99% of jury instructions are copied from the Judicial Council of California.Here are the approved jury instructions for each type of crime and defendants.
http://www.courts.ca.gov/partners/documents/calcrim_juryins.pdf
The DA has stated that each defendant supposedly committed the following crimes. The number in parenthesis is the instructions paragraph number. The instructions are above. Search for the number and you will see the exact language of the instructions. For instance 401 is on page 157 in the link above.
1. Aiding and abetting (401). Someone is guilty of a crime if they were the perpetrator or they aided and abetted the perpetrator.
2. Conspiracy (416). Someone is guilty of conspiracy if two or more people agree to commit a crime. In this case that crime would be grand theft.At least one act had to have happened in California.
3. Grand theft by trick as per Calif Penal Code 487 (section 1805). The People would have to show that the defendants knowingly stole property owned by the victim.
1. If found guilty of these crimes, the People must show it was grand theft if the amount stolen was over $2.5M (3220)
2. If found guilty of these crimes, the people must show a pattern of felony behavior which resulted in the lost of $500K and involved two or more felonies.(3221)
A defendant may not be convicted of grand theft if the prosecution didn't begin with seven years of the supposed theft. Prosecution began in this case March 21, 2013. Seven years before this would be March 21, 2006. This is the regular four years then plus three because they were out of state. (3410)
Each of the five counts must be treated separately. (3515)
Jurors must judge the believe-ability of the witness. I think it's pretty clear Gary Michelson lied like crazy giving multiple stories for the same event. (226)
All of the definitions of the legal terms are in the jury instructions.
The DA had to prove each criminal act beyond a reasonable doubt. I don't think that would be possible in this case. There is very little evidence of any crime. Defendants did not take Gary's money or property. If Richard committed a crime by turning Gary Michelson's $23M into $80M, I would love for him to commit that crime against me as well.
The jury must choose a foreperson. I believe they will choose the white 30 or so year old male sitting in the back row in the middle. I think he is involved as a web designer or something. He took the most notes and speaks English as his first language. I didn't see him sleeping but I did see the others sleeping.
Jury instructions are public documents. You can see the actual jury instructions for the OJ case. I think they were transcribed minutes. Minutes are also public documents if you are willing to pay for them.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction
Dr. Gary Karlin Michelson, Found Animals Foundation, Forbes billionaire, 20 Million Minds, Alya
Dr. Gary Karlin Michelson, Found Animals Foundation, Forbes billionaire, 20 Million Minds, Alya
Showing posts with label land. Show all posts
Showing posts with label land. Show all posts
Sunday, November 2, 2014
Thoughts on Costa Rica land deeds. Why didn't they present them besides not translating them. They would prove defendants are innocent.
I've been doing some research on Powers' case both in the civil and criminal here in Los Angeles and something didn't make a lot of sense to me. All through the civil case and the criminal case Michelson keeps saying he sent the money down to Powers in advance to buy the properties. Powers says he paid for the properties first then "flipped" them to Michelson and made a profit. It seems that if there was a crime against Michelson the D.A. only needed to do a couple of things to prove it. It's so easy to figure out.
First one must make a timeline between when Michelson sent 100% of the money down for a particular property #. Not just the deposit for the option but actually paid for the property and had it entered in the Costa Rican registry. That would give the exact date the property was actually registered. Now get the exact date Michelson sent the balance of the funds down to pay for the property. Now you should have two dates, probably within days of each other. Now I understand Powers bought his properties and put them in many different corporations, in fact he created a separate corporation for each purchase if I understand that correctly. In the registry there will be a date when Mr. Powers purchased that property and it was registered in his corporation name. Now look at the date Mr. Powers' company purchased the property, look at the date of Michelson's wire for that particular property and look at the date when the property was registered to Michelson which is actually in his company name of C & M for Campbell/Michelson.
So the first thing you could prove by doing this is that Powers in fact either got the money from Michelson before Michelson purchased the property or Powers got the money after Powers owned the property and sold to Michelson. Since Michelson was actually the "Manager" of C & M, Powers needed a P.O.A. from Michelson in order to sell the property to Michelson and transfer it to his Company, C & M. This would give you another date. Are you still with me there people?? I know its confusing. That's the first thing the D.A. really needed to prove. But they didn't. Why? I'll get back to that in a minute.
Now the next thing they needed to prove is how much did Mr. Powers buy the properties for? They know how much he sold it for to Michelson. There's a ton of documents showing that. The problem with Costa Rica registration process is that you don't have disclose to the registry the amount you actually pay for the property so everyone reports a much lesser amount, usually 10% of what you actually paid for the property. This explains why Michelson in his early Civil lawsuits against Powers and other amended civil and criminal complaints, claims that Powers marked up the properties a 1,000 % or 870% as I saw in one document.
So that means if Powers bought a 100 acre farm for $100,000 he might report that he paid $10,000 or 10% of the actual value. This saves taxes for both the buyer and seller. So I'm thinking this would have been perfect for Mr. Knowles to use the Costa Rican registry numbers to bury Mr. Powers. But he didn't. Why? Knowles had the C.R. deeds since 2012 or the latest sometime in 2013. It didn't make any sense to me for a long time. During the prelims Knowles, had come to court with a stack 2 feet high with all the Costa Rican registry records showing a price and date when Mr. Powers purchased those properties. Judge Pastor asked Knowles, "are those documents translated in English". "No, not yet", was the reply from Knowles. "Then I won't allow them", said Judge Pastor.
OK, that would have been an expensive undertaking to translate deeds from 140 properties pertaining to all the counts, but then at the end of the Prelims, Judge Pastor dismisses 134 of the counts leaving only 6 counts. There were in these 6 counts about 24 properties left. Now Knowles spends hundreds of thousands bringing people up from Costa Rica to testify on some computers but he won't spend about $1,000 to have all these documents translated into English. Only 24 properties now. That just doesn't make any sense.
OK, so now Knowles has 2 months to get ready for trial. So you'd think he'd go and get these Deeds translated and submit them to the court for trial. They show up for trial on or about Aug. 25th in front of Judge Kathleen Kennedy and not only does he not have the Deeds translated but he isn't ready. So the Judge dismisses the case in it's entirety. Now there's a rule in Calif. if a case is dismissed for any reason, the D.A. has one opportunity to refile. So he did, within minutes of it being dismissed and a new trial is set with a window of 2 months. Again, Knowles has this opportunity to get those Deeds translated, but he doesn't. Why? It doesn't make sense. I mean he could tear Powers' story apart, especially with the low value associated with the C.R. registry. It would have made Powers look like he made $20 million dollars or more on a $25 million dollar sale. So why not use that, unless what Powers has been saying all along was true, that he did purchase those properties with his own money and then flipped it to Michelson.
I'll bet what happened is Knowles got the 2 foot thick binder of deeds from the Costa Rican registry and had a Spanish translator start writing the dates down as to when each property was purchased by Powers and registered in his company name. Then they looked at Michelson's wire transfers to Mr. Powers' bank, corresponding to the property number and discovered on every transaction, Michelson's money to purchase the property offered by Powers actually came after Mr. Powers already had cleared title and was actual owner of said property. They knew then Michelson was lying. This would have and should have ended the case right there in its tracks. But because of Michelson's political pressure, Knowles had to manufacture another way in order to try and prove Powers was an employee of Michelson's and that he was paid a salary of $1,000 per month and that Powers skimmed $ off the top of the sales. But since it made no real sense, Michelson came up with a fantastic story that Powers actually agreed to these terms orally:
Michelson: "I will send you all the money up front to buy that property, you just add 6% to the cost and with that 6% you pay all your other brokers, expenses, closing fees, property surveys, legal fees, taxes etc. and you can keep what's left over". WOW, what a generous offer that must have been. Powers would have had to pay for the privilege of selling properties out of his own pocket to Michelson. No wonder it was only oral and no document of that 6% was ever found. Because it never HAPPENED people. The C.R. closing fees total up to almost 3 1/2 % according to Michelson's testimony in this trial, then you have survey fees, who knows what that is then you have taxes and who knows what else if you don't have other brokers to pay.
Anyway it makes sense now why Knowles shows up to trial with no registered documents from the Costa Rican registry. He HAD them, he didn't use them because it Proved Powers' case was a Malicious, Frivolous, abuse of process case, entered in by corrupt D.A.'s and Politicians. It proved Michelson was a liar and his top supporter, Steven Cooley would have been very embarrassed if he would have to say to Jackie Lacey, "Oh gee Jackie, uh, I think we made a mistake on the Powers/Campbell case. We need to drop it", "OH shit Steve, I just released a "Press Release" saying we just captured Mr. Campbell, Powers' co-conspirator for stealing $28M Dollars". "Well Michelson is a liar", "well, that's too bad, we're not dropping this case, so figure out what we need to do to prosecute these guys otherwise both our heads are gonna roll, I JUST GOT ELECTED" Notice they removed that Press Release from their list of PRs on their website. I had to point Google to the DA's site to search their files for me. That is totally legal. If they have anything private, it's their job to password protect it.
They are all going to be caught and a few Political careers are going to be over as well as some jobs at the top. I wouldn't be surprised if Mr. Knowles will be retiring at the end of next week. I'm sure Michelson will be putting pressure to get him fired after his performance on Friday. Wonder if Cooley is still a friend of his. I would think Cooley would want to distance himself as far away as possible from Michelson.
So it all makes sense now. Powers registered deeds prove he owned the properties before any of Michelson's money ever went to C.R. That's why the D.A. never used those documents or tried to get them translated and entered into court, it would have proved Powers never did anything wrong and there would be no case, period. I posted the link to the CR land registry here before. It's online in CR Spanish. Anyone can look and search.
After this is all over I'm sure there will be a book about this. I'm sure Neil and Richard could tell everyone some pretty interesting stories.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction
First one must make a timeline between when Michelson sent 100% of the money down for a particular property #. Not just the deposit for the option but actually paid for the property and had it entered in the Costa Rican registry. That would give the exact date the property was actually registered. Now get the exact date Michelson sent the balance of the funds down to pay for the property. Now you should have two dates, probably within days of each other. Now I understand Powers bought his properties and put them in many different corporations, in fact he created a separate corporation for each purchase if I understand that correctly. In the registry there will be a date when Mr. Powers purchased that property and it was registered in his corporation name. Now look at the date Mr. Powers' company purchased the property, look at the date of Michelson's wire for that particular property and look at the date when the property was registered to Michelson which is actually in his company name of C & M for Campbell/Michelson.
So the first thing you could prove by doing this is that Powers in fact either got the money from Michelson before Michelson purchased the property or Powers got the money after Powers owned the property and sold to Michelson. Since Michelson was actually the "Manager" of C & M, Powers needed a P.O.A. from Michelson in order to sell the property to Michelson and transfer it to his Company, C & M. This would give you another date. Are you still with me there people?? I know its confusing. That's the first thing the D.A. really needed to prove. But they didn't. Why? I'll get back to that in a minute.
Now the next thing they needed to prove is how much did Mr. Powers buy the properties for? They know how much he sold it for to Michelson. There's a ton of documents showing that. The problem with Costa Rica registration process is that you don't have disclose to the registry the amount you actually pay for the property so everyone reports a much lesser amount, usually 10% of what you actually paid for the property. This explains why Michelson in his early Civil lawsuits against Powers and other amended civil and criminal complaints, claims that Powers marked up the properties a 1,000 % or 870% as I saw in one document.
So that means if Powers bought a 100 acre farm for $100,000 he might report that he paid $10,000 or 10% of the actual value. This saves taxes for both the buyer and seller. So I'm thinking this would have been perfect for Mr. Knowles to use the Costa Rican registry numbers to bury Mr. Powers. But he didn't. Why? Knowles had the C.R. deeds since 2012 or the latest sometime in 2013. It didn't make any sense to me for a long time. During the prelims Knowles, had come to court with a stack 2 feet high with all the Costa Rican registry records showing a price and date when Mr. Powers purchased those properties. Judge Pastor asked Knowles, "are those documents translated in English". "No, not yet", was the reply from Knowles. "Then I won't allow them", said Judge Pastor.
OK, that would have been an expensive undertaking to translate deeds from 140 properties pertaining to all the counts, but then at the end of the Prelims, Judge Pastor dismisses 134 of the counts leaving only 6 counts. There were in these 6 counts about 24 properties left. Now Knowles spends hundreds of thousands bringing people up from Costa Rica to testify on some computers but he won't spend about $1,000 to have all these documents translated into English. Only 24 properties now. That just doesn't make any sense.
OK, so now Knowles has 2 months to get ready for trial. So you'd think he'd go and get these Deeds translated and submit them to the court for trial. They show up for trial on or about Aug. 25th in front of Judge Kathleen Kennedy and not only does he not have the Deeds translated but he isn't ready. So the Judge dismisses the case in it's entirety. Now there's a rule in Calif. if a case is dismissed for any reason, the D.A. has one opportunity to refile. So he did, within minutes of it being dismissed and a new trial is set with a window of 2 months. Again, Knowles has this opportunity to get those Deeds translated, but he doesn't. Why? It doesn't make sense. I mean he could tear Powers' story apart, especially with the low value associated with the C.R. registry. It would have made Powers look like he made $20 million dollars or more on a $25 million dollar sale. So why not use that, unless what Powers has been saying all along was true, that he did purchase those properties with his own money and then flipped it to Michelson.
I'll bet what happened is Knowles got the 2 foot thick binder of deeds from the Costa Rican registry and had a Spanish translator start writing the dates down as to when each property was purchased by Powers and registered in his company name. Then they looked at Michelson's wire transfers to Mr. Powers' bank, corresponding to the property number and discovered on every transaction, Michelson's money to purchase the property offered by Powers actually came after Mr. Powers already had cleared title and was actual owner of said property. They knew then Michelson was lying. This would have and should have ended the case right there in its tracks. But because of Michelson's political pressure, Knowles had to manufacture another way in order to try and prove Powers was an employee of Michelson's and that he was paid a salary of $1,000 per month and that Powers skimmed $ off the top of the sales. But since it made no real sense, Michelson came up with a fantastic story that Powers actually agreed to these terms orally:
Michelson: "I will send you all the money up front to buy that property, you just add 6% to the cost and with that 6% you pay all your other brokers, expenses, closing fees, property surveys, legal fees, taxes etc. and you can keep what's left over". WOW, what a generous offer that must have been. Powers would have had to pay for the privilege of selling properties out of his own pocket to Michelson. No wonder it was only oral and no document of that 6% was ever found. Because it never HAPPENED people. The C.R. closing fees total up to almost 3 1/2 % according to Michelson's testimony in this trial, then you have survey fees, who knows what that is then you have taxes and who knows what else if you don't have other brokers to pay.
Anyway it makes sense now why Knowles shows up to trial with no registered documents from the Costa Rican registry. He HAD them, he didn't use them because it Proved Powers' case was a Malicious, Frivolous, abuse of process case, entered in by corrupt D.A.'s and Politicians. It proved Michelson was a liar and his top supporter, Steven Cooley would have been very embarrassed if he would have to say to Jackie Lacey, "Oh gee Jackie, uh, I think we made a mistake on the Powers/Campbell case. We need to drop it", "OH shit Steve, I just released a "Press Release" saying we just captured Mr. Campbell, Powers' co-conspirator for stealing $28M Dollars". "Well Michelson is a liar", "well, that's too bad, we're not dropping this case, so figure out what we need to do to prosecute these guys otherwise both our heads are gonna roll, I JUST GOT ELECTED" Notice they removed that Press Release from their list of PRs on their website. I had to point Google to the DA's site to search their files for me. That is totally legal. If they have anything private, it's their job to password protect it.
They are all going to be caught and a few Political careers are going to be over as well as some jobs at the top. I wouldn't be surprised if Mr. Knowles will be retiring at the end of next week. I'm sure Michelson will be putting pressure to get him fired after his performance on Friday. Wonder if Cooley is still a friend of his. I would think Cooley would want to distance himself as far away as possible from Michelson.
So it all makes sense now. Powers registered deeds prove he owned the properties before any of Michelson's money ever went to C.R. That's why the D.A. never used those documents or tried to get them translated and entered into court, it would have proved Powers never did anything wrong and there would be no case, period. I posted the link to the CR land registry here before. It's online in CR Spanish. Anyone can look and search.
After this is all over I'm sure there will be a book about this. I'm sure Neil and Richard could tell everyone some pretty interesting stories.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction
Sunday, July 27, 2014
Gary Michelson, 995 filing, People's reply, upcoming hearing, Forbes, billionaire
The DA filed a motion to add back charges 1-43. Defendants filed a 995 motion to dismiss all the charges. Below is definition of 995 in link.
http://www.joedane.com/criminal-procedure/motion-to-dismiss-a-felony-penal-code-section-995/
The basis of the motion is (1) statute of limitations has run which makes it impossible for defendants to obtain documents which would prove their innocence. (2) DA provided no evidence that defendants committed a crime in the remaining counts. DA state Defendant Powers offered him a property at a price, Gary agreed, bought the property and received it. DA did not show that defendants stole the money, did not buy the property or did not give the property to Gary. Gary just bought property for a price. (3) DA also did not prove defendants committed crimes in dismissed counts 1-43 for same reason. (4) DA did not prove Neil was out of state for three years. He was out of state 16 months at the most. (5) Bank records were inadmissible because they cannot be authenticated and there was no evidence for chain of custody. (6) Defendants have a right to a fair trial free from undue prejudice. The delay in this case is extreme prejudice.
Robert Knowles the DA for the People filed a reply and defendants filed a reply. That motion and replies were supposed to be heard July 24, 2014. Somehow defendants' reply to the people was missing so Judge postponed the hearing to August 7, 2014 court S121.
Robert Knowles in his reply makes statements of supposed facts that are not true or not based on any evidence. He even misquotes the Judge. There was never an agreement about a six percent commission in writing or orally. Robert Knowles states there was. Defendants have asked the Judge to strike portions of Knowles' reply for this reason.
The basis of Knowles' reply is that the Judge used the wrong burden of proof for statute of limitations. Judge Pastor ruled that the burden of proof is a "preponderance of the evidence." Knowles states at a preliminary hearing the burden of proof is "probable cause." Knowles also argues about the time Michelson "discovered the possible crime." Knowles states that Gary did not discover the crime until January 2007 at the earliest when he read Martine's report and October 2008 when he learned Neil was receiving money.
Defendants replied that (1) Knowles did not prove the Judge used the wrong standard of proof as it relates to tolling. (2) Defense showed and Judge ruled that a reasonable person would have been on notice December 2005. (3) Gary was on notice and admitted he knew something was wrong in 2005.That is when Cohen told him something might be up. It doesn't matter legally that Neil was his partner and assured him otherwise. (4) DA did not show each element that a crime was committed. DA merely showed unauthenticated emails between defendants. DA did not show that Gary gave them money, they kept the money, did not buy land or did not give land to Gary.
Defense stated that Gary is just out for a pound of flesh. Gary intentionally delayed reporting this situation to the LAPD and DA so that Defendents would not be able to subpoena any documents which would prove their innocence. Gary used his money to influence the DA Steve Cooley and the DA's office again mentioning the personal meetings and lunch. I agree. Based on what I read I think the charges should be dismissed as per statute of limitations, inadmissible evidence and no elements of an actual crime were shown.
A note on statute of limitations. There is a statute of limitations for filing a criminal suit for fraud, theft of four years. The People, State must file a complaint against the defendant within four years of the victim realizing that a crime may have been committed. The State gets an extra three years if the defendant was out of the state for three years for a total of seven years.
The evidence issue is different. Banks must keep bank records for five years. Some banks keep them longer. In this case they kept them seven years. This seven years has nothing to do with the seven year statute of limitation just to be clear. These are two separate issues. It is now physically impossible for defendants to get any bank records to prove their innocence. The only bank records anyone has are inadmissible as they cannot be authenticated and chain of custody is nonexistent. The purpose of the statute of limitations is for this reason. The longer you wait to file a complaint, the less evidence, fewer witnesses and memories fade. In this case what evidence does exist cannot be verified making it inadmissible.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction
http://www.joedane.com/criminal-procedure/motion-to-dismiss-a-felony-penal-code-section-995/
The basis of the motion is (1) statute of limitations has run which makes it impossible for defendants to obtain documents which would prove their innocence. (2) DA provided no evidence that defendants committed a crime in the remaining counts. DA state Defendant Powers offered him a property at a price, Gary agreed, bought the property and received it. DA did not show that defendants stole the money, did not buy the property or did not give the property to Gary. Gary just bought property for a price. (3) DA also did not prove defendants committed crimes in dismissed counts 1-43 for same reason. (4) DA did not prove Neil was out of state for three years. He was out of state 16 months at the most. (5) Bank records were inadmissible because they cannot be authenticated and there was no evidence for chain of custody. (6) Defendants have a right to a fair trial free from undue prejudice. The delay in this case is extreme prejudice.
Robert Knowles the DA for the People filed a reply and defendants filed a reply. That motion and replies were supposed to be heard July 24, 2014. Somehow defendants' reply to the people was missing so Judge postponed the hearing to August 7, 2014 court S121.
Robert Knowles in his reply makes statements of supposed facts that are not true or not based on any evidence. He even misquotes the Judge. There was never an agreement about a six percent commission in writing or orally. Robert Knowles states there was. Defendants have asked the Judge to strike portions of Knowles' reply for this reason.
The basis of Knowles' reply is that the Judge used the wrong burden of proof for statute of limitations. Judge Pastor ruled that the burden of proof is a "preponderance of the evidence." Knowles states at a preliminary hearing the burden of proof is "probable cause." Knowles also argues about the time Michelson "discovered the possible crime." Knowles states that Gary did not discover the crime until January 2007 at the earliest when he read Martine's report and October 2008 when he learned Neil was receiving money.
Defendants replied that (1) Knowles did not prove the Judge used the wrong standard of proof as it relates to tolling. (2) Defense showed and Judge ruled that a reasonable person would have been on notice December 2005. (3) Gary was on notice and admitted he knew something was wrong in 2005.That is when Cohen told him something might be up. It doesn't matter legally that Neil was his partner and assured him otherwise. (4) DA did not show each element that a crime was committed. DA merely showed unauthenticated emails between defendants. DA did not show that Gary gave them money, they kept the money, did not buy land or did not give land to Gary.
Defense stated that Gary is just out for a pound of flesh. Gary intentionally delayed reporting this situation to the LAPD and DA so that Defendents would not be able to subpoena any documents which would prove their innocence. Gary used his money to influence the DA Steve Cooley and the DA's office again mentioning the personal meetings and lunch. I agree. Based on what I read I think the charges should be dismissed as per statute of limitations, inadmissible evidence and no elements of an actual crime were shown.
A note on statute of limitations. There is a statute of limitations for filing a criminal suit for fraud, theft of four years. The People, State must file a complaint against the defendant within four years of the victim realizing that a crime may have been committed. The State gets an extra three years if the defendant was out of the state for three years for a total of seven years.
The evidence issue is different. Banks must keep bank records for five years. Some banks keep them longer. In this case they kept them seven years. This seven years has nothing to do with the seven year statute of limitation just to be clear. These are two separate issues. It is now physically impossible for defendants to get any bank records to prove their innocence. The only bank records anyone has are inadmissible as they cannot be authenticated and chain of custody is nonexistent. The purpose of the statute of limitations is for this reason. The longer you wait to file a complaint, the less evidence, fewer witnesses and memories fade. In this case what evidence does exist cannot be verified making it inadmissible.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction
Tuesday, June 10, 2014
June 10, 2014 pre-trial hearing notes. DA Knowles makes a big mistake. Gary Michelson, Forbes, billionaire, perjury
Scott Cooper a forensic computer expert testified as to the computers taken in the raid of Richard's house in Costa Rica. For some reason the first copy of the hard drive was corrupted so they had to ask the Costa Rican DA for another copy. This is where I believe they may have retrieved some emails. The second copy of the hard drive was readable.
This next bit is pretty big. Robert Knowles forgot to translate the Costa Rican land deeds from Spanish into English. He tried to submit them in original Spanish but was denied. Knowles stated he thought he could submit these in the prelim then translate them for the trial. Judge told Knowles he had a year to translate them and should have done it. Judge refused to accept the Spanish deeds.
Without the deeds, I don't think there is a case. While Knowles was rather methodical submitting the wire transfers and faxes, he made a big mistake here. The Defense had no problem getting the Costa Rican hearing minutes properly transcribed from Spanish to English. Why couldn't the prosecution with all their money, translators get the deeds translated? I will say that Costa Rican Spanish is very different than American Spanish, Mexican Spanish, or Spain Spanish. I had difficulty searching the Costa Rican real estate website and I speak American, Mexican and Spain Spanish though I have difficulties with Catalan Spanish.
All in all the DA's case so far is getting weaker by the day though prosecution has not yet finished. Defense will soon start their presentation of witnesses and evidence. I wish I could see Neil's contract so I could see if his actions violated a fiduciary duty or not. As to Richard Powers he looks innocent to me. There was never a 6% commission and no money was lost. Gary Michelson made money. As Gary made money I don't know how Neil could be guilty either.
Again the purpose of the pre-trial is to determine if there is enough evidence of a crime to proceed to a full trial. So far I don't see it but I don't know what level of proof is needed. Below is the outline of the pretrial.
"The government must demonstrate to a judge or magistrate that there is sufficient evidence, or probable cause, to believe the suspect committed the crime with which he or she is charged.
Defendants usually must be present at this hearing, although they do not commonly offer evidence in their defense. This procedure has a similar function to grand jury proceedings, in that it is a safeguard against unfettered government action.
If the court finds there is no probable cause, the matter is dismissed (this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released.
If the court finds there is probable cause, the matter is transferred to trial court. Many courts use the term bound over, as "the defendant is bound over to the district or circuit court for trial."
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction
This next bit is pretty big. Robert Knowles forgot to translate the Costa Rican land deeds from Spanish into English. He tried to submit them in original Spanish but was denied. Knowles stated he thought he could submit these in the prelim then translate them for the trial. Judge told Knowles he had a year to translate them and should have done it. Judge refused to accept the Spanish deeds.
Without the deeds, I don't think there is a case. While Knowles was rather methodical submitting the wire transfers and faxes, he made a big mistake here. The Defense had no problem getting the Costa Rican hearing minutes properly transcribed from Spanish to English. Why couldn't the prosecution with all their money, translators get the deeds translated? I will say that Costa Rican Spanish is very different than American Spanish, Mexican Spanish, or Spain Spanish. I had difficulty searching the Costa Rican real estate website and I speak American, Mexican and Spain Spanish though I have difficulties with Catalan Spanish.
All in all the DA's case so far is getting weaker by the day though prosecution has not yet finished. Defense will soon start their presentation of witnesses and evidence. I wish I could see Neil's contract so I could see if his actions violated a fiduciary duty or not. As to Richard Powers he looks innocent to me. There was never a 6% commission and no money was lost. Gary Michelson made money. As Gary made money I don't know how Neil could be guilty either.
Again the purpose of the pre-trial is to determine if there is enough evidence of a crime to proceed to a full trial. So far I don't see it but I don't know what level of proof is needed. Below is the outline of the pretrial.
"The government must demonstrate to a judge or magistrate that there is sufficient evidence, or probable cause, to believe the suspect committed the crime with which he or she is charged.
Defendants usually must be present at this hearing, although they do not commonly offer evidence in their defense. This procedure has a similar function to grand jury proceedings, in that it is a safeguard against unfettered government action.
If the court finds there is no probable cause, the matter is dismissed (this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released.
If the court finds there is probable cause, the matter is transferred to trial court. Many courts use the term bound over, as "the defendant is bound over to the district or circuit court for trial."
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction
Thursday, January 30, 2014
Gary Michelson v Neil Campbell - Preliminary hearing in criminal fraud case BA40922502
They seem to have filed the case based on what Gary Michelson told them alone. There was no fraud or loss of any money. I of course have no idea what evidence was submitted as there's no way I can access it. I'm going based on what I've seen in civil case documents and the case in Costa Rica.
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| Gary Michelson, criminal, process, Forbes, billionaire |
In order for this case to go beyond a preliminary hearing to a full criminal trial the prosecutor Robert Knowles (?) will have to show the Judge there is enough evidence to require a trial. In the United States, the judge must find there is probable cause that a crime was committed.
Even though I went through the police academy I know very little about criminal law so I had to look this up. "Preliminary hearings, often referred to as "prelims," require the prosecutor to show enough credible evidence to a judge to convince that judge to send the case on to trial." More info here
http://www.nolo.com/legal-encyclopedia/all-about-preliminary-hearings-or-prelims.html
http://www.nolo.com/legal-encyclopedia/all-about-preliminary-hearings-or-prelims.html
I can't access the criminal docket or motions filed like I can with civil. I'm still trying to figure this out. I only know when there are hearing for Neil because it's on his inmate page here.
Put in name "Neil Campbell" and you can see his hearings. Unfortunately it doesn't say what the hearings are for so I have to go to the actual hearing. I try to time it so I can get my mail at the same time so I don't waste gas.
The question now is if the DA will be able to show the judge there is enough evidence to show that a crime may have been committed and the evidence could withstand a trial. I believe if a Judge were fair the Judge would realize there is no evidence of a crime. Judge can't just believe Gary Michelson who is a known pathological liar who has committed perjury. He perjured himself like crazy in my case and I have proof. He also lied about Dave L and filed a false criminal complaint against him. LAPD told me, Boks, Dave, Gary... that there was no fraud, theft or embezzlement. LAPD detectives said Gary was just crazy and made it all up. Even after LAPD told Gary there was no crime Gary kept telling everyone the LAPD would arrest Dave any day. That is really mental illness.
Of course if the Judge is corrupt which happens all the time Neil and Philip could lose the preliminary trial even if their lawyers showed there is not enough evidence of any fraud or theft. I believe the DA has been changing judges in this case. Judge Korn was fair with Philip in his bail hearing. Now she's gone. The DA of course has ins with the Judges. They both work for the County and are basically on the same side. This of course makes justice somewhat difficult for people. It makes it even more difficult when you have billionaire Gary Michelson giving money to the DAs office and County. Gary Michelson gave 1,000,000 microchips to Los Angeles County Animal Control. He gave $160,000 to the City of Los Angeles animal services. As I look at it Gary Michelson ONLY gave a total of $160,000 to the City of LA. Any donation over $20,000 must be approved and that is the only approved donation.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust
Saturday, October 19, 2013
Neil Campbell, Philip Powers were doing well before they met Gary Michelson
People seem to be under the false impression that Neil and Philip made all their money off Gary. That is not true. Neil had nice homes in Manhattan Beach before he met Gary, so did Philip. They had nice cars and such before they met Gary. Philip was selling land in Costa Rica before he met Gary. His clients were making a minimum of 15% a year on these investments. They were very happy to buy the land from Philip. Neil and Philip had luxury cars before they met Michelson. Philip had been in the exotic car business for years buying, selling, transporting expensive exotic cars. Neil introduced Philip to Michelson so Michelson could make money. Michelson made money.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust
Monday, September 30, 2013
Dr. Gary Michelson does not understand basic theory of value. I will explain.
I have been a real estate appraiser, broker, expert witness for 30 years. Everyone knows that market value is what a willing seller will sell a property for and what a willing buyer will pay for the property. I will try to make this as simple as possible. I've had to explain exactly this to some of my clients.
A man bought a house for $10K years ago. He sells it to his son for $20K. Few years later his son sells it to someone else for $50K. What is the property worth? It was worth $10K, $20K and $50K respectively at those times. Did the son rip off his dad? No. Did the final buyer rip off the son? No. These are the prices they agreed to sell and buy at.
Dr. Gary Michelson tells Philip he wants land to plant teak farms. They must meet his certain strict requirements. Philip goes and procures the land then makes sure the land meets Gary's requirements. Philip offers the land at a certain price to Gary. Gary's appraisers, lawyers look at the land and estimate it's value. Gary then agrees to buy the land or not at that price or another that he offers. That was a fair land sales as buyer and seller agreed to the price after doing their due diligence.
This is where Gary doesn't understand and thinks everyone is trying to rip him off. Philip is a land dealer. He is not going to spend his time looking for land, hunting down owners, making offers, buying the property, clearing title...unless he will make a profit. When I was in sales this is how it works. I would flip buildings for profit. I wouldn't do it to make money for the ultimate buyer. That would be stupid.
Let's say Philip buys a piece of land for $100K. He invests money into the land, works and prepares the land and offers it to Gary for $150K. Gary's appraisers, lawyers look at it and say it's a good deal at $150K. It's probably worth more than that. Gary buys the land.
Years later Gary finds out that Philip bought the land for $100K. Gary thinks he's been ripped off. Gary thinks he deserves the profit that Philip made. Gary stupidly thinks at most Philip should only get 6% max commission which is US residential sales commission for residential property. When I sold income property in Cocaine Alley, Ingle-watts, I got minimum 10%. It's a lot more work. Buying a home in the US is very different than buying rural pasture land from villagers in Costa Rica. Philip used his expertise, time, money, language skills, connections, years of experience to buy the land at a price. Gary is not legally entitled to the profit of another or the supposed "bargain value." This is how Gary lost that appeal on the real estate deal on La Cienega. Judge ruled Gary is not entitled to "loss of a bargain." Gary was just an idiot for bidding the loan value and costs at a foreclosure sale. He was the first. He didn't even have to bid at all. He still would have been covered. Whoever told him to bid over his first is an idiot.
Back to Costa Rica. Gary thinks he was ripped off. He wants the profits that Philip made. If Gary wants to make all the profits he should learn Spanish and fly his ass to the dangerous grazing lands of Costa Rica. I doubt these people would even speak to gringo Gary. They'd probably shoot him on site. Gary doesn't take into consideration the risk Philip took buying the land, spending his time and money preparing it to offer to Gary. It's quite possible Philip got stuck with some land that Gary didn't want. Even if Gary could buy the land direct he wouldn't know how to clear title or plant trees. He also wouldn't know how to hire security so people don't steal the trees. When I was in Belize this was a big problem. They'd come at night and steal hardwood trees. They'd also poach the wildlife to eat or sell as pets.
Here's another scenario to show you how crazy this is. Let's say Philip paid $100K for the land. A week earlier someone heard Philip was coming to town to buy land. They bought the land from the villagers for $50K. They think it's just grazing land. They don't know it's suitable for teak farming. Philip then pays $100K for the land. Maybe Gary should sue those people for "loss of a bargain?"
Here's one last scenario to show how absolutely, totally crazy this is. Philip buys the land for 100K. He sells it to Gary for $150K. Few years go by. Gary finds out Philip made a profit. Duh, he's a land dealer. That's what he does. Philip then offers to buy the land back for what he sold it to Gary for, i.e. $150K. Gary then asks his appraisers, lawyers if this is a good deal. They tell Gary "the land is now worth $200K. You made money. You didn't lose a dime." Other people offer Gary even more money for the land. Gary chooses not to sell at an even higher price. Gary probably thinks Philip is trying to rip him off again by "only" offering $150K.
Gary with help from his advisors agreed to buy the land at $150K. It's now worth $200K. Gary decides not to sell the land at $200K. Nobody got ripped off. Philip made Gary money. He should be thanking him instead of suing him. Who the hell cares what Philip or the previous owner paid for the land. I would not care if Philip bought the land for a pack of cigarettes and sold it to me for $150K when it's worth $200K. I would beg Philip to set me up with these deals all day long. I might even instantly sell the land for $200K to someone else and just keep the profits. Should Philip sue me for "loss of profit?" No. It's about making money. It doesn't matter what someone else paid for the property. Remember the Dutch in 1626 bought Manhattan Island from the Indians for $12 in trinkets. Indians thought it was a good deal and agreed to sell. Fair sale.
I'd have clients see what the previous owner paid on title docs and they'd refuse to pay more than a couple of dollars more. They'd lose the deal and someone else would end up buying the property for a great price. Someone needs to sit Gary down and teach him the basics. Doctors really are the worst investors. They think because they are doctors they are smart and know everything. They may know medicine but they don't know real estate or investments as Gary has clearly demonstrated. I hope Philip sues the shit out of Gary when this is done. Gary did worse to Philip than he did to Dave and Dave got a nice settlement I hear.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust
A man bought a house for $10K years ago. He sells it to his son for $20K. Few years later his son sells it to someone else for $50K. What is the property worth? It was worth $10K, $20K and $50K respectively at those times. Did the son rip off his dad? No. Did the final buyer rip off the son? No. These are the prices they agreed to sell and buy at.
Dr. Gary Michelson tells Philip he wants land to plant teak farms. They must meet his certain strict requirements. Philip goes and procures the land then makes sure the land meets Gary's requirements. Philip offers the land at a certain price to Gary. Gary's appraisers, lawyers look at the land and estimate it's value. Gary then agrees to buy the land or not at that price or another that he offers. That was a fair land sales as buyer and seller agreed to the price after doing their due diligence.
This is where Gary doesn't understand and thinks everyone is trying to rip him off. Philip is a land dealer. He is not going to spend his time looking for land, hunting down owners, making offers, buying the property, clearing title...unless he will make a profit. When I was in sales this is how it works. I would flip buildings for profit. I wouldn't do it to make money for the ultimate buyer. That would be stupid.
Let's say Philip buys a piece of land for $100K. He invests money into the land, works and prepares the land and offers it to Gary for $150K. Gary's appraisers, lawyers look at it and say it's a good deal at $150K. It's probably worth more than that. Gary buys the land.
Years later Gary finds out that Philip bought the land for $100K. Gary thinks he's been ripped off. Gary thinks he deserves the profit that Philip made. Gary stupidly thinks at most Philip should only get 6% max commission which is US residential sales commission for residential property. When I sold income property in Cocaine Alley, Ingle-watts, I got minimum 10%. It's a lot more work. Buying a home in the US is very different than buying rural pasture land from villagers in Costa Rica. Philip used his expertise, time, money, language skills, connections, years of experience to buy the land at a price. Gary is not legally entitled to the profit of another or the supposed "bargain value." This is how Gary lost that appeal on the real estate deal on La Cienega. Judge ruled Gary is not entitled to "loss of a bargain." Gary was just an idiot for bidding the loan value and costs at a foreclosure sale. He was the first. He didn't even have to bid at all. He still would have been covered. Whoever told him to bid over his first is an idiot.
Back to Costa Rica. Gary thinks he was ripped off. He wants the profits that Philip made. If Gary wants to make all the profits he should learn Spanish and fly his ass to the dangerous grazing lands of Costa Rica. I doubt these people would even speak to gringo Gary. They'd probably shoot him on site. Gary doesn't take into consideration the risk Philip took buying the land, spending his time and money preparing it to offer to Gary. It's quite possible Philip got stuck with some land that Gary didn't want. Even if Gary could buy the land direct he wouldn't know how to clear title or plant trees. He also wouldn't know how to hire security so people don't steal the trees. When I was in Belize this was a big problem. They'd come at night and steal hardwood trees. They'd also poach the wildlife to eat or sell as pets.
Here's another scenario to show you how crazy this is. Let's say Philip paid $100K for the land. A week earlier someone heard Philip was coming to town to buy land. They bought the land from the villagers for $50K. They think it's just grazing land. They don't know it's suitable for teak farming. Philip then pays $100K for the land. Maybe Gary should sue those people for "loss of a bargain?"
Here's one last scenario to show how absolutely, totally crazy this is. Philip buys the land for 100K. He sells it to Gary for $150K. Few years go by. Gary finds out Philip made a profit. Duh, he's a land dealer. That's what he does. Philip then offers to buy the land back for what he sold it to Gary for, i.e. $150K. Gary then asks his appraisers, lawyers if this is a good deal. They tell Gary "the land is now worth $200K. You made money. You didn't lose a dime." Other people offer Gary even more money for the land. Gary chooses not to sell at an even higher price. Gary probably thinks Philip is trying to rip him off again by "only" offering $150K.
Gary with help from his advisors agreed to buy the land at $150K. It's now worth $200K. Gary decides not to sell the land at $200K. Nobody got ripped off. Philip made Gary money. He should be thanking him instead of suing him. Who the hell cares what Philip or the previous owner paid for the land. I would not care if Philip bought the land for a pack of cigarettes and sold it to me for $150K when it's worth $200K. I would beg Philip to set me up with these deals all day long. I might even instantly sell the land for $200K to someone else and just keep the profits. Should Philip sue me for "loss of profit?" No. It's about making money. It doesn't matter what someone else paid for the property. Remember the Dutch in 1626 bought Manhattan Island from the Indians for $12 in trinkets. Indians thought it was a good deal and agreed to sell. Fair sale.
I'd have clients see what the previous owner paid on title docs and they'd refuse to pay more than a couple of dollars more. They'd lose the deal and someone else would end up buying the property for a great price. Someone needs to sit Gary down and teach him the basics. Doctors really are the worst investors. They think because they are doctors they are smart and know everything. They may know medicine but they don't know real estate or investments as Gary has clearly demonstrated. I hope Philip sues the shit out of Gary when this is done. Gary did worse to Philip than he did to Dave and Dave got a nice settlement I hear.
Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust
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