SEC has violated the 4th and 5th Amendments, acts above the law, and acted in Retribution  against my protected  1st Amendment Expressions  
SEC v. Small Business Capital Corp.
In June of 2012 by way of a sealed federal court lawsuit Complaint of the SEC in which they accused me of operating a "Ponzi-like scheme", my businesses, personal assets, and income were seized.  Essentially, I have been deprived of legal counsel since then.
However, the party accusing me of running a Ponzi scheme - SEC - quite obviously lied in the financial illustrations of their sealed complaint.  In their sealed and hidden complaint, S
EC overstated distributions of my investment funds by an enormous and implausible 54% for its "audit" period of 2010 and 2011.  SEC's complaint was replete with invalid and grossly misleading financial illustrations.    SEC admits this.  Here is SEC's pleading.   SEC's Enforcement Division also ridicously states they made their mistakes in the sealed pleadings only "in good faith".  Here is the actual job description of the Enforcement Division CPA who created these invalid financial illustrations.  He (Roger Boudreau) made $1,000,000+ in salary over the past five years.  After reading his job description, ask yourself if this government CPA could ever "accidentally" and only "in good faith" add distributions to investments and overstate distributions by an enormous 54%.  SEC's allegation in its sealed and hidden complaint that we needed capital from new members for our distributions (the classic sign of a Ponzi scheme)  was very well supported - by their own false financial illustrations, however.

And in that same sealed complaint, SEC also falsely described their requested receiver as a licensed CPA.   This is, of course, a very, very serious matter when the federal government goes around giving false licensing descriptions of persons in sealed and hidden lawsuits, is it not?  SEC provided the court with a "we believe" defense.  SEC also did not tell the court they misrepresented his licensing in another prior SEC lawsuit before my lawsuit.  The receiver has made almost $5,000,000 in that lawsuit so far, and almost $2,000,000 so far in this lawsuit.  SEC then subsequently falsely described the receiver to the California State Bar as a "licensed CFA" in responding to a complaint on this matter, even though there is no such licensing in the United States. 

Who is watching the SEC watchdog?  You are failing, whoever you are.

SEC's receiver choice - fine character that he is - also just coincidentally misrepresented
himself as a CPA within a tombstone advertisement before his first of many government lawsuits.  Maybe SEC knew this, and that is why SEC requested the Court waive his bonding requirements.  Yet in his court pleadings he states that he has never advertised himself as a CPA.  

So in this lawsuit I am not only fighting the SEC, I am fighting their corrupt partner who holds my assets and (lost) income source. 

The United States General Accounting Office has on multiple occasions over the past two decades advised Congress that it recommends SEC not ask for repeated employment of the same receiver.  
Investors have written the court repeatedly about their belief in fraud or gross misconduct of SEC and provided sworn declarations about the same.

S
EC tried to sanction me for communicating with investors, and also claimed to the court that I was witness tampering with my own wife.  Their attorneys are callous and low-handed.  One of their lead attorneys put the obituary of my wife's recently deceased father into exhibits of their court papers when trying to depose her.

I had a summary judgment against me.  Here is my appeal to the United States 9th Circuit Court of Appeals:

   
Part I 
    Part II

Early in 2014 I filed a claim under the Federal Tort Complaint Act against SEC for $1,000,000 for myself and my company, and another for $15,500,000 on behalf of fund investors.  I encouraged investors to do the same; scores have.  I anticipate filing Federal Tort Claim Act lawsuits in federal court against SEC within the statutory six month period for filing an FTCA claim. 
I have requested permission from the 9th Circuit Court of Appeals to sue the federal equity receiver, Thomas A. Seaman, and his attorneys, and SEC, under California Civil Code 1710 for Fraud of Deceit and Concealment as to the false licensing representations and concealments of SEC and Seaman. 

In
November of 2014, a full two and one half years after SEC initiated its civil lawsuit, I was arrested by the FBI  by way of yet another sealed court proceeding, itself brought about by federal agency submissions to a grand jury which rely upon information from SEC.  SEC should not have been afforded any credibility with a grand jury.  A grand jury, of course, would have no awareness of the above issues, because SEC would never disclose these, nor would other agencies such as SBA or the Department of Justice work against the interests of other federal agencies, even one like SEC who has clearly acted beyond constitutional bounds time and time over.







 

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