It was announced in December, 2008 that the former President, CEO and Chairman of the Board of Directors of W. P. Hickman of Ohio, David D'Anza, was indicted for mail fraud and three counts of filing false income tax returns.
For accuracy, the report is reposted herein, along with the link.
Recent updates will be posted after this paragraph as they are announced.
From the US DOJ Website:
http://www.usdoj.gov/usao/ohn/news/03December2008.html
"News
Release
For Release: December 3, 2008
U.S. Department of Justice
United States Attorney
Northern District of Ohio
William J. Edwards
United States Attorney
John D. Sammon
Assistant U.S. Attorney
216-622-3829
William J. Edwards, United States Attorney for the Northern District of Ohio, announced today that federal Grand Jury in Cleveland, Ohio returned an indictment charging David N. D’Anza with one count of mail fraud and three counts of filing false income tax returns. According to court records, David N. D’Anza resides in Hudson, Ohio.
The indictment alleges that D’Anza was the President, Chief Executive Officer, and Chairman of the Board of Directors of W.P. Hickman Systems, Inc. in Solon, Ohio. Hickman sold and distributed flat roofing products throughout the United States. The indictment further alleges that, from November 2002 through July 2007, D’Anza fraudulently obtained money from Hickman through three methods. First, the indictment alleges that D’Anza executed a fictitious consulting agreement with Aurgo Consultants, purportedly on behalf of Hickman. Under the terms of this agreement, Aurgo was to provide various consulting services to Hickman for $13,000 a month. The indictment alleges that the defendant knew this consulting agreement was fictitious and the $13,000 monthly payments were actually repayments on a $2 million personal loan D’Anza had received from his mother-in-law. As a result, from December 2002 through July 2007, the indictment charges that D’Anza fraudulently caused Hickman to make unauthorized payments to Aurgo Consultants totaling $734,500.
Second, the indictment alleges that D’Anza created a false and fraudulent commission agent’s agreement with Person #1, again purportedly on behalf of Hickman, whereby Person #1 was to receive $1,080 per week as a Hickman sales representative in Panama. The indictment alleges that the defendant knew full well that Person #1 was never a sales representative for Hickman in Panama or anywhere else. The indictment charges that D’Anza caused Hickman to pay Person #1 $78,840 from August 2004 through December 2005 for extensive renovations to the defendant’s personal residence in Hudson. The third means by which the defendant fraudulently obtained money from Hickman is that the defendant allegedly caused Person #1, dba T&M Builders, to submit five false invoices to Hickman for repairs purportedly done to Hickman’s warehouse and parking lot. The indictment charges that these invoices, totaling $66,070, were actually for services rendered at D’Anza’s personal residence.
The indictment charges that, as a result of D’Anza’s fraudulent conduct, Hickman sustained losses totaling $879,410.
The indictment also alleges that D’Anza filed false income tax returns for the years 2004, 2005, and 2006 in that he failed to report on those tax returns the monies he fraudulently obtained from Hickman. The indictment states that D’Anza reported total adjusted income of $1,562,141 on his tax returns for the years 2004 through 2006. The indictment alleges that D’Anza failed to report additional income for those years totaling $554,410 on which there was additional taxes due and owing of $186,865.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney John D. Sammon, following a joint investigation by the Cleveland Office of the Federal Bureau of Investigation and the Akron Office of the Internal Revenue Service, Criminal Investigation Division.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt."
Showing posts with label False Prosecution. Show all posts
Showing posts with label False Prosecution. Show all posts
New Hampshire Officials Declare War on a Manufacturer Standing up to the Scam
Saturday
And you thought you had it bad because of the economy.
To quote Thomas Jefferson:
"It is error alone which needs the support of government. Truth can stand by itself."
And this case is a prime example of such error.
Try the following - this is actually happening:
There was a roofing manufacturer in New Hampshire that produced the strongest SBS Modified Bitumens out there, I heard....until......
For reporting the illegal sole-sourcing of roofing products (by one of those named in the New Jersey Report - Garland) to his local School Board President, a young guy with a Ph.D. in the sciences and with a young family, the following happened, according to sources and tapes heard:
1. The young School Board President died suddenly.
In threats made by a local person, he clearly described to the manufacturer (according to the tape and the manufacturer) how the young man was murdered - including the involvement of emergency room physicians.
Shocked?
It was much, much worse, and heard on tape. To start from the beginning:
2. Local officials began harassing the manufacturer.
3. The manufacturer chose to tape all such conversations, a defensive and not offensive move, making reports of such to the local police.
It was sensible and not rash - allowed by one of the laws in his state
(and ignored by Prosecutors and Courts).
4. Instead, the attacks were stepped up upon his reports.
(So who was involved??? became the question...and then it gets much worse...)
5. A business beside the manufacturer's facility burned - and apparently, it was arson.
6. The next threat (caught on tape) was that he might be burnt out, and the landlord, who had been paid ahead for many months, required the manufacturer to move out ASAP, afraid for his property.
7. The guy threatening the manufacturer then described in detail how the School Board President was killed - caught on tape by the manufacturer (and referred to in Item No. 1 above).
8. The manufacturer was then harassed with more threats, including having him cut up in pieces and thrown out at sea.
9. The manufacturer's complaints to the police are not heard. Instead, he was threatened with prosecution, then offered a lot of money to give up the tapes, then actually prosecuted when he refused to "sell" them the tapes.
And all this happened despite the New Hampshire law that allows him to tape others in such circumstances.
10. During the sad attempts to have a trial, one judge dismisses the case "with prejudice" early last summer (also caught on tape) - and then restarted the trial several weeks later.
Did you get that? "Dismissed with Prejudice" means that you can't retry. But they did.
11. In attempts to prosecute the manufacturer, the tapes were played last Fall in front of a Jury with the Judges stopping the trial(s) in mid-air and getting the tapes shut off - more than once. And declared mistrial(s).
12. At the manufacturer's parish, a roof scam was attempted on the parishioners - paying too much for too little. When the manufacturer informed them, they started accusing him of crazy behavior and more.
13. The Judge then attempted to have him committed to a State Mental Hospital.
Significantly, the State Psychiatrist refused to sign the
document he was asked to approve, describing
the mental state of the Manufacturer.
14. The manufacturer is an honest guy. When asked if he had made the tapes by the Judge earlier this year, he said "Yes" and was immediately convicted.
This is despite a New Hampshire law that allows him to tape under the circumstances he was in.
15. The manufacturer surrendered his guns to a relative and took care of all matters - so he thought - so as not to trip up on the laws.
16. When the manufacturer was called into court a few weeks ago, he was arrested going through the X-ray machine with a gun in his briefcase that he could not remember putting there.
17. He is sitting in jail today, a sitting duck for the very law enforcement officials involved somehow in covering up the previous acts, and for those who threatened to kill him.
They set bail at an amount his family could not afford - $ 75,000. All cash, no bond, allowed.
And it's happening right now - in New Hampshire.
If you can take back a Judgment with Prejudice and start the trial over weeks later, what kind of Justice System is that?
If you can prosecute something allowed in law, what kind of Justice is that?
And if you care only about your buddies, what kind of Justice is that?
Washington and Jefferson are rolling in their graves, New Hampshire.
And it affects ALL of us - if they can get away with it in New Hampshire, you can bet they'll try it everywhere else. It's called "precedent".
For those of you with a conscience:
If you wish to help the manufacturer - please contact his attorney. His name is Gerard Beloin and his company is Bluestone Manufacturing. His attorney is Paula Werme in New Hampshire, at:
pwerme@comcast.net
If you have any information that could help him, please contact his attorney but more importantly, the FBI.
It's clear local state officials - once again - are involved - on the scam side.
And it's clear not one state official in New Hampshire has done the right thing - yet.
Let's see, which manufacturer is next - and will get the same treatment as he?
Or rep, or supplier, or contractor, or architect or engineer, or non-complicit School Board Official or Facilities personnel?
"When governments fear people, there is liberty. When the people fear the government, there is tyranny. " - Thomas Jefferson
________________________________________________
The New Hampshire Privacy Law states:
"Much like other states, the New Hampshire Privacy Code states that public and private entities in the course and scope of employment and supported by articulable suspicion, are not limited from the "attempt to capture any type of visual image, sound recording or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity...or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business activities adversely affecting the public health or safety."
See also "New Hampshire Privacy Code - Paragraph V", the 8th post down at: http://www.roofingscam.blogspot.com/
To quote Thomas Jefferson:
"It is error alone which needs the support of government. Truth can stand by itself."
And this case is a prime example of such error.
Try the following - this is actually happening:
There was a roofing manufacturer in New Hampshire that produced the strongest SBS Modified Bitumens out there, I heard....until......
For reporting the illegal sole-sourcing of roofing products (by one of those named in the New Jersey Report - Garland) to his local School Board President, a young guy with a Ph.D. in the sciences and with a young family, the following happened, according to sources and tapes heard:
1. The young School Board President died suddenly.
In threats made by a local person, he clearly described to the manufacturer (according to the tape and the manufacturer) how the young man was murdered - including the involvement of emergency room physicians.
Shocked?
It was much, much worse, and heard on tape. To start from the beginning:
2. Local officials began harassing the manufacturer.
3. The manufacturer chose to tape all such conversations, a defensive and not offensive move, making reports of such to the local police.
It was sensible and not rash - allowed by one of the laws in his state
(and ignored by Prosecutors and Courts).
4. Instead, the attacks were stepped up upon his reports.
(So who was involved??? became the question...and then it gets much worse...)
5. A business beside the manufacturer's facility burned - and apparently, it was arson.
6. The next threat (caught on tape) was that he might be burnt out, and the landlord, who had been paid ahead for many months, required the manufacturer to move out ASAP, afraid for his property.
7. The guy threatening the manufacturer then described in detail how the School Board President was killed - caught on tape by the manufacturer (and referred to in Item No. 1 above).
8. The manufacturer was then harassed with more threats, including having him cut up in pieces and thrown out at sea.
9. The manufacturer's complaints to the police are not heard. Instead, he was threatened with prosecution, then offered a lot of money to give up the tapes, then actually prosecuted when he refused to "sell" them the tapes.
And all this happened despite the New Hampshire law that allows him to tape others in such circumstances.
10. During the sad attempts to have a trial, one judge dismisses the case "with prejudice" early last summer (also caught on tape) - and then restarted the trial several weeks later.
Did you get that? "Dismissed with Prejudice" means that you can't retry. But they did.
11. In attempts to prosecute the manufacturer, the tapes were played last Fall in front of a Jury with the Judges stopping the trial(s) in mid-air and getting the tapes shut off - more than once. And declared mistrial(s).
12. At the manufacturer's parish, a roof scam was attempted on the parishioners - paying too much for too little. When the manufacturer informed them, they started accusing him of crazy behavior and more.
13. The Judge then attempted to have him committed to a State Mental Hospital.
Significantly, the State Psychiatrist refused to sign the
document he was asked to approve, describing
the mental state of the Manufacturer.
14. The manufacturer is an honest guy. When asked if he had made the tapes by the Judge earlier this year, he said "Yes" and was immediately convicted.
This is despite a New Hampshire law that allows him to tape under the circumstances he was in.
15. The manufacturer surrendered his guns to a relative and took care of all matters - so he thought - so as not to trip up on the laws.
16. When the manufacturer was called into court a few weeks ago, he was arrested going through the X-ray machine with a gun in his briefcase that he could not remember putting there.
17. He is sitting in jail today, a sitting duck for the very law enforcement officials involved somehow in covering up the previous acts, and for those who threatened to kill him.
They set bail at an amount his family could not afford - $ 75,000. All cash, no bond, allowed.
And it's happening right now - in New Hampshire.
If you can take back a Judgment with Prejudice and start the trial over weeks later, what kind of Justice System is that?
If you can prosecute something allowed in law, what kind of Justice is that?
And if you care only about your buddies, what kind of Justice is that?
Washington and Jefferson are rolling in their graves, New Hampshire.
And it affects ALL of us - if they can get away with it in New Hampshire, you can bet they'll try it everywhere else. It's called "precedent".
For those of you with a conscience:
If you wish to help the manufacturer - please contact his attorney. His name is Gerard Beloin and his company is Bluestone Manufacturing. His attorney is Paula Werme in New Hampshire, at:
pwerme@comcast.net
If you have any information that could help him, please contact his attorney but more importantly, the FBI.
It's clear local state officials - once again - are involved - on the scam side.
And it's clear not one state official in New Hampshire has done the right thing - yet.
Let's see, which manufacturer is next - and will get the same treatment as he?
Or rep, or supplier, or contractor, or architect or engineer, or non-complicit School Board Official or Facilities personnel?
"When governments fear people, there is liberty. When the people fear the government, there is tyranny. " - Thomas Jefferson
________________________________________________
The New Hampshire Privacy Law states:
"Much like other states, the New Hampshire Privacy Code states that public and private entities in the course and scope of employment and supported by articulable suspicion, are not limited from the "attempt to capture any type of visual image, sound recording or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity...or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business activities adversely affecting the public health or safety."
See also "New Hampshire Privacy Code - Paragraph V", the 8th post down at: http://www.roofingscam.blogspot.com/
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