UPDATED: Two motions today on sentencing, motion to dismiss, motion to make misdemeanor, Dr Gary Michelson

UPDATE: Court was over a couple of hours ago. Gary Michelson got on the stand for a while to make up stories about Neil and Richard. Next thing I know I see Richard back in the sheriff records as out on bond. He previously didn't show up at all. He was in jail from May 23, 2013 to September 20, 2013, four months. I see Neil listed as own recognizance. I assume it means they are both not in jail.  I wonder what Gary Michelson and his paid DA friends did between end of trial and sentencing. If you read the below motions, the one charge should have been dismissed.

I just realized that the Sheriff dept spells Philip like "Phillip" when the LA criminal court shows him as "Philip." The sheriff record is the same. He appears to still be out on bond. It also appears he will be on probation three years total minus time served 1095-120=975? I'm guessing at this point. One count of felony is three years in jail. I called the courts. This is both of their first and only offense.

UPDATE: Sentencing is at 1:30 pm. Motions were heard this morning but one count was not reduced to misdemeanor or dismissed. Judge invites them to appeal because he doesn't know how to rule in this case. It would be one of the first cases ruled upon after the passing of the recent bill. Neil will not go to jail no matter what because of time served. He was in jail about 1.5 years already. There is a small possibility that Richard might have to serve time, be on probation. He was in jail many months already. An appeal would easily take two years if not longer and cost a lot of money. My civil appeal in Texas was briefed, submitted over 14 months ago and still no opinion.

Did the DA get to Judge Craig Richman? Does the Judge fear Dr Gary Michelson and his power, money, political influence with the DA, ex-DA? Does the Judge just not want to be the first to dismiss a misdemeanor? Does the Judge not want to downgrade the felony to a misdemeanor because he doesn't want to piss off the DA office, hurt his chances at re-election as Judge? DA, Judge, politicians, money, power....all inner twined here in LA, in most of the US. Never a good thing. As I read the below motions, know the issue, have seen the evidence in court, watched the preliminary trial, some of the final trial...I don't know how it can't be reduced and dismissed.

8:30 a.m. hearing today for sentencing, probation. Two defense motions will be heard, i.e. motion to deem offense a misdemeanor, motion to dismiss.

Motion deem misdemeanor
https://drive.google.com/file/d/0BxE8KfVPjYF4ZmUyeWdNR19xa0U/view?usp=sharing

Motion to dismiss
https://drive.google.com/file/d/0BxE8KfVPjYF4aGpsVjYzRFU4Q0U/view?usp=sharing

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

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

Gary Michelson loses another lawsuit where someone "cheated" him - Crazy Forbes billionaire

Gary Michelson loses another lawsuit, Proskauer Rose, IRS, taxes, tax evasion

Gary, Gary, Gary, where do I start? How about with you just lost this lawsuit...  again. Gary Michelson lost his motion to reconsider Defendants' motion for summary judgment which Gary lost. Gary Michelson always appeals and files motions to reconsider which he loses.  I would think his lawyers would be honest with him and tell him he does not have a case. Maybe they are and he just says "I don't care. I'm Gary Michelson and I'll do whatever the hell I want!" Maybe they just want to make money. Below is the final order, ruling.

http://marycummins.com/gary_loses_taxes.pdf

The main issue is this case is "Dr Gary Michelson cannot prove that he relied on Proskauer" when he bought the tax shelter. In this case Gary Michelson contradicts her own testimony again. He first states he never communicated with Proskauer. His attorneys communicated with Proskauer. Later he says Proskauer sent letters to his home. Gary then refuses to prove what his attorney related to him stating the conversations were privileged. The Judge even warned Gary that if he claims this privilege, there will be no evidence to decide who said what to whom when. Gary kept going down the stupid path anyway.

In this motion to reconsider there was no new evidence or law. The Judge still considered it even though he should have denied it outright.

Gary Michelson has said many, many, many times that he's a bad business man. He said that's why he hired David Cohen to manage all his investments in 2005. Then how did Gary Michelson continue to make mistakes since 2005? Gary Michelson must think he's smarter, wiser, more experienced than David Cohen which is not so. Gary Michelson is his own worst enemy. Gary keeps "cheating" himself with his poor judgment, lack of due diligence, complete lack of ability to judge people and investments. That's why I think he's mentally ill. He's making HUGE mistakes. He has hired great advisors, managers then he doesn't listen to them.

I think this case will be huge ammo for Neil and Richard. This shows Gary contradicts his own testimony and files frivolous complaints. It also shows Gary Michelson is indeed a very poor business man. Gary has stated this at least 20 times that I know of. David Cohen needs to take away Gary's checkbooks and credit cards before he makes even bigger mistakes.

The crux of the Proskauer case was when did Gary know what he relied upon about the tax shelters and from whom? I think that is a similar issue to the Costa Rican case. When did Gary know what about the land that he bought and from whom? Did Gary ever read the faxes Richard sent? I doubt Gary read all the faxes I sent. Just because I sent them doesn't guarantee he read them. So far all we know is that Gary saved the faxes. David Cohen was supposed to be in charge of all investments from mid 2005 and on. The current charges are only from December 2005 to the present. Then it was Cohen's responsibility to investigate the land purchases. Then it wouldn't matter what Richard sent to Gary unless Gary sent that to Cohen. Even then it was Cohen's job to properly investigate things. Maybe Gary should sue Cohen? Marten? Himself? Everyone?

From the transcript, pg 340 pdf, 234 txt, lines 5 - 18. Gary is answering Robert Knowles. Yes, Knowles asked these damning questions. If you read the section, Gary has many of his own advisors, accountants, business managers at this time reviewing, investigating his investments. Cohen tells Gary something is up with the land deals yet Gary continues. Cohen said he's not getting documents from Richard. Then Cohen should have investigated the records himself which he eventually did. Was Gary willing to turn a blind eye just to keep being friends with Neil? Neil is probably the only friend Gary has ever had in his entire life.

5 Q AND THEN LASTLY, A NAME WHICH SHOWS UP IN
 6 MANY OF THE DOCUMENTS IS DAVID COHEN. WHO IS THAT?

7 A IN 2005, DAVID COHEN CAME TO WORK FOR ME,
 8 ACTUALLY TO BE A BUSINESS MANAGER.

 9 Q DID YOU GIVE HIM AS YOUR BUSINESS MANAGER ANY
10 ROLE CONCERNING THESE TRANSACTIONS?

 11 A YES. I GAVE HIM THE ROLE OF NEVER LETTING ME
 12 DO A BUSINESS DEAL AGAIN, AND HE INHERITED ALL THESE
 13 THINGS TO DEAL WITH. THIS WAS ONE OF THEM

14 Q AND SPECIFICALLY, DID YOU GIVE HIM A TASK OR
 15 A RANGE OF TASKS CONCERNING THESE ACQUISITIONS?

 16 A WELL, HIS TASK WAS JUST TO MANAGE ANY
 17 BUSINESS INTERESTS I HAD HAD AND ANY BUSINESS INTERESTS I
 18 WAS GOING TO HAVE

more

A IN 2005, I HAD HIRED DAVID COHEN, WHO IS A
 16 BUSINESS MANAGER. AND I HAD A LOT OF BAD INVESTMENTS.
 17 I'M NOT A GOOD BUSINESSMAN.

25 A. I think I can answer this very easily.
 26 There's a reason I hired a business manager. It was so
 27 I would not be involved in any way in this business. So
 28 I really can't tell you what Mr. Cohen received, didn't
 receive, what he did with it. I don't know.

Gary hired Cohen June 2005 if not earlier. July 7, 2005 David Cohen formed Karlin Asset Management a California corporation.

"David A. Cohen is CEO and Chief Investment Officer of Karlin Asset Management, a Los Angeles based private investment firm he co-founded in 2005. - See more at: http://www.20mm.org/david-cohen-biography/#sthash.MmmoywaO.dpuf "

Entity Name:	KARLIN ASSET MANAGEMENT, INC.
Entity Number:	C2756057
Date Filed:	07/07/2005
Status:	ACTIVE
Jurisdiction:	CALIFORNIA
Entity Address:	11755 WILSHIRE BOULEVARD, SUITE 1400
Entity City, State, Zip:	LOS ANGELES CA 90025

It appears then David Cohen is the one who did not properly investigate the land deals just like Gary's attorney did not properly investigate the tax shelters. Gary said David Cohen handled all of that from mid 2005 and on. The remaining charges are from December 2005 and on. That is when Cohen told Gary he is concerned about the land deals. Oddly enough David Cohen brags to everyone that Gary did so great in the Costa Rican land deals even until very recently! This case is beyond silly to the point of being surreal. I'm pretty sure Robert Knowles wants to add back the pre December 2005 charges for this reason. Gary admits he had his business manager David Cohen take over all his businesses and investments in mid 2005.

More damning evidence. David Cohen took over mid 2005. David Cohen mid 2011 brags that they did very, very well in teak farms in Costa Rica. I saved all the pages in case they delete them. Gary had 36.4 square miles. Cohen is just rounding up. This is the same exact land where Gary said he lost money. Which is it?

I posted this before but it's important enough to repost it. I saved the original as I do with everything before I posted it so it won't get deleted at the source. I also save the original to an independent third party website verification site so I have their time, date stamp that it is authentic. This is very telling. May 12, 2011 interview of David Cohen by Russ Alan Prince of Private Wealth.

"We also have a meaningful timber investment in Central American hardwoods. This includes building one of the world's largest teak plantations, which will be an excellent investment from a rate of return perspective and is tax efficient. As important is the fact that we are doing our part to reverse climate change with the replanting of 40 square miles of grazing land that was formerly rainforest with six million new trees."

https://www.fa-mag.com/news/growing-the-single-family-fortune-7243.html

This case was originally filed February 1, 2008. Gary filed a ton of lawsuits in 2007 to 2010 for people "cheating" him. How can they cheat him when he has had a business manager who has handled all his investments, businesses since 2005? You would not believe the number of legal filings in this case! Each side at one point was filing three items per day. Only one winning are lawyers.

http://www.law360.com has been following this story with five articles so far. I hope they write one about the outcome of this case.

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