Biggest criminal in the “Culture of Corruption” case is the prosecutor: Higgins sentenced to 3 years in prison instead

Full disclosure: Brian Higgins was a client, became a friend and remains a friend. I sat through the entire 7 day trial, and have a much bigger picture of what happened than what was presented to the jury. The fact that the feds were prosecuting Higgins for insurance fraud, in Federal court, doing the biding of the mortgage company and insurance company (who were incompetent) was all that was allowed to be talked about made it much easier to make Higgins out to be a criminal. What was left out, was that the Feds were running a sting- and Higgins was an unknowing participant and helped them get to Dayton City Commissioner Joey D. Williams who accepted a $40K bribe of a patio enclosure on his home- and Roshawn Winburn who accepted bags of cash- so that that Williams, Winburn, Higgins and Mike Marshall (the dishonorably discharged veteran who was the front man of the sting) could form a demolition company to suck at the teat of a City that has torn down more than it has built up- making Mr. Steve Rauch (Marshall’s former boss) very rich.That the feds only indicted Black people should make your head spin- (with the exception of Rauch- who got off with a hand slap).

Today in US District Court, Judge Thomas Rose spent a few hours getting to the point about how Mr. Brian Higgins was a menace to society, costing us all in the form of higher insurance costs, higher mortgage costs and shaking the faith of the public in our financial system. He ended with sentencing Higgins to 3 years in prison, with 3 years post release probation, 40 hours of community service, $500 mandatory costs of $100 per count, and $84K in restitution to a mortgage company so crooked it had to change it’s name from Nationstar to Mr. Cooper.

This was met by with glee by AUSA Brent Tabacchi, who had most of his office is the gallery watching his great triumph of justice- in an investigation that ran for at least 6 years, cost millions, and net results of 6 piddly crimes by Black people and 1 really minor deal with Rauch. Higgins was the only one who went to trial- the rest did deals.

  • Rauch paid a $15K fine- a slap on the hand.
  • Joyce Cameron and her husband paid a fine and were embarrassed.
  • Clayton Luckie- a former felon and politician, did about 4 months in the Federal pen.
  • Roshawn Winburn- a former Huber Heights Councilman and former City employee- who accepted a bag of cash- is still waiting to go serve 6 months.
  • And the piece d’resistance- Former Dayton City Commissioner Joey D. Williams who took a bribe of a $40K patio built by Marshall- got a whole year- of which he only served 3 months before early release for Covid worries.

Higgins was the only one who wasn’t a public official or contractor with government money- and what should have been a civil suit between the insurance company, the mortgage company and Higgins- was instead Tabacchi’s big win.

What’s missing from all this is that the Feds- including Tabacchi, caught a sitting city commissioner committing a felony in office- and instead of arresting him and forcing him immediately from office, they turned him into a CI- and let him not only finish his term in office, but run for re-election with a deal that he would resign if re-elected, which he did- costing the taxpayers an election, and committing real election fraud.

Tabacchi was part of the biggest criminal enterprise in Dayton- and has yet to catch anyone else, or prosecute anyone else, using information garnered from Williams as a CI for almost 3 years.

Rose just played along.

Higgins probably sealed his faith when on Friday he posted a website with damning evidence of the Fed’s actions. He’d recorded his attorneys, discussions with the prosecutors where at one time, Tabacchi offered him the book of criminal indictments- and said “pick one- and plead guilty and we’ll make this all go away” (not an exact quote- but you get the point. Higgins had also recorded in Federal Court- which is a huge no-no. The name of the site? which is a subsection of his original site which was launched with a video of the same name, on April 3, 2019 just before Higgins and the others were arraigned on April 30, 2019.

Higgins claims that the City of Chicago, where he used to have a multi-million dollar contract to pick up dead bodies with the city, had hired a convicted sex offender, John Klazack, to take over his contract- and was engaging in a coverup of sex offenses against children in Chicago. Higgins had been trying to talk to the feds about this for years, and thought he was going in to present his binders of evidence on the day he was arrested on the insurance fraud charges. Despite lots of things being covered up in Chicago- and the FBI investigating multiple alderman for bribes and corruption, Higgins was ignored.

Full disclosure: I helped create the video, the website, and posting the information for Mr. Higgins. The video was actually edited by a former employee who’s real name is “John Smith”- and yes, the Feds served me with notice not to keep the discovery in the Higgins case which clearly identified Mr. Williams as a CI- which I wrote about back on Mar 1,  2020: and the rest of the Williams corruption story which they did not tell me to take down. The reason I’m pursuing a Freedom of Information Act case against the Feds for the tapes they played to the grand jury of Nan Whaley- before stopping and not asking the grand jury to indict her, were because other sources, not Higgins, known to me, were on the Grand Jury and told me the tapes exist. I believe that Whaley, like Williams is running for office as a CI as well, and the tapes will prove that she was as guilty as Williams for pay to play in Dayton.

I am an independent citizen journalist, with no protections other than the truth and the First Amendment. I’m also the Democratic candidate for Congress right now. I’ve spent hundreds of hours on following this case, writing about it, learning about it, and seeing how a Federal prosecutor and some FBI agents can break the law at will- failing to be held accountable for the crime of Misprision of a Felony. Until the truth comes out about Whaley, and the way the jury was spoon fed fragments of a story to present a case- without the full background, I will continue to pursue stories of corruption by our leaders who seem to think they are above the law.

I fully agree that what Brian Higgins did was wrong, but, compared to some of the other crimes in this case, or the story I covered where a local practicing attorney posted that he wanted to “put a bullet in the head” of a magistrate, and still hasn’t seen the inside of a jail cell- or been put on house arrest (like Higgins was), that Higgins was over charged, and Justice was intentionally insulted by the people who we trust to enforce the laws.


The dirty little secrets of the Board of Elections

The Montgomery County Board of Elections hasn’t exactly been a mountain of piety over the years. More like the den of impropriety, where decisions are made on who gets to get on the ballot- and which politicians pick which voters and who gets a cushy government job without any kind of screening or job posting. After all, there was the time they hired a convicted rapist without a job posting.

After years of frustration with rejected petitions, bad instructions, poorly designed forms (the City of Dayton petitions in particular) I’ve pretty much figured out how to navigate this roadblock to democracy and have shared it here. However, the one thing that I’ve not bothered to do is actually go to all their meetings- because they don’t publish an agenda, or minutes, or offer any information of what happens in the bowels of the county building in the dungeon known as the Montgomery County Board of (S)elections.

Finally, tired of being handed the same “meeting notice” with zero actual information about what they would discuss, I filed a lawsuit after being refused information I requested in a public records request.

The information I wanted was what any citizen would expect- what they are going to do- and what contracts they were considering- and who they hired. Sarah Greathouse- the Dem deputy director said she wouldn’t talk to me after I told her I would file the lawsuit (totally illegal- it’s my job to do that according to the Sunshine Laws handbook). She turned me over to the prosecutor- who would defend them.

In my lawsuit I insisted on a visiting judge- one that isn’t selected by the two parties in Montgomery county that are in cahoots to pick judges for life. I asked that the prosecutor not be able to defend them- since they are in fact partisan political appointees in at will jobs appointed by the parties- not the people (I know this because I’ve been on the central committee for 12 years- and never once was asked who to appoint or given a chance to vote on the appointments). And, why should I pay for the prosecutor to oppose me- when the people he’s protecting work for the parties- not the public. And that I wanted a jury trial- because, even though this is an administrative law, it’s a special one- that puts the power of prosecution in the hands of the public.

I got the visiting judge. The rest has been ignored. I’ve also asked why only lawyers filing these cases can get reimbursed for their time- is the 14th amendment, which guarantees equal protection not applicable to lawyers and commoners alike?

The prosecutor made a motion for dismissal- claiming I had no grounds for filing in my brief. It’s as if he truly is too stupid to read and comprehend what I wrote. He’s also a liar- as I’ve proven in the Library case – same doofus.

Here is my response that was filed Friday. Note, the slight problem with the prosecutor defending the slimeball violators of the Sunshine laws- is if they lose, the only person who can remove them from office- is the person who is defending them in the first place, which may be why Ohio NEVER removes anyone from office. Read what I filed- or skip to the really interesting part – the public records request that follows:

David Esrati vs Montgomery County Board of Elections response to motion to dismiss

Note, I also compiled all the agendas they’ve emailed me over the years- including 5 that have “Executive sessions” listed- but only 1 with a description that may qualify as the required stated reason for going into executive session.

There is no mention of any contracts. And my public records request was concerning the former BOE director for the Dems- Steve Harsman. I’d heard he’d been hired after he retired – to do the job that Sarah Greathouse and Jeff Rezabek (her republican counterpart) couldn’t do- mainly- redraw districts properly.

Turns out, the letter they sent had some questionable dates- and as to the compensation- it turns out that both Greathouse and Harsman were making big bucks- to do the same job that Harsman used to do by himself. Did the public know? Hell no.

Did the job get posted? Nope. Did the salary get posted – nope. Was this legit? Well, if you have the dem party folks write an agreement- on unofficial typing paper- and sign a bunch of names of people who are basically party bosses/insiders – sure you can. Note, the fact they didn’t even give me a scan of this questionable document should tell you all you need to know.


And the explanation letter- from Jeff Rezabek- on official stationery- but messing up some very important dates.


Note- Harsman actually got a raise.

Now, considering the people in the County Commission office who are supposed to set the BOE budget and pay the partisan political appointees with our tax dollars- probably never knew any of this was going on. Why? Because the BOE never posted agendas, minutes, contracts or anything that the Ohio Open Meetings acts requires.

And that’s why I filed a lawsuit. your new court reporter

Today, Aaron Hartley will be in court in front of Judge Long, maybe, if he feels like it (Hartley or Long- neither actually gives a shit about timelines, deadlines or sentencing) to discuss restitution for damages to the woman’s home where Hartley showed up drunk, and broke her door- in pursuit of her teen daughter who he wanted to “Fuck up the ass.” No- Hartley, found guilty of this back on July 30, 2021, hasn’t been sentenced yet, and was demanding the attendance of her contractor, to somehow explain the costs of repairing the door. Note to readers: Jim Long should be in prison already for his mishandling of EVERY Aaron Hartley case in front of him. Please, do not re-elect this poor excuse for a judge.

Long is also scheduled to start a second trial on the child endangerment charges against Hartley that the first jury couldn’t come to a consensuses on (hung jury). That case is scheduled, for now, to start on Wednesday, May 18th. Sentencing on all his other pending cases in front of Long is supposed to be next Friday on the 20th. In the meantime, his law license remains suspended.

No one can tell if he’s on house arrest, or is wearing an ankle bracelet, or has any restrictions of any kind, despite posting on Facebook the bit about wanting to put a bullet in another attorney’s brain. Nope, I can’t make this stuff up. And, yes, all the details are on previous posts about Aaron Hartley on this site.

On the federal side of things, Roshawn Winburn, formerly City of Dayton business and technical assistance administrator, who was in cahoots with Commissioner Joey D. Williams and Brian Higgins in a plan to start winning bids for demolition contracts set up by a dishonorably discharged Army Veteran (Mike Marshall) who was a Confidential Informant for the FBI who had set up a sham company, United Demolition that had already under performed on city contracts. The new company, to be headed by Higgins, was to be called Airborne, and was going to use his disabled veteran status to move to the front of the line, never happened. Winburn was caught on tape taking a bag of cash and should have been in prison already, but, despite only facing a measly 6 month sentence, Judge Rose decided to give him yet another hall pass for a report date (probably because this whole “Culture of Corruption” investigation still isn’t done- and another shoe is about to drop). Here’s the link to his last hall pass.

This matter is before the Court on the Defendant’s request to extend his voluntary surrender date to Ashland FCI from May 10, 2022 to August 10, 2022.
IT IS THE ORDER OF THE COURT that the date for the Defendant’s voluntary surrender date be extended from May 10, 2022 until August 10, 2022.No further extensions shall be granted without just cause.
DONE and ORDERED in Dayton, Ohio, this 9th day of May 2022.

Winburn delay 8045808-0–10106

Now, the reason for this delay- is sealed, so I can’t tell you more. And of course, no one can dare ask the judge to be accountable to anyone, because he has a lifetime appointment.

Note, Rose still hasn’t sentenced Higgins for his felonies, which were decided back in January of 2022 after a 7 day trial where the feds carefully edited out anything about the whole sting and corruption case, or that Marshall and Higgins were working together. I still plan to write about this dog and pony show, I’ve got 80 pages of notes, but, haven’t had the time to do it justice.

In other Federal Court news, in my FOIA case where I’m seeking the tapes that were played to the Grand Jury in the Culture of Corruption investigation, Judge Michael Newman all of a sudden recused himself, it was assigned to Rose, who immediately recused himself, and it’s now assigned to a federal judge out of Columbus: Michael H Watson. He’s not exactly without reproach, he got in a bit of hot water for an “appearance of impropriety” in his handling of the Ohio State sexual abuse scandal, where his wife’s business had ties.

Why Newman suddenly resigned is purely conjecture, but I believe it was caused by my last filing, where I mentioned I’d made a FOIA request for FBI and DOJ documents concerning former Montgomery County Recorder Willis Blackshear Sr- and was given the old “We cannot confirm or deny the existence of these records”- as if they didn’t exist, and were somehow protected, except for there are very few instances where dead people are protected unless it’s a matter of national security.

The problem for the feds is that Newman had unsealed the search warrants he’d signed on Blackshear- the ones where they tapped his phone, followed him, as he acted as a bag man for Nan Whaley from Steve Rausch. Therefore, he was now conflicted in hearing the case.

20 apr 2022 26.Recusal Order

Never mind the Feds filed yet another really long, incoherent filing asking for the judge to dismiss the case on every ground they could find- without defending themselves for the decided case I cited in my original filing: Senate of Puerto Rico v. Department of Justice, 823 F.2d 574 (D.C. Cir. 1987)
A common summary of this case is:

“noting that the D.C. Circuit has “never embraced a reading of Rule 6(e) so literal as to draw ‘a veil of secrecy … over all matters occurring in the world that happen to be investigated by a grand jury.”

Now we wait for the new judge to get up to speed, and hope we actually get to court before election day. The public has a right to know the truth about former Dayton Mayor Nan Whaley and how she works behind closed doors.

And to end this post, here’s the incoherent rambling of the DOJ opposing the release of the tapes. Enjoy watching your tax dollars being squandered:

25.Reply in Support of MSJ 11 April 2022

A daily livestream from a congressman?

My opponent in the OH10 congressional race is legendary for never meeting with his constituents. No town halls, no meet and greets, and basically, unless you’ve donated to him (average donation- about $1,130) you can forget about getting a face to face with Mike Turner.

This is the absolute opposite of the “open, honest, transparent government” I believe in. Rhine McLin once told me, she wasn’t a politician, but an elected representative- and as such, she was your voice. I liked that. So, 2 weeks ago, I began experimenting with doing a daily livestream on my Youtube channel about my thoughts each day. The idea was to get in the habit of talking about what I did each day in my pursuit of being your representative- and to be ready to continue to do it- once I’m elected.

I googled for a congressman doing a daily livestream- and all I come up with is CSpan. If anyone knows of an elected politician that reports daily on what they did- please let me know.

As we’re getting the tech side down and running smoothly, we plan on also adding the ability to take questions live- and respond in real time. For right now, we ask for questions in the comments and I’ll respond the next livestream. Haven’t quite figured out how to set up the monitor channel yet.

Imagine a Congressman reporting back on what they talked about each day- a day in the life so to speak. How will this make congress more accessible to students? To voters? To political junkies? Connecting the people with the people in power has always been my goal. So far the live viewers haven’t really gone over 3 or 4, but the views after are picking up.

What I really need is to get the number of subscribers to go over 1000- so I can start accessing additional features in Youtube. For now, I’m at 780. Also- in addition to subscribing- make sure you check the notification bell- so you can be notified right when the livestream comes on.

Today’s show wasn’t live or the normal 5-8 minutes. It was recorded at 11am- and set to premier at 4. It’s about my experience with mental illness care in this country- and the toll it takes on our community and the costs we carry- both monetary and social. It costs money to lock people up in prison- considerably more than it does to treat their mental illness. It costs money to clean up the damage the mentally ill do (this afternoon I was changing the locks and securing the home of the brother of the veteran I already serve as POA for. His brothers home had been foreclosed on while he was in jail for grand theft auto.).

If you look at drug addiction as a mental illness, suicide as a mental illness, poverty as a result of a mental illness, petty crime as part of a mental illness- you start to understand the cost and burden we pay for in many other ways.

While Mike Turner likes to say “He works for the base” and “To keep us safe from foreign threats” he has totally ignored the threats closest to home and that affect most of us more than Russian fighter planes or Chinese submarines. There are lots of threats right here at home. Lead pipes and PFAS poisoning our water systems, gun violence- are you aware that the number two cause of death of American Teens is homicide?

The leading causes of death for the teenage population remained constant throughout the period1999–2006: Accidents (unintentional injuries) (48 percent of deaths), homicide (13 percent),suicide (11 percent), cancer (6 percent), and heart disease (3 percent). Motor vehicle accidents accounted for almost three quarters (73 percent) of all deaths from unintentional injury

Source: NCHS Data Brief, Number 37, May 2010 – db37.pdf

I came into this world just as the last of the kids who practiced in school for what to do in case of a nuclear attack. Now, our kids have to practice to respond to school shooters.

We owe American’s a safer country inside our borders, than worries about protecting Ukraine’s borders- or the trillions we spent in Afghanistan and Iraq.

Hopefully, my daily livestream can help voters decide which candidate will really work for them- instead of for their donors.

As a reminder- Turner will spend millions to keep himself in office. I can run for a lot less, but I need your support. Please consider making a small donation to my campaign:

Thank you voters! David Esrati presumptive Democrat for Congress OH-10

I just realized it’s been a few days since the primary, and I’ve not posted a Thank you here. Thank you voters of Montgomery, Greene and Clark counties.

Here’s what I have been doing- reaching out to donors to start the war chest. Because I’m in advertising and fully understand the targeting technology of data driven ad buying, I will be able to do a lot more with less. While Desiree Tims spent over $2M to lose by 14% points, I’ll need less than a million to make Mike Turner absolutely miserable- and viewed as the most deplorable excuse for a congressman.

We’ve now got things set up for a daily livestream at 4pm M-F ( I’ll be off air next Monday). If you want to see these as they happen- and we hope to actually make them interactive as time goes on, please subscribe and hit the notify bell on my Youtube Channel:

We’ve set up the volunteer section on the site: If you want to help, or have a yard sign in the fall, please register there.

We’ve got our first commercial ready to go, directly aimed at Mike Turner. If you want to see it before anyone else does- and hear the innovative way we’re going to push it out, consider making a donation asap: The email will be going out this afternoon.

I’m a little miffed that no one from the Ohio Democratic Party, the Democratic National Convention, the House Dems have contacted me. Maybe they are waiting for the results to be certified? The statistical chance of the results changing are slim and none. The big delay was caused because the Governor, Auditor, Secretary of State, and the two other Republicans on the Redistricting Commission (they pulled the house and senate leaders the other day so they won’t risk those two going to jail for contempt of court) ignored Ohio voters requirements for statistically fair election maps.

The unofficial final results:

David Esrati Baxter Stapleton Jeff Hardenbrook Kirk Benjamin
Montgomery 7522 6080 6176 4110
Greene 1803 1432 1432 867
Clark 940 854 838 696
10265 8366 8446 5673

It’s highly unlikely that anyone is going to get 1500+ votes from overseas or provisional votes.

The voter turnout was pathetic for the Democratic party. The amount of money spent on the Senate seat abdicated by Rob Portman was obscene- over $80M

I’m sure voters are sick of seeing ads on TV, online, everywhere- of one Trumper falling over the other Trumpers to try to out Trump the Trumpster. I’m pretty sure that come election time, there will be enough people who are terrified of 4 more years of the likes of Jim Jordan, Lauren Boebert, Andy Biggs, Marjorie Taylor Greene, Matt Gaetz, Paul Gosar, Mo Brooks, Ted Cruz and my absolute favorite moron, Madison Cawthorn running our country. We may not be able to un-elect them in OH10- but we can un-elect Mike Turner who votes with them.

The recently leaked Supreme Court draft opinion on abortion may also motivate a lot of people to vote the radical right wing republicans out. But, the Dem party has its own problems including a Federal Reserve that can’t seem to separate financial manipulation of markets by the wealthy from the impact it has on the rest of us. Hiking interest rates at the same time gas, food, and everything else is up is criminal. If you want to slow things down- why don’t you try a transaction tax on stock trades. Anything held less than a year isn’t an investment, and will be taxed at a ridiculous rate to start forcing the markets to stop being a casino and start acting like a true capital market.

There was also a pre-trial conference that I had to attend on Wednesday that took up a bunch of my time. For those of you who may be new here, I’m suing the Board of Elections for violating the ideals of the Ohio Sunshine laws. Because these laws were written and enacted by semi-literate lawyers and politicians. The instructions are vague and confusing- which is why this is the only set of laws that comes with mandatory training for all public officials and a 250 page handbook to help citizens enforce the laws.

I was in front of a visiting judge finally- as requested, and facing the same liar I faced in the Library case. The judge didn’t take too kindly to me calling Nathanial Peterson a liar, except, well, the truth is actually a defense in a court of law. You can watch the 35 minutes of bombast from the non-lawyer (me) making sure that all of my claims are on the record before we get to their attempt to dismiss it on some sort of twist of law.

Next up, write a response to Peterson’s drivel about me failing to “state a case.”

Trust me, this will get interesting. Also interesting and not yet written about is the recusal of Federal Judge Michael Newman from my FOIA case requesting the tapes of now Gubernatorial standard bearer for the Dems, Nan Whaley. I know there were tapes of Nan presented to the “culture of corruption” grand jury, and that the feds don’t have a legal excuse to hide them. We’ll see what’s next soon. I’ll do a full post when time permits.

If you’re wondering why I should be your congressman instead of Mike Turner, I’ll tell you this: I will fight for the rights of the citizens to have open, honest, transparent government to the death. Mike Turner will work for whomever pays to get him reelected.

Until next time- please tune in to the livestream at 4pm.






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