Lest I repeat myself: What I have done though, is gone back and listened to the Court Audio and transcribed portions directly related the collected funds. This is not the entire audio transcription. Only a part.
From the illicit court audio:
Judge:
Who in your analysis is the trustee of the funds? Who holds the funds?
Hodges:
There are actually several trustees who hold the funds one of whom is currently the DTCC. I only say that because I know the funds are deposited at the dtcc.
Judge:
Spin that out for me. The Acronym
Hodges.
The Depository Trust Clearing Corporation. They are the clearing house for all of the financial transactions that happen in the united states.
Judge
Private or Public?
Hodges
It is a Private company, but they act as a public one, unfortunately.
Judge:
What document covers the terms under which they hold those funds?
Hodges:
A Trust Agreement.
Judge:
Between?
Hodges:
Between the people who originally set this up.
Judge:
Who are?
Hodges:
One of whom was Bob Maheu.
~There is some discussion and background given.
Later...
Hodges:
That was in fact done. And I have a witness who was there when it was done.
They had a room about three times the size of your courtroom in which they had representatives from all these brokerages from all over the world.
Who were there, present. They watched a video presentation, because Mr. Maheu as the court may be aware was at one time mostly associated with the cia, all kinds of other...
Judge:
I was going to ask you if it was the same Robert Maheu.
Hodges:
It is indeed. A gentleman I had opportunity to make acquaintance with in the 70's, to my good fortune.
At any rate, all of these people were accumulated in this room. They were shown a video and a slide presentation of all of the evidence of their wrongdoing. And they were offered an opportunity. You can either step up and sign away your money and pay a reasonable amount for each transaction that you did illegally and improperly or you can walk out of here and get prosecuted and go to jail. Because what you did, was criminal.
And, every single person in that room stepped up and made a deal.
After that time, there became a big conflict between the SEC commissioners and the other governmental entities who were supporting the sec commissioners about who is going to have the right to release this money to the shareholders and when? And my understanding is it went on for some number of months, but ultimately the sec commissioners prevailed and convinced Mr. Maheu and his associates it had to be their decision because only they and the rest of the government could determine when this sting had fulfilled its function.
And that is the basis upon which he gave them, the power about when the money is to be released. And it is my understanding that every trust that is currently being held for of this money is being held by a person who is sworn to observe that requirement, that the SEC or the government or whoever is going to make this payment, goes first.
And as my information is, that it is the SEC commissioners who had this power. That's why they are defendants in this case.
Judge:
Let's return to your Bivens theory, it's a taking.
Hodges:
It is.
Judge:
Why?
Hodges:
This money was supposed to be released within a year of the time that the company was originally de-listed. It was originally de-listed in October of 2005. This is now almost October of 2010, some four years past that time. It is a taking only because they refuse only not withstanding information which they have continued to give to various shareholders. They have continued to refuse to release this money. If they don't release the money, then it is a taking. Because they are preventing what is rightfully ours, for us to receive. That's why it is a taking.
Judge:
Thank you.
There is 6:01 more that follows, back and forth with the DOJ atty and the wrap. But that is the critical part of the story.
I'm just going to make a wild guess here, but I'm thinking the funds have been confirmed.
Attorney Al Hodges, officer of the court has said in open court that the funds exist and have been confirmed. To someone who understands what that means, it gives comfort. To the rest of you, you are either too ignorant, illiterate, stubborn or stupid to grasp and acknowledge verifiable truth when you see it
