Nov 21, 2007
Businessman Imprisoned As Government Hid Evidence Showing Innocence

By Bill Moushey

James Faller claimed innocence in a complicated loan fraud from the time he reported it to Florida regulators more than 10 years ago, when he tried to explain it to an FBI Agent, when he was indicted, tried, convicted and sentenced to prison.

Along the way he infuriated federal prosecutors by making hundreds of allegations of misconduct at virtually every stage of his prosecution in the $3.6 million fraud because, he claims, they got the wrong guy.

He sent every member of Congress voluminous packages of documents showing he was a victim of the fraud, that prosecutors had illegally imprisoned him with false information three times, they had hidden exculpatory evidence and twisted innocent information into evidence against him.

While the feds angrily denied his accusations and won convictions against him in 2002, on the day he and a co-defendant were sentenced, they found an unlikely ally in the presiding federal judge:

“…having heard all the testimony, I didn’t come away with an overwhelming conviction that these defendants were participating in this… I could certainly see where they could have been duped…” said U.S. District Judge Kenneth Ryskamp of the U.S. District Court for the Southern District of Florida from the bench in September 2003.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#24 Nov 21, 2007
In May of 2004, while I was ebing held in the hole in federal prison because of false charges filed here, the Federal Judge went much further and said he believed I am a victim. They held me in the hole to prevent me from contacting lawyers and the media. It failed. What no one knew was that the fact that they caused my child to be raped, the death of two others, attempts on my life etc, etc, etc, I decided to learn the system and fight them ontheir own ground. I have been winning an inch at a time ever since. The federal prosecutor has been fired and will be prosecuted for sure.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#25 Nov 21, 2007
Truth wrote:
https://pacer.psc.uscourts.gov /psco/cgi-bin/register.pl
A website where you can find court info.
Truth, make sure you tell it. The link you offered requires an account. Simply name the motion, pleading or othewise and I will post it on a web site soon. They all lead to one thing, the COurt has now recognized I am a victim,,,,, of people like you that want to twist the truth.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#26 Nov 21, 2007
Question wrote:
Mr. Faller how do we know this isn't someone else posing as Mr. Faller on Topix. Could this be a rouse much like the ones described in the material we received in the mail today. Could this be a setup to catch the ones who speak out against Chief Irvin.
It is not someone else. I realize your problem since one of the posters tonight is one of the ones about to be charged.
curious

Russell Springs, KY

#27 Nov 21, 2007
Jim Faller wrote:
<quoted text>Thank you. That is correct. Let me give you an example of what I have been through; I was held a year without bond only to be released when I showed the Court, amoung other things that the case agent put my child in harms way of a pedophile who raped my child. Then my wife miscarried when she was constantly threatened and finally our 20 year old died of a drug overdose because we could not get to her due to the circumstances which were caused by the people who are targeted in this matter. After all of this the Court refused to to incarcertae me or sentence me, despite a jury convicted me. The court has now said I am a victim. No kidding.
Please refresh our memories about all those employees at the call center and their paychecks please.
Curious

Russell Springs, KY

#28 Nov 21, 2007
This is simply fasinating to me! I'm not sure I understand everything that has been presented in your mailing, but I keep looking over it and each time find something else to make me question things and this counties SOP. I myself have been "victim" of the officials and their misconduct, so it pleases me to have the pleasure to witness these recent events and I await further progress.

It is time for every citizen of this county to utilize some critical thinking skills and get involved with what our "officials" are doing.

Again good luck with your work and thank you for the time and money you have invested. That mailer alone could not have been cheap.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#29 Nov 21, 2007
Here is a web site with the facts. This site was operated by a reporter from the Pittsburgh Post Gazette.
http://www.pointpark.edu/default.aspx...
bill

Russell Springs, KY

#30 Nov 21, 2007
thanx for the mail jim, im glad the general public can judge now from another side of the story.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#31 Nov 21, 2007
curious wrote:
<quoted text>Please refresh our memories about all those employees at the call center and their paychecks please.
No problem,, the checks were stolen and charges are pending for the thieves. There was a finding that my signature was forged on a $50,000 bond by one of them. You need to stay current with all of this. Did I mention one of the claimants was in a mental institution in Oklahoma when she claimed she was owed $30,000 for two weeks pay. It's in the mailer.
bill

Russell Springs, KY

#32 Nov 21, 2007
maybe every person who is interested should be at j-town on the 27th to witness how our kangaroo court handles this one, lets not let them push this one under the rug, i will be there!lets clean up our county and city government here.
Maybe so

Campbellsville, KY

#33 Nov 21, 2007
Seems like you're always the victim hmmm.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#34 Nov 21, 2007
In twist-ridden case, accused wants U.S. prosecutor probed
By Susan Spencer-Wendel
Palm Beach Post Staff Writer
Monday, January 17, 2005
WEST PALM BEACH — The federal judge on the case once called it the "most difficult and troubling" of his career and questioned aloud whether one of the men convicted might indeed be a victim.
Now the man in the $6 million loan scam case is asking Senior U.S. District Judge Kenneth Ryskamp to probe the actions of a veteran federal prosecutor, claiming the prosecutor withheld crucial evidence in a quest to win at all costs.
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Defendant James Faller, convicted of fraud, is asking the judge to empanel a special grand jury to look at the actions of Assistant U.S. Attorney James McAdams III.
Faller outlines in his 34-page request a pattern of withholding evidence, an FBI agent threatening him and his family, McAdams telling jurors baldfaced lies and sitting on documents that could have proved Faller's innocence.
Faller details how 40 boxes of recently released evidence debunk the key arguments prosecutors used at his 2000 trial.
"From the new material it is clear that when faced with the fact that the defendants were innocent, Mr. McAdams would not strive to find the truth. Instead, he would seek to hide it, even if it meant allowing and instigating crimes," Faller wrote.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#35 Nov 21, 2007
McAdams, 56, is a veteran prosecutor who once moved in Washington circles, working on intelligence policy review at the Department of Justice. He was at one time the acting U.S. attorney for South Florida, appointed after the resignation of the controversial Dexter Lehtinen. McAdams also was one of five prosecutors assigned to the case of deposed Panamanian dictator Manuel Noriega. Now he is assigned to the U.S. Attorney's Office in Fort Pierce.
McAdams declined to comment because the case is on appeal.
Underlying question: Why?
In the appeal, prosecutors say there was ample evidence Faller knew he was involved in a fraudulent scheme, that he kept selling loans, that he even established a separate company to sell fraudulent loans on his own.
That evidence outweighs any improper references made at trial. "A defendant is entitled to a fair trial, not a perfect one," an appellate pleading states.
And a major unanswered question underlies all Faller's claims: Why? Why would McAdams risk his career to slam Faller, one of the lowest-rung members of a middling fraud scheme?
As federal frauds go, the case was relatively small change, just $6 million. The stock frauds and consumer scams that grab headlines usually top $40 million or $50 million.
But as criminal cases go, it's a torturous one, more than seven years old. Jim Faller has railed and railed about his innocence throughout his arrest, conviction and imprisonment. He railed that he didn't know the loans he was selling would never be funded. He railed that he was being harassed and threatened by federal agents. He railed that he is not the con man, that he is the one who got conned.
Complicated scam
Faller was a salesman in the advance-fee loan business, begun in the early 1990s in South Florida and elsewhere.
Advance-fee loan scams are among the oldest white-collar crimes. The scam typically involves a company promising to lend money if a borrower pays an upfront fee. But after collecting the fee no loan is made.
The company Faller worked for was a true scam artist's scam. He had to sell to sophisticated business people, telling them there were millions of dollars in banks in Luxembourg to be used for loans. Faller would ask for a payment ahead of time — anywhere from $25,000 to $325,000 — but then his bosses never loaned out the millions promised to the investors.
Judge Ryskamp himself has said it was a scheme so complicated that it fooled very sophisticated investors, "so it's not surprising that it would fool them (Faller and a co-defendant) in this case."
Faller, 44, sold the loans out of a business in Tampa called International Business Service Alliance. A stockbroker by training, Faller and others partnered with a Canadian boss named Richard Armand Adam. Adam promised to pay the loans.
When Faller expressed skepticism about the business, Adam took him in 1993 to meet the general director of a Luxembourg bank to show him the accounts. They were all sitting in the director's wood-paneled office when Adam asked the director to show Faller how much money he had in accounts.

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#36 Nov 21, 2007
"He spun the screen around and there it was in U.S. dollars,$30 million," Faller says today.
But Faller says he again became suspicious after no loans he sold in the United States closed. He then checked Adam's past and found a criminal history in Canada. He reported Adam to the authorities in late 1993, told his clients that Adam was a crook and quit.
Years later, Faller would discover that he too was considered a crook. An FBI agent appeared at a custody hearing over his children and served him a grand jury subpoena for handwriting samples.
In 1997, a federal grand jury indicted Faller, along with Adam and five others, on mail fraud, conspiracy and illegal scheme charges. Faller faced up to 20 years in prison.
Prosecutors: Innocence lost
At trial in 2000 in West Palm Beach, prosecutor McAdams argued that Faller and others may have been innocent up to a point. But they became co-conspirators with Adam when they continued to sell loans after they knew they would never be made.
McAdams and a fellow prosecutor put on the stand victim witnesses who testified that Faller had told them he had previously funded loans, in effect painting Faller as a liar. He told jurors that Faller started up a fraudulent company on his own. McAdams showed jurors a picture of Faller's home in France, later intimating that Faller bought it with money he ripped off from investors.
Those are all claims Faller says he can now disprove with documents released last year.
At the end of his trial, jurors convicted Faller and co-defendant Barbara Murray, of International Business Service Alliance's Connecticut office, of conspiracy to commit mail fraud and money laundering.
Faller and Murray, two low-ranking salespeople, were the only ones in the group who went to trial rather then plead guilty in exchange for more lenient sentences. After the verdict, they faced a possible 10 years in prison.
Judge Ryskamp, already noting his reservations about the convictions, immediately released them on bond and wouldn't sentence them for another three years.
A troubled judge

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#37 Nov 21, 2007
Faller has a very good reason to continue railing.
He's been financially and emotionally devastated by what he calls prosecutors' and FBI agents' relentless pursuit.
He was once a millionaire with Internet start-up businesses and investments, he says. Now, free on supervised release, he lives in Kentucky and is broke. He represents himself in his request for the special grand jury.
Faller faces another criminal case in Kentucky for ripping off his employees, and four civil lawsuits. All, he says, are the result of prosecutors' pursuit of him.
"The thing that bothers me the most is we live under such a false belief that the laws and courts will protect us," Faller says.
He's also been to prison — "636 days," he says.
And he may have to go back again for thousands of days more.
Prosecutors are asking that Faller be resentenced to at least 15 years, challenging the lenient 2-year sentence that Ryskamp initially gave him in 2003.
At that sentencing, Ryskamp called it the most troubling case of his career. He said he had never seen a case where there was so much "personal feeling" on the part of prosecutors, and that had caused problems. The judge noted that he was concerned about the prosecution's failure to turn over records in the case, and that he was concerned about things like the "playing of games" with respect to the photo of Faller's home in France.
Faller's French home had not been bought with victims' money. And prosecutors had misrepresented why they wanted to bring it up at trial, he said.
On these and other grounds, Faller has repeatedly asked for a new trial. But while Ryskamp has repeatedly voiced concerns over the jury's conviction, he's never granted a new trial. Nor have two federal magistrate judges who've heard Faller's issues given him any great relief.
The chief federal prosecutor for South Florida firmly stands by McAdams.
"I have full confidence in ... James McAdams. He is a great prosecutor and a very valuable asset to the office," said Marcos Jiménez, U.S. attorney for the Southern District of Florida.
Missing files

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#38 Nov 21, 2007
Faller's attorney, David Axelrod of Ohio, who represents Faller in front of the federal appeals court, is a former federal prosecutor who worked in the same office as McAdams years ago. Axelrod does not represent Faller in the special request for a grand jury.
Axelrod believes that Faller is an innocent man wrongly convicted and repeatedly subjected to violations of his constitutional rights.
Axelrod ticks off a list of least 10 things that have happened to Faller that he said make it the most bizarre case he's ever seen in 26 years of practice. The judge repeatedly voicing doubt over the conviction; the ringleader Adam, a man with a lengthy criminal history, getting a sweet deal from the government; Faller's repeated arrest while out on bond for minor infractions; and FBI agents "haunting" Faller over the years.
And now the most recent and confounding twist: Fifty-three of the transcripts from Faller's 2000 trial have gone missing. The court clerk recently notified Axelrod, offering no explanation of why, he says.
Axelrod says that raises serious questions about Faller's appeal.
"How can they (judges) rule on a case when they don't have a complete record to look at?" he says.
It is unclear when the appellate court will rule. It's also unclear when Ryskamp will rule on Faller's request for a special grand jury.
Axelrod says he can't ascribe any evil motive to anyone in the case. Nor does he have to.
"Jim Faller may never be able to say why these things happened, but he can say what happened," Axelrod says. "Why, is soft fact. What, is a hard fact. He sure as heck can say what happened."

“Justicewatch”

Since: Nov 07

Russell Springs, Ky

#39 Nov 21, 2007
In twist-ridden case, accused wants U.S. prosecutor probed
By Susan Spencer-Wendel
Palm Beach Post Staff Writer
Monday, January 17, 2005
WEST PALM BEACH — The federal judge on the case once called it the "most difficult and troubling" of his career and questioned aloud whether one of the men convicted might indeed be a victim.
Now the man in the $6 million loan scam case is asking Senior U.S. District Judge Kenneth Ryskamp to probe the actions of a veteran federal prosecutor, claiming the prosecutor withheld crucial evidence in a quest to win at all costs.
More News
• Latest AP news
• Political coverage
• Latest from Iraq
• Florida Lotto numbers
• Special Reports

Defendant James Faller, convicted of fraud, is asking the judge to empanel a special grand jury to look at the actions of Assistant U.S. Attorney James McAdams III.
Faller outlines in his 34-page request a pattern of withholding evidence, an FBI agent threatening him and his family, McAdams telling jurors baldfaced lies and sitting on documents that could have proved Faller's innocence.
Faller details how 40 boxes of recently released evidence debunk the key arguments prosecutors used at his 2000 trial.
"From the new material it is clear that when faced with the fact that the defendants were innocent, Mr. McAdams would not strive to find the truth. Instead, he would seek to hide it, even if it meant allowing and instigating crimes," Faller wrote.
McAdams, 56, is a veteran prosecutor who once moved in Washington circles, working on intelligence policy review at the Department of Justice. He was at one time the acting U.S. attorney for South Florida, appointed after the resignation of the controversial Dexter Lehtinen. McAdams also was one of five prosecutors assigned to the case of deposed Panamanian dictator Manuel Noriega. Now he is assigned to the U.S. Attorney's Office in Fort Pierce.
City Voter

Russell Springs, KY

#40 Nov 21, 2007
What has been the role of the city commissioners in all of this? Particularly the police commissioners? Did they know of any wrongdoing? Did they participate in any wrongdoing?

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