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Infromation requested by the FBI in case against James Turek:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=70364294
New posts on this iHub TBLU forum are regarding the US legal case against TBLU and principals.
Most recent update posted on iHub in the criminal case:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=66877365
More recent updates may be available.
Former Plasticon CEO James Turek indicted on fraud charges
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=60765886
Michael Rodiriguez's other Idaho corporations are very interesting.
Such delays are really frustrating, especially when uncontested by the government.
Pacer update 30 Aug 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
08/30/2011 23 ORDER as to James Norman Turek: re dft's 22 Motion to Continue Trial, unopposed by USA; JURY TRIAL set for 9/12/2011 is SET ASIDE & trial is RESCHEDULED to begin 3/5/2012 at 9:00 AM in LEXINGTON before Judge Jennifer B Coffman. Signed by Judge Jennifer B Coffman on 08/30/2011. (RJD)cc: COR,USM,USP,D,JC (Entered: 08/30/2011)
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
represented by
Elizabeth Snow Hughes
Gess, Mattingly & Atchison, P.S.C.
201 W. Short Street
Lexington, KY 40507
859-252-9000
Fax: 859-233-4269
Email: ehughes@gmalaw.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
TERMINATED: 03/14/2011
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
So that the Court can understand the magnitude of the work required of counsel and the accounting firm, the Court should be aware that this case involves complex business dealings over a lengthy period of time. Thousands of documents (including numerous file cabinets removed from Mr. Turek’s office) are being stored by the government. Defendant was aware of this fact at the time the current trial date was established, but counsel was unaware that her client also was in possession of numerous boxes of documents himself. To date, Mr. Turek has brought twenty-nine (29) bankers boxes of documents to counsel, and he continues to search for more that could be relevant. Counsel has reviewed almost all of these documents at least once, and most of them twice, but each review leads to additional questions and adds to the complexity of the case.
In addition, Mr. Turek has filed bankruptcy personally, and the related companies have filed for bankruptcy protection as well. These bankruptcy proceedings are inextricably intertwined with the SEC issues charged in the Indictment. There was also federal court litigation relating to the patents and their value (an issue in the Indictment) and a corresponding civil suit by the SEC against Mr. Turek which was resolved. The legal and factual issues are complex, interrelated with the other court proceedings and document-intensive. Counsel has reviewed volumes of documents relating to court proceedings and must review volumes more. She has spoken with several of the attorneys and accountants involved in these proceedings and is still in the process of tracking down others. These attorneys and accountants have sometimes proved helpful and knowledgeable; at other times, their files have been inaccessible and their memories faulty. Further, it is often difficult to obtain time-consuming cooperation from professionals who work by the hour with an expectation that they will be paid.
Extract -
Doc 22 PDF file
https://viewer.zoho.com/docs/oOCAb
Search: Bankruptcy Party Search Name Turek, James N All Courts Page: 1
Party Name Court Case Ch Date Filed Date Closed Disposition
1 Turek, James N (dft) kyebke 5:94-ap-05001 01/06/1994 04/29/1994
2 TUREK, JAMES N. (db) flnbke 5:02-bk-20411 11 05/14/2002 09/13/2006 Discharge Not Applicable
3 Turek, James Norman (db) flmbke 8:11-bk-10007 13 05/25/2011 Dismissed for Failure to File Information 06/14/2011
4 Turek, James Norman (db) flmbke 8:11-bk-12945 13 07/06/2011 08/26/2011 Dismissed for Failure to File Information 07/22/2011
08/26/2011 22 SECOND MOTION to Continue Trial as to James Norman Turek. (Attachments: # 1 Proposed Order)(Hughes, Elizabeth) (Entered: 08/26/2011)
Doc 22 PDF file
https://viewer.zoho.com/docs/oOCAb
Pacer update 26 Aug 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
08/26/2011 22 SECOND MOTION to Continue Trial as to James Norman Turek. (Attachments: # 1 Proposed Order)(Hughes, Elizabeth) (Entered: 08/26/2011)
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
represented by
Elizabeth Snow Hughes
Gess, Mattingly & Atchison, P.S.C.
201 W. Short Street
Lexington, KY 40507
859-252-9000
Fax: 859-233-4269
Email: ehughes@gmalaw.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
TERMINATED: 03/14/2011
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
05/12/2011 21 ORDER as to James Norman Turek: (1) matter declared complex, time for commencement of trial excluded under Speedy Trial Act; Time excluded from 5/9/2011 until 9/12/2011; (2) Pretrial mtns filed by 6/30/2011; all other provisions of discovery order remain in effect; (3) JURY TRIAL set for 9/12/2011 at 9:00 AM in LEXINGTON before Judge Jennifer B Coffman for 2 weeks. Signed by Judge Jennifer B Coffman on 5/12/2011. (STB)cc: COR,USM,USP,D,JC (Entered: 05/12/2011)
Doc 21 filed 12 May 11
http://viewer.zoho.com/docs/pcEdJe
Pacer update 12 May 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
05/12/2011 21 ORDER as to James Norman Turek: (1) matter declared complex, time for commencement of trial excluded under Speedy Trial Act; Time excluded from 5/9/2011 until 9/12/2011; (2) Pretrial mtns filed by 6/30/2011; all other provisions of discovery order remain in effect; (3) JURY TRIAL set for 9/12/2011 at 9:00 AM in LEXINGTON before Judge Jennifer B Coffman for 2 weeks. Signed by Judge Jennifer B Coffman on 5/12/2011. (STB)cc: COR,USM,USP,D,JC (Entered: 05/12/2011)
05/12/2011 20 MINUTE ENTRY for TELEPHONIC SCHEDULING CONFERENCE as to James Norman Turek held on 5/12/2011 before Judge Jennifer B Coffman: Elizabeth Hughes appeared as APPOINTED CJA counsel of record. Case declared complex; deadline for filing PT mtns extended to 6/30/2011; JURY TRIAL set for 9/12/2011 for 2 weeks; separate order shall issue. (Court Reporter PEGGY WEBER.) (STB)cc: COR,USM,USP,CJA (Entered: 05/12/2011)
05/03/2011 19 ORDER as to James Norman Turek: GRANTING dft's 18 MOTION to Continue Trial & MOTION for Extension of Time; the deadline for filing pretrial motions is extended; JURY TRIAL of 5/9/11 is CANCELLED; TELEPHONE CONFERENCE set for 5/12/2011 at 10:00 AM before Judge Jennifer B Coffman. Signed by Judge Jennifer B Coffman on 5/2/11. (KJR)cc: COR,USM,USP,JC,D (Entered: 05/03/2011)
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
represented by
Elizabeth Snow Hughes
Gess, Mattingly & Atchison, P.S.C.
201 W. Short Street
Lexington, KY 40507
859-252-9000
Fax: 859-233-4269
Email: ehughes@gmalaw.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
TERMINATED: 03/14/2011
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Pacer update 07 Apr 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
04/07/2011 NOTICE OF DOCKET MODIFICATION TO Elizabeth Hughes re 18 MOTION to Continue Trial and Extend Deadlines MOTION for Extension of Time ; Error: this motion requests 2 forms of relief & only 1 form of relief was selected; Entry by atty; Correction: clerk added the Motion for Extension of Time to Extend Deadlines; in the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report; NO further action required by counsel. cc: COR (KJR) (Entered: 04/07/2011)
04/06/2011 18 MOTION to Continue Trial & MOTION for Extension of Time to Extend Deadlines as to James Norman Turek. (Attachments: # 1 Proposed Order)(Hughes, Elizabeth). Added MOTION for Extension of Time on 4/7/2011 (KJR). (Entered: 04/06/2011)
03/28/2011 17 CJA 20 APPOINTMENT OF COUNSEL as to James Norman Turek: Appointment of Attorney Elizabeth Hughes. (KJR) (Entered: 03/30/2011)
03/28/2011 16 REQUEST FOR DISCOVERY by James Norman Turek (Notice of Intent to Use Rule 404(b) Evidence) (Hughes, Elizabeth) (Entered: 03/28/2011)
03/28/2011 15 REQUEST FOR DISCOVERY by James Norman Turek (Brady Evidence) (Hughes, Elizabeth) (Entered: 03/28/2011)
03/28/2011 14 REQUEST FOR DISCOVERY by James Norman Turek Under Rule 16(a) (Hughes, Elizabeth) (Entered: 03/28/2011)
Date filed: 03/03/2011
Date of last filing: 03/04/2011
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
represented by
Elizabeth Snow Hughes
Gess, Mattingly & Atchison, P.S.C.
201 W. Short Street
Lexington, KY 40507
859-252-9000
Fax: 859-233-4269
Email: ehughes@gmalaw.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
TERMINATED: 03/14/2011
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
03/25/2011 10 MINUTE ENTRY for INITIAL APPEARANCE and ARRAIGNMENT as to James Norman Turek (1) Count 1-8,9-10,11-13 held on 3/25/2011, before Magistrate Judge Hanly A. Ingram: Elizabeth Snow Hughes appeared as APPOINTED CJA counsel of record. Dft appeared on a summons. Ordered Elizabeth Hughes is appointed. Dft WFA/PNG to all counts. USA not seeking pretrial detention. JURY TRIAL set for 5/9/2011 at 09:00 AM in LEXINGTON before Judge Jennifer B Coffman (2 weeks). Court verified USA was pursuing appropriate notification of potential victims. Dft released. Signed by Magistrate Judge Hanly A. Ingram. (Court Reporter PEGGY WEBER.) (SCD)cc: COR,USM,USP,CJA,D,JC (Entered: 03/28/2011)
Doc 10 PDF file
http://viewer.zoho.com/docs/pAdbcX
03/25/2011 11 ORDER as to James Norman Turek: General order of discovery. Signed by Magistrate Judge Hanly A. Ingram on 3/25/2011. (SCD)cc: COR,USM,USP (Entered: 03/28/2011)
Doc 11 PDF file
http://viewer.zoho.com/docs/dBcWj
03/25/2011 12 CJA 23 Financial Affidavit by James Norman Turek (SCD) (Entered: 03/28/2011)
Remote access to restricted documents or cases is not available.
03/25/2011 13 ORDER Setting Conditions of Release as to James Norman Turek. Signed by Magistrate Judge Hanly A. Ingram on 3/25/2011. (SCD)cc: COR,USM,USP (Entered: 03/28/2011)
Doc 13 PDF file
http://viewer.zoho.com/docs/jBiBi
Pacer update 28 Mar 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
03/25/2011 13 ORDER Setting Conditions of Release as to James Norman Turek. Signed by Magistrate Judge Hanly A. Ingram on 3/25/2011. (SCD)cc: COR,USM,USP (Entered: 03/28/2011)
03/25/2011 12 CJA 23 Financial Affidavit by James Norman Turek (SCD) (Entered: 03/28/2011)
03/25/2011 11 ORDER as to James Norman Turek: General order of discovery. Signed by Magistrate Judge Hanly A. Ingram on 3/25/2011. (SCD)cc: COR,USM,USP (Entered: 03/28/2011)
03/25/2011 10 MINUTE ENTRY for INITIAL APPEARANCE and ARRAIGNMENT as to James Norman Turek (1) Count 1-8,9-10,11-13 held on 3/25/2011, before Magistrate Judge Hanly A. Ingram: Elizabeth Snow Hughes appeared as APPOINTED CJA counsel of record. Dft appeared on a summons. Ordered Elizabeth Hughes is appointed. Dft WFA/PNG to all counts. USA not seeking pretrial detention. JURY TRIAL set for 5/9/2011 at 09:00 AM in LEXINGTON before Judge Jennifer B Coffman (2 weeks). Court verified USA was pursuing appropriate notification of potential victims. Dft released. Signed by Magistrate Judge Hanly A. Ingram. (Court Reporter PEGGY WEBER.) (SCD)cc: COR,USM,USP,CJA,D,JC (Entered: 03/28/2011)
Date filed: 03/03/2011
Date of last filing: 03/04/2011
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
represented by
Elizabeth Snow Hughes
Gess, Mattingly & Atchison, P.S.C.
201 W. Short Street
Lexington, KY 40507
859-252-9000
Fax: 859-233-4269
Email: ehughes@gmalaw.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
TERMINATED: 03/14/2011
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
03/24/2011 9 ORDER as to James Norman Turek - dft's ARRAIGNMENT is RESCHEDULED for 3/25/2011 at 2:00 PM in LEXINGTON before Magistrate Judge Hanly A. Ingram. Signed by Magistrate Judge Hanly A. Ingram on 03/24/2011. (RJD)cc: COR,USM,USP,D (Entered: 03/24/2011)
Doc 9 PDF file
http://viewer.zoho.com/docs/yHycQ
Extract
The Court previously scheduled this matter for an arraignment to take place on Friday, March 25, 2011, at 1:00 p.m. before Judge Atkins. (D.E. 3, 4). On the Court’s own motion, Defendant’s arraignment is RESCHEDULED for Friday, March 25, 2011, commencing at 2:00 p.m. at the United States Courthouse in Lexington, Kentucky, before the undersigned.
This the 24th day of March, 2011.
Pacer update 24 Mar 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
03/24/2011 9 ORDER as to James Norman Turek - dft's ARRAIGNMENT is RESCHEDULED for 3/25/2011 at 2:00 PM in LEXINGTON before Magistrate Judge Hanly A. Ingram. Signed by Magistrate Judge Hanly A. Ingram on 03/24/2011. (RJD)cc: COR,USM,USP,D (Entered: 03/24/2011)
Date filed: 03/03/2011
Date of last filing: 03/04/2011
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
represented by
Elizabeth Snow Hughes
Gess, Mattingly & Atchison, P.S.C.
201 W. Short Street
Lexington, KY 40507
859-252-9000
Fax: 859-233-4269
Email: ehughes@gmalaw.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
TERMINATED: 03/14/2011
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
03/11/2011 6 MOTION to Withdraw as Attorney by R. Michael Murphy as to James Norman Turek. (Attachments: # 1 Proposed Order for Withdrawal of Counsel)(Murphy, Robert) (Entered: 03/11/2011)
Doc 6 PDF file
http://viewer.zoho.com/docs/cRbMO
Pacer update 14 Mar 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
03/14/2011 7 ORDER as to James Norman Turek: GRANTING atty Michael Murphy's 6 MOTION to Withdraw as Attorney; Michael Murphy is relieved of his CJA appointment. Signed by Magistrate Judge Edward B Atkins on 3/14/11. (KJR)cc: COR,USM,USP (Entered: 03/14/2011)
03/14/2011 CJA Case Assignment by Clerk for James Norman Turek. CJA Attorney Elizabeth Snow Hughes for James Norman Turek selected by random draw. cc: COR, USP, USM, CJA (SCD) (Entered: 03/14/2011)
03/14/2011 *** MOTION SUBMITTED TO CHAMBERS OF Judge Coffman to review re 6 MOTION to Withdraw as Attorney by R. Michael Murphy filed as to James Norman Turek (KJR) (Entered: 03/14/2011)
03/11/2011 6 MOTION to Withdraw as Attorney by R. Michael Murphy as to James Norman Turek. (Attachments: # 1 Proposed Order for Withdrawal of Counsel)(Murphy, Robert) (Entered: 03/11/2011)
Date filed: 03/03/2011
Date of last filing: 03/04/2011
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
represented by
Elizabeth Snow Hughes
Gess, Mattingly & Atchison, P.S.C.
201 W. Short Street
Lexington, KY 40507
859-252-9000
Fax: 859-233-4269
Email: ehughes@gmalaw.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
TERMINATED: 03/14/2011
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Pacer update 08 Mar 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
03/08/2011 CJA Case Assignment by Clerk for James Norman Turek. CJA Attorney Robert Michael Murphy for James Norman Turek selected by random draw. cc: COR, USP, USM, CJA (SCD) (Entered: 03/08/2011)
Date filed: 03/03/2011
Date of last filing: 03/04/2011
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
represented by Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Former Plasticon CEO James Turek indicted on fraud charges
By Mike Verespej | PLASTICS NEWS STAFF
Posted March 9, 2011
http://plasticsnews.com/headlines2.html?id=21371
LEXINGTON, KY. (March 9, 11:45 a.m. ET) -- A federal grand jury in Kentucky has indicted James Norman Turek, the former owner, president and CEO of now-defunct recycled plastics products manufacturer Plasticon International Inc., on charges of securities fraud and filing false income tax returns.
The 13-count indictment, issued March 3 by the U.S. District Court in Lexington comes less than 2½ years after the Securities and Exchange Commission filed charges against Turek in the same court, accusing him of misappropriating company funds for personal use.
The grand jury indictment said that Turek, now 65, engaged in a securities fraud scheme from 2004-06 by issuing more than 5 billion shares of Plasticon stock to himself and backdating promissory notes that claimed he had donated millions to the company.
It further accused him of filing false tax returns from 2003-07, and with releasing false and misleading information about the company as well as about its profitability, to create demand for Plasticon stock.
The eight charges of securities fraud carry a maximum fine of $5 million and 20 years in prison, while the charges of filing false income tax returns carry a maximum fine of $250,000, three years in prison and one year of supervised release.
Turek is scheduled to appear in court March 25.
In 2008 the SEC charged that Turek had taken, for personal use, at least $2.8 million of the $8.2 million to $11.2 million in funds that Plasticon had raised from at least 30 investors — capital the Lexington-based firm said would be used to buy equipment and acquire other companies.
Those funds were raised in an unregistered, multistate securities offering between January 2005 and April 2007, according to the SEC. The commission also had charged Turek and Plasticon with making false and misleading press releases relating to the firm’s financial condition, its ownership of patents, the value of those patents, and the number of Plasticon’s outstanding shares.
Those charges were settled Feb. 11 when Turek, without admitting or denying the allegations, agreed to a judgment by the court that found him liable for disgorgement of $2.6 million plus prejudgment interest in the amount of $557,836.41. However, the court waived payment of that total amount and did not order Turek to pay a civil penalty, based on a statement of financial condition Turek filed with the court.
That court judgment also bars Turek from acting as an officer or director of a public company for five years, and bars him from participating in any offering of penny stock.
The grand jury indictment said that Turek — as director of the Plasticon board — issued himself more than 5 billion shares of Plasticon stock between March 15, 2004, and Sept. 16, 2006, as repayment of false and backdated promissory notes.
The promissory notes — purported to be dated from 1989-2002 — falsely claimed that Plasticon owed Turek more than $5 million as a result of loans he had made to the company, according to the indictment. But the amount of money, if any, that Turek had loaned to Plasticon was substantially less than the amounts claimed on the notes, the indictment said.
According to the indictment, Turek was president and CEO and sole director of Plasticon from 1994- 2007, giving him complete control over the firm’s affairs until October 2007, when a bankruptcy court-appointed trustee took control. The indictment also charged that Turek — to circumvent SEC rules governing the sale of stock by a control person — had given Plasticon stock that he received because of false and backdated promissory notes to others, including his children and elderly aunt.
“But, in fact, he maintained control over the stock even though his name no longer appeared on the stock certificates,” the indictment said. “For example, he continued to engage in stock transactions in the name of his elderly aunt even after she had died.”
The indictment also said Turek entered into agreements to sell his stock to investor companies, and specified that payments for that stock be transferred to his private company, LexReal Co. LLC. He also allegedly ‘loaned’ some proceeds back to Plasticon with interest, and gave some of the proceeds to one or both of his sons.
In addition, “to create demand for Plasticon stock by the investing public, James Normam Turek caused Plasticon to issue press releases that contained false and misleading statements about, among other things, Plasticon’s profitability,” said the indictment. “On or about June 17, 2005, he caused Plasticon to issue a press release that falsely stated: “Plasticon International is profitable as of the second quarter of 2005,” it said.
But SEC filings for that quarter — filed nearly a year late on July 27, 2006 — showed net loss of $3 million on sales of $135,244.
Another Plasticon press release, on or about Oct. 4, 2005, falsely stated that Plasticon had “demonstrated profitability.” But actual reports the firm filed with SEC said it lost more than $5 million for the quarter ended Sept. 30, 2005.
Plasticon did not even have a bank account until February 2006, and SEC reports show the firm had no revenue in 2003 and 2004, and revenue of just $65,565 in 2005, according to the indictment.
It also said Turek issued false and misleading information about patent ownership and the value of patents. For example, the company issued press releases between May 2005 and September 2006 that claimed it held four patents, with a combined value of between $16 million and $20 million. But the indictment said Plasticon did not own the patents, some of which had already expired.
Plasticon filed for bankruptcy May 16, 2007, less than 18 months after it acquired injection molder and thermoformer Pro-Mold Inc. of St. Louis. The SEC suspended trading in the stock four months later and revoked the company’s securities registration two months after that.
http://plasticsnews.com/headlines2.html?id=21371
PENALTIES
COUNTS 1-8: Not more than 20 years imprisonment, $5,000,000 fine, and 3 years supervised release.
COUNTS 9-13: Not more than 3 years imprisonment, $250,000 fine, and 1 year supervised release.
PLUS: Mandatory special assessment of $100 per count.
PLUS: Restitution, if applicable.
--------------------
UNITED STATES OF AMERICA V. JAMES NORMAN TUREK
03/03/2011 1 INDICTMENT returned in open court as to James Norman Turek (1) count(s) 1-8, 9-10, 11-13. (Attachments: # 1 Case Assignment) (KJR) (Entered: 03/04/2011)
Doc 1 PDF file
http://viewer.zoho.com/docs/pqcmbd
THE GRAND JURY CHARGES:
INTRODUCTION
During all times relevant to this Indictment:
Plasticon International, Inc., was a corporation with its principal place of business in Lexington, Kentucky, and was also known at various times as International Plastics, Inc., International Plastics Corporation, and Wicklund Holding Company (collectively, "Plasticon"). Plasticon was in the business ofproducing recycled plastic products, and its securities were publicly traded. In reports filed with the United States Securities and Exchange Commission ("the SEC"), Plasticon reported no revenue for 2003 and 2004 and revenue of $65,565 for 2005.
2. JAMES NORMAN TUREK was a resident of Lexington, Kentucky. He served as the president and chief executive officer of Plasticon from approximately 1994 until 2007. During much of this time, he was the sole director ofthe Plasticon board. As an officer and director of Plasticon, he was considered a control person of Plasticon and thus was subject to restrictions by the SEC on the amount of Plastic on stock that he could sell and the manner in which he could sell it.
3. LexReal Co. LLC ("LexReal") was a limited liability corporation with its principal place of business in Lexington, Kentucky and was solely owned by JAMES NORMAN TUREK.
SCHEME TO DEFRAUD
4. From on or about March 15, 2004, to on or about September 15, 2006, JAMES NORMAN TUREK signed resolutions as the director ofthe Plasticon board to issue to himself more than five billion shares of Plastic on stock as repayment of false and backdated promissory notes. The promissory notes, which purported to be dated from 1989 to 2002, falsely claimed that Plasticon owed him more than $5 million as a result of loans he had made to Plasticon. In fact, the amount of money, if any, that he had loaned to Plasticon was substantially less than the amounts claimed on the notes.
5. To complete the issuance of stock to himself, JAMES NORMAN TUREK caused the resolutions to be sent to a transfer agent to create Plasticon stock certificates. For example, on or about September 27, 2006, he caused a Plasticon board resolution, which provided that Plasticon owed him $1,333,771 pursuant to convertible promissory notes dated August 1, 1989, to July 24, 1997, to be sent to the transfer agent for the issuance of Plastic on stock certificates.
6. In order to circumvent the SEC rules governing the sale of stock by a control person, JAMES NORMAN TUREK purported to give the Plasticon stock that he had received pursuant to the false and backdated promissory notes to nominees, including his children, his elderly aunt, and various other people. In fact, he maintained control over the stock even though his name no longer appeared on the stock certificates. For example, he continued to engage in stock transactions in the name ofhis elderly aunt even after she had died.
7. JAMES NORMAN TUREK entered into agreements to sell stock to various companies ("the investor companies"). He caused his nominees to transfer the Plasticon stock to the investor companies and directed the investor companies to transfer payment for the stock to his private company, LexReal. The investor companies then sold the Plasticon stock to the investing public.
8. JAMES NORMAN TUREK also entered into agreements to pledge stock to investor companies in exchange for loans. He caused his nominees to pledge the Plasticon stock to the investor companies and directed the investor companies to transfer the loan proceeds to his private company, LexReal. When the loans were not repaid, the investor companies received title to the stock. The investor companies sold the Plasticon stock to the investing public.
9. In order to create demand for Plasticon stock by the investing public, JAMES NORMAN TUREK caused Plasticon to issue press releases that contained false and misleading statements about, among other things, Plasticon's profitability. On or about June 17,2005, he caused Plastic on to issue a press release that falsely stated: "Plasticon International is profitable as of the second quarter of2005." On or about June 21,2005, and on or about August 24,2005, he caused Plasticon to issue press releases falsely repeating that Plasticon was profitable as of the second quarter of 2005. In fact, Plasticon lost more than $3 million during the second quarter of 2005, which ended on June 30, 2005. On or about October 4, 2005, he caused Plasticon to issue a press release that falsely stated that Plasticon "has demonstrated profitability." In fact, Plasticon lost more than $5 million during the third quarter of 2005, which ended on September 30, 2005.
10. In order to create demand for Plasticon stock by the investing public, JAMES NORMAN TUREK caused Plasticon to issue a press release that contained false and misleading statements about Plasticon's ownership ofpatents. On or about September 12, 2005, he caused Plasticon to issue a press release that falsely stated that Plasticon "recently received confirmation of the company's patent for the PAC Chair III product, the latest innovation from the company." The press release also falsely stated: "The PAC Chair III is the most recent patent that the company has received." In fact, the patent for the PAC Chair III had been issued to him personally, not to Plasticon. Moreover, on the date ofthe press release, the patent for the PAC Chair III was held in his name and the names of his two sons, not Plasticon.
11. In order to create demand for Plasticon stock by the investing public, JAMES NORMAN TUREK also caused Plasticon to issue press releases that contained false and misleading statements about the value ofPlasticon's patents. On or about May 18, 2005, he caused Plasticon to issue a press release that stated: "Our patents were recently valued at $16 million ...." On or about September 12,2005, he caused Plasticon to issue a press release that stated: "According to an independent appraiser and the federal courts, Plasticon's recycled plastic product patents are valued at $20 million." On or about April 25, 2006, he caused Plasticon to issue a press release that stated: "At present, an independent appraisal of the Company's patents and molds is in excess of $20,000,000.00." In fact, the patents had been valued on or about December 1,2000, several years prior to the issuance of these press releases. Moreover, one patent had lapsed on or about May 11, 2004, another expired on or about March 17,2006, and a third was scheduled to expire on or about February 5, 2008.
12. In order to create demand for Plasticon stock by the investing public, JAMES NORMAN TUREK made false and misleading statements about his receipt of a salary from Plasticon. On or about September 14, 2006, during an interview broadcast on the internet, he stated that he had not taken a salary from Plasticon from 2003 through the first half of 2006 and had been "working for nothing." In fact, on or about March 30, 2004, and on or about April 23, 2004, he caused Plasticon to issue stock with a total value ofmore than $1 million to himself in lieu of his salary and bonus for the years 2003 and 2004. In addition, from 2004 through 2006, he caused Plasticon to issue stock to him as repayment of millions of dollars of false and backdated promissory notes.
13. In order to conceal from the investing public that he was not entitled to receive the stock that he was causing Plasticon to issue to him pursuant to the promissory notes, JAMES NORMAN TUREK caused Plasticon to file with the SEC annual reports on Forms 10-KSB ("Annual Reports") and quarterly reports on Forms 10-QSB ("Quarterly Reports") that contained false and misleading statements concerning the circumstances under which Plasticon had issued the stock. From on or about May 4, 2006, to on or about September 7, 2006, he signed and caused to be filed with the SEC Annual Reports for the years 2004 and 2005 and Quarterly Reports for the first, second, and third quarters of2005 that falsely stated that, during the years 1989 through 2001, he had advanced $2,139,122 to Plasticon in return for promissory notes. In fact, the amount of money, if any, that he had advanced to Plasticon was substantially less than the amount that he caused to be stated in Plasticon's Annual and Quarterly Reports.
---------------
UNITED STATES OF AMERICA V. JAMES NORMAN TUREK
03/03/2011 1 INDICTMENT returned in open court as to James Norman Turek (1) count(s) 1-8, 9-10, 11-13. (Attachments: # 1 Case Assignment) (KJR) (Entered: 03/04/2011)
Doc 1 PDF file
http://viewer.zoho.com/docs/pqcmbd
03/03/2011 1 INDICTMENT returned in open court as to James Norman Turek (1) count(s) 1-8, 9-10, 11-13. (Attachments: # 1 Case Assignment) (KJR) (Entered: 03/04/2011)
Doc 1 PDF file
http://viewer.zoho.com/docs/pqcmbd
03/04/2011 3 ORDER as to James Norman Turek: GRANTING USA's 2 MOTION for Summons; ARRAIGNMENT set for 3/25/2011 at 01:00 PM; dft is directed to contact the USP to arrange an interview re pt release. Signed by Magistrate Judge Robert E. Wier on 3/4/11. (KJR)cc: COR,USM,USP,D (Entered: 03/04/2011)
Doc 3 PDF file
http://viewer.zoho.com/docs/cqcb7f
03/04/2011 5 ORDER as to James Norman Turek - Undersigned Mag Judge RECUSES himself from further service in this matter; REASSIGNED to Mag Judge Atkins. Signed by Magistrate Judge Robert E. Wier on 03/04/2011. (RJD)cc: COR,USM,USP (Entered: 03/04/2011)
Doc 5 PDF file
http://viewer.zoho.com/docs/vqds9
Pacer update 04 Mar 11 USA v. Turek CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Date filed: 03/03/2011
Date of last filing: 03/04/2011
U.S. District Court
Eastern District of Kentucky (Lexington)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00029-JBC All Defendants
Case title: USA v. Turek
Date Filed: 03/03/2011
Assigned to: Judge Jennifer B Coffman
Defendant (1)
James Norman Turek
Pending Counts
Disposition
15:78j(b) & 78ff(a) - 17 CFR 240.10b-5 - 18:2 - MANIPULATIVE AND DECEPTIVE DEVICES
(1-8)
26:7206(1) - DECLARE UNDER PENALTY OF PERJURY
(9-10)
26:7206(2) - FRAUD AND FALSE STATEMENTS
(11-13)
Highest Offense Level (Opening)
Felony
Plaintiff
USA represented by John Patrick Grant
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4904
Fax: 859-233-2658
Email: John.Patrick.Grant@usdoj.gov
ATTORNEY TO BE NOTICED
Kenneth Carl Vert
U.S. Department of Justice - Tax Division - 972
P.O. Box 972
Washington, DC 20044
202-305-9792
Fax: 202-514-8455
Email: kenneth.c.vert@usdoj.gov
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
03/04/2011 5 ORDER as to James Norman Turek - Undersigned Mag Judge RECUSES himself from further service in this matter; REASSIGNED to Mag Judge Atkins. Signed by Magistrate Judge Robert E. Wier on 03/04/2011. (RJD)cc: COR,USM,USP (Entered: 03/04/2011)
03/04/2011 3 ORDER as to James Norman Turek: GRANTING USA's 2 MOTION for Summons; ARRAIGNMENT set for 3/25/2011 at 01:00 PM; dft is directed to contact the USP to arrange an interview re pt release. Signed by Magistrate Judge Robert E. Wier on 3/4/11. (KJR)cc: COR,USM,USP,D (Entered: 03/04/2011)
03/04/2011 Conflict Check run. (KJR) (Entered: 03/04/2011)
03/03/2011 2 MOTION for Summons by USA as to James Norman Turek. (KJR) (Entered: 03/04/2011)
03/03/2011 1 INDICTMENT returned in open court as to James Norman Turek (1) count(s) 1-8, 9-10, 11-13. (Attachments: # 1 Case Assignment) (KJR) (Entered: 03/04/2011)
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Lexington Businessman Indicted For Securities And Tax Fraud
Posted: Mar 4, 2011 2:11 PM
http://www.lex18.com/news/lexington-businessman-indicted-for-securities-and-tax-fraud
The former president of a Lexington-based company was indicted Thursday for securities and tax fraud.
According to the indictment, from 1994 to 2007, James Norman Turek, 65, of Lexington headed Plasticon International, Inc., which produced recycled plastic products.
The indictment alleges that Turek engaged in a securities fraud scheme from 2004 to 2006 in which he promoted Plasticon stock by releasing false and misleading information.
He allegedly mislead potential investors by issuing press releases that falsely inflated Plasticon's profits and the value of its patents. The indictment also alleges that Turek fraudulently issued Plasticon stock to himself by backdating promissory notes that falsely claimed that he had previously loaned millions of dollars to the company. As a further part of his fraud scheme, he allegedly enriched himself by selling Plasticon stock and by directing payments for that stock to be sent to his private company, LexReal Co. LLC.
Turek is also accused of filing false tax returns for the years 2003 through 2007 by substantially under reporting the amount of his income. According to the indictment, he falsely reported income of only $36 in 2003 and no income during 2004 and 2005.
Turek is currently scheduled to appear in United States District Court in Lexington on March 25, 2011, at 1 p.m. If convicted, Turek faces a maximum prison sentence of 20 years. However, any sentence following conviction would be imposed by the court after consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of sentences.
http://www.lex18.com/news/lexington-businessman-indicted-for-securities-and-tax-fraud
Michael RODRIGUEZ Corporations
http://www.accessidaho.org/public/sos/corp/search.html?ScriptForm.startstep=crit
IDAHO SECRETARY OF STATE
BOUGHT BY THE BLOOD, LLC
4470 E COLUMBIA RD
MERIDIAN, ID 83642
Type of Business: LIMITED LIABILITY COMPANY
Status: EXISTING 26 Mar 2008
State of Origin: IDAHO
Date of Origination/Authorization: 26 Mar 2008
Current Registered Agent:
MICHAEL RODRIGUEZ
4470 E COLUMBIA RD
MERIDIAN, ID 83642
File Number: W72741
Date of Last Annual Report:
Original Filing:
Filed 26 Mar 2008
ARTICLES OF ORGANIZATION
Amendments:
-------------------------------
CBC INVESTMENTS OF IDAHO, LLC
4470 E COLUMBIA RD
MERIDIAN, ID 83642
Type of Business: LIMITED LIABILITY COMPANY
Status: EXISTING 26 Mar 2008
State of Origin: IDAHO
Date of Origination/Authorization: 26 Mar 2008
Current Registered Agent:
MICHAEL RODRIGUEZ
4470 E COLUMBIA RD
MERIDIAN, ID 83642
File Number: W72740
Date of Last Annual Report:
Original Filing:
Filed 26 Mar 2008
ARTICLES OF ORGANIZATION
Amendments:
Interesting, Dee Van Tassell who owns Damsonite International, Pearls by Van Tassell and other ventures filed a Form 144 to sell 12,032,593 formerly restricted shares of MDGC on 2/22/11:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=60336824
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=60339174
Van Tassel is another person from Boise, who like Michael Rodriguez, had business dealings with Turek in TBLU. Rodriguez was also on the BOD of PLNI.
MDGC moved to Boise when Val Westergard became CEO.
As I said, interesting...
The website that hosted these DashSmart web pages, http://www.centralsystems.us , is owned by Val Westergard and has been used for several of his personal business links, the current Chairman/CEO of MDGC (MediaG3) which has many characteristics similar to Turek's TBLU and PLNI scams. Westergard is in Boise as is Michael Rodriguez, the registered owner of DashMart Investments LLC.
I accessed these pages on Friday night and they were all active. As of today, the entire central systems website has been taken down through the domain server. Some pages can be found through the web archives. Rodriguez was also a member of the BOD of Plasticon.
I wonder what the connection might be?
centralsystems.us
Registrant:
Media Technologies
4270 E Granger Dr
Meridian, Idaho 83646
United States
Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Domain Name: CENTRALSYSTEMS.US
Created on: 28-Nov-02
Expires on: 27-Nov-11
Last Updated on: 04-Dec-10
Administrative Contact:
Westergard, VR vwmedia@gmail.com
Media Technologies
4270 E Granger Dr
Meridian, Idaho 83646
United States
+1.2083232700
Technical Contact:
Westergard, VR vwmedia@gmail.com
Media Technologies
4270 E Granger Dr
Meridian, Idaho 83646
United States
+1.2083232700
Domain servers in listed order:
NS1.IPOWERWEB.NET
NS1.IPOWERDNS.COM
http://who.godaddy.com/whois.aspx?k=L2RGlqrsB9A2OJi5OeE72L0K/XWEAF96&domain=centralsystems.us&prog_id=GoDaddy
Easier link: http://www.networksolutions.com/whois-search/centralsystems.us
Pacer update 11 Feb 11 Case Number 5:08-cv-00395-JBC Securities And Exchange Commission v. Turek et al
Date Filed # Docket Text
02/11/2011 56 Mail Returned as Undeliverable. Mail sent to James Turek re 52 Order on Motion for Permanent Injunction, 53 Judgment. Mail resent to Turek at address noted on forwarding order label. (STB) (Entered: 02/11/2011)
02/04/2011 55 JUDGMENT: this action CLOSED and STRICKEN from active docket. Signed by Judge Jennifer B Coffman on 2/4/2011.(STB)cc: COR, J. Turek (Entered: 02/04/2011)
02/04/2011 54 ORDER, 51 MOTION to Dismiss by Securities And Exchange Commission GRANTED; Promotional Containers, Inc., Telcoblue, Inc., Lexreal Co. LLC and Plasticon International, Inc. DISMISSED WITHOUT PREJUDICE; 39 MOTION for Summary Judgment by Securities And Exchange Commission DENIED AS MOOT. Signed by Judge Jennifer B Coffman on 2/4/2011.(STB)cc: COR, J Turek Modified cc on 2/4/2011 (STB). (Entered: 02/04/2011)
02/04/2011 53 JUDGMENT in favor of Securities And Exchange Commission against James N. Turek. Terms of Judgment as noted herein. Signed by Judge Jennifer B Coffman on 2/4/2011.(STB)cc: COR (Entered: 02/04/2011)
02/03/2011 52 ORDER OF PERMANENT INJUNCTION AND OTHER RELIEF: granting 50 Uncontested Motion for Permanent Injunction. Terms as noted in order. Signed by Judge Jennifer B Coffman on 2/3/2011. (STB)cc: COR, J. Turek. Modified cc on 2/3/2011 (STB). (Entered: 02/03/2011)
Defendant James N. Turek
jnturek@gmail.com; cell phone 859-806-0999
represented by James N. Turek
1795 Alysheba Way
Suite 3105
Lexington, KY 40509
859-368-8908
Defendant
Plasticon International, Inc.
Defendant
Lexreal Co. LLC
Defendant
Promotional Containers, Inc.
Defendant
Telcoblue, Inc.
PRO SE
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
COURT ENTERS FINAL JUDGMENT AGAINST THE FORMER PRESIDENT AND CEO OF PLASTICON INTERNATIONAL, INC. JAMES N. TUREK PURSUANT TO SETTLEMENT
Litigation Release No. 21849 / February 10, 2011
Securities and Exchange Commission v. James N. Turek, et al., Civ. No. 08CV-395 JBC (E.D. Kentucky).
COURT ENTERS FINAL JUDGMENT AGAINST THE FORMER PRESIDENT AND CEO OF PLASTICON INTERNATIONAL, INC. JAMES N. TUREK PURSUANT TO SETTLEMENT
The United States Securities and Exchange Commission announced today that the United States District Court for the Eastern District of Kentucky entered a Final Judgment on February 4, 2011, in a civil action against James N. Turek (“Turek”), the former president and CEO of Plasticon International, Inc. (“Plasticon”), a Wyoming based manufacturer utilizing recycled plastics. Turek, without admitting or denying the Commission’s allegations, consented to the entry of a Final Judgment that enjoins him from violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder; finds him liable for disgorgement of $2,600,000, plus prejudgment interest in the amount of $557,836.41; prohibits him from acting as an officer or director of a public company for 5 years; and bars him from participating in any offering of penny stock. Based on Turek’s Statement of Financial Condition, the Court did not order Turek to pay a civil penalty, and waived payment of disgorgement and prejudgment interest.
According to the SEC’s complaint in this matter, between at least January 2005 and April 2007, Turek fraudulently misappropriated for personal use at least $2.8 million of proceeds from a $8 - $11 million unregistered, multi-state securities offering by Plasticon, the public company controlled by Turek. Turek previously represented to investors that the proceeds from the offering would be used in Plasticon’s business. The complaint further alleged that between at least May 2005 and April 2006, Turek and Plasticon made false and misleading press releases relating to Plasticon’s financial condition, Plasticon’s ownership of patents and the value of those patents, and Plasticon’s outstanding shares. During this period Plasticon’s stock price increased dramatically, apparently in response to those false and misleading press releases. Finally, the complaint alleged that Turek and Plasticon engaged in an unregistered, non-exempt distribution of Plasticon shares.
http://www.sec.gov/litigation/litreleases/2011/lr21849.htm
Based on the sworn representations in the Statement of Financial Condition of James N. Turek dated September 22, 2008 and updated August17, 2010, and other documents and information submitted to the Commission, the Court is not ordering Defendant to pay a civil penalty, and payment of $3,157,836.41 disgorgement and pre-judgment interest is waived.
That the Order provide that the determination not to impose a civil penalty and to waive payment of disgorgement and prejudgment interest is contingent upon the accuracy and completeness of Defendant’s Statement of Financial Condition and that if at any time following the entry of the final judgment the Commission obtains information indicating that Defendant’s representations to the Commission concerning his assets, income, liabilities, or net worth were fraudulent, misleading, inaccurate, or incomplete in any material respect as of the time such representations were made, the Commission may, at its sole discretion and without prior notice to Defendant, petition the Court for an order requiring Defendant to pay the unpaid portion of the disgorgement, pre-judgment and post-judgment interest thereon, and the maximum civil penalty allowable under the law.
In connection with any such petition, the only issue shall be whether the financial information provided by Defendant was fraudulent, misleading, inaccurate, or incomplete in any material respect as of the time such representations were made.
Doc 50 PDF file
http://viewer.zoho.com/docs/hdPbzi
01/27/2011 50 UNCONTESTED MOTION for Permanent Injunction by Securities And Exchange Commission (Attachments: # 1 Consent of James Turek, # 2 Proposed Order)(Gegenheimer, Nancy) Modified text on 1/28/2011 (STB). (Entered: 01/27/2011)
01/27/2011 50 UNCONTESTED MOTION for Permanent Injunction by Securities And Exchange Commission (Attachments: # 1 Consent of James Turek, # 2 Proposed Order)(Gegenheimer, Nancy) Modified text on 1/28/2011 (STB). (Entered: 01/27/2011)
Doc 50 PDF file
http://viewer.zoho.com/docs/hdPbzi
Doc 50-1 PDF file
http://viewer.zoho.com/docs/odQFM
Doc 51-2 PDF file
http://viewer.zoho.com/docs/fdQcjg
Document Number: 50 6 pages 29 kb
Attachment Description
1 Consent of James Turek 7 pages 244 kb
2 Proposed Order 6 pages 28 kb
Extract - Doc 50 PDF file
6. That Defendant is liable for disgorgement of $2,600,000, together with prejudgment interest thereon in the amount of $557,836.41, for a total amount of $3,157,836.41. Based on the sworn representations in the Statement of Financial Condition of James N. Turek dated September 22, 2008 and updated August17, 2010, and other documents and information submitted to the Commission, the Court is not ordering Defendant to pay a civil penalty, and payment of $3,157,836.41 disgorgement and pre-judgment interest is waived. That the Order provide that the determination not to impose a civil penalty and to waive payment of disgorgement and prejudgment interest is contingent upon the accuracy and completeness of Defendant’s Statement of Financial Condition and that if at any time following the entry of the final judgment the Commission obtains information indicating that Defendant’s representations to the Commission concerning his assets, income, liabilities, or net worth were fraudulent, misleading, inaccurate, or incomplete in any material respect as of the time such representations were made, the Commission may, at its sole discretion and without prior notice to Defendant, petition the Court for an order requiring Defendant to pay the unpaid portion of the disgorgement, pre-judgment and post-judgment interest thereon, and the maximum civil penalty allowable under the law. In connection with any such petition, the only issue shall be whether the financial information provided by Defendant was fraudulent, misleading, inaccurate, or incomplete in any material respect as of the time such representations were made. In its petition, the Commission may move this Court to consider all available remedies, including, but not limited to, ordering Defendant to pay with funds or other assets, directing the forfeiture of any assets, or sanctions for contempt of the final judgment. The Commission may also request additional discovery. Defendant may not, by way of defense to such petition: (1) challenge the validity of the Consent or this Final Judgment; (2) contest the allegations in the Complaint filed by the Commission; (3) assert that payment of disgorgement, pre-judgment and post judgment interest or a civil penalty should not be ordered; (4) contest the amount of disgorgement and pre-judgment and post judgment interest; (5) contest the imposition of the maximum civil penalty allowable under the law; or (6) assert any defense to liability or remedy, including, but not limited to, any statute of limitations defense.
Entry of the proposed order for permanent injunction, resolves all the issues in this case. There being no reason for delay, the SEC respectfully requests pursuant to Fed. R.Civ.P. 54(b) that a final judgment be entered.
Dated: January 27, 2011
Respectfully submitted,
s/Nancy J. Gegenheimer
Nancy J. Gegenheimer
U.S. Securities and Exchange
------------------
Case: 5:08-cv-00395-JBC-REW Doc #: 50 Filed: 01/27/11
Pacer update 28 Jan 11 Case Number 5:08-cv-00395-JBC Securities And Exchange Commission v. Turek et al
Date Filed # Docket Text
01/28/2011 ***MOTION SUBMITTED TO CHAMBERS of Judge Coffman for review: re 39 MOTION for Summary Judgment by Securities And Exchange Commission and Brief in Support, 50 UNCONTESTED MOTION for Permanent Injunction by Securities And Exchange Commission, 51 UNCONTESTED MOTION to Dismiss by Securities And Exchange Commission (STB) (Entered: 01/28/2011)
01/27/2011 51 UNCONTESTED MOTION to Dismiss by Securities And Exchange Commission (Attachments: # 1 Proposed Order)(Gegenheimer, Nancy) Modified text on 1/28/2011 (STB). (Entered: 01/27/2011)
01/27/2011 50 UNCONTESTED MOTION for Permanent Injunction by Securities And Exchange Commission (Attachments: # 1 Consent of James Turek, # 2 Proposed Order)(Gegenheimer, Nancy) Modified text on 1/28/2011 (STB). (Entered: 01/27/2011)
Defendant James N. Turek
jnturek@gmail.com; cell phone 859-806-0999
represented by James N. Turek
1795 Alysheba Way
Suite 3105
Lexington, KY 40509
859-368-8908
Defendant
Plasticon International, Inc.
Defendant
Lexreal Co. LLC
Defendant
Promotional Containers, Inc.
Defendant
Telcoblue, Inc.
PRO SE
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Hi, buddy! Thanks for all your DDs and information! Maybe we can put
something together now. Can you add me to the board? Thanks a lots!
Pacer update 02 Dec 10 Case Number 5:08-cv-00395-JBC Securities And Exchange Commission v. Turek et al
Date Filed # Docket Text
12/02/2010 49 ORDER: The parties shall file a status report regarding approval of the settlement on or by January 31, 2011. cc: COR Modified text on 12/6/2010. (LGM) (Entered: 12/02/2010)
12/01/2010 NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re File Submitted. Error: File submit entry incorrectly indicated submission to Judge Jennifer Caldwell; Entry by Clerk; Correction: Text modified to correctly indicate file submitted to Judge Jennifer B. Coffman; no steps need be taken by counsel. cc: COR (LGM) (Entered: 12/02/2010)
11/30/2010 ***FILE SUBMITTED TO CHAMBERS of Jennifer B. Coffman for review: 48 Status Report. Modified text on 12/1/2010 (LGM). (Entered: 11/30/2010)
Defendant James N. Turek
jnturek@gmail.com; cell phone 859-806-0999
represented by James N. Turek
1795 Alysheba Way
Suite 3105
Lexington, KY 40509
859-368-8908
Defendant
Plasticon International, Inc.
Defendant
Lexreal Co. LLC
Defendant
Promotional Containers, Inc.
Defendant
Telcoblue, Inc.
PRO SE
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
I am very interested in this stock due to the extremely undervalued.
Would you please add me to the board? Thanks in advance for effort!
Does the document mean the common stock TBLU will soon be traded on
the Pink Sheets or even OTCBB (if they finish the 10-Q/10-K filings) again? TBLU may replicate ETLS (soared from 0.0001 to 0.011) because
both stocks have the almost same OS counts & the same bottom 0.0001.
11/29/2010 48 STATUS REPORT by Securities And Exchange Commission. (Gegenheimer, Nancy) (Entered: 11/29/2010)
Doc 48 PDF file
http://viewer.zoho.com/docs/ccdcdbR
Pacer update 29 Nov 10 Case Number 5:08-cv-00395-JBC Securities And Exchange Commission v. Turek et al
Date Filed # Docket Text
11/29/2010 48 STATUS REPORT by Securities And Exchange Commission. (Gegenheimer, Nancy) (Entered: 11/29/2010)
Defendant James N. Turek
jnturek@gmail.com; cell phone 859-806-0999
represented by James N. Turek
1795 Alysheba Way
Suite 3105
Lexington, KY 40509
859-368-8908
Defendant
Plasticon International, Inc.
Defendant
Lexreal Co. LLC
Defendant
Promotional Containers, Inc.
Defendant
Telcoblue, Inc.
PRO SE
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
Thanks for your advice! Would you please add me to the board? I will
work out a nice I-Box page for all the shareholders. Thanks again.
I think that is unlikely, but you could ask.
I own 1M shares. Do you think I would get any cash payment from CEO?
THANKS HOLDING 300,000 ROB
When the Securities and Exchange Commission (SEC) enforces a civil action against a corporation or an individual found guilty of violating SEC regulations, there's a good chance that some sort of fine will be imposed. The money from these fines goes back to investors who have been victims of securities law violations.
Monetary penalties levied by the SEC fall into two categories: civil money penalties and disgorgements. Civil penalties are usually fines paid by defendants found liable for damages to the state. In the past, civil money penalties went to the U.S. Department of the Treasury, which was apparently negatively affected by the wrongdoing of the party found liable. A civil money penalty is meant to be punitive, and its value will usually be similar to the monetary value of the individual or company's ill-gotten gains.
The second type of penalty is called a disgorgement. This penalty is a remedial civil action meant to restore the funds that were received through illegal or unethical business transactions with interest to those affected by the illegal activities. For example, when Martha Stewart sold ImClone (Nasdaq: IMCL) stock on non-public material information given to her by her broker, she was ordered to disgorge $45,673, the amount that Stewart would have lost had she not made the insider trade.
With the passing of the Sarbanes-Oxley Act in 2002, the courts gave the SEC the ability to distribute disgorgement money (plus interest judged owing on it) and civil money penalties received to the victims of securities law violations through the Fair Funds for Investors provision.
(For more information on white collar crime, see Handcuffs and Smoking Guns: The Criminal Elements of Wall Street and Defining Illegal Insider Trading.)
http://www.investopedia.com/ask/answers/05/SECfines.asp
I HAVE LOST MY $$$$$$$$$$ ON THIS > STILL SHOWS UP ON MY ETRADE ACCTOUNT. I KNOW YOU HAVE BEEN FOLLOWING THIS FOR SOMETIME, WHAT ARE YOUR THOUGHTS ABOUT THE NEAR FUTURE OF SHAREHOLDERS ?? THANKS FOR YOUR UPDATES > ROB
10/27/2010 46 MOTION to Vacate Pretrial Conference and Trial by Securities And Exchange Commission (Gegenheimer, Nancy) Modified text on 10/28/2010. (LGM) (Entered: 10/27/2010)
Doc 46 PDF file
http://viewer.zoho.com/docs/mEe3d
10/28/2010 47 ORDER: PTC on 11/4/2010 and JURY TRIAL on 12/6/2010 are CANCELED AND SET ASIDE. SEC shall file status report re approval of settlement NLT 30 days from date of this Order. Signed by Judge Jennifer B Coffman on 10/28/2010.(STB)cc: COR,D,JC, J. Turek (Entered: 10/28/2010)
Doc 47 PDF file
http://viewer.zoho.com/docs/mEe3d
Pacer update 28 Oct 10 Case Number 5:08-cv-00395-JBC Securities And Exchange Commission v. Turek et al
Date Filed # Docket Text
10/28/2010 47 ORDER: PTC on 11/4/2010 and JURY TRIAL on 12/6/2010 are CANCELED AND SET ASIDE. SEC shall file status report re approval of settlement NLT 30 days from date of this Order. Signed by Judge Jennifer B Coffman on 10/28/2010.(STB)cc: COR,D,JC, J. Turek (Entered: 10/28/2010)
10/27/2010 46 MOTION to Vacate Pretrial Conference and Trial by Securities And Exchange Commission (Gegenheimer, Nancy) Modified text on 10/28/2010. (LGM) (Entered: 10/27/2010)
Defendant James N. Turek
jnturek@gmail.com; cell phone 859-806-0999
represented by James N. Turek
1795 Alysheba Way
Suite 3105
Lexington, KY 40509
859-368-8908
Defendant
Plasticon International, Inc.
Defendant
Lexreal Co. LLC
Defendant
Promotional Containers, Inc.
Defendant
Telcoblue, Inc.
PRO SE
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
08/18/2010 45 MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 8/18/2010 before Magistrate Judge Robert E. Wier: This matter stands conditionally settled pending approval of terms by Commission & by District Court. Signed by Magistrate Judge Robert E. Wier on 8/18/2010. (Court Reporter None.) (STB)cc: COR (Entered: 08/18/2010)
Doc 45 PDF file
http://viewer.zoho.com/docs/cpuaV
Pacer update 16 Aug 10 Case Number 5:08-cv-00395-JBC Securities And Exchange Commission v. Turek et al
Date Filed # Docket Text
08/18/2010 45 MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 8/18/2010 before Magistrate Judge Robert E. Wier: This matter stands conditionally settled pending approval of terms by Commission & by District Court. Signed by Magistrate Judge Robert E. Wier on 8/18/2010. (Court Reporter None.) (STB)cc: COR (Entered: 08/18/2010)
Defendant James N. Turek
jnturek@gmail.com; cell phone 859-806-0999
represented by James N. Turek
1795 Alysheba Way
Suite 3105
Lexington, KY 40509
859-368-8908
Defendant
Plasticon International, Inc.
Defendant
Lexreal Co. LLC
Defendant
Promotional Containers, Inc.
Defendant
Telcoblue, Inc.
PRO SE
https://ecf.kyed.uscourts.gov/cgi-bin/iquery.pl
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