https://www.youtube.com/watch?v=xLpfbcXTeo8
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Of course, while he is in Federal prison he is also subject to any new charges that the SEC and DOJ might bring for later unrelated criminal acts or violations of securities laws. And the IRS and California Franchise Tax Board may have some things to keep him busy with also.
So besides his day job mowing lawns, trimming hedges, scrubbing toilets and showers, working in food prep, painting buildings, or whatever he gets assigned to - he will have plenty of legal matters to occupy his limited free time.
So, not a "think tank" by any measure.
But once his BOP record is on the Inmate Locator website and his facility and inmate number are published, we can all send him mail and greeting cards to cheer him up.
I suspect his lawyer asked the judge to request FCI-Dublin (over in the East Bay by Pleasanton), FCI-Lompoc, or FCI-Terminal Island). Unfortunately for him, these facilities are packed and in high demand by requests for transfers by California residents who have already been housed far away (often in Texas or the Midwest) and they have priority on the waitlist. The BOP has no obligation to take notice of the judge's recommendation and will place him at any facility that has available bedspace and that they want to fill. The Federal system is packed and bedspace is at a premium.
He could easily wind up in a real hellhole like FCI-Beaumont, Texas (often locked down for violence and riots - known as "Bloody Beaumont") or a frozen wasteland like FCI-Duluth. The BOP moves inmates to wherever is most convenient for the BOP.
Within about a month or so after he is taken in and processed to his ultimate facility, his record will pop up on the Inmate Locator website and we'll know where he is at and where we can write to him.
He will need cheering up. First-time inmates frequently cry themselves to sleep the first month. It is extremely depressing and you are low-man on the totem pole so you get picked on and given all the sh*t work. Most suicides occur in the first three months - if he makes it past the initial 90 days, he will likely make it for the whole term OK.
"He is a technical engineer that is going to a think tank to continue to do what he does best which is innovate future amazing products."
Really? So you think Federal prison is a "think tank"? David Foley enters the Federal Bureau of Prisons on 27 March 2014 and while he is in prison, he will have NO computer access except law library computers (usually only on Saturdays) to search law databases and word process.
He will have NO internet access except TruLINCS the Federal prison monitored email system which allows prisoners to send and receive emails to a very limited number of pre-approved recipients.
He will be PROHIBITED from transacting ANY BUSINESS or communicating any business-related information while in prison - no exceptions.
He will be awakened every weekday at 5:45AM, eat breakfast, make his bunk and clean his cubicle, and dress for work. Work detail starts at 7:30AM and continues until 3PM with lunch at 11AM. When he returns to his housing unit at 3:30PM, he has 30 minutes to get ready for dinner which is right after the 4PM standing count. By 6PM he will be back in the TV lounge or his bunk - lights out at 10 or 10:30PM.
Kinda hard to consider that a "think tank" environment.
No web surfing in the joint. No cellphones or smartphones. No reading online journals or tech news. Nope, only allowed a limited number of magazine subscriptions and can only have 2-5 books in possession at any time - if you order books, you have to get rid of some so you don't exceed the facilities limit of 2-5. You contribute them to the BOP and will not get them back.
Kinda hard to do much technical reading and keep up with the industry while you're doing time and working as a landscaper/janitor/maintenance/food worker or in UNICOR industries 8 hours a day.
"Think tank" - I don't think so.
David Foley will NOT like his two years in Federal prison. Even at the FCI-Low facilities where he will be, there are typically 50 percent black, 30 percent Hispanic and whites are a definite minority and are treated as such. Foley will NOT like that. But his Spanish will improve. That will certainly be a learning experience. When he gets out, he will have had 20.4 months without programming a single line of code.
Yes, David Foley is in for quite an experience. Think-tanking will not be part of it.
Where do you think Alfie gets the money for his paycheck and his ski trips from?
Joe Canouse
Joe's toxic convertible notes are what funds Alfie's fun.
And Alfie did not kick Joe off the BOD, Joe wanted off so he would not have a legal requirement as a director to file with the SEC all of his converted share sales that he's been dumping through VNDM for months now.
And the ONLY licensed water source in Cove, OR is pH7.4 - their well analysis certificate is filed annually with the State of Oregon. This is the exact same source used for Wal-Mart and Fred Meyer store housename bottled water.
FACT: All of Alfie's water is made alkaline by an IONIZER. NOT from a source that is pH 9.5 out of the well.
Alfie and Joe Canouse need to come clean and disclose the reverse split share ratio.
I'd guess 1 for 1,500 or maybe 1 for 10,000.
And those Q3 financials are long overdue.
Alfie needs to cough up and inform his suffering shareholders of their next beatings.
It's Wal-Mart water and Fred Meyer water than has been subjected to an ionizer. Water from a well that was originally drilled for IRRIGATION water and the same water bottled there at the same source for Wal-Mart and Fred Meyer stores.
No special water at all.
David Foley is a proven liar. He has been convicted on multiple FRAUD counts. Fraud requires lies.
I wouldn't believe a damn thing this FELON says.
85 percent does NOT vary in the Federal system. It is fixed by law.
Foley will only get credit for time served starting 27 March 2014 because he has not been incarcerated for any time previously - he was out on bail.
He will be in Federal prison for 20.4 months beginning 27 March 2014. No ifs, ands, or butts.
Unless of course he is charged and convicted of new charges before his release date. In which case he may have an "extended stay" hotel at the Bureau of Prisons.
Now you know he is going to FEDERAL prison, so your nonsense about state prison systems was totally irrelevant.
It makes no difference if an appeal is pending or not. David Foley has a court-ordered surrender date of 27 March 2014 and he WILL be going to Federal prison on that date.
That's a simple fact.
No, he will do 20.4 months - 85 percent of his 24 month Federal sentence. That is 621 days. There is no "good behavior good time" in the Federal system any more.
You do 85 percent of your sentence.
There is ONLY ONE LICENSED SOURCE in Cove, Oregon. And they fill bottled water for Wal-Mart and Fred Meyer. It comes out of a deep artesian well at pH 7.4 and then for Alfie somebody artificially changes the pH with an ionizer.
By the time he moves to a halfway house in 2016, the SEC and DOJ will likely be on him for NTEK.
I'm amazed that he's promoting his stock on message boards. He either has some self-destructive mental issues, is some kind of wacky risk-loving freak, or he's corrupt as all hell.
I'll leave it to you to guess which of those is more likely.
What's the reverse split ratio going to be? 1 for 100, 1 for 1,000, or 1 for 10,000?
Alfie and Joe should disclose the ratio and the record date - and they still need to file Q3 financials, which are late.
Alfie and Joe should announce the reverse split ratio and file the Q3 financials. It's getting late.
Starring Jim Nabors as Rufus Paul Harris and Don Knotts as Jim Bolt.
"Who are you and what did you do with nodummy?"
I am that I am.
Nodummy is being held outside the country and being waterboarded for suspected terrorism. He will then be subjected to the water test: if he floats to the surface within 10 minutes, he is an infidel and must be killed, if he sinks and stays underwater for 10 minutes or more, we have erred and detained an innocent man.
If somehow he survives the test, then we call in the gimp.
CWIR was one of several scams run out of Sarasota by the Texas gang led by Lee Matzig. Another one was AVSG (Avid Sportswear) out of Sarasota and LOCH (Loch-Harris) out of Austin, TX.
Same group.
CWIR used to be DRYD (Dryden).
Robert Lee Matzig, Christopher Curtis, and some others were in all of them. Texas boys. Bucky Lyon was also involved with this gang, but not necessarily on DRYD/CWIR.
CWIR was one of several scams run out of Sarasota by the Texas gang led by Lee Matzig. Another one was AVSG (Avid Sportswear) out of Sarasota and LOCH (Loch-Harris) out of Austin, TX.
Same group.
CWIR used to be DRYD (Dryden).
Robert Lee Matzig, Christopher Curtis, and some others were in all of them.
We'll have to see what is in an appeal brief if any is filed. I would expect the LAST thing he should want would be a jury trial. He then faces trial on all the original charges PLUS he has already clearly admitted his guilt and the facts underlying the crimes in the plea agreement, which would be conclusive evidence against hi on AT LEAST those specific counts.
So, BEST CASE, a jury trial would result in conviction on the counts he has already pleaded to AND his sentence would be much higher. Significantly higher.
That strategy would be a huge mistake.
Plus he is only allowed to appeal the NEGOTIATION of the plea agreement by his counsel, which he would claim was ineffective. Not the sentencing itself, which is done by the court. This is where I think he is very confused.
We can later walk through why the limitation to the NEGOTIATION of the plea agreement will not get him what he wants - which is a resentencing and recalculation of his guidelines level and criminal history zone.
Before he files any appeal based on sentencing, he should first submit a motion to reconsider to the original trial court.
FCI-Lompoc is not at all unpleasant. Lompoc has one of the cushiest Low camps anywhere. Terminal Island is nice because you can watch the Sandy Eggo harbor traffic through the chain link fence. Both are pretty plush.
You don't get put into a USP just for minor infractions like conducting business. You get disciplinary actions take at the FCI-Low or Lowcamp levels like restriction of visiting, no commissary, etc.
Have you read paragraph 5 of his plea agreement?
"I agree not to file any collateral attack on my conviction or sentence, including a petition under 28 USC 2255 or 28 USC 2241..."
BTW, he's already had two different legal counsels from two different firms before he signed that plea agreement.
What's he going to allege? That they were both ineffective?
If he thought he had ineffective counsel, the pathway is NOT to sign a plea agreement and admit that you committed crimes and the underlying acts on the record. What a FOOL.
Furthermore, if the plea agreement is void, it is STILL usable as evidence against him in trial. He signed a statement that the stated facts are true. He cannot avoid those admissions even with a voided plea agreement. It would not be legally operative, but it is still evidence and an admission against interest.
So in any follow-on trial, the plea agreement is evidence against him for the statements therein which he stated are facts.
The DoJ gamed him. He has no outs except worse alternatives. Any retrial and the plea agreement is evidence and his admission that the statements therein are true. Which results in another conviction. And this time without the benefits of an operative plea agreement to limit his sentence guidelines calculation and will also remove his credit for accepting guilt that was used for the downward departure.
The idiot thinks he was clever, but he just screwed himself.
This idiot Foley hasn't read his plea agreement. It is void if he appeals his conviction or his sentence. So now the DoJ is free to refile the remaining counts against him that were dismissed on their motion without prejudice.
More importantly, if he prevails in his appeal and a resentencing is ordered, the plea agreement is void and the DoJ can and will push for a much longer sentence.
What great irony if he wins his appeal (which is possible, but not likely) and then gets resentenced to a much longer term (which is likely if he does get his case remanded for resentencing). The resentencing will be de novo and can exceed ever the upper range from the prior calculation since the DoJ will withdraw their recommendations AND introduce the new fact that he breached his plea agreement and thus shows an ongoing contempt for the law - which is another factor in calculating his level for the guideline range calculation.
In para 5 he reserves his right to appeal based on ineffective counsel in NEGOTIATING his plea agreement - but the result of that is only to void the agreement if he succeeds. So either way, he loses.
Until 2031....
Where is GailsWaters and the grand conspiracy that Roofie was going to blow the top off of?
Who is collecting all the interest on those fictional Venezuelan bonds?
Somebody has to stuff money into Roofies commissary account until 2013 so he can buy shower slippers and ramen noodles.
Get to work, Anissa!
What will be the reverse split record date? Alfie and Joe should really come out and announce this stuff.
Duh. Eisenberg is making restitution to the "approximately 30 or so individuals or entities [he sold SPNG shares to] through Asset Management"
Simply take the time to read Defendant's Sentencing Memorandum that is posted by scion as a PDF file. It is all explained there - READ it.
READ the court documents and the Spongetech facts are not hard to understand. Duh.
So what will the reverse split ratio be when Alfie and Joe finally spring the news - 1 for 1000, 1 for 10,000?
Spongetech owns NOTHING. It has been liquidated in Chapter 7. Creditors are owed more than the liquidated assets. All assets are sold for the benefit of creditors, who will get pennies on the dollar for their claims. It's over.
GAME OVER. Chapter 7 is dissolution of the corporation. It will be formally dissolved, as it has zero assets surviving liquidation. That is Chapter 7.
Have Alfie and Joe revealed the reverse split ratio yet?
Moskowitz created Bomart just as he created Flo Weinberg and the fake, forged letters he submitted to the NYC tax court and they rejected as faked.
He has a long history of this.
Oh what a SCAM. Randy Hoff's silly little attempt to play in a sandbox that is waaay too big for him - trying to pull a pennystock scam.
All he gets out of this is a long vacation in Federal prison for securities fraud. How sad and how stupid of him.
What a failed little woodcutter who thought he was a "playah" does to his own future - destroying it - in a failed quest to scam dumb people out of money.
Yawn. More tinfoil "facts". GECC's ex-CEO Jim Bolt has nothing to trade. His trading time is over. The Feds don't let a suspect plead out and dismiss the remaining charges if they intend to use them as a cooperating witness - they have them plead out to one crime and leave the remaining counts pending to use as leverage to make sure the witness cooperates. So, the Feds would have punted their leverage to make a known liar be a good cooperating witness by dismissing the remaining counts. NOT what you do when you are milking a crook for information and testimony to use against others. BTW, murder is a STATE count, so the Feds don't have any leverage on Jimbo anymore once he's pleaded out of the fraud and money laundering counts. The Feds don't give up leverage if they plan to use a witness in a future prosecution.
Second, what is your source that Bremer plead guilty? What is your source that he claimed Bolt put him up to it?
Please don't say it was a newspaper article quoting an FBI agent. The FBI does not disclose such information on ongoing investigations - plus murder is a state count - there is no Federal crime charged to Bremer - the FBI would not be interrogating Bremer about a murder. But FBI agents have been known to make up bogus claims to keep suspects from getting bail. Especially when they claim hearsay that can later be explained as "a miscommunication". No harm, no foul, and the crook stays in jail and bail is denied.
So, where is your source Bremer has pleaded guilty to murder? Where in his plea allocution - where he must confess the crime in open court - did he state Jimbo told him to do the murder?
And don't cite some Alex Jone's website or Art Bell moonie radio show for your "evidence". Keep the sasquatch and chupacabra out of it.
Yawn. Take off the tinfoil hat, dude. GECC's ex-CEO Jim Bolt just pleaded guilty to 3 Federal crimes that can net him as much as 30 years if he gets the maximum and consecutive sentencing.
If he had any juice on his former GECC co-conmen, he would have used it already.
You claim Fred Bremer pleaded guilty. I haven't seen that, but if he did he would have spilled anything he had in that plea deal - and Bolt hasn't even been charged with anything regarding the murder.
If Bremer or Bolt actually had any info or testimony to trade, they would have done it before pleading out to major prison time.
Recall that Bolt already rolled over on Bremer, and that is why Bremer got charged.
Yet none of your Vast Rightwing Conspiracy has been arrested, charged, or subpoenaed.
"Similarly, a Costco representative testified that "what we do is say, 'are you paying other discounts or what is your menu of discounts,' and if slotting is on there, we want to get the same bottom line . . .. Whether they call it a slotting allowance or advertising allowance or promotional allowance doesn't make a lot of difference." (FTC Report, Eagan Tr. at 61.)"
"Wal-Mart contracts with suppliers over shelf space, including the provision of particularly desirable promotional shelf space. But because Wal-Mart is compensated for shelf space primarily with lower wholesale prices, the arrangements are not considered slotting contracts."
"Inter-retailer competition considerations also explain why Wal-Mart accepts promotional shelf space payments primarily in the form of lower wholesale prices"
http://www.justice.gov/atr/public/hearings/single_firm/docs/219950.htm
The Department of Justice says that Wal-Mart receives compensation for slotting products. But it doesn't segregate that as a separate payment, it rolls it into a much lower wholesale price. Instead of writing a separate check to Wal-Mart, the de facto slotting fee is reflected in a radical reduction in wholesale price to them.
Like giving Wal-Mart sponges at a LOSS and selling to them BELOW COST in order to get shelf space.
Oh, and they paying people to go to various Wal-Mart stores and buy them back using company money to purchase them at a huge loss. Like happened with SPNGQ.
Right now - 6:34PM (Central) - GECC's ex-CEO Jim Bolt is watching the NFC Conference Championship game on TV in the Washington County jail. In the TV/day lounge.
That is the most enjoyable thing about the game. Knowing that Jim is watching it from inside jail and facing a long prison term. Today's dinner there was meatballs and gravy over noodles, peas & carrots, applesauce, and three slices of white bread and margarine, plus two half-pints of 2 percent milk, a mandarin orange, and fruit punch drink.
Jim had no visitors today nor yesterday. He had listed his son and a woman from Springdale as potential visitors. But they were no-shows. I guess his kid wasn't up for sitting through an hour-and-a-half drive each way (from Subiaco to Washington County jail) just to see his old man. The only hope for the kid is to forget the old man and run far, far away and never look back. Thanks to Jim, the kid is effectively an orphan now.
"You may be required to pay a slotting fee to, in effect, purchase shelf space in Wal-Mart if there is a great deal of competition fighting for the same space or the marketability of the product is untested. You must also be prepared to work with profit margins that Walmart endorses.
"Slotting Fee" is where you simply are paying Wal-Mart for shelf space in x-number of stores. Shelf space on the bottom shelf is cheaper, as are end caps.
Just like buying ad boards in sports stadia - you can pay to create the illusion of being a real business. New energy drink companies do this all the time to buy store shelfspace for a launch of an unknown brand.
But that is all really irrelevant, since SPNGQ was a con job from the get-go and you got suckered. Your money is G-O-N-E. SPNGQ is liquidated and in wind-down dissolution.