Judge made final ruling on prelim today. Most charges dropped, bail reduced, Gary Michelson is not "reasonable"

Counts 1-43 are dismissed due to statute of limitations. Normally one would have four years from time of discovery of an alleged crime to file charges. One can get an extra three years if the Defendant was out of the country. Therefore the DA had seven years. The Judge ruled the start date was December 2005 when David Cohen told Gary Michelson that something was wrong. As per 803(d) the time starts when a "reasonable person should have been aware of possible fraud." The DA tried to argue that it should be from January 2007 when Andre Marten gave Gary Michelson a report which showed things were not quite right.

Judge stated "I think GM is an honorable, trusting, compassionate individual but that's not the standard. The standard is 'actual knowledge' and 'reasonable person.' There was ample evidence even if the Defendants tried to obfuscate. He should have been on notice."

Court gave State leave to amend their complaint to add the 50th claim of "conspiracy." Conspiracy would be two or more individuals who conspire to commit a criminal act and commit an overt act in furtherance of agreement. They don't actually have to commit the act. I believe the DA added this charge because they know no crime was committed. No money was stolen or lost.

They are now left with only claims 44-49 and 50 or seven charges. Judge ruled that the court believes there is sufficient cause to believe Defendants may be guilty of charges 44-50. Everyone was very relieved. Court reduced Neil's bail to$500K. Based on what I know I'm now pretty sure the DA will lose the case. They will be arraigned June 25, 2014 8:30 am room 100.

Neil's attorney spoke to Judge about settling or resolving the case. Judge said he believed it could be settled but it's not up to him. Now I'll start from the beginning because many interesting things happened today. My comments in ( ). Same key to people's abbreviations.

I got there at 1:30 pm because I was busy. The main issue again was Statute of Limitations as viewed under Zamora. JM argued that the DA did not show evidence to support that N lived out of the country for three years as per 803(d). He argued that by March 2006 a reasonable person would have had suspicions. The statute of limitations is in favor of the accused.

JM: "N would be prejudiced because things happened so long ago from 1999 to 2006. (I must say that Jonathan Michelson did a fantastic job, so did Dyke Huish and Walter Urban. The Judge even stated they did a great job lawyering the case.)

Because of length of time the evidence has been spoiled or is simply not available (banks only legally must keep records for five years). Wells Fargo admitted they received a subpoena but the records were destroyed. This is the most severe prejudice. N has no ability to get docs which show he didn't receive wired money. GM controlled all the info, data and simply waited. It was his decision. Neil's life is in jeopardy, his freedom is in jeopardy! N did not receive the wire transfers. Even Comerica Ex 54 said they don't have the records therefore while they were received by the court they carry no weight. GM and his legion of attorneys controlled all the data and gave them to the DA. GM has an axe to grind. This is scorched earth litigation. We don't know if the docs are doctored or photoshopped."

JM then shows five of Power's signatures to show how they are all very different. "How in the world is N able to defend himself? From 1999 to 2014? Even GM said 'I don't remember because it was so long ago.' This is why we have a statute of limitations. GM thinks he sent $29M to CR. He has no docs that show they (Defendants) bought it for less. There is no evidence the money was wired and used for other purposes other than buying land. There is not one shred of evidence N even received the money.

Count 1, 11/10/2000 supposedly N and P took $910K. There is no evidence. All of the deeds were not accepted as evidence (because DA forgot to get them translated into English). All the counts are the same.

Comerica number for $ wired is $28,996,000. If we add up counts 1-49 as the DA's expert did yesterday in the hallway it comes up to $33,340,943. We have a morass of numbers bouncing all over the place.

If we are intellectually honest we have a famous billionaire in LA County. He gets the attention the rest of us don't. He had lunch with DA Steve Cooley, Kirk Hazel, Captain, Chief, Asst Chief. I wouldn't get that attention, neither would a normal person who filed a complaint.

What really happened was GM is pissed off. GM is a money hungry person. He invested $29M and wanted $120M. In mediation he even said "sell it for $60M then we can all go home." If he'd sold it for $60M we would have no crime and wouldn't be here today. GM wired $29M and bought 23,000 acres. He did no effort in finding the properties, clearing them, building roads, adding culverts... He sold the land for $32M we just find out. He also got $2M from N's house."

Judge, "Did you introduce that into evidence?"

JM: "Okay, forget that. GM was trying to be cute about that issue."

K: "However GM wanted to reference N's house in Florida..." (K admits GM is quite off in stating it was GM's house)

JM: "GM has $32M and still has 2,000 acres. Did he keep the most valuable land and sell the shit? We don't know."

U: "We still have a criminal and civil case in CR which are pending. We don't know how the hard drive was obtained by CR DA. Was it obtained legally? We have no jurisdiction there. The hard drives shouldn't be used for those reasons. Jurisdiction is in CR. The case has not been proven. In a state fraud case regarding real estate commission and contract must be in writing. Gary said there was a contract but it turns out there was not. The numbers are bouncing all around. What was actually taken? Where is the evidence? We join with N in the Zamora Statute of Limitations issue."

J: "The Zamora allegation. I am very concerned. (to Knowles) Can I direct you? Don't address tolling or subject matter jurisdiction."

K. "801.5. The statute of limitations runs from the completion of the act. Ex 49-77 June 2006. May 2006 there was a request for maintenance money. N made a purchase of a car and motorcycle. There was a wire for money. It was completed June 27, 2006. GM was entitled to a fiduciary duty and the duty of a friend. P also had a fiduciary duty as he had a power of attorney to buy on behalf of C&M. Both defendants assured GM many times he was not being cheated. 12/30/2005 David Cohen discovered an issue. The discoverer has the right to rely on people with fiduciary relationship as a partner".

J: "I thought it was March 26, 2006?" (I thought same thing)

K. "It was June 21, 2006. When I filed it I picked March 2006 as safe time. Now I know the real time so I changed it to the later time (He didn't put it in amended complaint). It is the point of completion or discovery, whichever is later. January 1, 2007 Andre Martin gave a report to GM which put it over the top that the Defendants tried to obfuscate the truth. Defendants hid the truth, facts."

J: "GM should have realized there might be fraud in late 2005 (when David Cohen said something was very wrong). Please, address tolling."

K: "In deposition in Florida N admitted he left California June 15, 2009. He was arrested in Idaho where he was living. He left a residential complex with his daughter in his car when he was arrested."

J: "Florida is one thing. Idaho is another.  The standard is a 'preponderance' of the evidence. Here we have not met that burden."

K: "N was arrested months before statute of limitations if we use June 22, 2006, four years plus three takes us to June 15, 2012."

J: "JM do you wish to address the date as per 805?"

JM: "Discovery verses completion of a supposed crime. The email date K is using is not the basis of the claim. They could be talking about something in the past. We don't even know if those docs are correct. If the doc is correct, someone requested funds. There is no argument that this money was to have been used for improper purpose or siphoned off. We don't know if the $30K went to buy the Augusta motorcycle. The fact is Neil's here in a jumpsuit and GM was here in a suit. That doesn't mean Gary's in the right. 12 days ago the DA amended the complaint. They did not change the discovery date of March 26, 2006.When K concluded he said the date of count one was 2005. For counts 1, 3, 4, 5, 7, 8, 9, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 30, 33, 34, 35, 36, 37, 38, 43 they were outside of the statute of limitations. Therefore all these counts must fall by the wayside. They have not shown that crime was intentionally hidden. Count 2 began in 2003 but no evidence it closed after January 2006. Only two counts in 49 after January 1, 2006, 48 and 49.

Tolling, It was stipulated N left Cali June 15, 2009. This was filed March 22, 2012. We only stipulated to that for one hearing. A human being has been ripped from his family. We will agree to 16 months but not three years. N didn't live in Idaho."

Break

U: "Def Exh E is withdrawn."

DH: "I'd like to submit these two exhibits as illustrative aids."

K: "GM did not try to delay. 9/2007 he filed a criminal complaint in CR. It was dismissed then refiled in 2010. 2007 GM sued defendants in civil court. GM got nothing for his efforts in civil court. (GM got N's $2M home. P and N have no money. There is nothing more to get except a pound of flesh and that is what GM wants) The prejudice actually hurts prosecution more than defendants. GM did what he could, got nothing then filed this. $8M was siphoned off. In all honesty I wish GM brought it to us in 2007, 2008 or even 2009 but he didn't. The June 21, 2006 email shows they were scheming for money. They prevented real information from getting to GM. January 2007 GM finally heard the truth from Marten. This is not just bad business practice but fraud."

J: "Prosecution would be barred if 801.5 I am bound by evidence at this hearing.If N was domiciled out of state, do people have a case?"

K: "October 2010 in a deposition in Florida N told Paisley he left Cali June 2009. He was found in Idaho. Three years after they leave the state is when the statute of limitations begins to run."

J: "This has been quite a ping pong match. I'm quite impressed with the lawyering. With real good private lawyers like this I end up doubting myself."

JM: "And 1999 was the Clinton administration." (this had to do with Knowles saying he didn't even know who was President in 1999 because it was so long ago.)

K: "They siphoned off $8M."

JM: "Objection, there is absolutely no evidence as the deeds were excluded. He was not out of state for three years. They have provided no evidence of where N lived after he lost his house in Florida even though they could have. Just because he was arrested in Idaho means nothing."

Case is submitted:

"This case involves extremely complex legal issues.(The Judge is named as a Judge for extremely complex legal issues) The lawyering here has met and exceeded my expectations. I've been on the bench for 31 years and when I make my decision I know not everyone is going to be happy.

1. Subject matter jurisdiction. Calif has jurisdiction of any alleged criminal activity. It doesn't matter if there is a CR action. GM met defendants here. GM was on the phone here. It doesn't matter if there is also jurisdiction in CR.

2. 803(d). I believe a reasonable person should have been aware that something was wrong when GM's trusted advisor David Cohen told GM December 2005 that something was very wrong. GM's business advisor evaluated the situation and notified GM. I think GM is honorable, trusting, compassionate individual. That's not the standard. Actual knowledge and reasonable person is the standard. There was ample evidence even if they tried to obfuscate. He should have been on notice.

3. Tolling. 803(d) I don't accept the limitation. I accept the People's argument. Defendants did live outside California. The burden is a preponderance. People have met both burdens of proof of three years.

Counts 1-43 are dismissed. Counts 44-49 I deny dismissal. Count 50 can be added. Amended motion granted. 44-49 will sustain as true. There is sufficient cause to believe they may be guilty of counts 44-50."

DH: "I would like no bond and N to be released on his own recognizance or with a monitor and he surrenders his passport. Or $50K with a monitor, turn over passport."

J: "Bail is set at $500K." (Neil's chin started to quiver and he put his hand over his mouth and closed his eyes. Looks like he was trying not to cry. Obviously he does not have the money to bail out. Back to having to drink water out of the toilet and not being allowed to sleep, eat or shower.)

June 25, 2014 arraignment room 100 8:30 am.

DH: "Can we talk about a settlement or resolution?"

J: "I expect resolution of this case. I think this case can be resolved." (I assume they mean plea deal for N?)

____________

Here is my hypothesis for why Gary Michelson "waited" so long to file a criminal case here in California. He didn't wait. He tried to file one but was shut down by the LAPD.

Keep in mind late summer 2006 Gary Michelson tried to file a false criminal complaint against his ex-director (Complaint http://www.marycummins.com/dave_loftus_v_gary_michelson_redacted.pdf ). The LAPD investigated and found that no crime was committed. No one stole, embezzled, forged any checks, took any money. Sound familiar? GM told me, deputy mayor, Boks, everyone that Dave was charged. There is a warrant out for his arrest. He'll be arrested any day. I stupidly believed him and told GM where Dave was. After I found out the truth I apologized profusely to Dave and made sure everyone knew the truth of the matter.

LAPD detectives told me, Boks, Mayor that GM is just "crazy" and a "liar." GM may have had buyer's remorse and some personal issue with Dave but Dave did not steal a penny. In fact GM owed Dave money. Dave ended up suing GM for this SEPTEMBER 2007. GM instantly gave Dave money to settle the case. The settlement is confidential. In a criminal case if a party needs to see a confidential doc so they may have due process of law, they may see it.

GM most likely tried to file a criminal complaint against another "ex-biz partner" here in LA around the time he filed one in October 2007 in CR. I'm sure GM was shut down by the LAPD because of his past history of filing false criminal complaints against people. GM gave up on trying to file the criminal complaint for a while.

Then GM remembered the conversations he had with me and Dave. If you want a politician, government, police to do anything for you, you must give them money. I said it as matter of fact. I didn't suggest it. GM then said "how much money should I offer the Mayor to hire Boks?" Dave told him "$10M." GM told him to offer the Mayor $10M. I later said "that is bribery, you know. Generally people give campaign contributions to the legal max for each voting primary. You can't just give money." GM said "why not?" I told him about the law. He shrugged his shoulders. GM has a criminal record because he repeatedly had his dogs off leash at the beach.The law does not apply to him. He also didn't neuter or license his dogs also against the law. He also has too many dogs.

GM was also going to give money to two people involved with ADL and ALF if they'd lay off the Mayor. I told him he should not speak with these people let alone do business with them. He ended up going water skiing with them. I think the LAPD might have spoken to Gary about that at that time. I'd have to look that up in my records. Those people laid off the Mayor and dept. I believe an arrangement was made.

Back to the campaign donations to the ex DA Steve Cooley and the current DA. GM donated max to Cooley who lost. Then he donated max to Jackie Lacey who won her race for DA. Criminal charges were filed almost immediately after GM gave money to Lacey. We're talking less than a week. Coincidence? I think not. I posted all those docs earlier.

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