UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500
MOTION INFORMATION STATEMENT
Docket Number(s): 13-4865
------------------------------
Motion for: To stay execution of sentence
pending appeal and to expedite
this motion
Set forth below precise, complete statement of relief sought:
Counsel hereby adopts the Appellant's pro
se motion for a stay of execution of sentence
pending appeal
MOVINp...I;ARTY: ROBERT RIVERNIDER
UPlaintiff Defendant
DAppeliantlPetitioner AppelleelRespondent
MOVING ATTORNEY: SALLY WASSERMAN
Caption [use short title]
United States of America, Appellee, -V.- Robert
Rivernider, Defendant-Appellant.
OPPOSING PARTY: US ATTY (CONNECTICUT)
OPPOSING ATTORNEY: AUSA JOHN H DURHAM
[name of attomey, with firm, address, phone number and e-mail]
352 SEVENTH AVENUE- 11TH FLOOR 157 CHURCH STREET, 23RD FLOOR
NEW YORK, NY 10001
212-631-7504 sallywassermanesq@gmail.com
Court-Judge/Agency appealed from: U.S. District Court (CT) (Chatigny, J.)
Please check appropriate boxes:
Has movant notified opposing counsel (required by Local Rule 27.J):
o YesDNo (explain): __________________ _
position on motion:
U Unopposed 00pposed Gon 't Know
Does opposing counsel intend to file a response:
o Yes Go Gon't Know
FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND
INJUNCTIONS PENDING APPEAL:
Has request for relief been made below?
Has this relief been previously sought in this Court?
DYes 0No
DYes 0No
Requested return date and explanation of emergency: _______ _
The Appellant is due to surrender on 01/29/14.
It is respectfully requested that this Court
rule on this motion as soon as possible of stay
execution of sentence pending a ruling thereupon
Is oral argument on motion requested? DYes 0 No (requests for oral argument will not necessarily be granted)
Has argument date of appeal been set? DYes 0No Ifyes,enterdate: _________________________________ _

Date: 01/23/2014
Service by: 0CM/ECF D Other [Attach proof of service]
Form T-1080 (rev. 12-13)
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
-------------------------------------------------------------x
UNITED STATES OF AMERICA,
Appellee,
-against-
ROBERT RIVERNIDER,
Defendant -Appellant.
--------------------------------------------------------------x
AFFIRMATION IN
SUPPORT OF
MOTION TO
STAY EXECUTION
OF SENTENCE
Docket Number
13-4865
SALL Y WASSERMAN, an attorney admitted to practice before this United
States Court of Appeals for the Second Circuit Court affirms the following to be
true under the penalty of perjury:
1. By Order of this Court, I am counsel to Appellant Robert Rivernider in
connection with the appeal of a judgment entered December 20, 2013, upon a plea
of guilt, by which the Appellant was convicted of conspiracy to commit wire fraud
pursuant to 18 U.S.C. 1349 (2 counts), and wire fraud pursuant to 18 U.S.C.
1343 (16 counts). The Appellant's plea was entered in the midst of trial.
2. In connection with this conviction, Mr. Rivernider was sentenced to
concurrent sentences of 144 months, to be followed by a 3-year period of
supervised release. By the terms of the judgment, Mr. Rivernider is to surrender on
January 29,2014.
3. On this Day, Mr. Rivernider has provided me with a pro se motion to stay
execution of sentence pending appeal, annexed hereto as Exhibit A and hereby
incorporated. Because I am not yet in a position to bring such a motion on his
behalf, as I was assigned to this case less than two weeks ago and have not yet
assembled and reviewed the file or obtained a complete set of transcripts, I hereby
adopt the Appellant's annexed pro se motion for the purpose of filing.
4. In an e-mail this Day, I provided the annexed pro se motion to my
opponent, Assistant United States Attorney John H. Durham. In a telephone
conference following that e-mail, Attorney Durham advised me that the
Government opposed the grant of the relief sought herein and, further, might elect,
after an opportunity to review the motion, to file reply papers in opposition.
WHEREFORE, on behalf of the Appellant, Mr. Robert Rivernider, I
respectfully request that this Court accept the annexed pro se motion for filing and,
because Mr. Rivernider has been ordered to surrender no later than 11 :00 a.m. on
January 29,2014, grant this motion expedited treatment.
~
~ a ~ : S
CJA Counsel to the Appellant Robert Rivernider
352 Seventh Avenue- 11 th Floor
New York, New York 10001
(212) 631-7504
EXHIBIT A
UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT
UNITED STATES OF AMERICA,
Appellee,
V.
ROBERT RIVERNIDER,
Defendant-Appellant
Docket No. 13-4865
January 22,2014
EMERGENCY MOTION TO STAY SURRENDER PENDING APPEAL
Comes now defendant Robert Rivemider, Pro Se, pursuant to 18 U.S.c. Section 3143(b) hereby
respectfully requests that this Honorable Court stay Defendant's surrender to the correctional
facility to which he is designated pending appeal ofthe District Court's Judgment.
This Motion is made and based upon all pleadings and papers on file herein and the attached
Memorandum of Points and Authorities; and in support of this Motion, Mr. Rivemider
respectfully assigns the following:
1. That he is not likely to flee or pose a danger to the safety of any other person or the
community;
2. That his appeal is not for the purpose of delay and raises several substantial issues oflaw and
facts likely to result in reversal; and
3. That he has not been found guilty of an offense in a case described in subparagraph (A), (B),
or (C) of subsection (f)(1) of 18 U.S.c. Section 3142.
ARGUMENT
18 U.S.c. Section 3143 provides, in pertinent part, as follows:
"(b) Release or detention pending appeal by the defendant.--(1) Except as provided in paragraph
(2), the judicial officer shall order that a person who has been found guilty of an offense and
sentenced to a tenn of imprisonment, and who has filed an appeal or a petition for a writ of
certiorari, be detained, unless the judicial officer finds--
(A) by clear and convincing evidence that the person is not likely to flee or pose a danger to the
safety of any other person or the community if released under section 3142(b) or (c) of this title;
and
(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact
likely to result in--
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a tenn of imprisonment, or
(iv) a reduced sentence to a tenn of imprisonment less than the total of the time already served
plus the expected duration of the appeal process.
If the judicial officer makes such findings, such judicial officer shall order the release of the
person in accordance with section 3142(b) or cc) of this title, except that in the circumstance
described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order the detention
tenninated at the expiration of the likely reduced sentence.
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case
described in subparagraph (A), (B), or (C) of subsection (0(1) of section 3142 and sentenced to a
tenn of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be
detained."
Thus, Section 3143 requires that the Court pennit the release of a defendant where the
appropriate circumstances apply. Mr. Rivemider respectfully submits that such circumstances are
applicable in the instant case.
Indeed, Mr. Rivemider has not been found guilty of an offense in a case described in
subparagraph (A), (B), or (C) of subsection (f)(1) of 18 U.S.c. Section 3142. He is not likely to
flee or pose a danger to the safety of any other person or the community. Additionally, his appeal
to the Second Circuit is not for the purpose of delay, but rather, raises substantial issues of law
and fact likely to result in reversal, including the following:
1. Due Process Violation
Government Agents knowingly and willfully violated Mr. Rivemider's rights under the Crime
Victims Rights Act (CVRA), 18 U.S.C. 3771, and the Mandatory Victims Restitution Act by
not notifying Mr. Rivemider, as required under the law so he could not "hold up a victims letter
in their case as a defense", thereby committing a crime, also causing a Brady violation, which
violated Mr. Rivemider's Due Process Rights and Right to a Fair and Open Trial. See Exhibit 1,
SEC-006843. FBI Agent Mason e-mail exchange with Anne Gannon, July 29, 2009, discussing
notifying victims of US v. David Praise. Exhibit 2. SEC-006831, Special Agent (SA) West e-
mails SA Mason February 14,2011, which does not appear to be the first time they
communicated, yet it is the only communication the defense received. If the defendants Due
Process Rights were violated on July 29, 2009, or certainly by February 14,2011, by a criminal
act, a violation of the CVRA, by Government agents who were in contact with the lead
investigator, SA West, and possibly the AUSA in CT that was investigating the defendant, is
everything that happened after this Due Process Violation null and void, which would include the
indictment, the trial, the defendants plea, as well as the judgement against the defendant ordering
the defendant to spend 144 months in prison?
2. Violation of the Confrontation Clause of the 6th Amendment
After Mr. Rivemider and co-defendant Loretta Seneca plead guilty, witnesses testified before this
court in this case against Robert Ponte that had no relationship to Mr. Ponte. Mr. Ponte had no
knowledge about these witnesses and thereby could not effectively cross exam them. Mr.
Rivemider could not cross examine these witnesses which certainly could have exposed perjured
testimony. The prosecution quotes the false testimony of Tosha Wade in their sentencing
memorandum as well as the loss calculation which are based on false infonnation regarding Mr.
Rivemider allegedly telling Wade not to tell lenders about certain incentives offered by the
defendant. This Court has emphasized that the Confrontation Clause of the Sixth Amendment
includes an inherent mandate guaranteeing criminal defendants the opportunity for cross-
examination of the witnesses against them. Cotto v. Herbert, 331 F.3d 217, 229, 245 (2d. Cir.
2003) (citing Davis v. Alaska, 415 U.S. 308, 315- 16 (1974)). As the Supreme Court has stated,
"Cross-examination is the principal means by which the believability of a witness and the truth
of his testimony are tested," Davis, 415 U.S. at 316, and "[t]he opportunity for cross-
examination, protected by the Confrontation Clause, is critical for ensuring the integrity of the
fact-finding process." Kentucky v. Stincer, 482 U.S. 730, 736 (1987). For these reasons, it is
axiomatic that testimony not subject to an opportunity for cross examination must be stricken.
See, e.g., Dunbar v. Harris, 612 F.2d 690, 692 (2d Cir.1979); United States v. Cardillo, 316 F.2d
606,611 (2d Cir. 1963); accord United States v. Malsom, 779 F.2d 1228, 1239 (7th Cir. 1985);
United States. v. Lyons, 703 F.2d 815, 819 (5th Cir. 1983).
Defense counsel told Mr. Rivernider that Mr. Ponte would plead once he did, which lead Mr.
Rivernider to believe that no additional witnesses would be testifying falsely and thereby
committing perjury, this was a key factor in Mr. Rivernider's decision to give up. Defense
Counsel was wrong and Mr. Ponte did not plead when Mr. Rivernider did allowing additional
witnesses to testify falsely. This false testimony that was then on the record without any effective
cross examination caused defense counsel to not argue the loss on each mortgage loan or that Mr.
Rivernider was aware of a misrepresentation on each loan, which would have been impossible to
do as Mr. Rivernider had no knowledge of the misrepresentation's or that they were in fact
misrepresentation's or that if their were misrepresentation's that they were material, as required,
which Mr. Rivernider believed had to happen, due to Tosha Wade's false testimony that the
defendant told her not to tell the lenders about the incentive program. Mr. Rivernider openly
advertised the incentive program in the newspaper, Exhibit 3, SW-009794, posted on the internet
and had flyer's in the office detailing the program. Wade's testimony should be stricken and a loss
hearing conducted to determine the true loss based on each loan and whether or not their was, in
fact, a material misrepresentation which Mr. Rivernider had knowledge about.
3. Brady Violations OR Violations of the American Bar Standard 3-3.11 Disclosure of
Evidence by the Prosecutor (c) A prosecutor should not intentionally avoid pursuit of evidence
because he or she believes it will damage the prosecution's case or aid the accused.
The prosecution failed to tum over, or intentionally avoid pursuit of evidence, specifically:
a) Wells Fargo's settlement with the Borrower's, as stated in an e-mail from SA West to AUSA
Schmeisser and AU SA Durham dated August 13,2010, exhibit 23, USAO-002098. As the DO]
in recent court filings has now accused Wells Fargo of engaging in "loan origination fraud" this
settlement may provide exculpatory evidence as to materiality of whatever misrepresentations
are alleged by the prosecution.
b) Failure to tum over Wells Fargo records regarding their investigation in August 2007 resulting
in Shellie Kemp's suspension as the records would show why Kemp was suspended and would
contain evidence about what Wells Fargo knew about the Cut Above Ventures (CAV) deals. As
Wells Fargo then allowed Kemp to continue to do business with CAV, clearly whatever the
prosecution is alleging Mr. Rivemider did that deceived or defrauded Wells Fargo was not
material and known by Wells Fargo. Wells Fargo placed just 2 conditions on Kemp, 1. be sure
you speak to the borrowers and 2. ~ not list the CAV Marketing fee on the HUD. Wells Fargo
did not say Kemp could not use all the income that would be used to repay the loan or that the
marketing fee could not be paid, it just could not be displayed on the HUD. As the 7th Circuit
recently stated in U.S. v. Phillips\Hall, No. 11 CR 00012 (BBC) (9-4-13) reversing and
remanding for a new trial, said (this was proper in the case of a stated-income loan because what
the bank was asking for was the total income from which the loan would be repaid rather than
just the borrower's income'')
c) Prosecution failed to tum over any correspondents and\or investigations from Rosemary
Canales, an investigator with Wells Fargo Bank, who referred Alfred Vigil to SA West, as SA
West wrote in Mr. Vigil's 302 as early as August 12, 2009, USAO-000276, Exhibit 4, More than
THREE AND HALF YEARS before trial.
d) SA West interviewed Karen Lewis of United Guaranty (UG) on 10/13/2010, exhibit 5,
regarding a Wells Fargo claim to collect on insurance. UG determined the loan to be fraudulent,
the defense was not provided with Wells Fargo's claims or any appeal, unlike SunTrust who
included their claim and appeal in response to subpoena's, as documented in exhibit 23.
SunTrust argues that income is not material because these are "no income loans", did Wells
Fargo make a similar argument? If so, any loan that was used in calculating loss due to income
with Wells Fargo or SunTrust should have been eliminated for the loss figures as should Wells
Fargo and SunTrust be eliminated as victims. As SA West claims he did not speak to the lenders
and the lenders argued that the income is not material, the materiality requirement of the wire
fraud charges can not be sustained and the defendants motion for a new trial MUST be approved.
e) Complete Bank of America (BOA) records even after the BOA rep testified at trial that the
needed eXCUlpatory records were on another server and they would have turned them over if they
had been asked for them, they were. These records go to loss, guilt, and credibility of the
witnesses, as well as the prosecution and their investigators, as they continued to argue as late as
December 17,2013, "the defendant created innumerable direct payments from that Cut Above
Ventures bank account, making it pretty much impossible to accurately determine where all the
monies went and who benefitted from those direct payments. ". It would not have been impossible
if the prosecution just asked Bank of America to provide the records that the prosecution knew
existed and were on another server, as the BOA rep testified to at trial. The only reason to not ask
BOA for these records, is they already had them, they intentionally withheld them as they are
exculpatory, thereby violating Brady again. A violation that is not unfamiliar to the prosecution
in this case, in fact a previous violation was part of a dissenting opinion from Chief Judge
Kozinski in the 9th circuit court of appeals citing United States v. Triumph Capital Grp., Inc, 544
F.3d 149 (2nd Cir. 2008), which was argued by the same lead prosecutor in the instant case.
Chief Judge Kosinski states in U.S. v. Olsen, No. 10-36063, "There is an epidemic of Brady
violations abroad in the land. Only judges can put a stop to it" and goes on to say ''protecting
the constitutional rights of the accused was not very high on the prosecutor's list of priorities",
as they certainly were not here. The defendant will be asking the 2nd Circuit to put a stop to the
epidemic of Brady violations by acting in this case to dismiss the indictment, or order the
defendants plea to be withdrawn, so that the defendant can attempt to get a fair trial as required
by the United States Constitution and the Bill of Rights.
f) Complete records from TN State Bank (TSB), The prosecution subpoenaed and received bank
records from TSB, the requested records asked for all records for Roberts' Hall, Ponte and
Rivernider. See attached return envelope mailed to SA West on July 14,2009, which is stamped
opened and inspected on June 20,2009, Exhibit 6. The defense was not provided the mortgage
records associated with Robert Hall who purchased a property under Cut Above Venture to build
a cabin development to expand the cabin rental company, an investment of CA V. This is exactly
what Mr. Rivernider said he was going to be doing in the Shirley Hibbard e-mail when he said he
would just build them instead. Since this closed in November 20007, the deposit made by check,
$74,800, on September 10,2007, the date of the "Recipe" e-mail, it also shows that the defendant
did not believe the absurd claims continually argued by the prosecution that Mr. Rivernider knew
"the house of cards was collapsing" on September 10, 2007.
g) MYICIS records, according to the SEC in Arkansas the FBI and the IRS, exhibit 47, were
heading up the investigation into MYICIS. Which means they had to have the records. The
prosecution did not tum over the records which would show money being invested, money
coming back from investments, money being paid to clients, etc. This goes to loss calculations,
earnest money deposits being fronted by CAY as all charged real estate counts, as the clients
previously sent money to NMB and it was returned to them for the purchase of the property. The
defense would be able to demonstrate on all charged counts any down payment money returned
to the client who needed it to purchase a property was originally lent to NMB by the client and
then returned to them.
Defendants Motion For a New Trial and to Withdraw his Plea
Mr. Rivernider motion and pleaded with this court to allow him to withdraw his coerced plea.
Mr. Rivernider is appealing the ruling of this court which has a high likelihood of being
approved by the 2nd Circuit Court if Appeal. Mr. Rivernider has been appointed new counsel for
the appeal, appointed just last week. This case has an extensive history as well as extensive
amount of documents. Mr. Rivernider will be irreparably harmed by not being available to
consult with counsel to assist in properly preparing an appeal, as well as the numerous issues for
appeal, detailed not only here but in the defendants Pro Se Motion to Dismiss the Indictment and
to Withdraw his Plea, docket #571. Several issues on appeal will be Ineffective Assistance of
Counsel, coercion to plead, improper canvas, counsel's incorrect legal advise induced the plead,
incorrect collateral consequences, and the plea was involuntary and unintelligent.
The admission of offensive conduct that the court received differed from what Mr. Rivernider
was presented with and discussed with Mr. Bergenn at Dr. Fillipopoulos' office. The admission of
conduct Mr. Rivernider was given is attached, Exhibit 7. This admission does not say, nor would
Mr. Rivernider state, as it is not true, that he willfully or knowingly intended to deceive anyone.
Mr. Bergenn said he was a wordsmith and asked questions like, the properties were marked up
about 25% more than the seller agreed to accept, not having calculated things that way Mr.
Rivernider responded "I guess that may be right". The properties were offered to buyers for the
price the market said they were worth based on independent appraisers, and the realtors who
were selling them said they were worth. The buyer made the decision to purchase or not. After
2.5 days of being told Mr. Rivernider had brain damage by an experienced attorney and a doctor,
and that Mr. Bergenn could not go back to court on moral grounds due to this alleged brain
damage, Mr. Rivernider had no choice but to very reluctantly agreed to whatever he had to do
just to stop the badgering. After all day at Mr. Bergenn's office on Sunday February 24, 2013,
exhibit 8, after having finally having a chance to eat and consider pleading guilty, with ongoing
e-mail badgering late into the night, Mr. Rivernider wrote:
Sent: Sunday, February 24,2013 10:25 PM
SEE YOU IN COURT A 9 AM I WILL TAKE THE LEAD IF NEED BE
Sent: Sunday, February 24,2013 10:28 PM
"DEAL IS OFF"
Sent: Sunday, February 24,2013 10:46 PM
"LOOKING FORWARD TO 5 MORE WEEKS OF TRIAL PLUS DEFENSE CASE"
The badgering just continued starting just after 6 AM Monday morning with text messages, e-
mails, phone calls from Bergenn, Mr. Chase, and Dr. Fillippopoulos. Mr. Rivernider went to Mr.
Bergenn's office and was badgered relentlessly again, telling him this is the best thing for him,
that he would be able to see his kids, and that hel would get back to them soon. Which now we
know none of that is true, as Mr. Rivernider is going to be 400 miles away from his kids for 144
months, which means he will not be able to see them and won't see them again until they are no
longer kids. Mr. Rivernider plead guilty based on inaccurate advise of counsel, both regarding
the collateral consequences of pleading and the reason he plead. Mr. Rivernider plead based on
having brain damage which the prosecution and their doctors argue he did not have, nor did he
have at the time of the alleged crimes, the court agreed with the prosecution.
Multiple attempts to file a motion to dismiss and withdraw plea
Almost immediately after pleading, Mr. Rivernider believeddefense counsel would start finally
working on the multiple violations of his constitutional rights and all the due process violations.
Mr. Rivernider believed, based on questioning Mr. Bergenn at the plea hearing, as well the court
stating, "1 should point out that a person who pleads guilty retains a right to challenge his or her
conviction if he or she has a good faith belief that the conviction in the product of a violation of
his constitutional rights, specifically the right to the effective assistance of counsel and the right
to a fundamentally fair proceeding. So that if a defendant believes that his or her guilty plea
results from the failure of his or her counsel to represent them adequately or misconduct on the
part of the government in violation of due process, then the person retains a right to appeal the
conviction notwithstanding the guilty plea. ", that once the court became aware ofthe violations
of Mr. Rivernider's Constitutional Rights, the many things the prosecution did wrong, and the
fundamentally unfair proceedings, that the indictment would be dismissed or at a minimum not
sentence Mr. Rivemider or his co-defendants to draconian prison sentences, if sentenced to a
prison term at all. Once again, Mr. Rivemider was mistaken, just as he was mistaken in believing
the investments would pay. Mr. Rivemider began asking about filing numerous motions to both
dismiss the indictment as well as withdraw the plea, defense counsel just kept ordering more
doctor's appointments. The day after the plea, speaking by phone to Mr. Bergenn, going over the
numerous violations committed by SA West, Mr. Bergenn said, "that's just another day at the
office for these guys". Mr. Rivemider was detailing criminal acts, and he was told that is just
another day at the office for an FBI agent. Mr. Rivemider could not, and does not, accept that
crimes committed by an FBI agent to take away the Liberty of a United States Citizen, is
standard operating and acceptable procedure. They are, in fact, Due Process violations.
I began requesting infonnation to show the court what the prosecution did wrong, how they
violated Mr. Rivemider rights, I still have not received what I requested. The following
information from the attached e-mails demonstrate that Mr. Rivemider was actively attempting
to withdraw the plea but due to Mr. Bergenn's beliefthat Mr. Rivemider had brain damage, Mr.
Rivemider was basically ignored;
Exhibit 9, March 8, 2013, request for grand jury depositions, a request Mr. Rivemider had been
making since being arrested.
Exhibit 10, March 24, 2013, request to be permitted to file another complaint against Martin W.
Porter and Dane Brigadier who sold Mr. Rivemider on the $10 Million CD in September 2007,
where the money from the clients who lent money in September 2007 went.
Exhibit 11, May 18, 20l3, as stories continued to break about massive Government corruption,
including collection of phone records, now text messages, and all being handled by the FBI for
the NSA, based on Exhibit 12, and now Apple, Exhibit 13, turning over all the data of clients in
criminal investigations, Mr. Rivernider asked that my Apple Laptop and iPhone be returned to be
analyzed to see if that is how the prosecution was able to respond before we made arguments and
change exhibits that Mr. Rivernider pointed out in e-mailshelped the defense. This still has not
been done.
Exhibit 14, June 9, 2013, as more revelations came into the public domain, Mr. Rivernider
continued to ask defense counsel to take action.
Exhibit 15, June 22, 20 l3, as the 6th Circuit said, "The Government prosecutors are not
permitted to violate your due process and constitutional rights, PERIOD." in U.S. v. Tavera, as
the prosecution committed Brady violations, Mr. Rivernider again asked to do something about
the Due Process and Brady violations that are evident in this case.
Exhibit 16, August 8, 20l3, Mr. Rivernider asked to file a motion to dismiss
Exhibit 17, August 20, 2013, after watching an interview with the attorney who represented
Senator Ted Stevens, Mr. Rivernider wrote defense counsel and detailed the exact same playbook
employed against Senator Stevens was followed here. Mr. Rivernider even gave them a remedy
Mr. Bergenn claimed was not available to the court, citing Judge Arteton dismissing Rivas
because the prosecutor withheld evidence. As well as citing additional cases, and additional
misconduct by prosecutor's in the CT US Attorney's office.
Exhibit 18, August 22,2013, Mr. Rivernider wrote counsel saying, I NEED AN
INVESTIGATION, after reading the 514 page report order by the trial Judge in the Stevens case
which detailed numerous violations, and criminal acts, exactly the same acts Mr. Rivernider
found and disclosed to counsel for several years.
Exhibit 19, August 23,2013, I asked counsel to file a motion for the DOl to tum over any and all
evidence regarding the banks who I supposedly defrauded as the Attorney General said they
planned on bringing new cases against the banks, which they would have to have evidence to
show their culpability to do so. That evidence in the possession ofthe DOl is Brady material and
should have been turned over prior to trial.
Exhibit 20, September 6, 2013, subject line: "Same old request", referring to Mr. Rivernider
already numerous requests to file a motion to dismiss and a motion to withdraw the plea. Mr.
Rivernider wrote, "based on new information that came out just this week, in addition to old
information, I am AGAIN thinking I have to file a motion to withdraw the plea andfor a new
trial" in addition Mr. Rivernider said "if you can't do it and you feel you need to withdraw I
understand". Clearly, Mr. Rivernider wanted to file a motion to withdraw the plea and asked
counsel to withdraw if they could not, after detailing numerous reason, new and old, that
required withdraw of the plea.
Exhibit 21, September 10, 2013, Mr. Rivernider writes "As you are in the process of determining
whether or not you are going to file a motion to withdraw my plea, new trial, or dismissal, " and
again at the end of an extensive e-mail that points out ongoing criminal acts of the government,
Mr. Rivernider writes "So to recap, I would like something done to stop the ongoing crime
regarding the CVRA and I am sitting on pins and needles to learn about your decision whether
you are going to help or I am going to do it on my own, file a motion to withdraw the plea, new
trial, dismissal, honestly 1 know you are considering everything but what the fig (WTF) is taking
so long?"
Exhibit 22, October 8, 2013, Again asking to file a motion to withdraw the plea and to do it
before sentencing.
Immediately following the day and half hearings with all the doctor's discussing whether or not
Mr. Rivernider had this brain damage issue, Mr. Rivernider contacted the Judge's office and told
the the Judge's assistant that he needed to file a motion to withdraw his plea, in addition to
turning to Mr. Bergenn in court and telling him he needed to file the motion to withdraw his plea,
Mr. Bergenn said we would discuss it. Mr. Rivernider was told to contact the clerk who then told
him he needed to go through counsel who had been denying his requests to withdraw the plea for
months.
As Mr. Rivernider was clearly coerced and badgered into pleading guilty based on inaccurate
advise of counsel, immediately afterward began requesting counsel file motions to dismiss the
indictment as well as withdraw his plea, as Mr. Rivernider's appeal to have his plea withdrawn is
likely to be successful, this motion to stay must be granted.
Ineffective Assistance of Counsel
Mr. Rivernider will argue counsel was ineffective in his assistance in this case, as Mr. Rivernider
believe based on the facts the 2nd Circuit will remand for a new trial.
Mr. Rivernider will argue, in part, counsel was ineffective on several issues, to include:
1. Counsel failed to inform Mr. Rivernider that by pleading Mr. Rivernider gave up numerous
Constitutional Rights and that counsel would not work to insure his Constitutional Rights
were protected.
2. Counsel chose to use the brain damage issue at sentencing rather than as a trial issue without
consulting the defendant.
3. Counsel failed to file a pre-trial request for all the Grand Jury transcripts as Mr. Rivernider
had requested on multiple occasions, especially after receiving shortly before trial the Grand
Jury transcripts of the witnesses who were going to testifY. Mr. Rivernider After reviewing
the Grand Jury transcripts, detailed numerous false statements, outright lies, and false
inferences made to the Grand Jury that influences their decision to indict, mostly by the lead
investigator who continually offered inaccurate hearsay, a motion to dismiss should have
been filed. u.s. v. Ciambrone, 601 F2d 616, 623 (2nd Cir. 1979) The dismissal of an
indictment may result where facts can be presented to establish that the prosecutor has
actively misled a grand jury or engaged in fundamentally unfair tactics in his presentation,
knowingly used perjured testimony, made statements that were calculated to inflame the
passions of the grand jury against that target, failed to inform the grand jury of the existence
of substantial evidence negating guilt, or extensive improper use of hearsay testimony.
4. Mr. Bergenn announced at the beginning of trial he was not going to put a defense on. The
prosecution was going to have nearly 100 witnesses and take nearly 2 months and the
defense was not going to put a defense on as Mr. Bergenn believed it shifted the burden to the
defense.
5. At trial, counsel failed to object to the prosecutions witness Ms. Flores who claimed to be the
custodian of records for GMAC, which are kept in Pennsylvania, when Ms. Flores lives and
works from he house in California. Also, that Ms. Flores was an expert qualified to testify as
to what was material to lenders, when Ms. Flores was not qualified to do so based in her
position as well as her answers to questions. For example, Ms. Flores stated she was the
supervisor of several GMAC closing departments, yet, when asked about "mail away"
closings, a standard procedure in any closing department, Ms. Flores had no idea what
counsel was referring to. The words "mail away" were actually written on the internal
GMAC closing form that sat on the computer monitor in front of Ms. Flores for over an hour,
yet Ms. Flores was not aware that the closing package that she was testifying about, Carol
LaPorte, had been mailed to Mrs. LaPorte as a "mail away" in coordination with the closing
department she claimed she was the supervisor of. The prosecution argues they would be
prejudiced as Ms. Flores has moved on, certainly the prosecution can find someone who lives
less than 3,000 miles from the records to claim they are the custodian. The defendant does
understand that finding anyone other than Ms. Flores to claim they do not know what a "Mail
Away" closing is while under oath would be rather difficult.
6. Counsel failed to obtain Dan Fallow's phone records, or ask Mr. Fallow when he was on the
stand what phone he used that he claimed to be speaking to Mr. Rivernider on before sending
his loan to CAY and before purchasing the cheap, million dollar, Idaho property. As Mr.
Rivernider's phone records show no calls with Mr. Fallow until several weeks after the
purchase of the Idaho property and 2 months after loaning money to CAY, in fact 3 weeks
after receiving his first repayment of the loan.
7. Defense Counsel failed to object when the prosecution continually called the e-mail with the
subject line: "Recipe for NMB disaster" a disaster when the subject clearly says "RECIPE"
for something the defendant states in the e-mail he is not going to do, which effectively
would prevent a disaster.
8. Defense Counsel's opening argument was false and the defendant told counsel that it was
false. Mr. Rivemider had no intention of selling the properties in 2 years, did not need to
market to go up, it was never part ofthe plan, as Mr. Rivemider was expanding the cabin
rental business in TN, which required cabins and why Mr. Rivemider invested in land to
build additional cabins on, in November 2007, in hopes of having long term income to help
pay the NMB loans, in addition to the numerous other investments.
9. Counsel failed to interview key witnesses that would have impeached key prosecution
witnesses, Tosha Wade, namely to impeach Wade, Rolando Hemadez and Bonnie Adderly,
both who worked with Wade at the Sterling and would know that her story is untrue. To
impeach Robert Hall, Mike Vance who was originally a partner, with Mr. Rivemider, in
Mountain Charm Cabin Rentals. Counsel has the constitutional and professional obligation
to conduct an investigation into potential mitigating evidence. If counsel conducts an
inadequate investigation "that fact would have no effect on the deficient conduct prong of
Strickland because counsel had already demonstrated ineffectiveness by failing to thoroughly
investigate the existence of mitigating factors. " Summerlin v. Schriro, 427 F3d 623 (9th Cir.
2005)
10. Mr. Bergenn stated at sentencing he didn't know about the CVRA violations, Mr. Rivemider
detailed this violation many times. Defense counsel should have investigated to see if it
violated Mr. Rivemider due process rights. Defense counsel has the e-mail from SA Mason
with the details, exhibit 1 .. Bergenn asked Mike Chase during a meeting in Bergenn's
conference room the day after Mr. Rivemider called the Judge to withdraw his plea, in
December 2013, if they had the e-mail, which Mr. Rivernider e-mailed Mr. Bergenn long
before trial.
11. Counsel Failed to obtain and pursue a Bill of Particulars, U.S. v Davidoff, 845 F.2d 1151
(2nd cir 19988), (reversing conviction for failure to provide a bill of particulars) Shelley
Sadin, the defendants original attorney, filed a Motion for a Bill of Particulars, it came up at
one hearing, we never received a Bill of Particulars which would have allowed the defendant
to properly prepare for the allegations the prosecution was going to attempt to prove at trial.
12. Counsel failed to aggressively investigate whether or not the claims of the prosecution of
criminal wrongdoing by Mr. Rivernider was actually material. Both named victim lenders
Wells Fargo and SunTrust Mortgage, based on information in discovery, knew everything
about the transactions, and evidence shows they approved it, investigated, as well as argued
specifics misrepresentation were in fact not material. See Exhibit 23. SunTrust knew about
the marketing fee, Exhibit 44, R-032330, is a fax from Sevier Title to Wade at SunTrust
which details it, "3. Added the Consulting and Marketingfee as a sellers expense" and
includes a HUD. SunTrust argues that these are No Income Verification loans, making the
income not material. See Exhibit 45, R-032613, and Exhibit 46, R-032613. Gersten v.
Senkowski, 426 F.3d 588, 609-15 (2d Cir. 2005) (finding that attorney's failure to seek
medical expert consultation for the defense or to investigate critical government evidence
constituted ineffective assistance of counsel)
13. Counsel failed to object to Wells Fargo and SunTrust being victims due to failure to properly
investigate. Wells Fargo investigated the loans in August 2007 and knew everything Kemp
was doing and allowed her to continue, they then made a deal with the borrowers, see SA
West's e-mail to Schmeisser and Durham attached Exhibit 24, certainly due to their
culpability. Counsel never asked for or received the details of the deal, had counsel requested
or subpoenaed the information counsel then would have been able to determine if Wells
Fargo was a victim or a willing co-conspirator. Same with SunTrust as they stated in the
United Guarantee letters their position on income, it was not material, Exhibits 45 and 46.
14. Counsel failed to investigate or argue that the loss is incredibly overstated. In Mr.
Rivemider's Pro Se motion he details numerous overstatements with numerous clients, for
example Michael Mastoris' loss is calculated at over $440,000 yet based on trial transcripts
and detailed spreadsheet it appears Mr. Mastoris may have profited by several hundred
thousand dollars. The same with Maureen Walters and Donna Moore both show a loss, yet,
when you calculate what they received they both profited. The mortgage loss includes
properties that Mr. Rivemider had nothing to do with, and no knowledge of any
misrepresentation, knowledge of what the misrepresentation is on each individual loan, and
no evidence Mr. Rivemider was aware of whatever the misrepresentation was. Mr.
Rivemider will, on appeal, be asking the 2nd Circuit to, at a minimum, order that a new loss
hearing be held to determine the actual loss. When Mr. Rivemider plead guilty the
prosecution said they believe the loss to be between $7-20 Million. According to an e-mail
from SunTrust to SA West, who claimed he did not speak to the lenders, Donna Taylor lists a
loss far less, NO LOSS, Exhibit 43, in some cases that the prosecution claims were far
greater, causing the loss figure to expand to over $20 Million.
Actual Claim of Innocence
1) Mr. Rivernider categorically denies providing any false material misrepresentations to any
lender named in the indictment. The prosecution claims that Mr. Rivernider, or his co-
defendants, provided false information is false and they had the proof see it was false. The
prosecution claims Mr. Rivernider sent full files to Shellie Kemp of Wells Fargo, yet documents
provided to the prosecution from Shellie Kemp show the exact opposite, see attached e-mails
from Kemp sent to SA West:
Exhibit 25, October 13,2007, e-mail with attached DAS form that Mr. Rivernider sent Kemp for
McNeal, this e-mail was sent from Will Sawran, either Sawran completed the form or the
McNeal's did, Mr. Rivernider forwarded to Kemp what was sent to him, which appears to be
accurate information.
Exhibit 26, October 16, 2007, Mr. Rivernider again forwards an e-mail to Kemp from Will
Sawran that attached a DAS form from Dory Edwards, Kemp writes on the top "This is usually
the type of info I got" The information appears to be accurate.
Numerous other example's are in discovery, both completed DAS forms or e-mails simply stating
what the borrower was looking for and what we were told by Will Sawran, who repeated what he
was told by the borrower. The prosecution submitted to the court a DAS form for Alan Martin to
show the information was different than what the lender was told, the DAS form they submitted
was 2 years old, certainly things changed over 2 years, it was the mortgage professionals job to
gather whatever current information they needed, not ours, we were not the mortgage brokers.
The prosecution also claims the defendant had people buy multiple properties. See Exhibit 27, E-
mail from Kemp regarding Wells Fargo's guidelines on buying multiple properties, they allow 6
with Wells Fargo, unlimited with other lenders, 10 investments. The only pertinent 2nd home
guidelines are "borrower must quality for the property without using any rental income" "They
must intend to occupy for 2 weeks out of the year". She did not say they could not rent out the
property when the owner was not using it. The actual guidelines say "may not be subject to any
agreement restricting the borrower's occupancy", Exhibit 28, which it was not. As previously
cited this is still happening. Both Wells Fargo and SunTrust fund, what the prosecutors in CT,
call an illicit rental scheme. The lenders do not consider it illicit, possibly another reason why SA
West claimed he did not speak to them. It only become a crime with an overzealous prosecutor
looking for a crime.
2) The prosecution inadvertently also argues that Mr. Rivernider may in fact be innocent based
on their comments in "Government's response to defendant's Pro Se motion to dismiss, withdraw
guilty pleas, et aI, Section XI. ... Furthermore, multiple financial institutions were defrauded in
this scheme and therefore, even ifthe allegations are true with regard to Wells Fargo, the fraud
still stands on the other counts". Each mortgage transaction is unique, their was no "playbook".
The defendants continue to be left in the dark as to what the fraud was on each unique
transaction. The only other financial institution named involved in the "other counts" is SunTrust
Mortgage. The DO] recently settled a $1 Billion civil suit with SunTrust, for committing loan
origination fraud, specifically due to their "shortcut agency" mortgage program between 2006
and 2008, as detailed in a New York Times article dated April 13, 2013, by Gretchen Morgenson,
exhibit 41. The exact time period and the exact program SunTrust approved and funded in counts
10-13. Certainly the DO] has evidence that lead to the settlement with SunTrust that was not
turned over to the defense, violating Brady again. Based on Exhibit 23, 45 and 46, SunTrust does
not consider income on No Income loans to be material, SunTrust was well aware of the
marketing fee as the title company included it on the HUD's, see Exhibit 42, spreadsheet shows
12 HUD's that included the marketing fees, funded by SunTrust, with 3 different attorney owned
title companies, including Smoky Mountain Title owned by Shirley Hibbard's attorney Doug
Yates, 4 different realtors\developers, including Eden Crest owned by Dave Bryant, the list also
includes Jeanne LaPorte and Carol Laporte. Counts 11, 12, and 13 all listed the marketing fee,
count 10, the only other SunTrust count the seller was CAY therefor no marketing fee was paid.
As previously documented SunTrust, and Wells Fargo, continue to close new mortgages as 2nd
homes that are on Shirley Hibbard's rental program. As Mr. Rivernider is still not aware of what
exactly constituted the fraud on each loan that was material, it is impossible to overcome the
"defendants burden" to prove innocence as to materiality on each generality. During the court's
plea canvas the only question is as follows regarding the real estate part:
THE COURT: With regard to the real estate part of this, you acknowledge that the information
that was misrepresented to the lenders was in fact material?
THE DEFENDANT: I believe I'm sure it was material to their purchasing -- to their decision to
loan at the loan to values and the interest rates that they lent at.
This occurred after the defendant already broke down and lost it. Based on SunTrust's letter to
UG what the defendant was accused of was in fact not material. Nor was Mr. Rivernider even
aware of the misrepresentations until after receiving and reviewing discovery
3) Robert Rivernider did, in GOOD FAITH, exactly what the client expected he was going to do.
On each count listed on counts 2-8, the wiring which is supposedly related to a fraud was not
fraudulent, nor did the defendants believe they were. After each wire, and\or after each client
wired their LOAN, not investment, which had no conditions other than make the payments based
on the clients debt plan, Mr. Rivernider did make investments. The prosecution claimed the
clients were told the money was being invested in Foreign Exchange Programs, and indeed some
money was invested in Foreign Exchange Program, however, just because the prosecution picks
one thing that does not mean every person believed or was told the same thing. Nor does it mean
that is the only thing Mr. Rivernider did. The prosecution successfully developed a false premise,
selectively picked things to prove the false premise, and got defense counsel to buy into the false
premise. In fact, nearly every NMB client knew CAV also had an investment in a cabin rental
company in TN as they purchased a cabin, as Eric Reid testified, to support the company. Below
is a list of counts 2-8 and the investments made following:
Count 2, 11127/2006 Michael Mastoris
Investments made:
1) SW-030 152 11128/06 $305,452 for Real Estate Investment project, that returned over $1.2
Million, Exhibit 29
2) R-009394 11130106 $200,000 for InterGlobal Technologies, Exhibit 30
3) R-009394 11130106 $50,000 for Mountain Chann Cabin Rentals, Exhibit 30
4) SW-030137 12111106 $55,000 for Qnetiq, Inc., Exhibit 31
Count 3, 6/1107 Richard Brooks
1) SW-030519 6115/07 $12,000 for Mountain Chann Cabin Rentals, exhibit 32
2) R-009284 7110107 $1,000,000 to Blue Invest, Note: this also included Michael McNeal, Al
Vigil's and Dan Fallow's loans, Exhibit 33
Counts 4-8, all loans made in September 2007
1) R-009311 9118/07 $74,800 Deposit on land development in TN, Exhibit 34
2) SW-030449 9120107 $62,000 Qnetiq Asset Management, Exhibit 35
3) SW-030449 9/21107 and 9/24/07 $325,000 to Wallace & Wallace for lease of$10 Million CD,
to go into Foreign Exchange Trading program, Exhibit 35
4) SW-030426 $1,000,000 to China Infrastructure Capital Management, for Foreign Exchange
program, Exhibit 36
Clearly, Robert Rivernider did, in truth and in fact do what he really was expected to do. The
prosecution successfully got defense counsel to buy their false premise that the clients believed
they were going to get their repayments based on investments that were previously made, not
investments that were going to be made after lending their money. Which is absurd and if true
establishes that the client did not have any requirement for Mr. RIvernider as to what to do with
their lent money.
With all the investments clearly listed above on the defendants BOA bank statements,
government agents still claimed none of this happen. SA West testifying before the Grand Jury,
with Mr. Schmeisser's assistance had the following exchange, USAO-001688, Exhibit 37:
Q During the course of the investigation, a financial analyst with the FBI had occasion to
actually see where the monies -- were deposited and how the monies generally were spent at that
time, and is there any reference, or any reflection, that at these particular times this money was
going out to some overseas hedge fund or foreign currency exchange? A No.
And again on USAO-001609, exhibit 38;
A The only finds that were seen going out as any type of additional investments were much later
in 2007 and those funds were their money coming back.
Q Okay. But this after this program had been going onfor some time; is that fair to say?
A That is correct. And the funds I'm referring to were not profit returns, but money they had put
out, out of that account being returned
Once again SA West and AUSA Schmeisser, lied to the grand jury. SA West doing so while
giving false hearsay testimony. Could SA West and the FBI financial analyst miss all these
investments?
Exhibit 39 DEF 548 Is the $10 Million CD, page 3 shows a consulting agreement with Stephen
Carper who brokered this deal, The agreement is date September 10, 2007, exhibit 40, the very
day of the "recipe" e-mail.clearlyshowingtheprosecutionscasemadeattrial.waswrong.SA
West took the original documents from Mr. Rivemider house on 5-13-09.
Prosecutorial Misconduct
As previously cited their is an abundance of prosecutorial misconduct in this case. Many items
have already been listed in the defendants Pro Se motion, as well as in this motion. The
cumulative effect of errors that are harmless by themselves can be so prejudicial as to warrant a
new trial." United States v. Sypher, 684 F.3d 622,628 (6th Cir. 2012), cert. denied, 133 S. Ct.
1650 (2013). "In order to obtain a new trial based upon cumulative error, ... defendant[s] must
show that the combined effect of individually harmless errors was so prejudicial as to render
[their] trial fundamentally unfair." United States v. Trujillo, 376 F.3d 593, 614 (6th Cir. 2004).
See Walker v. Engle, 703 F.2d 959, 968 (6th Cir.) ("We need not determine whether each of the
alleged errors would, alone, require that we find a deprivation of due process. It is clear that the
cumulative effect of the conduct of the state was to arouse prejudice against the defendant to
such an extent that he was deniedfundamentalfairness. "), cert. denied, 464 u.s. 951 (1983); see
also Chambers v. Mississippi, 410 u.s. 284, 298 (1973) ("We need not decide, however, whether
this errvr alone would occasion reversal since [dejendanl's] claimed denial of due process rests
on the ultimate impact o.lthat error when viewed in conjunction ""ilh the trial coun 's rejil.wilo
permit him to ca!! other witnesses. "),
Conclusion
Mr. Rivernidcr pleads with this court to stay suurender so that Mr. Rivcrnidcr is not irreparably
ham1cd by not being able to assist counsel in preparing an effcetive appeal. Mr. Rivcl11idcr's
appeal to the 2nd Circuit to dismiss the indictment, withdraw his plea, and\or hearing regarding
loss has a excellent chance of succeeding. Mr. Rivernider is out on bond and has been for nearly
3 years without incident and in full compliance. As Mr. Rivernider is argning his Due Process
rights havc been violated taking away his Liberty would constitute a violation of Mr. Rivcrnider's
5th Amcndment Right that "No person shaff be held to ans,vel'.!()r a capital. or otherwise
it?!amo/ls crime, .... nor be deprived qllife, or properly, without due process r<llmv".
Pro Sc
Certificate of Service
I hereby certify that on January 21,2014 a copy ofthis motion was mailed to:
US Attorney's Office
Hartford Office
450 Main Street
Room 328
Hartford, CT 06103

i7'f. (',I' r )
'\ ) 1/( "7-' t\ " --=--'C
I c::::_;/t" " y '- "",," ""-,--'-"'"
Rlobert Rivemider, Se
Mason, B (LA) (Ie)
From:
Sent:
To:
Subject:
Mason, 8 (LA) (Ie)
29,2009 8:25AM
Gannon, Anne (USAeAe)
RE: US v David Praise
Thanks. I think Rivernider and Ponte will tu.rn9ut to be victims in our However, the
source of the funds they collected to invest with Praise et al. will likely be problematic
for them (e.g. they told their investors they were;investing in real estate and then sent the
money off for this stuff ... ). That being said,! don it wcmt them to hold up a
.10 theirC35eas a defense .wi,thout.,talking,to the AUSA/Agent. I believe their case 15 out. of

aTW, 2 years for Vurpillat isn't too bad. Thanks again for getting that done! I spent all
day on Monday trying to find a guy in Chula Vista that turned out to be in Vista. We
eventually arrested him and had a chat for 2 hours with him .. ,
Lemme know about the SEC coming out here when they get back with you.
Hope things are good. Craig
From: Gannon, Anne (USACAC) [Anne.Gannon@usdoj.gov)
Sent: Tuesday, July 28, 2009 7:04 PM
To: Mason, B (LA) (IC)
SUbject: RE: US v David Praise
Okay, makes sense. I will tell our v/w person to wait.
From: Mason, B (LA) (IC) (FBI)
Sent: Tuesday, July 28, 2009 7:00 PM
To: Gannon, Anne (USACAC)
Subject: Re: US v David Praise
r will give u a ring to discuss. "Victims" Ponte and Rivernider are targets of another fbi
investigation ...
From: Gannon, Anne (U5ACAC) <Anne.Gannon@usdoj.gov>
To: Mason, B (LA) (IC)
Sent: Tue Jul 28 20:36:05 2089
Subject: FW: US v David Praise
Do you know anything about this? Thanks.
Anne
From: Hanif, Georgia (U5ACAC)
Sent: Tuesday, July 28, 2e09 1:52 PM
To: Gannon, Anne (U5ACAC)
Subject: US v David Praise
Anne,
9
SEC-006843
Mason, B (LA) (IC)
From:
Sent:
To:
Cc:
Subject:
No problem on my end.
Mason, 8 (LA) (IC)
Monday, February 14, 2011 8;27 PM
West, Stephen M, Jr.
Gannon. Anne (USACAC)
RE: David Praise
Mr. Praise was already sentenced.
I'll CC the AUSA, Anne Gannon to see if she has any issues with it.
lemme know if you need anything else.
craig
From: West, Stephen M. Jr.
Sent: Monday, February 14, 2011 7:30 PM
To: Mason, B (LA) (Ie)
Subject: David Praise
Do you have any issues with the USAO in New Haven turning over copies of your affidavit,
complaint, and 302s of Praise and vic Scott H as part of the discovery process in our case
against Ponte and Rivernider who were part of the victim investment group? They're claiming
that the money lost to Praise was the caUse for their clients losing the money invested with
them.
let me know either way. Thanks.
Steve
, f' H I 1

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SW009794
Schmeisser. Christopher (USACT)
From:
Sent:
To:
Subject:
West. Stephen M. Jr. (FBI)
Friday, August 13, 2010 4:46 PM
Schmeisser, Christopher (USACT); Durham, John {USACT}.
FYI
Wells Fargo apparently settled the civil suit with the borrowers. It was noncash settlement. Wells Fargo released the
borrowers from the obligations.
USAO-002098
08/13/2009
On 08/12/2009, Alfred Vigil, born cn OS/27/1963, Social
Seeuri ty Account Ncrrber 2 ill J 2 I of 13360 lrJest "l2nd Circle,
Arvada, Colorado, telephone number (720) 989-...-, email address
vigi124@msn.com, was interviewed telephonically. After being
advised of the identity of the interviewing agent and the nature of
the interview, Vigil provided the following information:
.Rosemary Canales, who is 'ahTnvet.lgatO.rwitfi"We'i'ls Fargo
Bank, advised Vigil to contact the undersigned agent regarding
vigil's investment with Robert Ponte.
A friend of Vigil, Michael McNeal, invested some money in
a program called No More Bills (NMB) Robert Ponte after McNeal
learned of the program through some co-workers. McNeal then
introduced Vigil La PonLe and NMB by way of telephone and emails.
Ponte advised that there a minimum investment
threshold of $30,000. In return for the investment, Ponte promised
rronthly payments of approximately of the investment. Ponte
emailed Vigil a chart showing how many months it would take to
eliminate Vigil's debt based on the amount invested. Ponte also
provided an example of a promissory note .for the amount invested
with Ponte.
Vigil invested approximately $40,000 with a $4,000 to
55,000 fee with funds obtained throJgh a HSBC Beneficial loan and a
GMI\C home equity jine of credit. Sometime betvreen fVlay and August
of 2007, Vigil wired the funds from First Bank in Colorado to a
Bank 0:" America account for Cut Above Vent.ures. In return, Vigil
was promised monthly payments of about 53,700 for a little more
than two years. However, Vigil received only seven or eight
payments with the last payment received in March of 2008.
Also sometine het\>{een September and November of 2007,
Fonte approached about investing in some property. Ponte
asked about Vigil's credit and told Vigil that he could payoff his
debt sooner by investing in some condominiums. Ponte promised
$3,000 per month rental income from which Ponte would make the
lTortgage payments on behalf of Vigil and then use Vigil's remaining
portion to supplement the payments from Vigil's NMB program. After
08/1212009 Ne1\1 Haven, CT (t.elephonicall y)
329A-NH-46079-3C2 08/13/2009
SA Stephen M. West, Jr.
..I
LJSAO-000276

On 10/13/2010, Karen Lewis of United Guaranty, 230 N. Elm
Street, Greensboro, North Carolina 2'1401, te_ephone number (336)
333-0522, email addresstewiskl@ugcorp.com. was interviewed
telephonically. After being advised of the the
in;:ervie"Ting agent and the nature of the interview, Lewis provided
the following information:
In July 2007, United Guaranty issued an insurance policy
for Wells Fargo Bank for a mortgage it funded for Cynthia Ann
Simpkins for a property located at 2209 Legends Drive, Sevierville,
Tennessee 37876. The WeUs Fargo loan officer vlas Shellie Kemp
from the Wells Fargo office in Stuart, Florida. Approximately four
lfortgage payments ,,,ere made 00 the mortgage before it \V"eot int.o
default sometime ir: 2008. Wells Fargo submitted a claim against
the United Guaranty policy, bUL United Guaranty rescinded the claim
and returned the paid by Wells Farge after United Guaranty
investigators determined the loan to be fraudulent.
Lewis advised that the documents obtained by the
undersigned agent from Detective R. Erwin of the State of
Florida Department of Financial Services, Fraud Division, 3111 S.
Dixie Highway, Suite 310. West Palm Beach, florida 33405, telephone
number (561) 837-5668, represented all of United Guaranty's
documents regardins this matter.
10/13/2010 New Haven, CT ( telephonically)
329A-NH-46079-302 10113/2010
SA Stephen M. West. Jr.
USAO-000368
F"iVY Bob Rivernider :)l'f)k' .... ..... , . , .
Svu;v;t SunTrust claims to UGIHUD approvals with Marketing fee
L - , t ~ January 31,2013 at 11 :08 PM
Mike Chase "'c" .,J" \l;;()'!';" ,. ,',
James W. Bergenn :n"'(:ii'/'L':l0<.:;X' "". (X,in, Patricia Vargo , ... , . ,,..... :",.
Response to subpoena R-0300S1-S3, Unity Guaranty
R-030192-94 Fax shows HUD's approved on Morse TN property, SunTrust lender, Consulting and Marketing fee on HUD, fax is from
SunTrust's file
R031482-4 SunTrust approves Bell HUD, Consulting and Marketing fee on HUD, fax is from SunTrust's file
R-0323302 Sevier Title faxed Wade Nicks at Sun Trust and on the cover sheet writes "3. Added the Consulting and Marketing fees as a sellers
expense" Hud shows fee, clearly this was not hidden in any way from SunTrust and they did not say you can't do that. This is from Suntrust's
file,
R032749-50 and R-032814-S HUD inSunTrust's file shows marketing fee
R-032613 SunTrust appeals UG's denial of claim, SunTrust states Blanchard's income is stated and reasonable,
R-033170 and R-0333i 3-4 Winchester HUD approved with marketing tee, Suntrust makes some changes not the marketing fee
R033164 Winchester: SunTrust states in an appeal to UG to pay a claim that Winchester was approved under the no income verification loan
program,
R-033308 SunTrust faxed the final 1003's to the tille company to be signed
"Attorney Client Confidential Correspondence"
Bob
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. ' .r:'F IJTENNESSEE
,I' STATE BANK
! 17 '
MAIL TO:
p,o, Sox 1260
Pigeon FOllle, TN 37868
SHIP TO:
2210 Pat1<way
Pigeon Forge, TN 37863
I
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TO:
SPEClAL AGENT STEPHEN M WEST JR
]"EDERAL BUREAU OD INVESTIGATION
600 STATE STREBT
NEW HAVE, CT 06511
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20 2009, ',:
FGr-N}'t
R-01676

JUL-09-2009 16:49 SQ7 2035035135 P.04/08
AO 110 (Rei!. 12189) Subpoena 10 Testify Samra Grand Jury
SA Stephen West, FBI
N-08-1-67-1l Cc {
'mniteb 1JBistrict QCourt
DISTRICT OF __ _______ _
TO:
Tennessee State Bank
2210 Parkway
Pigeon Forge, TN 37868
(865) 429-7825
(865) 453-5516
SUBPOENA TO TESTIFY
. BEFORE GRAND JURy
SUBPOENA FOR:
o PERSON o DOCUMENTIS) OR OBJECTISl
YOU ARE HEREBY COMMANDED to appear and testify before the Gral')d Jury of the United states District
Court at the placo, date, and time specified below.
United States Courthouse
141 Church Street
New Haven, Connecticut
COURTROOM
,Room 133
DAlE AND llME
August 4, 2009,9:30 at?-.
YOU ARE ALSO COMMANDED to bring with you the following documeot{s) or object(s):-
SEE ATTACHMENT
o P/{tw:o soo addifionlfllnformation 011 mv9fS8
This subpoena shall remain in effect until you are leave 10 depart by the court or by an officer acting on
behalf of the cOurt.
ROBERTA D. TABORA
The;, Is ISSUed on application
Of the United States of America
6/30/09
Bnd PHONE NUMBER OF ASSISTANT u.s. AiT.ORNEY
JohnH. Durham, AUSA
157 Church Street, New Haven, CT 06510
(203)821-3700 CONTROL# \l(pl
R-016774
JUL-09-2009 16:49 SQ7
2035035136 P.B5/0S
To: Tennessee State BIUlk
2210 Parkway
ATTACBME?!I
Pigeon Forge. 1N 37868
(865) 7825
(865) 4535516
"," .
Provide any and all ac:oount holder information, credit history, accQunt statements, loan
doouments, certificate of deposits, teller report3, credit and debit memos, and wire transfer
records from 0110112007 to the present for all accounts associated to the following individual(s),
businesses, accounts:
Account(s):
Account Name:
Name$:
11S9667
Cut Above Ventures, S.A..
Robert Rivemider
Robert Ponte
Robt:rt Hall
NOTE; THE GRAND JURy REQUESTS THAT NO ENTRY BE MADE
SHOWING THAT TIl"E CREDiT FILE WAS ACCESSED.
In lien of your pmanal aeppraoee before the G!'I!!! Jw:y. subpoenaed matgria4
mal- be! provided before the Gl"IlJIId JOry date Meot Stephen M. West, Jr. (Jfthe
Federal Bpl'AAu. gflnvestiptlon, 600 Street, New lbyq.. cr 0.6511, telephob.e
Dtunbea- (103) $03:Sf2.4,
R-016825
The defendant ROBERT H. RIVERNIDER, JR. (hereinafter "RIVERNIDER")
and the Government stipulate to the following offense conduct that gives rise to the
defendant's agreement to plead guilty to Counts 1 and 9 of the Indictment:
RIVERNIDER did knowingly receive monies from "No More Bills" customers
into a bank account under his exclusive possession and control and agreed to repay those
investors at a rate of approximately 10% per month for several years.
RIVERNIDER did make the scheduled repayments in the agreed amounts. The
source of the funds used to repay the later investor/customers were funds received from
earlier investor customers.
RIVERNIDER failed to investigate what the lender investors were being told by
PONTE and others with regard to the source of the monthly payments. RIVERNIDER
had reason to believe that investor/customers were being told (and did believe) that their
monthly payments were being made from realized returns on already-active/paying
investments.
RIVERNIDER further knew that the example of monthly returns, not derived
from actively paying investments (and/or realized investment returns) were used to
encourage. and did enc.ourage, investor/customers to enter into real estate purchase
agreements on the belief (representation) thatRIVERNIDER and/or PONTE could. and
WOUld, be able to cover all attendant costs. RIVERNIDER, in fact, knew that
investment returns had not yet been realized and did not investigate what borrowers ,vere
told with respect to the source of funds for mortgage payments and or earnest money
payments.
From: Bob Rivernider [mailto:bobriver@me.com]
Sent: Sunday, February 24,2013 10:46 PM
To: Bergenn, James
Cc: Chase, Michael; Vargo, Patricia A
Subject: Re: Rivernider Stipulation
I CAN'T HARM MYSELF ANYMORE.
LOOKING FORWARD T05MORE WEEKS OF TRIAL PLUS DEFENSE CASE.
Attorney Client Confidential Correspondence
Bob Rivernider
bobriver@me.cOID
On Feb 24,2013, at 10:34 PM, "Bergenn, James" wrote:
please call me ih the morning. I do not want you to harm yourself. and this
to me is a pure reflection of all that you and i learned after your thorough
and honest testing.
you will be self destructive and ruin the only angle you have to save a LOT
of time.
From: Bob Rivernider
Sent: Sunday, February 24, 2013 10:28 PM
To: 8ergenn, James
Cc: Chase, f<licilael; Vargo, Patricia A
Subject: Re: Rivemider Stipulation
WAITING TIME DEAL 18 OFF
Attorney Client Confidential Correspondence
Bob R/vernider
bobriver@me.com
On Feb 24,2013. at 10:27 PM, "Bergenn, Ja.mes" <J.SeJ.germ@Q.Q.Q!:iwin . .GQID> wrote:
we are due at 8.
From: Bob Rivernider
Sent: Sunday, FebrualY 24/ 2013 10:25 PM
To: 3ergenn, James
Cc; Cl1ose, 1'1icl1ael; Vargo{ Patricia A
Subject: Re: Rivernider Stipulation
SEE YOU IN COURT A 9 AM I WILL TAKE THE LEAD IF NEED BE
Attorney Client Confidential Correspondence
Bob Rivernider
Bob Rivernlder> "/,/",., \'
c.dLjSCL Information request
March 8, 2013 at 8:49 PM
!,' James W Bergenn i" ". Mike Chase
c;;., Patricia Vargo ,y..c,,j" '.(:
I need the following:
1) All deposition from the grand jury in my case. particularly Robert Hall. Since the G removed him from the witness list I am sure they
learned he completely lied to the G and depending on when they learned he lied could very well be material. It also matters since he not only
kept all the rental income causing the loss on all the TN properties he also stole actual investments that CAV paid caSh for. Also, if the G
learned about my investment in MCCR's, which IS why Reid said at trial he purchased the cabin "to help the company", then G had
exculpatory evidence that they may have withheld. Also, West testified that at one point Seneca had a Mortgage brokers license, I would like
to know how that turned into her being a trained mortgage broker.
2} The subpeona and the records from Sykes & Wynn on Eric Reid's loan. The G paralegal said she got them 2. days after Reid testified,
what they didn't think about asking Sykes & Wynn tor 3 years and suddenly thought about asking Sykes & Wynn if they had any documents
after Reid testified? Also, ask for the mortgage documents from WellS Fargo, how could it be that they did not get the docs from Wells Fargo, if
they don't get them, Reid is stili making the payments this should not have any loss.
3) Dan FalloW'S phone records. I am sure the G subpoenaed Fallow's records to show all the called between us that Fallow testified to and
we should be able to see ali this calls, but if the Riverguy told the truth their were no phone calls of the G knew this then they knOWingly
allowed their witness to He on the stand. If they did not subpoena the records we should and let the judge know this victim lied on the stand
and his loss and victim status should not be counted against me.
4) Request from the G the BOA records that the BOA custodian told us existed and according to the subpoena, which ordered ALL
records, we did not get ALL records. It the G did get the records, we have a problem as they withheld exculpatory evidence and when
Durham jumped out of his seat when Walters was on the stand and said out loud, "she didn't get $450,000" in his huff and puff way, he should
have know he was lying and allowed the witness to lie on the stand. If they did not get them we need them to determine how much money
everyone received to determine the loss, if any. for each client and we need to be able to show all the mortgage payments that were paid to
each lender so the judge can see that payments were in fact being made until the Praise theft and the other investments we will show that fell
apart at the same time.
5) Eric Reid's bank statement for the $40,000 to see if he sent the money directly to Martin W. Porter, As far as I am concerned this
rnakes him an un-indicted co-conspirator as he was part of one of the investments and sent the money directiy to Porter, yes he didn't tell that
story, but he did say he purchased the cabin to help tile company and if we also show that he was involved in the investments we could make
a case he was more involved than he claimed to be. which could substantially reduce the loss amount.
6) Deposition on everyone who testified at trial, espeCially everyone who testified after I plead. If they testified falsely as we know Wade did
we should at the very least point it out, if she perjured herself we need to inform the court, and if the G should the 8mail that she said she
would be paying S50-70K more than the market we need to send the judge the spreadsheet with ali the sales at the Sterling showing they all
sold for the same amount Wade was talking about her employee discount that Trutrnann offered her, not my marketing fee.
I am sure you are working on some or all of this, it you have some of this already let me know.
If we are going to negotiate with the G we need something to negotiate with, if they plan on suggesting that j do any more time that the 37
months DaVid Praise got for knowingly intentionally stealing S14. 7 Million which he truiy enriched himself with as opposed to me who he stole
the money from who did not enrich Illmself who thought he was actually investing money overseas with a real legitimate trader.
Attorney Client Confidential Correspondence"
Bob
!"rom: Bob Rivernider DuNi"'",1 .,'"''
Re: Porter\Brigadier\POF CD
March 24, 2(}13 at 4:00 PM
To: 8ergenn! James V_ti'
C<: Chase, Michael uCi:;JS"';'9'JOi.ic;l' Vargo, Patricia A !>v" \(H''.". /.1'0')0",
5 year statute of limitations, I got a letter March 2008 on how to take down the CD.
I think you are 100% wrong which I think is based on your 20,000 foot view.
Martin W Porter and Dane Brigadier defrauded me and many other people. This is not scapegoating this is about reporting a scam mer who is
defrauding people. Why the hell Would you want him to continue to be able to do this?
If I have to serve 10 more years but I can save people from losing their life savings to this fraudster it is worth it.
I told the judge I sent the money to the attorney in TN, I am sure we will give him the evidence of that so why shouldn't I turn it in and show the
good Bob who helped the G get the real fraudster5 like I did with David Praise? Because if that is not part of the story we will be completely
lying to the judge and I will not be part of it. If your strategy is for me to say I knowingly intentional stole people's money to enrich myself and
had no plan to pay it back exactly as I said I would do and believed I would do, guess what you can do with that strategy?
I waited all this time because Sadin told me I can't make any affirmative statements before trial, well trial is over,
Bob
Please wait on this.
There's no prejudice to your doing this later, but you rightly identify risks to separating yourself longer
from your kids doing so now. The short term (1 day) satisfaction doesn't outweigh the risk of adding
months or years to your time. The spread in risk of time to serve, between a focused & contrite Bob
and an angry "skapegoating" Bob is certainly many years.
from: Bob Rivernider . ..,.,;,.,,,,: .., .. ,._:," .. -"""'t',,",,,: ..':',.,.".J
Sent: Sunday, March 24, 2013 10:24 MfJ
To: Chase, i'1ichael; Bergenn, James
Cc: Vargo, Patricia A
Subject: Porter\Brigadier\POF CD
is tilera any reason Why I can not take aU thecontracts\phony CD's\Euroclear screen 5110tS etc tti0t I receivea from Mar1lfi Porter and Dane
Brigacll0( along with all my e-m..3lis 81Kj Skype rnessages. to ttk FBI in Miami wherB Porter was iiving al1(j I delivered the contract directly te
I" October 2()O!')
I fJ8.Ve all U)8 Info to tile SEC W!ien they were mvestlgatln9 PrHlse but U"ley dld nothinQ. Since 8.S v<:.)u know. Porter .and Briga(Jier contuiued
to sen lhese phony instruments and misrepresnt wtlat tlley were. lI,e FBI not only sl10uid be made aware of It as tMy cerlamly iTlall I1ave
otne! complaints, and if possible proseoute lhHPI for thf: S32[),OOO ,:)rigjnally and then tne ndOiUQnal $75,000 tor Donna Moore [.ll'l(l
Eric Reid. ail ot which wil! ile included In my calculations and restiiu\!on amollnts.
Ii you believe (I!at by (!olng ti1is wiil calise me to nol gel the 2 points tOI acceptance o( resIJonslt;liity because instead of accepting tl1a.! I
slole the 5400.000 I am blaming Ul.e people wi10 actually got the mopey by misrepresenting w!lat trley were 5eill119 me, I would rather not
get ttlr::! 2 POIPtS. but c6rtarnly my attorney's can argue tilat I am accepiing my SOCial responsibility t)y reporilnq ACTIjALscamlTiers wt)Q
really are steaiHlg people's money knowing they are misrepresenting what they are seiling.
Let me knQw your thOtigilt on tI11S: If you hayS! none I win file a complaint and inclucJe aU tile documents.
UAttorney Client Confidential Correspondence*'
Bob
FJOP; Bob Rivernjder (CI:'[1',/':', J' ,,,", i,e'''\; '\"
URGENT: Action requested
t:)c)t(;; May 18, 2013 at 11 :16 AM
T(.), Mike Chase mcl;;,iS,;,.i'\jYi];'f'!' .' "", James W, Bergenn ,,',;;' '::""ii: " ;,iu.; "h'? '-';
Mike,
Due to the disclosures of massive government corruption this week in the IRS and the DOJ, I fear waiting much longer to demand the
prosecution turn over several items as massive shredding may be going on throughout the government right now.
As you know I have requested many limes all the grand jury transcripts and minutes, since the prosecution has refused to turn them over, I
believe we must request the Judge order them to do so, Waiting for me to ask the judge during my allocution of after in a motion may be to late
assuming it is not already. It you need cause just read the transcripts we did get, their is misleading false information throughout that deceived
the grand jury as well as massive violations of DOJ policy by the AUSA. by withholding exculpatory evidence and actually telling the grand jury
things they knew to be false.
Also, the laptop computers and iPhone the FBI took from my house which had my e-mail accounts on them, I may now know why they took
the silver laptop that they copied the hard drive when they were at my house, it contained my e-mail account which ailows them to read this e-
maill am writing, as I write it. (Hi Steve), This also needs to be ordered from the ju(?lge, if they wiped or lost the hard drive, well we know why,
assuming they will turn it over, If they don't it will become part of my motion to dismiss the indictment due to flagrant willful bad failh on behalf
of the AUSA and the FBI. {'!-low many timeg it need to be gaid? The job of progecutom jg to obtain jugtice} not
merely to Qecure convictionQ." Editorial, Miami !-lerald, page 14th, April 3. 2009 (addregging the cage 8gaingt
former Alagka .genator Ted .9teven) ,
This is just a start, tor me anyway, but evidence that MUST now be preserved, Sorry but I can not just roll over and let these low level
employees commit crimes against me and my kids and get away with it, while putting my kids in danger.
I will understand if you can not do this as you once said it is not "your charge".
Please just leI me know if that is the case so I can proceed with what I need to do.
Attorney Client Confidential Correspondence
Bob Rivernider
Meet the Sp.es Doltlg the NSA's Dirty Work - By Shane Harris I Foreign Policy 11/25/13. 10:07 PM
HOME DIRECTORY CHANNELS BlOGS LATEST ARTICLES POSTS ABOUT FP GROUP MAGAZINE ARCHIVE SEARCH Search FP
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INSIDE DIRECTORY BEST DEfENSE KILlER APPS SITUATION REPORT
Meet the Spies Doing the NSA's Dirty Work
This obscure FBi uni! does the domestic surveillance that no other intelligence agency can touch,
BY SHANE HARRIS ! NOVEMBER 21,2013
NEWSLETTER SIGNUP
VVith evc,y fresh leak, the world learns mure about the U,S, National Seeurity Agency's massive and controversial surveillance appan.tlls, Lost in the
commotion has been the story of the NSA's indispensable partner in its global spying operations: an obscure, clandestint' ullit of til(, Fecleraillureall of
Investigation that, even tiw a surveillance agency, keeps a low protile,
LOGIN
When the media and memh.ers uf Congress say the NSA spies on Americans, what they really mean is/hat the FBI helps the NSA do it, providing a
and legal infrastructure that permits the NSA, which by law collects foreign intelligence, to ()perate,on U.s. soil. It's the FBI. a domestic U,S, Jaw C.ol\lI:ccment
agency, that collects digital information from at least nine American technology companies as part of the NSA's Prism system, It was the FBI that petitioned
the Foreign Intelligence Surveillance Court to mder Verizon Business Network Services, one of the United States' biggest telecol1l carriers 1('lr corporations, to
hand over the call records of millions of its customers to the NSA,
Bllt the FBI is no mere errand boy for the United States' biggest intelligence agenc)" It (lut its own signals intelligence operations and is trying to
.;()lIect huge amounts of elllail and Internet data from U.S, cOlllpanies- an operation that the NSA once conducted, wus repoimnnded fnr, and says it
abandoned,
The heart of the Fill's signals intelligence an obscure, organization l'lllled the Data Intercept Technolo!\.y Unit, or [JJTU (prmwuIIced DEEtoo), 'I'lle
hnndlill of new" "rtieles that mentioned it prior to revelations ofNSA surveillance this summer did so mostly in passing, It bas bardy been discussed in
Page 1 of 10
Meet the Spies Doing the NSA's Dirty Work - By Shane Harris / Foreign Policy 11/25113, 10;07 PM
congressional testimony . .'\.11 NSAPowerPoinl presentation given to journalists by former NSA contractor Edw,rrd Snowden hints a.l DJ'lTl's pivotal role in
the NSA's Prism system -- it appears as a nondescript box on a flowchart showing how the NSA "taskfs]" information to be collected, which is then gathered
and ddive\'cd by the DJTU.
Bnt inlel'viewH with curron! and f()rmer law enforct'm<mt officials, as well as tedll1nlob')' industry representatives, reveal that the unit is the FBI's eqllivalerlt of
the National Security AgenL'Y and the primary liaison behVc'en the spy agency and manyot America's most important techno\o!,,}'compunies, including Googlc,
FacebooK, YouTube, llnd Apple.
1\101'e fP Cmx.'tage
THE NSA LEAKS
I;:xclusive: Inside
America's Plan to Kill
Online Privacy Rights
Everywhere
Spy Copters, Lasers, and
Break-In Teams
The FBI is Helping the
NSA Spy, but Senators
Don't Want to Know
Aboutlt
The DlTU is /0"'1 ted in a sprawling compound at ;l;Iarine Corps Basp. Quantico. in Virginia, hOI11(' ofth" FBI's tmining
academy and the bureau's Operational Technology Division, which runs all the FBI's technical intelligence collection,
processing, and re]lorting. Its motto: "Vigilance Through Teciln<llogy." The DlTe is responsible for intercepting
ealh; and emails of terrorists and foreign intelligence targets inside the Vnited Stales. According to a ,t'niol'
,Justice Dt'[lllrtrnent oflieial. the NSA could myt do its job "ithou\ the DITU's belp. The unit works closely with the "big
three" U.S. telecommunications companies -- AT&T, V('rizon. and Sprint .- to ensure its ability to intercept the telt'pl10111'
and Internet communications of its domestic target;;, aswt'll as the NSA's ability to intercept electronic eommunicatiof1!;
tJ'illlsiting through the United States. on fiber-optic cables.
For Prism, tlw DITe maintains the surveillance equipment that captures what the NSA wants from U.S. LPchnology
companie:;, including arc.hived emails, chat-room ses;;ions, socialll1edia posts, and Internet phone calls. The unit then
transmits lha! information to the NSA where it's routed into olherparts of the agency for analysis undllsed in reports.
After Prism was disdosed in the IVoshil1!}t,,1l Post and the Guardia1l, some technology company executives cluimed they knew nothing ahout u collection
program run by Ill!? NSA. And that may have been tl1ll'. The companies wOllld likely have interacted only with oflkials from the DlTU and olllt'rs ill tlw FBI
,lilt! the .Justi",' Depaltment, saiel sources who hav!> worked "ith the unit to implement slIrveillance orders.
"111<.'. nITU is the main inkriace \\ith provider> on the. nat'innal security side," ;;aid a technology industry representative whf) has wol'!,ed with the nnil on many
occasions, It ensures that phone a., well as fnterne! service and email providers are complying with surveillance law and delivering the information
that the government has ilemand(X] and in the format that it wunts. And if companies aren't complying or are technical diffkulties. they can
a visit fwm the D1TU's technical experts to address the problem.
Rea'nlly, the DITU has hdpf'd COll5tl'llei data-tiltering software that the FBI wants leit'com carriers and Internet Sf>.fviee providers to install olliheir Jlt'lworKs
so that the government call1'ollect large volulllC's or data about email, and Internet tl'affic.
The software, knO\m as 111101'l reader, makes copi"s of em ails as t.hey !low through" network. TI",n. in practiCally all instant, the port reader them,
rCll]f>ving only tIl<> mt'ladata that has heel) approved by a court.
The FIll h,,, huilt metatiatu eolJco<'tillu In the Inti' 1.9905. it d"ployed the Carnivore sy,;h'm. which the J)TTU helped manage, to pulilwader
information nut of ('mails. But the FBI loda)' is after mllch more than just traditional metadata - w1)(. a message and who received it, The FIll want> as
many as I:{ individual fields of information. according to the industry representative. The data include the route a message took Dver a network, Internet
proto<,ol and port Dnmbers, which are llsed to handle tliffcrent kinds of inmming and outgoing mmmunication5. Those last two pieces or
.1nli1J'matioll can reveal where it computer is physically -- p?rhaps along with user -- as well us what types of appliclItioJls and operating system
funning. That information conld be useful for government hackers who want to install spyw"re ou a suspect's computer .- a secret task that the DlTU also
helps carry out.
'i.nTl people' like this Be the fir'S\ of irienas
Sh,me Herds is OJ senior writer lor Foreign Policy and author alTne Watchers: The Rise of America's
Smveitlance State. Follow 111m on Twitter: @ShaneWHarris.
Save big when YOll subscribe to FP
Page 2 of 10
Apple releases information on data requests from NSA. olher agencies - 11171.14.5:53 PM
latimes.com/business/moneylla-fHn-apple-nsa-data-request-surveillance-20 130617 ,0,7979116.story
latimes.com
Apple releases information on data requests from NSA, other
agencies
By Jim Puzzanghera
6:30 AM PDT, June 17,2013
WASHINGTON -- Apple inc., said it received 4,000 to 5,000 requests for customer data from U.S. officials
during the six months ending in May, as it became the latest high-tech company to provide some details on its
involvement in the National Security Agency's Internet surveillance program.
The requests involved 9,000 to 10,000 customer accounts or devices, the company said in a statement on its
website. Not all the requests involved the NSA's controversial Prism program, which the company said it did
not know about until revelations in the news media on June 6.
The data requests came from federal, state and local authorities and involved national security matters and
criminal investigations. Apple said.
"The most common form of request comes from police investigating robberies and other crimes, searching
for missing children, trying to locate a patient with Alzheimer's disease, or hoping to prevent a suicide," the
statement said.
Apple said some types of data are never provided, including FaceTime conversations and requests made
through its Sid voice assistant.
On Friday, Facebook said it received 9,000 to J 0,000 government data requests in the second half of 2012,
involving 18,000 to 19,000 accounts. The company said it complied with 79% of the requests.
Apple did not provide a compliance percentage.
Apple said its legal team evaluates each request and "from time to time when we see inconsistencies or
inaccuracies in a request, we will refuse to fulfill it."
When a request for data is fulfilled, Apple said, the company retrieves and delivers "the narrowest possible
set of information" in order to protect the privacy of its customers.
"We will continue to work hard to strike the right balance between fulfilling our legal responsibilities and
protecting our customers' privacy as they expect and deserve," Apple said.
Apple doesn't provide some types of information either because the company doesn't retain it or because it is
encrypted, the company said.
http:/ ;'NWW .latimes.rorll / businessj money /Ia- fi -tn-appJe- nsa -data-req uest -su rveiliance ..20 130617,0,4244678, pfinl.story Page 1 of 2
Apple releases information on data requests from NSA. other agencies- latimes.com 1/17/14.5:53 PM
Customer video calls on FaceTime or text exch.mges using iMessage have "end-to-end encryption" and
Apple cannot decrypt the data, the company said. Also, Apple said it did not store identifiable data on
customer location, map searches or Siri queries;
Apple said in April that it records and stores Siri queries for up to two years. At the time, Apple said it kept
for six months Siri data that was associated with specific customers. The data were kept for up to 18 months
after that, but identifiable information was removed, it said.
AlSO:
Quiksilver is riding a wave of red ink
F-22 program produces few planes, soaring costs
Web services speed ahead with ways to bolster customer security
CopyJight 20J4, Los Angeles Times
http://www.latimes.com/business!moneyflaft-tn-apple-nsa-data-fequest-surveiliance-20130617.0.4244678.prinl. story Page 2 of 2
h G'n Bob Rivernider ;) __ 'L"\',,,,; .', ", '. '",' \"
Su;:;j;oCl Time to go on offensive
\),,1'3 June 9,2013 at 8:39 PM
'1';;: Mike Chase fei!.>;>'"
CG Patricia Vargo
Hello TEAM,
,', ""'n,, James W, Bergenn
WOW what week, I am sure you guys are going nuts with all the new revelations from whistleblowers this week,
I hope it is not to late but if we can get into court before anyone else, I would like to be the one to open the can of worms about the
Government having all our Attorney\Client confidential information and e-mails, it could mean all of publicity for you guys. I seen
anyone else make this case yet, so we can still be the first
Since we now know about Prism and the fact, no longer fiction, the the Government has the ability and has actively been obtaining everyone's
e-mails and phone records, the CRAZY BOB theory is no longer a theory and something we MUST inquire into.
We may have a unique case based on all the info we have been collecting, but I can't imagine every Defense Attorney turning into an Offense
Attorney as early as Monday morning and filing a motion demanding the government disclose all privileged information they have on all their
cHents, as we need to do immediately, requiring the Government to turn over all data they have and have collected on me, including all the
attorney client confidential correspondence that they have been reading, They now need to be put in the sarne position we have been in,
prove a negative, prove they have not been reading privileged e-maits and listening ip on our conversations,
If they can not prove it, then we must demand the entire case be dropped, We absolutely can not take their word as they have dernonstrated
they will break any law (CVRA) (18 USC 1018) (etc) violate any DOJ rule to secure a conviction.
FYI, 1 think now we know what Schmeiuer meant when he said, after the Bryant DepoSition. we will be prepaid next time. He wasn't going to
allow the truth to come out "next time" like what happened in the Bryant depo as we clearly showed I did not inflate values of properties. This
explains why Schrneizzer cut off Jim we he started 10 telilhe Judge during trial about the Recipe e-mail the day after I sent the bullet points e-
mail that clearly showed the whOle story they toid the jury was a complete fraud. Schmeizzer was prepared for Jim to bring it up and shut him
down before Jim can expose the fraud as he must have read my e-mail, as he is probably doing right now, before you guys even get it.
This also may explain why the took Robert Hall ott the witness list because they read my emails which they eaSily verified what I was saying
was true and everything Hall told them was completely false. What I still want to know is when they learned it If they knew Hall was lying
before they searched my house then they clearly got a Rosen Warrant' to search my house which would violate Brady. If they learned Hall
was a complete fralJd when he testified before the grand jury or after they had a duty to inform the grand jury. well did they? We need to know,
It is possible that John Durham obtained a warrant to read rny e-maiisfromtheFISAcourt.this is THE JOHN DURHAM after aiL He is well
aware of how he can easily get a warrant frorn the ftJpbe( stamp FISA court, did he? We should know about that shouldn't we?
As you know, I was an investigator lor the State of Florida, I took an oath to defend and protect the Constitution of the United States agamst all
enemies foreign and DOMESTIC, which includes Governrnent agents who willfully Violate the U.S. Constituboh making them an enemy. The
prosectors having access to priviteged correspondence violated my rights under the Constitution to a fair trial, among many other violations I
documented in the past
So is the TEAM together and on the same page? As tile tirneliness of the revelations of this week are, I believe we should get on top of this,
not just for me but for every American Citizen who is facing a clearly tyrannical government who has lost its way.
By the tirne you read this the Government has already read it, so be ready for their offensive move, Also, since the Government is reading
your e-mail, if you can't go on the offensive I will understand, Please understand I MUST, not just because it is me that tile Government
prosecutors violated my Rights but because the Government prosectors violated everyone's rights and I have to do what I can expose it, if I
don't who will? If no one does take a stand, we are finished, the experiment called America is over.
Who is standing with me? Maybe we can have an emergency hearing this week if I am still coming to CT?
PS if you were on a desert island and rnissed the news this week just take a look al the front page of the drudgereport,corn fOr detailed news
stories,
'Rosen Warrant: Named atter James Rosen FoxNews reporter who the Government obtained a warrant to get hiS and h.is parents phone
records by lying 10 a Federal Judge saying that James Rosen was a flight risk and said he committed crimes when they knew what they were
saying was false, blatant fraud
Attorney Client Confidential Correspondence
r1 .... J.,.. n: . . .......
F/tun: Bob Rivernlder (,nU1l\'', .>n' ",.",', ,i.
New trial in East TN????? another overturned conviction
June 22.2013 a110:12 AM
7el" James W Bergenn JGOtJ(;(;;;)::r.<Ji1v,)n <om
Ce' .Mike Chase Patricia Vargo OG(,,'h.\<-i., G()YI
Hey this is where the properties are located and now with this 6th Circuit slap down of what I am told is a day at the
office, maybe in East TN someone can get a fair trial.
How is it that I am told It doesn't work this way? Then another appeals court ruling, not in the 9th this time, comes out
which shows, umm it does work this way. THE GOVERNMENT PROSECTORS ARE NOT PERMITIED TO VIOLATE
YOUR DUE PROCESS AND CONSTITUTIONAL RIGHTS TO GET A CONVICTION, PERIOD. THAT YOU 6TH
CIRCUIT.
Here is 1 Due Process violation, I have a ton of them. Are you afraid the Judge doesn't have the balls to slap down
Durham and West for all the Due Process violations? What his he going to think when he hears about them for the first
time from me?
Do you think Durham will read this ruling to the Judge when I post it on my website after I show the judge all the
documents that detail the Due Process violations? Can't wait to see that.
Some simple questions:
When did the G learn Robert Hall completely lied to them, was it before they filed the Rosen Warrant to raid my house,
before or during the Grand Jury proceedihg when they would have been required to tell the Grand Jury that Hall lied,
before trial, obviously, when they had exculpatory eVidence that they are required to turn over to the defense?
Why have we still not gotten my computers and iPhone back? Surely they had time to wipe them or are they still using
them to read my attorney client privileged e-mails?
Why didn't the G turn over Dan Fallow's phone records? FYI, if you want to know if Schmeisser knows that the witness
is lying, look at what questions he asked. he always asks a question that covers up what he know is false. Example:
he asked Fallow if I had multiple phones because he knew we had my cell phone records which show I did not talk to
Fallow until after he bought that property so Schmeisser cover the lie he set up by asking that question. several other
times he used this same technique. PROBLEM WITH THIS TECHNIQUE IS IT SHOWS HE KNEW THE WITNESS
WAS LYING AND HE PUT HIM ON THE STAND TO DO JUST THAT.
Where are the rest of the BOA records?
Why didn't the G turn over any Eric Reid mortgage docs before trial knowing that Reid was going to testify? PSSSS
because Connie Welch did the mortgage and Loretta sent here exactly what Reid filled out on his DAS Form. just as
she and I did with everyone, and Welch e-mailed us saying only criteria with Wells fargo about 2nd homes is whether
or not Reid had another property in the area all of this blows the G scheme to convict so they withheld the exculpatory
evidence. didn't think they could do that, boy was I naIve.
I have som many more it literally will take to the end of John Durham's career to respond, at least that is my plan.
June 21,2013
OOJ Continues To Violate Brady Rule
Despite all the promises and policy iterations we continue to see blatant DOJ Brady violations These are violations
that first year criminal procedure stUdents would know not to commit. The latest to come to light is from the Eastern
District of Tennessee.
Yesterday. the U.S. Court of Appeals for the Sixth Circuit reversed Abel Tavera's conviction for conspiracy to
distribute meth and possession with intent to distribute meth. Tavera was the passenger in a truck involved in an
undercover drug deal. He plausibly claimed no knowledge of the drug transaction, testifying that he thought he was
heading to a roofing job. Some of the physical evidence tended to corroborate Tavera's story. The evidence against
,avera was almost ennrelY oouomea on me testimony OT co-oefenaant \.::lranaoo. l'lon-resmYlng co-aerenoant lVIenaoza
debriefed. He first told the government that Tavera had no knowledge of the drug transaction. Later the same day
told the government that Tavera only gained knowledge of the drug transaction upon entering the truck on
the day of the transaction. Mendoza also denied that Tavera came along to count money and provide security, and
consistently stated that one of the purposes of the truck ride was to work on a roofing job. All of this was contradictory
to Granado's ultimate testimony. Mendoza later pled guilty. Mendoza's written plea agreement stated: "Tavera knew
that they were transporting methamphetamine from North Carolina to be delivered to another person in Tennessee and
agreed to accompany [Mendoza]. Since they were transporting methamphetamine, Tavera told [Mendoza) that they
needed to be carefuL" The prosecutor, AUSA Donald Taylor, failed to disclose Mendoza's earlier debriefing
statements to the defense.
Judge Merritt, speaking for the majority, decided to send a message:
"This particular case is not close. Prosecutor Taylor's failure to disclose Mendoza's statements resulted in a
due process violation. We therefore vacate Tavera's conviction and remand for a new trial. In addition, we
recommend that the u.s. Attorney's office for the Eastern District of Tennessee conduct an investigation of
why the prosecutorial error occurred and make sure that such Bradyviolations do not continue."
Tavera's attorney never tried to inteNiew Mendoza. The government argued that no Brady violation occurred, under
Sixth Circuit precedent. because Mendoza was equally available to both sides. The majority disagreed with this
contention,and further found it foreclosed by the U.S. Supreme Court's ruling in Banks v. Dretke, 540 U.S. 668 (2004).
Judge Clay accepted the government's position regarding Sixth Circuit precedent and dissented.
The statements were plainly material and exculpatory. So the question remains, why is such conduct continuing to
occur and what is the DOJ doing about it when it comes to light? Here, what one branch of the DOJ did was to argue
that Brady wasn't violated.
These constitutional Violations directly affect the fairness of federal criminal trials. They will never stop,
absent legislation with teeth and/or a federal criminal defense bar willing to be fanatical in its intolerance of
Brady violations.
Here is the decision in United States v. Tavera.
(wisenberg)
June 21. 2013 in Judicial Opinions. Obstruction, Prosecutions, Prosecutors I Permalink I Comments (0) I TrackBack (0)
I.U' }.. ;..'

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TXTa0167p-06.tx!.pdf
Attorney Client Confidential Correspondence
Bob Rivernider
FU;!n. Bob Rivernider !j..;:n;,, .::,..,e, c'n: \ ~
S,010C(: Faoro recording and Broader Sifting of Data Abroad Is Seen by N.SA - NYTimes.com
1):'\\<" August 8.2013 at 8:18 AM
(L James W. Bergenn 53"!,,!t;I""" .,(,Y1',," C"', Mike Chase eyrC::;;;;,,, ;<)i.-un",,
C",:, Patricia Varoo cr.:,,,;:,':" ,',,'(/1'.," ,.'f,::
You know it just hit me, What tipped off the G about the Claudio Faoro call? Is thaI recording on my computer? I couldn't find it
Did the NSA give it to them, and if so. what else did they give them? Is this an example ot parallel construction? We can argue it to the Judge,
no matter what Uley say they shouldn't have any credibility left over.
BTW, more Drip, Drip, Drip in the NY Times today, tront page of the Drudgereport as well.
~ ~
.):\.;",., ..
. , .AIl>I>P
WebPage.pdf
Motion
I am again thinking that the time might be perfect to file a motion to dismiss and put the entire prosecutorial misconduct on the investigator,
West. and write the motion as though he withheld the eXCUlpatory evidence from the prosecutors, get them on our side, against West How
else could Durham have said Jim was lying in front of the Jury if the info in discovery was given to him, he couldn't, which means West didn't
show it to him. How can they leave out in the PSR the S40K Tropical Shores wired to Methwold when they have the wire info m discovery, the
account pnntout, and the Tropical Shores account showing the wire, West withheld it. Etc, etc, etc,
With all the news reports point to them and say, "Your honor, Mr. Rivernider has been sending us these details since day one, we assumed we
would get betore trial get the exculpatory evidence that he has been pointing out was not included in discovery, it wasn't until the news stories
that a light bulb went Mlhat we realized how much exculpatory evidence was withheld, how parallel construction was at work here, everything
down to planting none working portable phones on Mr Rivernider's desk and telling the jury they are cell phones, so your honor this has
nothing to do with Mr, Rivernide(s accepting responsibility. it is a much bigger issue we are presenting to the court, did Mr. Rivernider have the
opportunity granted to him by the founders of this country, a right that dates back to the Magna Carta, the nght to a fair trifl.I"
Attorney Client Confidential Correspondence
96006-004
from.' Bob Rivernlder ()(t:r[v,,(" 'f"'."" \'
Sd)jicct Stevens, Rivas, Williams, Rivernider. Ponte, Seneca growing list hopefully of cases dismissed
DiH"', August 20, 2013 at 11:13 AM
re: Mike Chase iW:::i,<">:,,i.,Igccdwi<; r;(;:;;, ,lames W, Bergenn 'J>c.<b,:,' ... '"
Disclaimer:
You are the only attorney's I have, so I can only send this to you guys. I am not trying to be annoying bUt I can't stop researching.
I just watched an interview with Senator Ted Stevens attorney after the 500 page report came out detailing the massive amount of
prosecutorial misconduct and it all sounded so familiar, sort of like they fOllowed the same playbook in the Stevens persecution as they did in
mine.
Check it out it is good, very educational as well. I learned a lot, yes I know that makes me more dangerous, I sure wish I can get a full
investigation Into all the prosecutorial misconduct in this case, having the AG order the case closed sure would be better than spending life in
prison, if only I was a Senator. According to Stevens attorney in the video they used the same playbook, right down to the mocking part during
trial, as we were regularly mocked for not knowing how far Moore's show was from Broadway to being stared down about ttle 252 months.
They also created a false story and made that the whole centerpiece of the trial. just like they did with us and the Recipe\Oisaster e-mail.
Exact same playbook, hopefully it will result in the exact same outcome, well Ok if their was still equal justice under the law, Ok never mind.
According to Stevens attorney in the video FBI guidelines require a 302 in every time they interview someone, now he also says that the
prosecutor determines what is material or not. and he talks about a law professor who studies prosecutorial misconduct, thousands or cases,
and he says that to get the discovery you must make specifiC consistent molions, not generic. I will send a separate e-mail with some specific
things that go to sentencing and loss that I think we must ask for specifically; I understand the standing order, bul I am not naiVe enough to
believe that prosecutors who violated multiple laws, DOJ policies, and most likely the standing orders of this court, are going to automatically
follow the standing order ofthe court.
Back when we were having the diScussion about motion to dismiss you mentioned that the court has no remedy, well the 2nd Circuil in Rivas
and even Judge Janet Arterlon found a remedy when prosecutor working with John Durham and Kit Schmeisser were caught withholding
evidence in Washington. just like John Durham and Kit Schmeisser did in Rivernider-Ponte-Seneca.
You, like I, would assume that this "win at any cost" prosecutorialmisconduct would have ended when the AG stopped the Stevens case, but
no, as we clearly saw the exact same thing happened in our case. which they haven'! yet been caught, but in 2011 after Slevens they were
caught in Aguilar. below.
Edgar Rivas: 377 F.3d 195 (2nd eiL 2(04).
Originally sentenced in 2003 to. over ten years in prison, Edgar Rivas only regained his freedom after the 2nd Circuit
Court of Appeals ruled that prosecutors violated his constitutional rights when they intentionally withheld a statement
made by their main witness that actually supported Rivas' version of events. A sailor on a fhreign freighter, Rivas was
charged and ultimately convicted of smuggling cocaine from Venezuela to New York despite his asseltion that the drugs
belonged to his shipmate. Prior to trial. the government's main 'witness, a fellow shipmate, admitted that he was the one
who brought the dmgs onto the ship, but the government hid that admission and it only came to light aftcr the jury IOLind
Rivas guilty. The 2nd Circuit threw out Rivas' conviction, stating thatthe government's behavior was ''totally
unacceptable." Ultimately, the prosecutors declined to retry Rivas. But if the shipmate's admission had remained
undisclosed, he would have spent over ten years in prison,
Anthony Washington: 263 F.Supp.2d 413 (D.Conn. 2003),
Charged and cOllvicted of unlawful possession of a gun. it took Anthony Washington nearly two years to clear his name
atter the govemment to disclose that the 9 J I caller, upon whom the government ba<;ed its entire case, had been
previously convicted of making a false report. In this case, the only question for the jury was whether Washington
possessed a gun. 1t was not until the tirst day of trial, however. that prosecutors revealed that the now-deceased 911
caller--who provided the only real evidence in this case-had been criminally convicted for lying. As U.S. District
Court Judge Janet Bond Arterton explained. this "impeachment evidence was critical in this context" because the
defense could have fully explored the caJler's character and discredited the 911 tape had this infonnation been disclosed
as required. Atier nearly two years of waiting, Washington finaJly got the closure he deserved when Judge Arterton
threw out his unconstitutionally-obtained conviction.
Exhibit 17
Lindsey US Agllilar. el al., Case No. CR-IO-IOJ I (i\)-AHM. (CD.CaL 2011)
Companies facing criminal charges rarely go to trial, but Lindsey Manufacturing President and CEO Keith Linds.tV and Vice-President and (TO K.
LXC: lOVI\.WC lila! aBU IIlUUlIlCU UII VB Ot;Hau m elllU LIlJ.:JI I,.:UlIIl-'dU,Y. UIUlltlll'::U tilt; \'\::-11 U1I VlUH1tIUII!)lH UIt:;11
constitutional rights. The Lindsey defendants were charged and ultimately convicted of multiple violations of the foreign bribery statute (FCPA).ln a lengthy
pnst-trial order, however. U.S. District Court Judge Howard Matz described this case as an "unusual and extreme picture of a prosecution gone awry. ,. threw
out allll1e convictions. and banned the government from retrying the cast:. Occurring over a three year period, the misconduct included the intentional
withhOlding of several grand jury transcripts evidencing the serious !laws in the investigation and substantially undercutting the government's casco Judge
Matz characterized these transcripts as the "most complete and compelling evidence that the Government investigation had been tainted" and explained that
without the transcripts. the defense was severely hamstringcd. Despite all this. the Lindsey delendants were able to fight for their innocence and protect their
rights. But the successful defense of these individuals and their company crune at great cost.
Attorney Client Confidential Correspondence
96006-004
Fn.H1L Bob Alvernider ccl.;";,,',:;:",,,
sd)iect Stevens Report review part 1
QUi\) August 22.2013 at 11 :20 PM
To,: Mike Chase Mein:>,,)':'''''';;)''.'/' ',';-,J, James W '3ergenn ,jh,'qsr" :':'Y):j:i-,..;(, > ~ n :
SO I was reading the Stevens Report tonight, only got to page 20 of 514. You could insert Rivemider in as the prosecutors followed the exact
same playbook. So I decided to take these violations and put in from memory the similar violations in the Rivernider case. Even without a full
investigation with this report I know I have enough to show prosecutorial misconduct, but then I always did know that.
FBI reviews Brady material on their own without supervision from prosecutors. Prosecutors not do a review for Brady material.
This is consistent with Schmeisser telling Judge Margolis I had my passport when West took it over a year earlier, West not giving Schmeisser
the Gruhwall 302 so Schemeisser told Margolis $90-1 OOK was unaccounted lor, and Durham not knowing WalWs received $450K in
repayments nor did he know the Methwold money was frozen causing him to mislead the court. And all the exculpatory evidence I have been
writing about, it all makes sense now. and this is just page 3.
Page 4 Handwritten notes, as I have asked about numerous times and I have never seen 1, contained significant exculpatory evidence not
contained in 302'5 and never disclosed, hey can I get the handWritten notes now?
Page 7 based on internal e-mail the FBI falsified a key witness 302 by not including exculpatory statements and onlyinclucting substance
beneficial to the prosecution. How many times have I reported that 302's cOhtained false information, I think on every 302 I have detailed false
information. N9 we don't have the e-mails that document the saine Ihing but the pattern, the playbook, is pretty clear.
Page 8-9 refers 10 a Brady letter that talks about "potential impeachment information" regarding the witness' did we get stuff like that I never
saw it. Is this required? Is the G supposed to tell us if someone is an alcoholic?
The attorneys filed a motion to dismiss the indictment because of 1 false statement, how many did I find? Had we properly questioned witness'
how many would we have found? HUNDREDS
Page 9 exculpatory evidence was not turned over to the defense because a prosecutor never considered whether Brady required its
disclosure, is that why we never got all the damn records I have been asking about someone just never cOnsidered the BOA records were
Brady? All makes sense now, I NEED AN INVESTIGATION.
Page 11 Agents intentionally lied in an affidavit for a search warrant, in my case they included possible known false statements from Robert
I-Iail to get the search warrant for my house.
Page 15 the G writes a Brady disclosure letter that is a complete material LIE. How many of them did we get?
on 9-9-09 the attorneys filed a motion for copies of all exculpatory grand jury testimony, 302's, witness interview memoranda, and all notes of
witness interviews, etc, I have asked that we file similar motions almost exact in some cases, did we, maybe by asking for exculpatory grand
jury testimony we could have gotten Hall's, it is now material to sentencing, can we ask now if we did not. I want the Judge's denial in writing
as I know I screwed up by not pushing the Bil! of Particulars hard enough back at the beginning, my bad, my kids are paying the price.
Page 17 you would think you are listening to John Durham talk about the "recipe for disaster" email, they used the exact same playbook,
distort they meaning and content of an e-mail.this was like WOw.
Page 181955 302's and at trial the witness comes up with a new story, just like Wade added Seneca to the meeting with Trutman when stle
had not said that in the 302's. OMG. these guys all went to the same scam prosecutor classes. But they missed the Supreme Court case In
Napue that requires them to correct false testimony. Durham missed that case as welL Boy am I learning a lot. Now I have to go back in my
memory and think about Napue violations.
Of course I will continue my review of this report. lease, preserve this info so i can have future acCElSS to it.
Attorney Client Confidential Correspondence
96006-004
'.---
::z t- P 1111 \
FrqnT' Bob Rivernider \)3:,'",,,,, ,:,: i'"C, t:'Y. \C
Subj8Gt' Same old request
[)1\lS; September 6, 2013 at 2:58 PM
TQ; Mike Chase ,v1C'i1;,,;'c;,':";Y"Y'C'f;:) c,)n, , James W, Berqenn ,jf,;"iCi"'n," '\lin'TV ",',Ai
But with new details.
Legal team,
Based on new in/ormation that came out just this week, in addition to old intormation, I am again thinking I have to file a motion to withdraw the
plea and for a new trial.
Based on the following:
1) G admitting the Praise 15-1 deal that I believed it, or whatever it is that they now admit and failed to inform the Grand Jury about in violation
of DOJ policy. We didn't nail him down at the hearing 10 accepting this but did they in wriiing?
2) West admitting that he knew the flyer with the deal was posted in the office and the brokers were at the office
3) West admitting that he did not ask the viotim lenders if the fact that the payments were going to be made from the CAY account was
material, 8TW they accepted the payments from the CAV account for nearly a year in some cases without question, they also accepted a
large amounfin March 2008 from CAY direotly
4) West admitting he did not look into Kemp's suspension, I actually dont believe him but thai is what he said, please beta copy of that
transcript from 9-4.
5) the 7th Circuit appeals court ruling sent yesterday where they state" that the bank didn't gi ve a fig about the couple's
ability to repay the loan. It planned to sell the loan" aswcllasmanyotherpear\s()fwisdomlikeholVlhcydcluilwhythcir
W'l, minimal risk based nn how they chnpped up the mortgages and spr<:ad olltthe risk. In fact the bank dkln't give" fig about anything because of ncarly 0
risk.
6) pre"iously sent liS v. Carpenter, Judge O'Toole said you can't be held resronsible fur what others said if you did not know what they said.
7) Massiv!; tines the victilll\cnders paid because of the massiv<, fraud they knowingly committed,
R) Shirley Hibbard (I]lpears to have taken down her 2 year mortgage payment program. did West discover it and ask her to') This is ti side issue but itshouh.l
he added to the sentencing memo I!llll the G dream willless offered the same program I supposedly hid fmm the lenders, she also slill sells cabins as 2nd
h,)mes and then rellls them OUI, which is illegal I am told,
'l) Alllhc Tosha Wade lies and and additions to her teslimony at Irial which she did not previously r,'memher in her multiple jU2',. I haHn't reviewed it yet
but I am already aware of some from the G vcnion. It is nil BS, which is abo lin acronym. and the G knew it all BS.
10) Denial of the BOP, I don't care and it is not true, that Judge's always deny this. Failure to approve the BOP allowed the G to change the
crime while in trial causing us to plead to crimes not presented to the grand jury
11) G admitting now that the marketing fee was not illegal even after indicting us because of it.
That is just a start off the top of my head. Then look at the materiality issue and what the 7th Circuit wrote in their ruling for a new trial, You had
to know it was material did words written on the 1003 have the common everyday meaning, they say no they did not. They also say submitting
a loan that you know has false information is not illegal. From my reading of this opinion, you had to know the information was on the
application, you had to know it was in fact false and that the lender would rely on that information to make the loan, when we all happened to
know the lender DID NOT GIVE A FIG. The G will not put the victim lender on the stand to say they gave a fig, way to much risk especially for
Wells Fargo as they would have to disclose the Kemp investigation and all those people would have to then get on the stand in the defense
case.
Based on the Judge's reaction, as I read ii, at the hearing, the $24+ Million loss that is uncontested, I am slire you also believe that the Judge
has to sentence me to a large number of years, I fail to see how I can not file a motion based on the above which does not go to my not
accepting responsibility, or blaming anyone else, for the most part it is just new information that shows no material knowingly false information
If the G wants to not have this argument and long delay that can drop the mortgage loss and settle for the $2M loss on counts 1-8 only which
would put things inline with the 24-30 months you said you may be requesting. Get them on the same page and I will go away quietly. 26 years
and they will have to respond to motions for 26 years,
'If you can't please understand that from my standpoint I have to do what is best for
my kids and me going to prison for 10-20 years now is just not best for them.
Attorney Client Confidential Correspondence
96006-004
\',um' Bob Rlvernlder >,)1',,,,,;", )c
Subi<:";\' CVRA and motion WTF?
Dilb September 10, 2013 at 10:24 AM
Mike Chase 1')1(>:""""1' ",('oeU," ''\;tn, James W, Berqenn '!';,o)!j'.""""';()"(h',n ',),',
Legal team,
AJ; you (ife intt}S,prQG6SS of determining whether or not you are going to file a'rnotionlo Withdr<!wmY"R!eil. new trial, or dismissal. I WGuld'also
like to know if you can file a motion to order whomever is stilt violating the Crime Victims Rights Act to cease and desist immediately so I can
be. as I should be, notified thaI David Praise is on the move. He is currently in York PA, I assume that is a stop over to wherever he is going to
be deported from. As I am sure you know the CVRA requires the victims to be informed of every phase of the defendants case, a crime
punishable of up to 2 years in prison, and since we were never notified once this crime should stop now.
Since the G admitted the Praise stuff, admitting that their case was BS, an acronym for Barbra Streisand. I would like the ban on informing me
and Ponte, 2 named victims according to SA Craig Mason, be lifted and afforded the protection prOVided by the United States Congress and
the President of the United States of America by Signing this CVRA into law.
We only became criminals because they violated this law and DOJ rules by not informing the Grand Jury about what Praise plead guilty to on
October 4th, 2010, one month before the Grand Jury indicted us. They committed the crime in July 2009, and it is ongoing today. You know I
am going to tell the Judge at some point about this.
I am fully aware that the crime they committed is directly from the text of the law and our crime, as I understand it today, is an assumption
made by SA Wesl who didn't bother to verily it. I am sure he probably attended a lender sponsored, food, drinks, 5 star resort, seminar that the
lender instructed the DOJ on what they wanted them to do to prosecute brokers, borrowers and people who referred clients to their loan
officers. so he didn'l really need to verify anything with the lender on these loans he had his marching orders and his promotions and raises,
paid for by civil shack downs of the lenders, so they did not have to go to prison, paid for.
Plus West and Schmeisser was able, after the indictment, to find someone whose e-mails I did not read, who wrote and e-mail that was in a
string of e-mails where she told her buyer, when she mistakenly allowed herself to get off script when testifying and told the truth that Ann
Selby came in to the Sterling looking to buy 2 condos even before knowing about the Rivernider, and of courSe Seneca(1 am sure she was
instructed to say Seneca alter saying my name every time), deal, not to tell the lender ihe deal, making it appear that I told her to say that
because I cuss so much and have such a potty mouth that alter countless hours of a 15 year experienced FBI agent, untold taxpayer dollars,
to prove that I have a potty mouth the full force and resources of trained agents who claim to represent the United States of America could
only find an acronym WTF alter searching thousands of e-mail including those blind copied as noi to have a paper trail because we know I
limit my e-mails and what I say to make sure their is no paper trail, LOt.
SA West was able to come up with What the Fig. I know that is so bad Durham could not even repeat it in court, and if he tried he may have
and accidentally said what the frig. Which would have upset the Judge. luckily for all of us he stopped himself so What the frack did not get
said in open court. Maybe WTF means something different in your country, but clearly I don't understand the laws there nor do I know the
proper acronyms.
Since the G allowed others to commit crimes I am sure them violating the CVRA is nothing but I would like a motion asking the Judge to teli
them to stop it and lift whatever ban so me and Ponte can finally get notified about something.
,Just because they let Tosha Wade lie to the court by saying she was a licensed Real Estate agent when she started working for Noah
Breakstone in 2006 selling $2-$10 Million properties before going to the Sterling, when in fact she lost her Real Estate license in 2003 and did
not get it back until June 2007 after leaving the Sterling, doesn't mean that they can continue to break laws.
BTW, can you send me whatever they sent 10 the court informing the court, as they are required to do, that their witness lied to the court? I
may need to use it, along with the G knowledge of it, in a latter motion, along with the ton of other lies she lold. I am particularly disturbed that
she said in open court that I told her to tell Britton to bring a paystub to closing on what she said was a no doc loan. I have a reputation in the
mortgage industry, crap like that can ruin a persons reputation as it clearly makes them appear to be an ignoramus. Only a moron would tell
someone to bring paystub, real or fake doesn't matter. to a clOsing that would have never happened as the underwriter would sign off on the
closing package without a paystub, if it were required, which on a no doc loan would not be required. To have something like that said in open
court is far worse that being called a foul mouthed lier loan promoter, the entire industry is filled with foul mouthed lier loan promoters, but you
are ruined in you tell someone to bring a paystub to a closing on a no doc loan. Schmeisser may have been right when he said we plead guilty
because Wade was about to testify, alter putting lier alter iier on the stand and having read her 302, knowing that she made a deal and had to
lie to save her ass I may have lost it In court with some of this provably false crap. You might want to tell Schuckster that he should have her
lie about her credentials which are public records as someone might just read what she said and he cold have a Stevens type investigation to
deal with someday, as I will ask the judge to order.
So to recap, I would like something done to stop the ongoing crime regarding the eVRA and J am Sitting on pins and needles to learn about
your decision whether you aregoiog to help .. or l,arn90inglo do.it,on my own, fill'! a motion to withdraw the plea, new lrial, dismiSSal. honestly
f know you are considering everything but what the fig (WTF). :) is taking so long?
Asia. based on Wade lYing about her credentials, and so much else, couldn't we tile a motion demanding that the G remove all references to
Wade from the PSR?
Attorney Client Confidential Correspondenc!')
96006-004
Footi" Bob Alvernider
Stmic,cL Withdraw plea
Qt,!" October 8, 2013 at6:17 PM
T) James W. Bergenn i, i' ,;':,r.:, Mike Chase iy'(;!",,<c,;,,'.:' ,J')()!i\'!,,,, '.'.i'
t;.' Patricia Vargo 'n,
Legal team.
After researching the standards to withdraw a guilty plea before and after sentencing. it appears that withdrawing before sentencing has a
greater likelihood of success due to fewer requirements.
Based on this I will file a motion to withdraw the guilty plea prior to sentencing.
As I am aware of your position I am sure this is not something you will take part in so if you need to withdraw as counsel I certainly understand
and support your decision.
Please inform the court that I will be filing a motion to withdraw, If I need to do so let me know.
Thank you for all you have done.
Attorney Client Confidential Correspondence
Robert Rivernider
hv: McNeal. Michael & Debra i DAR Questiounairc Yahoo! Mad Page I of 1
Fw: McNeal, Michael & Debra J OAS Questionnaire
frolll: I'bobriver@jono,comi! <QObriver@)uno.com>
To: kClnpmortgaoe@yahoo,rom
1 File (271I(B)
DAS .. DeD ...
Do you want to try to run this NOO 90% LTV
Saturday, October 13,20075:18 PM
Rental income $6500 per month with rental ag'reement from Mountain Charm Cabin Rentals if needed,
He has a lot of assets.
Property is in Gatlinburg about 4 doors away from Lisa Gold has pool in it. brand new just completed,
Bob
Bob,
Attached is a DAS questionnaire for Michael and Debra McNeaL
Will
hI &fid=bob&JilterBy=&,rand= .. , 8f2 \/2010
KEMP-00051 I
DEBT ACCELLEMTION SERVICE, LLC/CFIC
Dnle: I 414/2007
==1
==J
T!>iltelifii-i;:Iii;-::: 44
@I: . i 480218 .....
Michael R Me Nenl

7348 E COUllt '; I - ... '-:,-----------1

,S.lt" State Zlp: .... ____ .li'ksa, ,\7. 8.207 (mail Address: i mdmcncalr/,lcOx.licl
! ... home was purchased? HQw you pay? .-' _.12265,000
Ulollle I'nllle now? ...... how much 1!!i: .. ___ ""-= ____ --1
! How long have vou lived Ilddress? Lot/acrenge size of tbis property'!.. 1/3 acre ...
j fs th .... any work in progress currently being done on your house? 0 t?J No .[.I.f. yeS.'llleasc dtscribe the work below and lhe
L. __ ._ _"' ___ . . ....... dale of cont lelioll.
L ......... _ _ __ _ _. : _.. w ___ _. ___________ ____ _
a/ pre.WII (iddrt!ssfor hm' ilum /lVo was ),oIlI'1!.r'"'io1l.'; address? __ '.,-__:__,--,,----
Add ... ss: ......... 1.-.----.. _.. . ..... _-'. ___ ... _._. ____ .. ! How long did yOU live .1 this address?
_______ .. _ , '. ' Did olle) I 0 Rent 0 Own
OTllER REAL ESTATE OWNED:
0 "'-i:'::;:;-:-X:::::C=-:::-:---.- -----------'-1
I Rcsidcnci . ... O ... 1I... $e---------1
I ApprOXimate Value: I $ Amonn/orMort a .: i S
I Rental Income per Unit: S is---'''-''-''
I
----r---+-,-,..-......,--
flome I -- TaX;;;' {month ')r I Interest

Ins. {monlh I yearly! $ Rare
___ u_r year" _ .. ____ '-__ -' ______________ -1
J:... _ -... " '.,,, ... __ 0 0 Other. pic"," 'pcci r,,: ,-. _. __ _
..m:Addr<ss: _ ... ___ .... _ ... ___ .. __ _1_ ... ___ .
r .... 0 Sillel" Duplex or 0 Townhouse ...... ___ . __ .
i Apprl)ximatc Market V"luc: $ i Amounl of ,''''ortgl!fl_: ___ -----------------1
:-'Rentallncome fler Unit: - $ I PrinCiple & Interest r $
__ , ___ -,-______ .. M__ !l1ymcnt: '----r.
i IlollIe owners! Taxes (month or Interest i
IllS. (month; S yearly) S Rate .
c .._ ....... !'n:eaT'y) .l .._ ...____ -'-__

-1,-a-irJ-?-- ---jf-:,
C
C",.-:,hC";'[8J,..7,:-,
o Par: Ca.,h

","'ary or Hourly
o Salno)'!Hilurly &.
rc(ch'c . .!.,:..,:..?__ -;...,.,-__
!Jow do YI>U gel paid'.'
.Ycarlv iuc-onle:
! Is in('(ttnc ... ?
c,isl;:D 0 No
..._ 0 Port ..C"' .. a""s""h____ _
$
o Iluurl:;
o SalarylHourly &. Commission
....... .. ____ --' __ _ ...... ____ ..... (::: .. __
! .. _I If'lycs", then I?ctow.
I end aflile year, \v::?tfiow.J:1 NciiT;;;;:-......... ....

Arc YOllr nnd homeowner's insurance included with: the mortgage paymenf'! IZl D No
h there a shl)rtnge in your escrow account? D 0 No
If yes. cnter 'mollnt of shortage: $
Credilllr 1 Type
'I Principle I Insufance Morl/(age Int. Prepayment -lAdjlislnblt
& Interest I {lIIollfliM (1IIOIIfili") lnsu",nc. Rate Penalty
I'ayment I
i (-')U:I1"\\'dC. i --+; . ___ --+.----1-7
5u
C-v,,-- 1:
Balance
,
: '.Vell, h._reo ,1 2"" Mongagc i,,'$! 5.000 $100 li$ $ 8% 0 Yes IZl No IZl Yes
... ... Ann DNo!
...................... -'inh .-. -j .. _-... __ ....
1 Vehlck -1 $
1 __ --- _' S S -. __ _
f
f -i------,+_ .... -... f . ::---
--_. __
. -1 . $ $
1--' i--- ; s- -$------.-----1
...... ---t--. t --- - --.- ---.-.. --. ---
tA---:::Ji=- 11- --:-'i
Comments:
Rllte Lease Paid by
DYes D No g ClicHE'
D Oth<r
D YGS D No 'TOCiTcni
fm_. i I _
KEMP-000514
h ... : Edwards, Dory I DAS Questionnaire - Yahoo! Mail
Fw: Edwards, Dory I DAS Questionnaire
from: nbobriver@Juno,com
lf
<bobnver:Qljuno.com:>
To"; kempmortgaqe@vahoo,com
1 File (2fl9KB)
Here is another to keep you busy
Looks like we will be at most $450,000 PP on this one.
Bob
Please nate: forwarded message attached
Bob,
Page 1 of J
Tuesday, October 16,200710:22 rr.\
Attached is a DAS questionnaire for Dory Edwards. She is interested in the condos.
Will
l... 8/21/2010
KEMP-0004R1
I
i9
trf
,.
DEBT IlCCELLEMTION SERVICE, LLCJCnC
____ ....-i
Logol N.;';-;;-T15orv K. Ed\\ards ... ____ .... __ ....... _ ..__ ._ mack ... . ...
.. SS'i, 5' P \ Date of Birtb: 36 ....
. Phone: __ .... ___ . 6O;!319,1714 623.:582-----
Home ,\ddress: 4515 W. Behrend Dr. Maricopa - ....----,
.City. -- i E,!,ail Address; ... .._____
i Oatt home was purchased? 1107105 How mucbdicl \,OU pa,,? . ! $154.900 J
pt;,tnc vnlu:.now? .... ! S245.0ll0 !IDA Dues? Ifs(), how much per -":1
t,1I()w you li".d address? IT, i Lot/acreago size property? "I Approx,J.ncrc i
i h there any wild, in progreSS currently being done on your house'! 0 Yes IS;] No Iryes, please describe the work below And the!
l __ . ______ . _____ ......_ .... ___ _._,... __
[If than )l'eVIIIUS IIcltire.I.,? __ ._- ---=-_
! Address: St. lit-. __ . !low Ion did ou live al tbis ..... ,,_
Zip_ __ ,v. SSOI n___ Did you? (Pleilse clJeck ollej
KEMP-O()04R4
I ,....... I I .-
-=r----I --
EMI'LOYM ENT INFORMATION (2 yenr bistorv needed):
CO-APPLICANT --j
__ -----lSelf.enlDlovcd =1 .......
Yes 0 NlI Art you self-employed? fl Y,'s 0 ____ ._
; Empluyer 4515 W. Behrend Dr. Employer AddrC'<"
, !If,dkll1plnyed, horn..: (If:;clf-clllployed, enter home
: add res.' ()[ olliec address,) ___ -+-:a:::d:::.d:.:rc"=,,sJ'I. Nlk" aJdres$,) ------J
/\Z 85308 City, Stnlt ZiP-i
, BUSiness Phone b02-787,=:::1"'=''''-______ -I_B=u'''si'''n:::es::.:s'''P''''''bo::.":::e::..._______ _ __ .-1
owncrl.:-P.;,r''''.s:::iJ::.:c=::l\:::l-:::_____ ________ .._----f-,--- '
: Dates Employed Fro;;:-4/04 roo Present Dates Employed: ......___ ........ ___ !.o: j
'V(;;rS';;i!csentiob 3,:\ VI'S _0"<5 II' present job I
I Years in_ Ihis prQfessio.n.,.... ],;5 yrs Yenrs in this profi,c"'Iion ..----
i At the end o(the year.-do YOI1 0 \\'-1 0 109<) t8l; Neither At the end of the yenr. do )'OU .. 'TJ W-2 0 1099 t::J Ndlh._;:- ... ..l,'
ret!eivc ... ? j receive. H ?
"Tlow tioyou gel paid? l' CIl,b:O y"" No How do you get paid1-C:;.;$ti:lJ Yes tJ No
__....____ .. , ... _______ -:-:-!'0:"--T.!..! .. a'-!..'1!..:l;:!::u:;:S!!.h_.;......__ -+-:-:-.--:--.,-_____ ' __ .,_. _'" _0 ['_art Cash '_--1
Hourl)"- ____ -.- 0 Salary or Hourl} --J
l
o SalufvlHourl\' & COIll!l1h$;(I" 0 Salary/Hourly & COlllmission
_________ -'--'0=A="...:C:;:o::O::;1I:.:;II:.:is"';,:z'o:.:;n_____ J ____________ ,_J 0 All C[)Inmis,ion ,_. __._
Sl':U-EMPLOYI\JENT I NfORMA nON:
.-----, APi'LfCANT ---. ____ ---.,.ec-----+-- CO-APPLICANT - -----1
If Name: Re,,1 Services, cO,_mpo_.D __ Y Nom, e: t O"-Y-"S --0 No .
t8l y",,-O Nti .. -t--
. J r dnle.,incorlloratfd: 7/05'.' incol'f>c>rated: .. _-,
: Do you 1!JlVe. license? 0 Yes 0NO' Du YOII a businesslicensc'! 0 Yc, 0 Nl) .:
'--1!.Y.es,l>ate.!ssucd ___ .. _ _ lrye .. , Date bsued I
: Are you able ((} obtnin a letter from a CPA stMing ----r[8l y"" Are you :Ible 10 obtain a letter r;om 3 CPA 'tating ...... ....-I 0 \'00
selr-emploved for at .. l year.? _-..lQ lin vou,.. been self-employed for at least ____.___ 0 ?I')._ J
Ie.!' (hall lWO or j currellf!' em ill !!/I'f!'.!i!!.'!! Ol/e p()"iti"!,, plM'\/! (ill ill lire f'ol'-'!willil "/ioll: ..
; ,\..I'Pl.lCANT CO-APPLICANT I
, my job .... ---_TO t8l_':!..o .. _ I This j"b -'-TIO Yc,; j:! No _._._.. ..,.
job ' t8l Yes No This is job ..... IJ Y oS LJ No ____
EllIllinyer I S<!If'-cmplo},o<1lr)escrt Ridge Employ E
I
; Address --". tilll t. Hell Rd #is) \dd .
, "-. --_I-':'C'_:-",';,rSst'SllteZ,-p ...-----, '--.-,',,-.--'" --=i
t ZiL-- .. 1 Phoenix, AZ 8:::.5"'03::,!Z"--______! ... _
"hOM Business Phone
.I',!sition .... _ .. _. ! .. ..... -m _-- __ TIF"r-om'-: '--1'0:--- .".. --_ ....1
... Eltlilioved _._......... I From: IIIg6 To: Present ._ a, '" "
Years nt.iob L_ ......_____ , ... ___ . '_' ___ '''_
__ ''' __ ' I \1' _.. . .......____ ._ .. ..l_!his profession __ _ '
I$lwas this jolJ self , Yes 0 No Ix/wlls Ihis job sclf- 0 YC$ 0 Nt'
_o,.l'ploymcnl? ______ ,_ ... "''' emplovmcnt? ______ --k
, At the cod oftht yenr, do you 0 W-2 01099 I2!l Neither Atlh. cn(I'o"itbc year, do you 0 W2 0 1f)99
: .. ? receive ... ? __________________ _
How do YflU gN pnid?'ClIsh: 0 Yo, !lg No How you gel paid'! Ca.sh: 0 Yes 0 Nil
,.______ . _____ 0 Part Cash ____ ' ..
\farly .. =-: _____ ; ___ h':.$"",,_
Is income.,_ ? [lsaiary \lr Hourly -, ..- Is income ... ? 0 or Ilmu-ly i
o Sata.),!] lourl)' & C,iO)llIis,ion 0 Salary/Hourly & Commission .J'
....___ ...... __ ..... _______ ..., _____ L_. 0 All COntl11is,ion .. ,
----i
KEMP-000485
Aerount:
.. Account
\n, ynur t.,.s ,md homeowner's insurance included with the mortgag" puymtlll? cgj YC$ 0 No
b there 'i shortage in yQur csr-row :'lc-c{}unl? 0 Yes f21 No
If yeh ent.r amount of shortage: S
Comments:
i,t Cuulltf)'wide mortgage is a negative amortizutioll mortgag at 3% lor yr # I & 5.25% (Adj 12/01J07)
2'd Countrywide mongag.:: is an interest-only mortgage at 7.5% 1/0.
._--.f. .._._ ......................... ,
KEMP-000486
Claritlcution - Yahoo! Mail
Page 1 of 1
() ()r". f1 A I L
:,., '.''',
Clarification
Friday, October 12, 2007 4: 3H pr"
Frotn: "Silellie p" Brandon Kemp" <kempn1ortgagc@yahoo-col\1:>
'0; "Hob" <bobriver@bellsollth.net>
Here's the latest on number of loans for one borrower:
Conforming Loan Amounts:
6 Wells financed properties for one person, unlimited with other lenders for 2nd home
6 Wells financed propertied for one person, 10' total with other lenders for investment
Jumbo Loan Amounts:
6 total loans for one borrower both Wells and others for 2nd homes
4 total loans for investments both Wells and other lenders
Guidelines say that a 2nd home, the borrower must qualify for the property without uSing any rental income on
that property. They must intend to occupy for 2 weeks out of the year.
Shellie
I am waiting te hear back from Wentworth, he )should be calling me soon so I can get this moving for
you ... thanks!
Second Home Requirements, Continued
Requirements Generally, the borrower will not own other second homes or investment
properties in the same area as the subject. Caution must be exercised when
the borrower has investment properties or another second home in the
subject's area, in order to be certain that the subject transaction involves a
true second home. In these instances, suPPOtt for the second home's
occllpancy status should be documented in the decisioner's notes.
Second homes must meet the following criteria:
.. Borrower must occupy property for at least two weeks out of the year.
,'It . ,Property may not be subject to allY agreements restricting the bon-ower's
occupancy such as mandatory rental pools, etc.
Property must be suitable for year-round occupancy.
Therc are no minimum mileage requirements from primary residence or
other properties, but subject property must be located (in a resort area or
wherc the bon'ower regularly conducts business) so as to reasonably
function as a second home.
" T11e borrower may not be affiliated in any way with the builder,
developer, or seller of the mortgaged premises.
Refer to the Product section for LTV and TLTV/CLTV restrictions.
lncomc from the propClty may not be used to qualify the borrower.
Tfthe property is to bc used as a second home, type "intent to occupy" above
the borrower's signature on the application and type "second home" directly
below the signature box.
Contillued 01/ ne.vt page
2; Umtc.rwriting - COllventiollul U\ttlcrwriling Guidelines .. Property - Valuatioll For Inlernal RDt> Use Only
July 17,200&
KEMP-000129
11/09
11/14
11114
11115
11/21
11127
11128
11/30
CUT ABOVE. VENTURES, LLC
27,000.04

225,000.00
123,000.00
21.29
21,001.00
518,615.06
Deposits and Credits. Continued
Fia Osna ;Des = direct Dep;ID = 200010167236245
Eff Date: 061109;Indn:Christine Carls
Wire Type:Wire IN Date: 061114 Time:1430 Et
Trn:20061l1400182978 Seq:G0063182252701/274672
Orig:Linda Lurl!,Cassell ID:009284087112 Snd Bk:Cit
!bank N A 10:0008 Pmt Det:Debt Consolidation Progr
Am
Returned Bill Payment From First Franklin Loan Ser
E Date 111406.
Wire Type:Wire 'IN Date: 061115 Time:1251 Et
Trn:200611l500161962 Seq:061115125017H300/000864
Orig:The Ponte Family Trust ID:1441020527 Snd Bk:S
OvereignBank ID:231372691 Prot Det:Tnelson None
Wire Type:Wire IN Date: 061121 Time:1450 Et
Trn:2006112100195827 Seq: 1002672
Orig:Donna Moore ID:803661603 Snd Bk:Webster Bank,
N.A. ID:211170101 Pmt Det:Donna Moore
OheckOard 1125 Radioshack Cor00198929
Wellington FL 74164076329941905169302
Wire Type:Wire IN Date: 061128 Time:1424 Et
Trn:2006112800188522 Seq:061128130500MiehJ000356
Orig:Dragonfly Butterfly LIe Snd Bk:Associated Ban
K Green Bay, N. lD:075900575
Wire Type:Wire IN Date: 061130 Time:1l01 Et
Trn:2006113000150776 Seq:0007PA/000632
Orig:Oitizens Title Services 1 Snd Bk:Oommercial B
Ank Of Florida 10:066010377 Pmt Det:Filc Ref 20613
93/Seneca
Withdrawals and Debits
Page 2 of 14
Account Number, 0043 9062 0808
Ell PI EB 46
Statement Period
11/01/06 through 11/30/06
903711140182978
943211149002052
903711150161962
903711210195827
905711250933553

903711300150776
Preceding check (or cheeks) is outstanding, is inl!luded in summary listing, or has been included in a previous statement.
SW-030152
11/29
11/29
11/29
11/29
11/29
11/29
11/29
1130
11
11/30
11/30
.. __..---_._--------_.
CUT ABOV,E VENTURES, LLC
2,003.00
1,709.00
1,377.00
1,250.00
652.29
470.00
199.61
200,000.00
50,
700.00
549.00
Withdrawals and Debits - Continued
Expense 8197030 ;Des=online Dd jID=16347572
Eff Date: 061129;Indn:Cut Above Ventur .
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
Expense 8197004 jDes=online Dd iID = 16347520
Eff Date: 061129;Indn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
Expense 8196988 ;Des=online Dd ;ID = 16347488
Eff Date: 061129jlndn:Cut Above Ventur
Pmt Info; This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
Expense 8197028 ;Des =: online Dd ;ID = 16347568
Eff Date: 061129;Indn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
Expense 8196990 ;Des = online Dd ;10 = 16347492
Eft Date: 061129;Indn:Cut Above Ventur
Pmt Info: This CorporatePmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
Expense 8197034 jDes=online Dd ;ID=16347580
Eff Date: 061129;Indn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
ElI."Pense 8197038 ;Des=onHne Dd ;1D=16347588
Eff Date: 061129jlndmCut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
National Cit Mort a e Bill Pa ment
ire pe: ll"e Out ate:061130 ime:1455 t
Trn:2006113000251236 Service Ref:004528
Bnf:Palmer Racing Incorporated 10:9421769440
Snf Bk:Wells Fargo Na 10:121000248 Pmt Det:0106113
ll"e ype: lre ut ate: 1 lme: t
Trn:2006113000250520 Service Ref:004479
Bnf:Mountain Charm Cabin Renta ID:104040894
Bnf Bk:Mountairi National Bank ID:064208437
FL TIr transfer to Chk 4649
Banking Ctr Wycliffe
Confirmation#' 4914007626
Wfs Financial Inc Bill Payment
#0001004 FL
H
Page 8 of 11
ACGO\\llt Nwnber: 004390620808
r PI E.B 46
SLatement Pl!dod
11/Ol/06 throl\gh 11/30/00
902563324091657
902563324091643
902563324091661
902563324091645
902563324091667
902563324091671
943211290005106
90 1
957511307540185
943211300005123
')1 II S I 'r 1, D R-009394
c "
12/11
12/11
12/11
ei
12/11
12/11
12111
12/11
12/11
12111
12/11
12/11
12/12
12/12
12/12
12/12
BankofAmerica

CUT ABOVE VEN'rURES, LLC
5,000,00
19,930.00
6,000.00
1,818.76
734.00
639,46
135.00
25.00
10.00
10.00
10.00
10.00
10.00
9,715.00
5,600.00
2,700.00
2,661.00
10.00
Withdrawals and Debits - Continued
Hyundai Motor e ' Retail Bill Payment
Wire Type:Wire Out Date:061Z11 Time:()936 Et
Trn:20061211()Ol00153 Service Ref:001022
Bnf:Qnetiq ID:7862842619 Bnf Bk:Commerce Bank, Na
m:031201360 Pmt Det:01061211001620Nn
FL TIl' transfer to Chk 4025
Banking Ctl' Wycliffe #0001004 FL
Confirmatioh#584G17(j602
Expense 8400072 iDes = online Dd ;10 = 16753912
Ell Date: 061211;Indn:Cut .Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Infornu;ttion. For Assistance Contact
Treasury Management.
Pay Vend 8404754;Oes=online Dd ;10=16763268
Eff Date: 06121liIndn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Tl'easill'Y Management.
Option One Mortgage Bill Payment
Chrysler Financial Bill Payment
Optlon One Mortgage Bill Payment
Capital One Credit Cards Bill Payment
Wire Transfer Fee
Next Day Online Payment Fee
Wire Transfer Fee
Wire Transfer Fee
Wire Transfer Fee
Wire Transfer Fee
Expense 8436394 iDes = online Dd iID = 1. 6826492
Eff Date: 061212jlndn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
LineS Of Pmt lnformation. For Assistance Conta.;:t
Treasury Management.
Expense 8436516 ;Des = online Dd ;ID = 16826736
Eff Date: 061212;Indn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
Expense 8436472 Dd ;10=16826648
Eff Date: 061212;Indn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt 1nformation. For Assistance Contact
Treasury Management.
Expense 8436390 ; Des = online Dd ;ID = 16826484
Eff Date: 061212;Indn:Cut Above Ventlir
Pmt Info: This Corporate Pmt Oan Contain Multiple
Lines Of Pmt Information. For Assistance Conta.ct
Treasury Management.
Wire Transfer Fee
PAge;; of 18
Account N limber: 0043 9062 0808
EO Pf EB 46
Slatement Period
12/01/06 UtI'ollgn 12/31/06 0000097
957512117501551
902563450610963
902563450610991
943212110005026
943212110005190
94321211 0005018.
943212110005054
9.03712110114863
943212090000118
903712110019065
903712110013351
903712110019986
903712110092056
902563454351613
90256345435161'7
902563454351615
902563454351611
903712120045673
SW-030137
CUT ABOVE VENTURES, u.c
Full Analysis Business Checking
CUT ABOVE VENTURES, Ltc
Your Account at a Glance
Page 2 of 4
Statement Period
06/01/07 through 06/30/07
En P PA OA 53
Encl()Sures 0
Account Number 0037 7007 42'95
Account Number 0037 7007 4295 Statement Beginning Balance
Amount of Deposits/Credits
Amount of Withdrawals/Debits
Statement Ending Balance
$100.00

$196,112.14
$20,915.39
Statement Period 06/01/07 through 06/30/07
Number of Deposits/Credits 7
Number of Withdrawals/Debits 8
Nurr.ber of Days in Cycle 30 Average Ledger Balance
Service Charge
Date Cu&tomer
Posted Reference
06/08
06/15
06/20
06/20
06/28
OS/29
06/29
Date Customer
Posted Reference
06/11
.06/15
Deposits and Credits
Amount ($) Description
40,366.53 Online Banking transfer from Chk 0808
Confirmation# 1323867089
12,000.00 Online Banking transfer from Chk 0808
Confirmation# 1923301711
46,353.00 Online Banking transfer from Chit OMS
Confirmation# 2358129703
39,000.00 Online Banking transfer from Chit 080S
Confirmation# 2340870520
4,208.00 Online Banking transfer from Chk 0808
Confirmation# 3035972413
55,000.00 Online Banking transfer from Chk 0808
Confirmation# 3090582303
20,000.00 Online Banlcing transfer from Chk 0808
Confirmation# 3157924823
Withdt-awals and Debits
Other Debits
Amount ($) Description
40,366.53 Wire Type:Wire Out Date:070611 Time:1325 Et
Trn:20070611 00175299 Service Ref:002510
Bnf:John Morse ID:1oo0049379273 Bnf Bk:Suntrust Ba
Nk Atlanta ID:061ooo104 Pmt Det:15257204 Morse
12,000;00 Wire Type:Wire Out Date:070615 Time:1205 Et
Trn:2007061S00165642 Service Ref:002401
BnfMountain Charm Cabin Renta ID:I04040894
Bnf Bk:Mountain National Bank ID:064208437
Pmt Det:15352059
$5,611.68
$0.00
Bank
Reference
957106087548831
957206157517872
957306207502048
957206207545760
957306287566730
957206297511590
957206297582577
Bank.
Reference
903706110175299
903706150165642
SW-030519
~ ~
_okof America ;:".
t
Date
Posted
07/06
07/09
07/09
07/09
07/09
07/09
07/09
07/09
07/09
07/09
07/09
07/10
07/10
07/10
07/10
07/10
07/10
07/10
07/11
07111
07/11
07/11
07/11
07/11
07/11
07/11
07/11
07/12
CUT ABOVE v j RES, LLC
Amount ($)
273.08
32,000.00
10,000.00
8,000.00
5,000.00
3,600.00
2,451.83
15.00
10.00
10,00
4.00
1,000,000;00
23,773.74
14,188.95
4,933.56
4,500.38
1,306.25
45.00
3,000.00
859.00
22,513.00
5,000.00
3,897.66
2,561.33
1,660.47
734.00
617.95
31,125.00
n.'17-14R613 07-2000
Withdrawals and Debits - Continued
Other Debits
Description
Toyota/Lexus Financial Bill Payment
Online Banking transfer to Chk 4295
Confirmation# 3995305305
FL TIl' transfer to Chk 4752
Banking Ctr Wycliffe #0001004 FL
Confirmation# 4003489478
FL TIl' transfer to Chk 0989
Banking Ct:r Wycliffe #0001004 FL
Confirmation# 4003586432
FL 1'lr transfer to Chk 3967
Banking Ctr WycHffe #0001004 FL
Confirmation# 4003403768
Expense12743440 ;Des = online Dd ;ID = 25445708
Eft' Date: 070709;Indn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management,
Wells Fargo Home Mortgage Bill Payment
OLBS Monthly Fee
Next Day Online Payment Fee
OLBS Payments < = 20 Trans
OLBS Payments :> 20 Trans
Wire Type:Intl Out Date;070710 Time:1310 Et
Trn:2oo7071000162212 Service Ref:002245
BnfBJue Invest Est ID:0141-910675-32 Bnf Bk:Credi
T Suisse First Bos ID:Creschzz90A Pmt. Det:01070710
004282Nn/Acc/Blz 4835
Bank Of America - Line Of Credit Bill Payment
Bank Of America Credit Card Bill Payment
Countrywide Home Loans, Inc Bm Payment
Gmac Mortgage Bill Payment
Countrywide Bank, Fsb Bill Payment
Wire Transfer Fee
FL Tlr transfer to Chk 1903
Banking Ctr Wycliffe #0001004 FL
Confirmation# 4176783072
FL 'I'lr transfer to Chk 3626
Banking Ctr Wycliffe #0001004 FL
Confirmation# 4176562687
Expense12820954 ;Des'" online Dd ;ID = 25600922
Eft'Date: 07071l;Indn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Lines Of Pmt Information. For Assistance Contact
Treasury Management.
Saxon Mortgage Services Inc. Bill Payment
American Express Bill Payment
Target Bill Payment
Washington Mutual Mortgage Bill Payment
Chrysler Financial Bill Payment
Washington Mutua] Mortgage Bill Payment
Wachovia Mortgage Bill Payment
Page 7 of 26
Statement Peri.od
07/01/07 through 07/31/07
FlJ E I'B EB 46 0000052
Account Number 0043 9062 0808
Bank
Reference
943207060006270
9571 07097507675
957507097539947
957507097540177
957507097539737
902571900696184
943207090006233
943207090056432
943207070000082
943207090056433
943207090056434
903707100162212
943207100006301
943207100006386
943207100006506
943207100006298
943207100006505
903707100110255
957507117535753
957507117535345
902571913409789
943207110006304
943207110006161
943207110006507
943207110006306
943207110006295
943207110006305
943207120006322
}J 1 ~ i T 'S J R-009284
Date
Bank of America __

CUT ABOVE VqtTRES, LLC
Deposits and Credits - Continued
Posted Amount Descrietion
09/26 50,000.00 Wire Type:Wire IN Date: 070926 Time:1258 Et
Page 4 of 19
Statement Period
09/01/07 through 09/30/07
ED E PB EB 46
Accoullt ill umber 0043 9062 0808
Bank
Reference
903709260164263
Trn:2oo7092600164263 Seq: /001372
Orig:Maria D Martins Snd Bk:Randolph Savings Bank
ID:211371243
Check
Number
1068
IlIa"
1114
1115
1116
6443"
6523*
6554*
6594*
6609*
6612'"
6615"
6617*
6619*
6620
66.22*
6624*
6625
66.26
6630*
6637*
Date
Posted
09/04
09/04
09/04
09/04.
09/04
09/04
09/04
09/04
09/04
09/04
09/05
09/05
Amount
2,100.00
300.00
<5oo.!>()
74\&10:00
5,000.00
2,618.73
5,500.00
596.54
4,294.32
824.39
649.07
6,000.00
420.00
2,163.15
1,096.85
3,383.33
1,509.96
539.42
1,514.30
25,000.00
563.60
Amount ($)
6,500.00
6,500.00
5,702.00
5,276.77
4,028.00
3,182.98
1,895.95
1,709.99
610.01
552.94
4,933.56
4,100.00
Withdrawals and Debits
Checks
Date Bank Check
Posted Reference Number
09/04 813000892496024 6638
09/06 813000792160835 6643*
09/26 813001092533028 6644
09118 813000692381158 66.50"
09/24 813007540154401 6679*
09/20 813004792003656 6681"
09/28 813000392119113 6692*
09/05 813003492723577 6693
09/05 813003392466304
09/05 813000292582328 6724*
09/07 813000800667896 6725
09/04 813003192097878 6744*
09/06 813000592724435 6745
09/04 813001192903570 6749*
09/04 813001192903573 6752
09/05 813003392466303 6753
09/06
09/06
09/05
09/10
09/05
813000492820072 6757*
813000492820071 6762*
813003492723560 6769*
813004092334011 6773"
813003592136468 6783*
Other Debits
Description
Online Banking transfer to Chk 4295
Confirmation# 8910784929
Amount
8,763.99
15,598.12
1,624,89
1,803.38
2,618.73
10,000.00
5,625.00
401.33
2,778.51
17,402.00
17,000.00
2,502.59
212.92
302.00
12,900.00
2,927.17
560.96
215.33
1,000.00
5, ()()(). 00
1,991.46
Expensel4162054 ;Des = online Dd ;ID = 28286114
Elf Date: 070904;Indn:Cut Above Ventur
Pmt Info: This Corporate Pmt Can Contain Multiple
Line!!! Of Pmt Information. For Assistance Contact
Trea!!!ury Management.
Specialized Loan Servicing, IJc Bill Payment
Option One Mortgage Bill Payment
Homecomings Financial Bill Payment
Home Comings Financial Services Bill Payment
Chase Home Bill Payment
US Bank BIll Payment
Chase Home Mortgage Bill Payment
Chase Home Finance Bill Payment
Countrywide Home Loans, Inc BllJ Payment
Chase Home Mortgage Bill Payment
Date Bank
Posted Reference
09/05 813001492471448
09/12 813000692466431
09/06 813003792511738
09/11 813000292633879
09/17 813004592525603
09/11 813000292617590
09/06 813000592412834
09/10 813001192363363
09/18 813000400874196
09/17 813000292063704
09/17 813000292063705
09/06 813003792282972
09/18 813000692151211
09/18 813004192526862
09/18 813000792744091
09/28 813000392119115
09/25 813000792623982
09/24 813000592357226
09/27 813001392542964
09/04 813004770182795
09/28 813000492096805
Bank
Reference
957209047562083
902572471073306
943209040006654
943209040006661
943209040006579
943209040006663
943209040006677
943209040006651
943209040006678
943209040006676
943209050006738
943209050006665
R-009311
Date Customer
Posted Reference
09/06
09/10
09/10
09/13
09/17
09f20
09/21
09/21
09/21
09/24
09/26
09/27
BankofAmerica
Page 3 or 5

CUT ABOVE VENTURES. LLC
Statement PeriQd
09101107 through 09/30/07
EO P P A 0 A 53 0000087
EnClosures 0
Account Number 0037 7007 4295
Withdrawals and Debits - Continued
Other Debits
Amount ($) Description
Bank
Reference
33,197.77 Wire Type:Wire Out Date:070906 Time:l444 Et 903709060197445
Trn:2oo7090600197445 Service Ref:003295
Bnf:Universal Land Title Inc ID:2000032608986
Bnf Bk:Wachovia Bank NA Of Flo 10:063000021
Pmt Det:l6539459 Moore
45,000.00 Wire Type:Wire Out l)ate:070910 Time:1428 Et 903709100200274
Trn:2oo7091oo02oo274 Service Ref:002955
Bnf:Norman Buren Hall 10:005126603950 Bnf Bk:Bb&t
South Carolina ID:053201607 Pmt Det:16579422 Hall
28,000.00 Wire Type:Book Out Date:0709IO Time:l155 Et 903709100147217
Trn:2oo7091000147217 Related Ref:16573146
Bnf:Ultimate Listings ID:439000754752 Pmt Det:U1
33,000.00 Wire Type:Book Out Date;070913 Time;1452 Et 903709130203372
1'rn:2oo7091300203372 Related Ref:16635497
Bnf:U1tirnate Listings ID:439000754752 Pmt Det:Ui
187.62 08/07 Acct Analysis Fee 940309170000001
62,000.00 Wire Type:Wire Out Date:070920 Time:1l49 Et 903709200148640
Trn:2007092000148640 Service Ref:002434
Bnf:Qiltiq Asset Management IN lD:7862842619
BnfBk:Commerce Bank, NA ID:031201360 Pmt Det:1672
4205 Qnetiq
50,000.00 Wire Type:BoQk Out Date:070921 Time:1303 Et 903709210174208
Trn:2007092100174208 Related Ref:16748564
Bnf:U1timate Listings ID:439000754752 Pmt Det:Ul
1,395.00 Wire Type:Wire Out Date:070921 Time:1303 Et 903709210174209
Trn:2007092100174209 Service Ref:002393
Bnf:Chadd Estevez ID:00712519065 Bnf Bk:Amtru.st Ba
Nk ID:267091221 Pmt Det:16748620 Chadd
500.00 Wire Type:Wire Out Date:070921 Time:0813 Et 903709210092432
Trn:2007092100092432 Service Ref:000749
Bnf:WaJ]ace Wallace Lip Attorn ID:329681058494
Bnf Bk:Keybank National Associ ID:021300077
Pmt Det:16738605
324,500.00 Wire Type;Wire Out Date:070924 Time:1241 Et 903709240155044
Trn:2007092400155044 Service Ref:002023
Bnf;WJ.tliace Wallace Lip Attorn ID:329681058494
Bnf Bk:Keybank National Associ ID:021300077
Pmt Det:16767150
49,75C.OO Wire Type;Btlok Out Date:070926 Timc:163-S Et 9Q370g26024f;748
Trn:2007092600245748 Related Ref:16817112
Bnf:FaUing Rock, Lic ID:4390oo523967
31,667.37 Wire Type:Wire Out Date;070927 Time:1004 Et 903709270126189
Trn:2007092700126189 Service Ref:001402
Bnf:Eric Reid ID:I000930749207 Bnf Bk:Wachovia Ban
K NA Of NJI ID:031201467 Pmt Det;16823042 Reid
SW-030449
Date Customer
Posted Reference
10/01
10/03
10r03
10/04
10/10
10/10
10/10
10/12
10/15
10/15
10/15
10/15
10/16
10/17
BankofAmerica

CU'I' ABOVI!: LI..C
Page 3 or 5
Stnt.emlmt I)criod
tO/Ol/O'i t.hrougb )0/31/07
fJ) l' PA OA 53
0
0000129
Ac:count Number 0037 7007 4295
Withdrawals and Debits - Continued
Other Debits
Amount ($) Description
35,000.00 Wire 'I'ype:Wire Out Date:071001 Time:1119Et
Trn:2001100100162725 Service Ref:002005
Bnf:Nick Mastoris ID:1000104128706 Bnf Bk:Wachovia
Bank NA Of NJ/ 10:031201467 Pmt Det:16882347
32,281.02 Wire 'I'ype:Wire Out Date:071003 TIme:1231 Et
'I'rn:2007100300145357 Service Ref:002033
Bnf:James A Laporte ID:0006276232 Bnf Bk:Fifth Thi
Rd Bank ID;071923909. Pmt Det:16926678
2,100.00 Wire 'I'ype:Book Out Date:071003 TIme:1310 Et
Trn:2007100300157608 Related Ref:16928095
Bnf:Corporate Transactions, Ll 1D:003678775065
2,500.00 Wire Type:Wire Out Date:071004 Time:1415 Et
Trn:2007100400179607 Service Ref:002808
Bnf:Jeremy Levine ID;1010024163792 Bnf Bk:Wachovia
Bank NA ID:067006432 Pmt Det:16948534
1,000,000.00 Wire 'I'ype:lntI Out Date:071010 TIme:l039 Et
Trn:2007101000126124 Service Rcf261612
Infrastructure Capit ID;010757300501
Bnf'BkThe Bank Of Bermuda, Li ID:Bbdabmhm/(Ch0055
Pmt Det:17008822 Bermuda
25,000.00 Wire Typc:Book Out Date:071010 Time:1057 Et
'I'rn:2007101000132104 Related Ref:17009772
Bnf:Ultimate Listings ID:439000754752
5,000.00 Wire Type:Wire Out Date:071010 Time:1039 Et
'I'rn:200710l000126126 Service Ref:001195
Bnf:Cohen, Norris, Scherer, We JD:6860001327
Bnf Bk:Commerce Bank, NA 1D:067014822 Prot Det:1700
8897 Creary
32,000.00 Wire Type:Book Out Date;071012 Time;1503 Et
Trn:20071012002l2329 Related Ref:17061919
Bnf:Ultimate Listings ID:439000754752
16,000.00 Wire Type:Wire Out Date:071015 Time:1657 Et
Trn:2007101500271202 Service Ref:004806
Bnf:Norman Buren Hall ID:0005126603950 Bnf Bk:Bb&t
South Carolina ID:053201607 Pmt Det:17064544
1,600.00 Wire 'I'ype:Wire Out Date:0710l5 Time:0958 Et
Trn:2007101500120635 Service Ref:001336
Bnf:Kevin Carrington ID:012148270 Bnf Bk:Citizens
Equity First C ID:271183701 Pmt Det:17069460
16,000.00 Online Banking transfer to Chk 0808
Confirmation# 2453108574
115.08 09/07 Acct Analysis Fee
2,871.57 Wire 'I'ype:Wire Out Date:0710l6 Time:0945 Et
Trn:2007101600099350 Service .Ref:000888
Bnf:Nicholas Creary ID:I010122616303 Bnf Bk:Wachov
IA Bank NA ID:067006432 Pmt Det:17088726
11,450.00 Wire Type:Wire Out Date:071017 Time:0713 Et
Trn:2007101700033372 Service Ref:000394
Bnf:Cindy Simpkins ID:1000054885040 Bnr Bk:Suntrus
T Bank ID:064000046 Pmt Det:17104506
Bank
Reference
90371001016.2725
903710030145357
903710030157608
lJ03710040179607
903710100126124
903710100132104
903710100126126
903710120212329
903710150271202
903710150120635
957310157561525
940310150000001
903710160099350
903710170033372
SW-030426
WEST
48
1 Q During the course of the investigation,
2 a financial analyst with the FBI had occasion to
3 actually see where the monies -- when the monies
4 were deposited and how the monies generally were
5 spent at that time, and is there any reference,
6 or any reflection, that at these particular times
7 this money was going out to some overseas hedge
S fund or foreign u r r e ~ y exchange?
9 A No.
10 Q All right. And was there any money
11 coming back in from any foreign currency exchange
12 or hedge fund?
13 A No.
14 Q In fact, is it fair to say that it
15 looked like the money was being used to spend, to
16 pay, other people's debts, including the debts of
17 prior investors, and pay Ponte and Rivernider
18 money?
19 A Correct. And, in addition, at this
20 point in time, paying the mortgages on the
21 secondary scheme of the real estate.
22 Q That would include debts and obligations
23 of Loretta Seneca?
24 A That is correct.
Falzarano Court Reporters
. 't. I '7
ljv
l
\Ll
USAO-OO 1688
23
WEST

1 trading or anything like that, but any returns
2 coming in other than returns that were received
3 from other investors as it relates to the No More
4 Bills program?
5 A The only funds that were seen going out
6 as any type of additional investments were much
7 later in 2007 and those funds were their money
8 coming back.
9 Q Okay. But this was after this program
10 had been going on for some time; is that fair to
11 say?
12 A That is correct. And the funds I'm
13 referring to were not profit returns, but money
14 they had put out, out of that account being
IS returned.
16 Q All right. Now, let me shift over again
17 to the real estate side. And I apologize for
18 cutting you off before.
19 If you could just briefly explain to the
20 jury as a general matter -- Grand Jury as a
21 general matter how the real estate program worked.
22 A Yes. Once the No More Bills clients
23 were involved in receiving payments for whatever
24 period of time that they were in the program, they
Falzarano Court Reporters
USAO-OO 1609
.... ... - ..... --.. --.-......... ..... ........ -''''-''''--'' .. ., ...- ......... rl ;,
:..-.:

HSBC'
'):;:';('.

The Hongkong and Shanghai Banking Corporation
.l).,. Ultimate- Holding Company: 8 Canada London EI4 5HQ . "."
Phone (44) 020 7991 81188. Fax (44) 020 79924880
United Kingdom
)t-::l

[r-


... .. ... 1" ...
;:r:ft.
DEPOSITOR: CUTABOVE VENTURES, S.A.
) . ,.-<:-
",,':-*', "

NEGOTIABLE U.S. DOLLAR CERTIFICATE OF DEPOSIT
..... j :.
.. *.f..t ...

"
CERTIFICATE No. 7615:1. Date: OCTOBERso'h, 2007
Issued in London: OCTOBER 30th, 2007
'j'


THIS CERTIFIES THAT THERE HAS BEEN DEPOSITED WITH THE
HONGKONG AND SHANGHAI BANKING CORPORATION UK. AT ITS HEAD
OFFICE AT 8 CANADA SQUARE_ LONDON E14 SHQ, UK.TO:CUT ABOVE
VENTURES, S.A. !i!Ii.:

;'l!ii: r.-.(
AS PER INSTRUCTIONS OF OUR CLIENT, CUT ABOVE VENTURES S.A. WE THE llnJ
HONGKONG AND SHANGHAI BANKING CORPORATION UK, HEREBY CONFIRM

... ;. WITH FULL BANK RESPONSIBILITY, THAT ON October 31
st
., 2008 WE ISSUED A ;.
DEPOSIT CERTIFICATE IN FAVOR OF CUT ABOVE VENTURES S.A. W1TH bl::"H

6!'l} REGISTRATION NUMBER 76151 IN THE AMOUNT OF US$lO,OOO,OOO.OO (TEN
MILLION DOLLARS I, WHICH ARE GOOD, CLEAN, CLEAR AND OF NON-
ii.::.e: I f"'i'c
CRIMINAL ORIGIN FUNDS, FREE OF ANYLIEtyS AND ENCUMBRANCES. .::.


WE ALSO CONFIRM WITH FULL BANK RESPONSIBILITY .THAT WE
r,.V ACKNOWLEDGE AND AGREE THAT THE ABOVE REFERENCED CERTIFICATE t: ..... ,:.
"fr
HAS BEEN RESERVED AND WILL BE BLOCKED FOR A PERIOD OF ONE YEAR t..-:
AND ONE DA Y PLUS EXTENSIONS AND ROLLOVERS, IN FA VOR OF A CREDIT
""f" LINE PROVIDER. THESE FUNDS AND THEIR BLOCKING, AND THIS '
COMMUN1CATION, MAY BE CONFIRMED ON A BANK TO BANK BASIS, ON
;t:'if DTCI EUROCLEAR SCREENS AND WHEN REQUESTED ON THE SCREEN BY A ...
SWIFT MT760, RELATED TO THE ABOVE REFERRED ACCOUNT. THIS IS AN
OPERATWE BANK INSTRUMENT AND IS SUBJECT TO THE UNIFORM :,:.'!It,.

)i. ... :;: COMMERCIAL CODE AS IT RELATES TO BANK CREDIT
A SCANNED COPY OF THIS LEITER, SENT VM E-MAIL IS DEEMED AS
ORIGINAL.

CERTfFJCATEOFAUTHF-NTICATION FOR AND BEHALF OF HSBC

>:1")(0
.. ,. .' SHU. 1 CfJ}" "'%" ""G' '0'
5.::
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.... .4UTJlORlZEDSIGNATORl" .'.,



SW-024606
SW-024600 (.
St
{ i- H \ (S.iT
SW-024607
SW-024600
SW-024600
Consulting agreement for 10M program
September 10, 2007
This agreement is between Robert H. Riverminder and Stephen K. Carper for the
consulting fee of placing Robert H. Rivenninder into a private placement program for 10
million dollars. The duration will be 40 weeks with possible extension being available. It
is understood the funds will be deposited in to a foreign bank account. After proof of
funds are shown co-ordinance for the MT760 will be given. The 10 Million dollars must
be blocked for 40 weeks plus one day by a MT760.
The fee for this service is 5% of gross revenue paid to Robert H. Riverminder from the
Private placement.
Robert H Riverminder Stephen K. Carper
SW-024608
Deal SLC Chief, Clock Is Ticking on Mortgage Cases - NYTimes.com
April 13. 2013
Note to New S.E.C. Chief: The Clock Is
Ticking
By GRETCHEN MORGEN SON
lil7/l4. S'22 PM
AFfER receiving unanimous SUppOlt from the United States Senate, Mary Jo White was confirmed
last week as the new head of the Securities and Exchange Commission. At her swearing-in, she
praised S.E.C. officials for "vigorously enforcing the securities laws."
Doubts remain, however, about how potent the S.E.C.'s enforcement has been, especially in the
aftermath of the mortgage mania. So Ms. White has some work to do.
She surely has a long list of ideas for her S.E.C. stewardship. Here's hoping that one priority is to
determine, and ramp up, investigations and whistle-blower complaints that are approaching their
five-year statute of limitations. For a lot of cases involving questionable practices and disclosures
arising from the mortgage bust of 2008, time is running out.
A February ruling by the Supreme Court made this crystal clear. In a case called Gabelli v. S.E.C.,
the court ruled that the commission has no more than five years from the occurrence of a fraud to
file enforcement actions. It cannot wait until it uncovers a violation to start that clock.
How many S.E.C. cases are up against that five-year limit? Outsiders have no way of knovving. But
one whistle-blower complaint involving potentially misleading disclosures by SunTrust Banks, a
regional bank holding company in Atlanta, serves as an example. Filed with the S.E.C. more than a
year ago by a former SunTrust employee, it appears to be languishing even though time's a-
wasting.
The Sun Trust whistle-blower complaint, which I reviewed, contends that company financial filings
of recent years misrepresented the bank's exposure to risky no-documentation mortgages that it
underwrote from 2006 to 2008. Many were sold to Fannie Mae and Freddie Mac, the taxpayer-
backed mortgage finance giants.
Shareholders have not been aware, the complaint says, that many mortgages SunTrust was selling
to Fannie and Freddie in this period were so-called liar loans, with little to no documentation of
borrowers' income or assets. The bank maintained that it had little exposure to low-documentation
http://www.nytilllcs.com/20 13/ 04/14{ business I dear -sec -chief-clock - is-ricking-on-Illortgage -cases. him Ihe r: busi ness& ... r 2&&pagewanted = print

Page 1 of 4
Dear S.Le. Chief - Clock Is Ticking on Mortgage Cases - NYTimes.com iilll14, 5:22 PM
loans, the complaint says.
As 'With many whistle-blower complaints, the person filing this matter asked not to be identified.
Aegis J. Frumento, a lawyer at Stern Tannenbaum & Bell who represents the whistle-blower, said
the plaintiff is an experienced mortgage underwriter at SunTrust who was disturbed by dubious
practices at the bank.
Michael McCoy, a SunTrust spokesman, declined to comment on the whistle-blower's allegations,
saying the bank was unaware of the complaint. He said in a statement that the bank's policy was to
use Fannie's and Freddie's guidelines when underwriting loans that would be sold to them.
Nevertheless, the complaint details how it says some SunTrust mortgage sales representatives
manipulated an automated loan underwriting system to gain Fannie's and Freddie's approval for
mortgages that did not meet those companies' standards. These loans, sold mostly to Fannie, were
called Agency Shortcut mortgages.
SunTrust sales representatives entered fabricated income and asset figures into the bank's
exclusive version of Fannie Mae's Desktop Underwriting system, the complaint says. Fake
numbers, it says, would generate automatic approvals for unqualified borrowers, "at the same time
preventing underwriters from exercising proper oversight."
That oversight was thwarted because once the system's approvals kicked in, the complaint
contends, underwriters in SunTrust's due diligence department could not stop the loans from being
sold to Fannie or Freddie. There was no turning off the assembly line.
The complaint contains several internal SunTrust documents to support its allegations. One is a
promotional piece for sales reps that explains the Agency Shortcut mortgage. "It's a SISA (Stated
Income/Stated Asset) atfull doc pricing," it says. Translation: undocumented loans carried the
same interest rate as a fully documented version.
Because of fabrications, the complaint says, Fannie Mae's system recognized these loans as fully
documented. But according to the complaint, the Agency Shortcut mortgage waived property
inspections and did not require the borrower to sign the document that allows the Internal
Revenue Service to provide a prospective lender with a borrower's income. In addition, borrowers
ofthese loans could have a debt-to-income ratio of up to 64.99 percent, an onerous level.
SunTrust terminated the Agency Shortcut program in April 2008, the complaint says. Two months
before, Fannie Mae limited the number of times a sales rep could enter information on a single
borrower, according to the complaint. This might have been in recognition that its underwriting
http://''Mw.nytimes.com/2013/04f14Ibusiness[dear-sec-chief-clock-iS-ticking-on-mortgage -cases.htm Ilref= business&J = 2&&pagewa nted = print Page 2 of 4
Dear S.E.C. Chief - Clock Is Ticking on Mortgage Cases - NYTimes.com lil7!14. 5:22 PM
system was being gamed by repeated efforts to gain a loan approval.
The complaint contends that SunTrust originated "tens of billions of dollars" in Agency Shortcut
mortgages. It is unclear how many of these loans landed at Fannie or Freddie; Suntrust's financial
filings say the bank sold $98.6 billion in total loans to Fannie and Freddie during the three years
ended 2008.
Support for the whistle-blower's descriptions oflax lending at SunTrust seems apparent from the
boatload ofloans sold to Fannie and Freddie during the mortgage mania that the bank has had to
buy back. Such repurchases are typically done with loans that failed to meet standards - like
borrower quality - or other characteristics promised to the purchasers at the time of the sale.
Over the last three calendar years
t
according to its financial statements, SunTrust has repurchased
$2.235 billion of mortgages, the bulk from Fannie. Fannie requests these repurchases, and
documents show that Suntrust's constituted the fifth-largest amount among lenders at the end of
2012. It ranked not far below the much larger JPMorgan Chase.
And at the end of 2012, SunTrust said it had $655 million in repurchase requests outstanding. Mr.
McCoy, the spokesman, said the bank's buybacks reflected its heavy concentration of lending in
Georgia and Florida during the bubble.
"We sold a higher percentage ofloans to Fannie Mae than did some of our competitors," he said,
"so it also stands to reason that our demands from Fannie Mae could be higher than some peers."
The loan types that included the Agency Shortcut have accounted for just 20 percent of the bank's
bllybacks, he said.
It is unclear, of course, what might come of this whistle-blower complaint. The S.E.C. declined to
comment
The statute-of-limitations clock, meanwhile, is ticking. ''I'm sure the S.E.C. takes the Gabelli
decision seriously," Mr. Frumento said. "The logic of the ruling is that the S.E.C. is supposed to
know when there have been securities law violations because that's their job. I think the S.E.c. may
end up being too late to file a lot of cases that it is now sitting on. But not this one, yet."
http://www.nytimes.com/2013/04/14!business/dear-sec-ellief-clock-is-ticking-0I1-mortgage-cases.html?ref= business&j= 2&&pagewanted = print Page 3 of 4
Date Closed Borrower Title Company lealtor\Develope Lender\Broker Marketing Fee Count State
May 17, 2007 SunTrust-002113 Jeanne LaPorte Sevier Colonial SunTrust\Trinity 91,800 TN
May 18. 2007 SunTrust-001441 Dennis Seneca Sevier Colonial SunTrust\Trinity 110,282 TN
May 21, 2007 Petruzzi Knox Title Southern SunTrust\Trinity 133,321 TN
May 21,2007 Simpkins Knox Title Custom Crafted SunTrust\Trinity 135,000 TN
May 23.2007 SunTrust-003710 Bell Sevier Colonial SunT rust\ Trinity 97,273 TN
May 25. 2007 Carol LaPorte Sevier Colonial SunTrust\ Trinity 110,000 TN
Jun 4, 2007 Blanchard Sevier Colonial Sun Trust\ Trinity 78,000 TN
Jun 5,2007 R-019197 Cartwright Sevier Colonial SunTrust\ Trinity 93,128 13 TN
Jun 5, 2007 Winchester Sevier Colonial SunTrust\ Trinity 78,000 12 TN
Jun 11,2007 SunTurst-003036 Morse Sevier Colonial SunTrust\Trinity 95,346 TN
Jun 21, 2007 SunTrust-002634 Bennett Sevier Colonial SunTrust\ Trinity 78,000 11 TN
Sep 10, 2007 Norman Hall Smoky Mountair Eden Crest SlInTrllst\Trinity 105,000 TN
RE: To your request
Page I 01'5
,Rf...; To your request
Taylor.Donna [Donna.Taylor@suntrust.com]
Sent: Monday, April 05, lOlO 3:52 PM
To: West, Stephen M. Jr.
Good Afternoon,
I have taken this a step further and hope that this is what you are looking for. The Principle balance minUs the
foreclosure sale price shows the difference or loss amount that we did not recover from sale. There are several
h till th d t I I' h be I. at are $ in e process an no oree asura sa e Price as
Property Borrower
1736 Summit Carolyn Laporte
View
200.9 Bear Curtis
Creek Winchester
1721 Summit Dennis Seneca
View
1586 Bears Den Donna Moore
Way
2305 Hollow Jeanne Laporte
Branch
2029 Bear John Mors.,
Creek
1214 Upper Loretta Seneca
Alpine
i 2 Bear Norman
. Creek Bl<lnchar<i
2055 Bear Norman Hall
Haven
1270 Bear Chili Nonnan Hall
752 Glory Randall Newton
I Ridge
1606 Hountain Robert
Lodge Way CartwrJ.gr.t
2023 Bear Robert Bennett
Creek
1659 Mountain Stephen Bell
Lodge Way
Thank you,
Donnn L. Taylor
Loan Risk and Recovery Department
Sun Trust Mortgage, Inc.
Mail Code MTG 1934
90 I Semmes A "en\Je
Richmond, VA 23224
Tel: 804.319.8072
fax; 804.675.40.38
Con(ldlfltiallty Note'. This me$3.3ge is Intended for use
onty by the individual or entity to wl\jch it is: addressed
and may contain iof0ffll8tion thai is privileged,
confidenll!Otlf, and 9)(smpl from under applicable
law If Ihe road&r of this meS$8ge is OOllhe Intended
or ina empiovoc 0( aQent tor
principle
llalance
$460,303.73
$357,38.9.66
$409,162.73
$475,228.13
$180,816.92
$357,667.37
$257,988.40
$357,664 -46
$404,283.38
$437,299 .. 13
$393,492.95
$317,307.04
$358,480.35
$357,295. 7 5
en listed yet as it ',$ In process or scheduled
Foreclosure !Loss/Difference
sale amount
$427,992.00 $32,311.73
$342,891.00 $14,498.66
$422,439.00 iNo Loss
No information UTp
listed
No
lister
$330,786.00
-
$269,503.00 No loss
$334,124.00 $23,540 .46
"-
Sale Scheduled TBD
In Process <rBD
In procezs TBD
$330,'868.00 $27,612 .. fs
-
In Process BD
-_ .....
https:l/www.J24mail.com/owaJ.?ae=ltem& [=IPM .Note&id=RgAAAACujj OqO%2ba9Ql tzc... 4/6/201 0
SUNTRUST-005002
Fr(1!H: Bob Rivernider ;', "',0, ,;, ,,'
Sut:g)cL Specific motion for discovery
Oot,,: August 23, 2013 at 5:09 PM
1,), Mike Chase ";,\"''', James W, Bergenn ,.1b"';9";I";" ':;u(U" ",,'"
Mike,
You mentioned that you filed a motion for information that has to do with sentencing, According the the Attorney General of the United States
Eric Holder the DOJ is looking at new charges against the bankers, probably some of the same virginal bankers who this high school grad
cleverly defrauded, If the DOJ has information about these banks they should turn it over as it may go to loss and sentencing, II for example
the DOJ has any additional information about Kemp and other loans she did that had inflated incomes as she did on the loans involved we
should be given that information Since the G case is that I made her do it when she called me on an unknown phone that has no records and
Kemp never provided the number, interesting that the FBI never asked what number her or Dan Fallow called me on, in fact we didn't ask Dan
Fallow what number he called me on either,
So how about a motion asking for any material evidence the DOJ has regarding the banks that the DOJ is considering filing charges based on,
And how about a motion asking the FBI for Dan Fallow and Kemp handwritten notes so we can see what phone they called me on, Maybe
they were calling Robert Hall or Bryan Owens number and not mine, ever think about that?
Financial Meltdown Prosecutions Against Elite Actors? File
Them Under 111'11 Believe It When I See IL"
By Solomon Wisenberg Share
In an interview with the Wall Street Journal, reported here, Attorney General Holder promises that
"he plans to announce new cases stemming from the economic meltdown in the coming months."
Some media outlets have interpreted this as a harbinger of criminal prosecutions, but Holder did not
indicate whether the cases would be civil or criminal. Any civil case against the likes of a major bank
or investment house can be filed under "Costs of Doing Business." In addition to the civil-criminal
wiggle room Holder allowed himself, the definition of "cases stemming from the economic
meltdown" is broad enough to cover a multitude of alleged malfeasance. Is DOJ going to prosecute
people who purportedly contributed to the meltdown through fraudulent omissions and
commissions? Or will it bring desultory civil cases based on conduct that occurred in the wake of
the meltdown? According to the article, Professor John Coffee "expected the five-year statute of
limitations on many white-collar crimes may bar a successful prosecution of a number of pre-crash
abuses." But virtually any federal criminal financial institution fraud case can be brought within 10
years, thanks to FIRREA. Criminally fraudulent activity involving a financial institution that occurred in
May 2006 could be charged as late as 2016,
(wisenberg)
Current Affairs, Prosecutions, Prosecutors I Permalink
Attorney Client Confidential Correspondence
96006-004
Wednesday. December 31, 1969 7:13 PM
Subject: FW: Wayne Hicks and My lcis
Date: Friday, March 16, 2007 2:38 PM
From: Robert <robert@the-hudson-group.net>
To: Bob Rivernider <bobriver@juno.com>
See below from my brother the lawyer.
r
From: Bruce Ponte [mailto:bruce_ponte@yahoo.com]
Sent: Friday, March 16, 2007 12:02 PM
To: robert@the-hudson-group.net
Subject: Fw: Wayne Hicks and My leis
FYI, She tells me that his story about the bank "freezing" his account with
our money was a lie.
----- Forwarded Message ----
From: Phyllis Shelby <phyllis.shelby@securities.arkansas.goY>
To: Bruce_Ponte@yahoo.<.:om
Sent: Friday. March] 6, 2007 8: 10:52 AM
Subject: Wayne Hicks and My Ieis
March 16, 2007
Mr. Bruce Ponte
Brucc_ponte@yahoo.com
RE: MYICIS and Wayne I-licks
Dear Mr. Ponte:
Page 1 of Z
Pursuant to our telephone conversation today I am sending this
lctter with infotmation regarding MYICIS, ALFII and Wayne Hicks. The
Arkansas Securities Department has been working with federal authorities
to assure complaints are forwarded to the agency with proper
jurisdiction over the matter.
The FBI and the IRS are involved in a criminal investigation
involving MYIClS.com and Wayne Hicks. The investigation is ongoing and
as such, details can't be discussed. However, your interest as a victim
and a potential witness are of interest to the investigation. Your
written complaint documents, etc., along with your contactinfonnation,
should be forwarded to the:
Federal Bureau oflnvestigation
ATTN: MYICIS.com
P.O. Box 391
Fayetteville, AR 72702
You willlikeJy be receiving a questionnaire from the FBI/IRS in
the months to come regarding your claim and you will be encouraged to
return the questionnaire upon completion. As the criminal investigation
doesn't lend itself to recovering your lost deposits with MYICIS, you
are encouraged to seek advice of a private attomcy.
1 f you have any questions please feel free to contact me at 501-324-8692
or 1-800-981-4429.
Sincerely,
Phyllis Shelby
Chief Investigator
Exhibit 47
,.
Page Z of 2
Sent By; SEVIER TITLEi
865 428 5785;
FAX COVER
May- 25- 0411; S6AM;
SEVIER TITLE, INC.
134 Court Avenue
Sevierville. TN 37862
(865) 428-2381
Fax (865)428-5785
Email: SevierTitfe@Seviemet.com
Page 1/4
To: Wade
From: ....:A:...;Jp::.,:f.::,.il________ _
Fax No: 4{)4-214-8173
Date: 05/25
/
07
...;;..c... ______ _
No. of Pages (including cover) _4;;,......_
Re: ~ __ ~ _ ~
I haw amended the attached closing statement to reflect the following changes:
1. Added the HOA Dues on the borrowers side of 686.45 l C; t'\-e. lOLl)
2. Added the Sellers payoff to Mountain National Bank
3; Added the Consulting and Marketing fee as a sellers expense
Please review and fax your approval 10 me at your earliest convenience.
Thanl< you-
R-032330
Sent By: SEVIGR TITLE;
--
BSS 5785; \1'
i
Page 214
6125107 11:2.4
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I
R-032331
sent By; SEVIER TITLE; 665 428 5785; 1 1:39AM; Pago 3/4

1301. S"" ....
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R-032332
SuN'fRUST"
MORTGAGE
1/26/09
UG via email
Loan Data:
UG Loan No:
STM Loan No:
Borrower:
Property:
Sharon MaBon
RapUIC!HlSil Analyst
11372705
0205920275
Blanchard
2016 Bear Creek Way
Sevierville, TN 37S62
RECEIVED
wq
JAN 262009
: 1 n = : . : ~ ~ 911. II"'OnltGd Guaranty
Richmond, VA 23224 . - - .. ,.
T61804.319.1159
Fa)( 804.615.4038
SoarOl1.Mason@SunTflJllt.com
SunTrust Mortgage, Inc. requests to appeal the mortgage insurance claim on the above
mentfoned loan.
Occupancy: This loan closed as the borrower's second home. The application, DU
approval and Occupancy Affidavit also reflect this. There was no reason for the underwriter
to question the borrower's intent.
Liabilitios: SunTrust pulled a MERS report along with a new credit report for the borrower.
The property I mortgage in question is for a properly located in Hawaii. The MERS report
shows this!oan closed 7/26/07 and the new credit is reporting this mortgage with Taylor,
Bean and Whitaker Mortgage as of 8/07. This mortgage was opened after the closing of the
subject property and therefore had no affect on this loan decision.
Income: The stated income used to qualify the borrower did appear reasonable. The
borrower has been employed as a driver since 1997. This loan closed under the No Income
Verification loan program where income is not required to be verified. The source of the
ihcome, stability and likelihood of the continuance of the income was atl iaken into
conSideration. The underwriter had no reason to question the validity of the stated income.
SunTrust is providing supporting documentation. Upon review, SunTrust respectfully
request UG to reconsider their position and reinstate the mortgage insurance. If you have
any questions, please contact me at Sharon.Mason@SunTrust.com.
Thank you,
Sharon Mason
Repurchase Analyst
[EXhibit 45 '!
_ ...... _ ... _ .................._ .............................. J
R-0326J3
fl.
SUNTRUST"
MORTGAGE
1/15/09
UG via email
Loan Data:
UG Loan No;
STM Loan No;
Borrower:
Property:
Sharon Mason
RepUrchase Allalysi
11372710
0205903735
Winchester
2009 Bear Creek Way
Sevierville, TN 37862
I
QFCEiVED
Gre.'j
JAN 202009
Sunnllst
901S&mmes Ave,
RIchmond, VA 23224
T&l904,3Hi.1159
Fax 804.676.4038
Sharon.Mason@SunTrust.com
SunTrllst Mortgage, Inc. requests to appeal the mortgage insurance claim on the above
mentioned loan.
Income: This loan was approved under the no income verification loan program.
Verification of employment and self employment were obtained as required by guidelines;
eliminating inOome. The stated income did not appear unreasonable for the borrower's
eleven years as self employment and six years on his full time job. The income was
appropriate for the source, stability and likelihood of continuance. The borrower had a good
credit score and minimal debt
Sun Trust respectfully request UG to reconsider their position and reinstate the mortgage
insurance. If you have any questions, please contact me at .$har.gn.Mc!.5qn@SunTrustcom.
Thank you,
Sharon Mason
Repurchase Analyst
R-033164