Federal Fraud Case

We should all send that Judge a letter

People bitch and moan and protest a bad decision I think as horse people we should all send that judge a letter of gratitude that at least during his probation period some innocent horse people can be spared from these villains. I was very disappointed in Kentucky with the apathy of the Board of Directors towards our mutual proposal to refuse people like these a membership in the USEF. No questions, no ifs, ands or buts just they cannot be members of USEF if they have been convicted of a felony involving the killing of horses for profit or the stealing of peoples horses. In the old days horse theft was a hanging offense. :cry:

Yes, a HUGE round of applause for those who have fought the good fight!!! :yes: :yes:

I know it was not easy, but their persistence has (and will continue to) pay off!!

I also feel there may be others vicitms…
You have the Deparment of Justice on your side…there are usually many roadblocks to seeing someone convicted of their crimes in the equine world. This time…we were able to draw the attention of the best law enforcment in the Country. If you suspect you may be a vicitm or know someone who may…email or PM RNB or myself. We welcome any questions.

Go get 'em KY!!!

For those who have followed this thread you will remember I have made reference to the ā€œgroupā€ in KY who were able to get a law passed last year, dual agency, that addresses horse fraud. The man behind this is named Jess Jackson who along with his attorney, Kevin McGee, are back pushing for yet more legislation. They are pushing for amendments to the dual agency bill (HB367) which is described in the last paragraph of the article.

I just wanted to keep everyone updated since KY is paving the way in it’s efforts to clean up the industry and specifically horse fraud!! :yes:

http://news.bloodhorse.com/viewstory.asp?id=37485

If you think you are just one person and that you could not be a substancial contributor to this cause… just remember to ALWAYS drink Kendall Jackson wine!! Jess Jackson is the owner of the Kendall Jackson winery and if we keep drinking his wine, we are indirectly helping his efforts to clean up the horse world!!!

Like I need another excuse to drink wine… :winkgrin:

WOW I love Jess and Kevin!!! I drink Kendall-Jackson

Kentucky Bill Would Require Ownership, Medical Disclosure at Sales

[INDENT]ā€œBoth bills have the backing of California winemaker and Thoroughbred horseman Jess Jackson, whose high-profile lawsuit against former advisers led to his personal crusade for transparency in bloodstock transactions.[/INDENT][INDENT]House Bill 388, co-sponsored by Speaker Pro Tem Larry Clark and Licensing and Occupations co-chair Joni L. Jenkins (both Democrats representing Jefferson County), calls for disclosure of the owner or owners of a horse and the date ownership began. If ownership of a horse was for less than 12 months, the names of prior owners also must be disclosed. The disclosure is required of the owner and seller of a horse.[/INDENT][INDENT]One proposed change requires agents representing buyer or seller in a transaction to furnish copies of relevant financial records to either principal upon request. The other amendment states that no contract for payment of commissions is enforceable unless it is in writing.ā€[/INDENT]Man… that’s a huge change for the race industry! I’m grateful that Jess Jackson is not solely focus on the TB industry…the bills in Kentucky are directed at ALL horse transactions. This article from the Blood-Horse is of course,focused on the TB industry.

RNB…IMAGINE!!!..if the SELLER…Keg & Josh…had been required to disclose the name of the OWNER…tho the BUYER …you may not have had to loss your daughter’s pony. Everything had to be put in writing too! What a concept!!!

This moves the horse transactions forward two centuries in one Bill! Horses ā€œsoldā€ would have a paper trail! This issue deals with the NATURE of a sale in a new way. OWNER/SELLER-AGENT-BUYER on one page! For exampleā€¦ā€œHorse for saleā€

  • Breeder sells horse to Buyer "A "on trial /w contract
  • A fails to pay or return Horse according to the signed contract.
  • Horse then disappears.
  • Litigation begins. Horse is posted on Net Posse.
  • A (posing as owner? agent?) then "sells" horse to SECOND Buyer "B"
  • B is aware the branded warmblood was [B]very cheap[/B] (and thought this was okay?)....
  • B admits to knowing breeder & was aware breeder still had papers!!
  • B ... BUYS horse...from A - who never pays the Breeder/owner.
  • B months later...calls Breeder for the PAPERS!
  • More litigation
If the full disclosure OWNER/SELLER-AGENT-BUYER were required...this "deal" would have never happened!

This kind of contractual CLEAN-UP will stop FRAUD cold.
Owners defrauded of their horses will get have the teeth to recover horses caught in this crime with the aid of the law! Sales and commsions will all be clearly stated…and LORDY…The commissions would be reported via 1099 to the IRS!!!

The Kentucky legislation will expose the behind doors dealings and stop CROOKS ( including our felons) intent on making their ā€œlivingā€ via fraud… in their tracks!

BRAVO!!! A glass of Kendall-Jackson please!

[QUOTE=TWF;2205414]
[B][COLOR=#336600]

The Kentucky legislation will expose the behind doors dealings and stop CROOKS ( including our felons) intent on making their ā€œlivingā€ via fraud… in their tracks!

BRAVO!!! A glass of Kendall-Jackson please![/QUOTE]

Here, Here!

Just to give everyone an update…

The Ky bill, HB388, has been tabled until next year. The reason…both sides, the for and against, meet this week to come to an agreement. They were happy with the out come but could not get everything done legally that needed to be done before the deadline. So the good news is it will be re-introduced but not until next session.

The other bill, HB367, which deals with horse fraud, is to change the wording of the law which passed last March. I am attaching a copy of the bill so everyone can see. They want the law to read just ā€œequineā€ which will cover all horse sales!!!

Hurray…more protection for the little guy!!!

Gotta love our neighbors in KY!!!

HB 367.pdf (23.6 KB)

Equestrian Magazine - Feb 2007

Did anyone see the new Equestrian Magazine??? (Feb 2007 issue)

I just got mine in the mail and was looking through the suspensions… :eek: :smiley: :yes: :yes:

Update…

For those of you who do not receive Equestrian magazine here is a copy of the penalty for each…

USEF Ruling - 1.jpg

USEF Ruling - 2.jpg

I’m headed to the store and will pick up some Kendall-Jackson to celebrate this news!! :yes: :smiley:

nice!

PLEASE HELP

For those of you who remember me, I was a victim of 5 fraudulent transactions in California in 2005. I went to the police who told me I had enough money to sue civilly, well I am out of money for litigation and on my own to continue. Has anyone from the Federal Case sucessfully sued individually? if so would anyone be willing to share with me the complaint filings? or does anyone have the complaint filings from the Federal Criminal side? I have to draft some documents and need a place to jump off from. Any help would be appreciated! I can either receive via, fax or emial just let me know what works, or if you need to send via Fed Ex I am happy to pay. Also, if anyone can put me in touch with the investigators from the FBI maybe they will finally pick it up for me, apparently Los Angeles Police and FBI are too busy…

Fraud is a crime. The FBI investigated this case and the Department of Justice prosecuted the case in Federal court. RNB never gave up when the police failed to see the ā€œcrimeā€. In the end the two plead guilty to one of over seventy charges that the DOJ charged them with. They are supposed to be making restitution to the victims.

I’m sorry you have had to go after this case on your own dollar. It isn’t fair to anyone to treat fraud as a civil case. I hope there is a sympathetic ear in the DOJ to prosecute this case.

Are there any other victims in your case??? Look for them at barns and shows in other states as well as your own. Keep you information out there… while you are trying the civil route. In our case there was a pattern of behavior which was associated with a variety of charges The victims lived in many states and never knew each other…we all had one or two things in common. That is what made the difference in our case…many of us (not everyone was named in the court case) from many states working within the system brought about a conviction.

I really feel for you. If you had been defrauded of a CAR…I bet the case would have been handled differently!

what kind of a dumb ass question is was the horse in prison

Hmmm?

Did I miss a post?? Perhaps it was retracted???

Oh no…

TWF ~ I think Van was referring to a post made on page one but I could be mistaken.

prepsterlb ~ First, ditto everything TWF said. Second, I am so sorry to hear about this Scott. The police were wrong in saying you had enough money to sue civilly…as TWF said, fraud is a crime!!! Period!! However, I can tell you that I talked with Police, Detectives, District Attorneys and the likes in 9 cities within 4 states. NONE wanted to get involved…all said they recommended going through civil court…even had one DA in Gulfport MS say ā€œIt’s ONLY $30,000.00ā€. At which point I asked her how much she made per year and if she found out she had lost $30,000.00 due to fraud what would she do…did she have an extra 30K laying around the house!!!

Unfortunately it is this type of attitude that the criminals depend on. They know how hard it is to get anything pushed through criminally and most people don’t have the money or the time to pursue it civilly. And usually getting a Warrant in Debt is useless because these criminals don’t put anything in their names…you are left with a useless piece of paper saying someone owes you money. I have said it many times…there are no laws to specifically protect a horse and/or it’s owner. There are lawyers on the BB who might argue this point however, I am speaking from 8 years of experience researching ā€œhorseā€ fraud and working with the Dept of Justice, etc.

The best advice I received was the day I found out my daughters pony had been sold without my knowledge. I went directly to someone I knew, a lawyer, who is now my Congressman here in VA. When I presented all the evidence I was told it was definitely fraud and definitely criminal…I had 1 year to sue and they encouraged me to try and get it heard in a criminal court. I then spoke with another friend who was a retired Federal judge who told me the same thing, and then added that fraud was the hardest thing to prove in his courtroom.

What made our case different were the shear number of victims and states involved. That is why the FBI picked up the case…after a phone call from a wonderful Detective who realized he could not help all the people who were calling him asking for help.

Re-read TWF’s post. Find as many other victims as you can. If any animals crossed state lines then it becomes Federal. As far as I know none of the victims listed in the original FBI investigation sued civilly but I will check on that for you. I do know there were other victims who surfaced once they were in prison and some did sue but I believe their cases were dropped due to the cost of legal fees, etc. I will see what I can find on those as well.

There is a gal in CA who is working to strengthen the laws there. I know it does not help you at the moment but you are a prime example of why we need protection. She may be able to help you. I will send you her contact info via email. I am also expecting a call on Monday, on an unrelated issue, from the US Attorney who prosecuted our case…I will ask his advice and pass it along. I will also email you copies of documents…perhaps they too will help you.

Please keep up the fight!! I KNOW it is hard but until more people stand up and fight to make changes this type of criminal behavior will continue and most probably escalate.

Good luck and keep me up-dated!
Debbie Hanson

Thanks for the answer RNB…I know this is a long thread…

Thanks to everyone for reading and giving more than a passing thought in this very important issue. The facts are rather clearly stated several times in the thread; so no one has to go over the entire thread. Feel free to direct any questions to RNB or myself…

In the meantime…I hope prepsterlb gets some help on the Department of Justice side and/or finds more victims like himself to strengthen his case. Without knowing the details,my suspicion is this is likely not a ā€œFirst Timeā€ deal for the person who has committed a crime. There may be more victims who don’t know there are other vicitms in the this case.

prepsterlb FYI… answering the civil side…
The felons in this case declared in Federal Court before the Honorable Judge Williams …they had no horses…which was actually a LIE! The FBI was tipped off by a friend of the case that Keg did indeed have a horse. I didn’t have to go after the felons in civil court. I regained my horse when the Feds seized the horse.

RNB did not have to mount a civil case either…she never got her pony returned. No money recovered. Josh and Keg are slowly making restitution by Court Order. The restitution started while they served their Federal Prison sentences…the checks have been issued to the three named victims through the Federal Court.
I suspect there is really no $$$ to be found to pursue a civil case in the instance of J & K. I wonder where all those ill gotten funds went? Wanna bet they never declared those sales to the IRS!!

There are so many more who have been victims of fraud or other such crimes who simply do not get the attention of the Criminal side of the court system. Just as RNB stated…the VICTIMS have been more vocal and influential in this case…the DOJ and the FBI recognized the importance of our voices and desire for equal treatment under the Law. We are still working with them! We are pro-active in the industry to make changes. Collectively, we have attended every hearing and continue to speak out as victims of crime. A court sentence served does not ā€œun-ringā€ the crime bell…we know others have not had their day in Court…we actively support and seek to identify other crime victims in the equine industry.

I was at one of the hearings and I can say that the FBI and DOJ certainly have been taking this case very seriously! Sorry, prepsterlb, that you are getting the ā€œtoo busyā€ response. Keep your chin up and keep after them! Hopefully RNB can get you some contacts.

I had to stop and go get something to clean up the diet mountain dew from my computer screen when I read this…:lol: