How the Feds waste your tax dollars bilking you of more tax dollars

Note: This includes information gleaned from testimony in the trial, USA vs Higgins. It is not about the case. This story is about how the government spent a few million, to bilk tax payers with a scheme centered around a dishonorably discharged Army veteran and a fake business they set up.

Michael E. Marshall said “I’m a great businessman” on the stand when cross examined by the defendants attorney, Tamara Sack. The reality couldn’t be further from the truth. Mike Marshall had no problem telling people like a former Dayton Daily News reporter and friend of mine, that he was working as a Confidential Human Source for the FBI. Rule number one of being an informant, don’t tell anyone you are an informant. The Esrati report quickly identified Marshall as a CHS soon after the original public indictment on April 30, 2019, where the FBI, the DOJ and the Ohio Attorney General lined up to announce that 4 Black men were the first round of indictments in the “Culture of Corruption” investigation, later called “Operation Demolished Integrity.”

It turns out, the only integrity that was demolished would be the FBI, the Ohio Attorney Generals and the bumbling AUSA’s of the Department of Justice.

I filed a Freedom of Information Act (FOIA) request 2 weeks ago through the FBI’s absolutely horrible FOIA web portal. So far, I’ve not even received an acknowledgement or receipt. The Government seems to think it is ok to obfuscate the process by allowing every federal agency to make their own portal, with their own procedures, to make the public’s right to know their right to say no. My request was to find out how much the government spent paying their CHS’s. Well now, we know.

On the stand, the Feds asked Marshall if he was a CHS and told us that they’d paid him $33,000 over a few years for what Marshall defines as about 1500 hours work. What that work was, was a total and complete waste of our tax dollars.

It turns out that our “Great businessman” started a government fronted demolition company: “United Demolition and Site Management” on Oct 17, 2013, with offices that the FBI subsidized the rent for, in the 130 W. Second Street building, right next to the Federal Court House and the AUSA’s offices. This was probably because the AUSA’s were trying to manage this investigation without having to get in their cars to drive to their sting operations office. AUSA Brent Tabacchi- a rumple suited attorney was complaining of “trial fatigue” on his third day of court,  which was the 4th day since a “court emergency” delayed it a day.

United Demo was set up, to somehow compete with Steve Rauch Inc, the local demolition czar of Dayton Ohio, and to somehow indict him/his business for paying politicians for the right to overcharge for the destruction of Dayton neighborhoods. So far, the Feds have failed to do anything except fine Rauch $15,000:

The demolition and trucking company owned by Steve Rauch, 65, of Germantown was sentenced Thursday in U.S. District Court to pay a fine of $15,000.

The company, Steve Rauch Inc. of Dayton, pleaded guilty last year to one felony count of conspiracy to engage in mail fraud in a deal that led federal prosecutors to dismiss charges against Rauch.

U.S. District Court Judge Thomas M. Rose did not sentence the company to probation or restitution but levied a $400 mandatory assessment in addition to the fine.

The maximum penalty the company faced was one to five years of probation and a fine of not more than $500,000.

Company attorney, Chad Ziepfel, argued against probation, saying the federal government had already put Steve Rauch Inc. on its suspension list for federally funded contracts and is expected to begin debarment proceedings now that the case has concluded.

Ziepfel said if the company were on probation during those proceedings it could be more likely that it would be debarred and prohibited from working on projects that get federal funding.

“Debarment would be virtually catastrophic,” Ziepfel said, and likely result in lost jobs at the company.

Source: Dayton area company fined $15,000 for conspiracy to engage in mail fraud

The original founder was Marshall, who recruited his former Rauch co-worker, Michael Scott Waters to also be a CHS. Waters was paid approximately, $13,000 for “hundreds of hours” of work for the Feds. When the defense asked Waters what kind of businessman Marshall was, his answer was “He has some peculiar business practices” which may have been the understatement of the case.

Marshall, had worked for Rauch in some capacity. He’d also had a company called “Drywall Wizard” that had horrible reviews and a bad reputation. He had absolute recall on every single piece of FBI evidence, but, couldn’t recall so much other stuff it would make you think he’s senile. He wrote a check to someone named Gary Clemmens, but had no idea who he was. He did really well at saying two things on the stand, “I recorded every interaction with Brian Higgins (except the very first meeting) and that he was willing to lie to the insurance company and the mortgage company non-stop in facilitating the investigation- ostensibly at the behest of his Federal handlers. After all, they were paying him and had set up this sham company to catch criminals.

The firm had five employees from what we heard, and oddly, five people were signatories on the 5/3rd bank account for the business. Tony Sullivan was an attorney, with offices in the same building, who was suspended from the practice of law in 2020 by the Ohio Supreme Court, Dan Fyte (Fite, sp?), Marshall and Waters. The fifth? Not sure.

What the grand plan was for United Demolition, which as of 5/4/2020 was still sort of in business, bilking folks out of money with shoddy workmanship:

Job incomplete, roof leaks and supplies and trash left everywhere and they were paid 100%. This is the 2nd company to take our money and not complete the job of our barn roof that was damaged in a storm. This company came and sat in our kitchen and apologized for the 1st company and promised us they would get the job done. A check was wrote on 12/28 for 1/2 the roof in the amount of $5,832.81 and they were going to start work it is now 5/2 and the roof is not complete, trash and old metal was left and blown everywhere and the roof leaks. My granddaughter is helping with this matter as we are elderly and not computer savvy. My granddaughter as called this company several times and been told they will be done for the last month and still nobody has shown up. She contacted the company last week and said since you haven’t showed up she was going to pick up all the metal and trash but they still needed to finish the job not to mention look at the roof because they did a horrible job on what has been completed. **** ******** apologized and thanked her and said he would be down to look at everything and it’s been a week and he still hasn’t showed up.

Desired Outcome I would like for the roof to be repaired quickly the right way so there are no leaks and the wind can’t rip the entire roof off because it’s not properly installed or connected.

Source: United Demolition Excavation & Site Management Company, LLC | Complaints | Better Business Bureau® Profile

But, that’s only the latest report of problems at the FBI’s little demolition company, the City of Dayton awarded them contracts in 2015 and 2016, which they failed:

The company, United Demolition Excavation and Site Management, which is based in Dayton, was not paid the full $371,267 it was awarded in demolition contracts in 2015 and 2016, because the city terminated at least one contract citing “numerous breaches,” including incomplete work, illegal dumping at two sites, improper use of fill and damage caused to adjoining properties, according to a court affidavit from a city employee.

Source: Dayton corruption investigation: Business hired despite red flags

The article goes on to say:

The investigation found that the city selected United Demolition for contracts even though the company had “unfavorable” reference checks from local municipalities, landfills, equipment-rental companies and subcontractors, city of Dayton records show.

The city awarded United Demolition one contract even though city staff raised concerns about the company’s capacity and difficulty completing projects on time….

Numerous court judgments have been rendered against United Demolition and owner Michael Marshall from subcontractors, small business owners, lenders and equipment-rental companies and others who claim they are owed tens of thousands of dollars.

“The city paid United Demolition, but I didn’t get a penny,” said Arthur Partin, owner of Partin Trucking Inc. His company obtained a $52,869 judgment against United Demolition for unpaid work….

In a Jan. 15, 2015 memo, Michael Cromartie, who was then-acting director of Dayton’s building services department, wrote that the city did reference checks of United Demolition with area cities, landfills, equipment rental agencies and subcontractors, and “none of the references reported a favorable recommendation.”

Then on March 4, 2015, the city awarded a contract to a different firm, Bladecutters Inc., to demolish about a dozen residences even though United Demolition submitted the lowest bid for the project. United Demolition’s bid was about $493 cheaper than Bladecutters’, city records show….

On June 8, 2016, the city of Dayton also awarded United Demolition a $247,587 contract to tear down about 13 commercial buildings.

United Demolition won that contract even though a different company, associated with local demolition contractor Steve R. Rauch, had submitted a bid that was about $9,000 less, according to city records.

City staff recommended Steve R. Rauch not receive the contract because of “unfavorable past practices on multiple contracts,” according to a May 2016 memo from Aaron Sorrell, then-Dayton’s director of planning and community development.

The city terminated four contracts with Rauch for problems that included the allegation that the company’s workers used improper fill materials after demolition, this newspaper has previously reported…

United Demolition has also been the subject of a variety of lawsuits and legal complaints that alleged the company breached contracts and failed to pay subcontrators, rental companies and creditors. Most of the suits in Montgomery County led to financial judgments that were never or only partially paid.

Dayton pawn shop owner Mark Gordon claimed that after he helped arrange a $15,000 loan to Marshall and United Demolition in mid-2014 he had to wait more than four years to get about $7,500 back, court records show.

Marshall indicated that he borrowed the money so he could acquire dump trucks to complete a contract for his company, according to court documents.

Gordon’s legal complaint claimed that “Marshall for a long period of time has engaged in an intentional series of financial misdeeds which have had the operative effect of defrauding his suppliers, vendors and creditors.” The complaint says there have been multiple judgments against Marshall that he has no intention of paying.

Marshall and United Demolition obtained contracts, pocketed the money and did not pay subcontractors who performed work for the projects, said Larry Lasky, a real estate and collections attorney who represented Gordon.

“The guy has ruined and destroyed a lot of people — a lot of good people who are trying to make a living in Dayton, Ohio, which is a very tough place to make a living,” Lasky said.

Gordon was repaid after filing a financial attachment with the city for the money it held back from United Demolition for unfinished work.

Other companies say they have never been repaid.

Maybe, the real criminals in this case are the FBI and the DOJ, who set up a con-man, to run a con business, that bilked the corrupt city for a third of a million, and more than a few other taxpayers- for shoddy work and unpaid bills.

To cover up the Feds culpability in this major clusterduck of an investigation, the Court has made decisions to keep critical information from the jury so far. Defense lawyers haven’t asked the government’s witnesses about any of the above facts- other than that Marshall and Waters were paid and their rent was subsidized.

Unless a slew of new indictments are filed immediately following this cases closure, where the absolute loser Mike Marshall is the star witness, all of this taxpayer funded fishing expedition was a waste of tax dollars.

The taxpayers of the City of Dayton should be made whole for their money that was wasted contracting with the FBI, the other businesses like Gordon’s Pawn Shop and Partin Trucking should be paid. And even Bladecutters should have a claim- for lost revenue due to the imposition of this criminal enterprise backed by the FBI.

Never mind, Kent Development, a former client of mine, who was frozen out of the demolition contracts in the City of Dayton, despite having a firm that only hired x-cons, and tore down housing in a way that minimized landfill use and recycled as much of the material as possible.

The most heinous crime committed by the FBI, which has also been covered here at depth, was allowing Commissioner Joey Williams to stand for re-election when they had already turned him into a CHS- and had him recording conversations from 2015 forward. They had an agreement, that should he win, he’d step down, still not revealing his crimes, until the day his youngest son graduated from high school- Apr 30, 2019. That action cost Darryl Fairchild a lot of money (and all his donors a lot of money) paying to run again, just a few months after he came in third in a race, where the winner- Williams, should never have been in.

If you wonder why people no longer trust the government, now you know.

 

The problem with judges for life- national and local

There has been a lot of discussion about changing the rules for the United States Supreme Court where judges are given lifetime appointments. This was supposed to be a way to guarantee that they would act in the best interests of the law and country, as opposed to being engaged in partisan politics or being able to have their decisions auctioned off to the highest bidder. The practice of lifetime appointments also applies to Federal judges, although back in 1954 the Senate passed legislation to limit the age to 75, but it never became law. In many states, there are mandatory retirement ages for judges, including Ohio, where Chief Justice Maureen O’Connor is now aged out of running again. She’s the Republican who just sided with the 3 Democrats on the Ohio Supreme Court to call the Redistricting maps unconstitutional. She should be nominated for a Presidential Medal of Freedom for this brave act.

We can blame Alexander Hamilton for the odd quirk of law in terms of lifetime appointments:

The question of judicial retirement goes back all the way to the early days of the republic. In the Federalist No. 79, Alexander Hamilton argued forcefully against mandatory retirement for jurists, citing “the imaginary danger of a superannuated bench” and insisting that few “outlive the season of intellectual vigor.” At the time, Hamilton’s home state of New York had a retirement age of 60 for judges, and Hamilton thought that was ridiculous.

His argument made sense. The average life span of Americans at that time was about 40, so even though age 60 was 20 years beyond that, there were few cases of superannuated judges turning senile. Average life span plus 20 to 30 years came to be a retirement standard that most American states considered reasonable.

It isn’t reasonable now, though. The average American now lives to be 78, so life span plus 25 would give us a retirement age of 103, which not even the legendary F. Ray Keyser Sr. was able to reach, although he came close, passing away in 2001 at the age of 102.

Source: When It Comes to Judges, How Old Is Too Old?

Now, it’s not just a question of senioritis in judges that should be discussed, our politicians are also getting progressively older, and holding onto power longer. The last 2 presidents were well past retirement age when starting their terms in office. Joe Biden has been a politician since he was first elected County Counselor in 1970 at age 28, elected to the US Senate 2 years later- age 30 for the tiny state of Delaware. He’s been a politician for 52 years and still has 2 more to go.

It almost seems that politics in America is the only place where being ancient helps your hire-ability.

I’ve spent the last week, watching the last trial in the “Culture of Corruption” investigation in Dayton Ohio. It’s been a learning experience. Federal Court is very different from Common Please or Municipal court- but, in Montgomery County, one thing is the same- in all courts, judges once seated, become dictators of fear to the legal community. Opposing a judge amounts to insurrection. It is believed that judges will be vindictive to any lawyer who challenges them either in an election, or questions their decisions. It makes it hard to find representation to challenge the political establishment in the county. It’s why a lawyer as bad as Aaron Hartley was allowed to continue to practice law– long beyond the time he should have been.

It’s why the County Prosecutor for life, Mat Heck, can make sure anyone who questions the establishment is made to pay- by his failure to prosecute a crime. It’s how a judge like Dick Skelton can ignore clear and convincing evidence that the Dayton Public Schools Board of Education held an illegal private meeting to inspect school buildings for closing. It’s how Judge Gerald Parker can mock a citizen and refuse to grant his attorney fees in a public records case– as punishment.

If you call these folks out, like Esrati.com has since 2005, you can guarantee “special treatment” when you even attempt to observe a case in Federal Court, under the rule of Judge Thomas Rose, a 74-75 year old judge. I’ve attended multiple hearings leading up to the trial of USA vs Brian Higgins. At no time was I told where to sit, when it’s ok to go to the bathroom or been addressed in court. That changed this week.

On Monday morning, I attempted to get an answer from the judges chambers on why Roshawn Winburn, who was sentenced to 6 months in prison over a year ago by Judge Rose, was again delayed in his report date to prison. What made it even more of an insult was that despite pleading guilty to accepting a bribe, Mr. Winburn was starting a new job that day, according to my Linkedin notifications. Coop Dayton btw is the holding company for the Gem City Market- and run by (my neighbor) a union lawyer who is a big Nan Whaley supporter and a sociology professor at Sinclair.

Roshawn Winburn new job announcement

Winburn was supposed to report to prison that very day. I’d called Rose’s office and left a message, I’d sent an email, and wrote a post asking for an answer. Last I checked, Judge Rose works for the people of this great nation. Why is a convicted criminal, who used his governmental position for his own enrichment, being allowed to start a new job, before he’s served his time? Reasonable question. Apparently, Federal Judges, with their lifetime appointment, their ability to surround themselves with patronage employees, and Court Security Officers- don’t have to answer to us little people. I was told “He can’t talk to you about this case”- but, this wasn’t about the Higgins case, it was about the settled Winburn case.

I sat through jury selection in Judge Rice’s courtroom. It’s considerably larger than Rose’s. I was told to sit in the rear which was fine. Come Tuesday morning- I again try to get an answer from Rose’s office- without any response. A woman hears my question on her way in- and doesn’t come back. I go into the court room and sit in one of the two spots that allow unobstructed views of the bench. It’s where I’ve sat in at least 3 previous hearings. I’m asked to move to the other side of the room “away from the jury.” I comply. When the judge anounces the first break, I start to get up to head to the bathroom- a CSO sitting right near me barks “SIT DOWN.” I sit. Wait for the all rise, wait for the judge to leave and move promptly to the pisser. Coming out, I ask the CSO if I’m getting special treatment? I had seen lots of other people come and go as they please. He said “I thought you were just standing up”- to which I told him I was going to the bathroom- and that as a service disabled veteran, I actually have a disability related to my need to pee. He apologized. Well OK then.

After lunch- I again go to the Judges office door- where I am threatened with physical removal from the courthouse for knocking on the door by a Court Security Officer. I go into the courtroom and sit down. The Judge enters- no jury- and then I get called out, I stand, and he begins to threaten me, “Don’t come to my door, don’t talk to my staff, don’t interrupt our proceedings, or I’ll throw you out of my courtroom, the courthouse, are we clear.” I sit my ass down. He hath spoken. The next time the All Rise command comes, I don’t know if I should sit or stand. I decide not moving is the best idea. The CSO who looks like a cross between Lurch and the Night Court bailiff Aristotle Nostradamus “Bull” Shannon (I think half the force has shaved heads) gives me the evil eye for sitting. I’m almost sure that come Wed. morning, they are going to rewind the court security tape and charge me with disrespecting the court and lock me up. I choose to stand from now on. 

The question about why Roshawn has a job is still stuck in my head. Local lawyers tell me this is an everyday thing. I do some research on the Internet Wednesday afternoon (a court emergency postponed the trial that day). I find a post from an attorney in Wisconsin about reporting to prison after being sentenced in Federal Court. I put in a call to the author, Marcus Berghahn, he calls me back. The only reason for a delay like this, according to Berghahn, is that the convict is still needed to testify in another case. Had I asked the prosecutor? I sent an email to Brent Tabacchi, the rumpled suit AUSA who is prosecuting Higgins asking him. I don’t expect to hear anything back until after this trial. Tabacchi was already blaming “trial fatigue” on day 3. Probably because in 99.9% of his cases he works out a plea deal. Court actually takes work- something he’s not used to doing.

I’ve got 42 pages of notes already on the trial. I’ve started to write the story of the only trial in the “Culture of Corruption” case- but will refrain from saying anything about it, other than it’s a colossal waste of taxpayer funds. The amounts discussed in this case are less than $150,000 of insurance money that was paid to a mortgage servicer on a force placed insurance policy on a million dollar home that was upside down. What would normally be a beef between the mortgage company and the person they distributed the funds to, has somehow become a “Federal issue” and worthy of this expensive trial. I say expensive because you have no less than 7 lawyers being paid for with our tax dollars, everyday, plus court security officers, FBI agents, and court employees, who’s collective pay for 2 weeks is more than than the amount in question. Never mind the millions they spent trying to round up criminals like Joey Williams and Roshawn Winburn (collective time assigned in prison, 1.5 years, actual time served, 3 months).

At some point, we’ll find out who’s next in line for the governments wrath. Guaranteed, it won’t be anyone who lost $130M at Wright State. So far, only Black folks are corrupt in Dayton. Hopefully, the next round of indictments will come out Tuesday morning, January 25 2022- after Mr. Tabacchi has recovered from his “trial fatigue.”

In the meantime, it’s hard to say who these judges and prosecutors work for- other than to keep their government jobs going. I certainly haven’t seen anything remotely close to a massive defrauding of the taxpayers or protecting us from danger. Just a fall guy and their FBI Confidential Human Source competing in a game of who can lie and get away with it. I feel safer already.

and BTW- no other news organization has had a reporter in the courtroom.

 

Witch hunt trial begins at 8:30 Monday, 10 January: USA vs Higgins

Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution’s failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial.[1] This is the case even if the failure to disclose was a matter of negligence and not intent. The case extended the Court’s holding in Brady v. Maryland,[2] requiring such agreements to be disclosed to defense counsel.[3] As a result of this case, the term Giglio material is sometimes used to refer to any information pertaining to deals that witnesses in a criminal case may have entered into with the government.[4]

Source: Giglio v. United States – Wikipedia

How much did the government spend on confidential informants Mike Marshall and Scott Waters in their pursuit of “The Culture of Corruption” which so far has only been able to prosecute Black men in Dayton?

In the final prep for the trial, as jury instructions are to be given, and the case to begin Monday morning at 8:30 on the ninth floor of the Federal Building in Downtown Dayton, it has come out that the Feds spent hundreds of thousands of dollars to pay their CI’s to catch these petty criminals- while the true criminals are all still free.

Hell, even the man who took bags of cash- Roshawn Winburn, has yet to step foot in prison- with delay after delay.

I asked Judge Rose for a response on why he delayed the report date again. No answer.

I did a FOIA request to the FBI last week:

Date: 5 Jan 2022
FBI Attn: FOIPA Request 200 Constitution Drive Winchester, VA 22602
Dear FOIA Officer: ______________________
This is a request under the Freedom of Information Act.
Date range of request: January 2012 to present
Description of request:
Please search the FBI’s indices to the Central Records System for the information responsive to this request related to: Payments to made to the following individuals in Dayton Ohio as Confidential human sources, Confidential informants etc.
1) Michael E Marshall
2) Scott Waters
3) Joey D. Williams
4) Willis Blackshear (deceased)5) Aaron Sorrell
6) Roshawn Winburn
7) Nan Whaley
If you are unwilling to provide the amounts to each, by name, due to “confidentially” I would like the amount of money paid to all. Since Blackshear is dead, there should be no problem identifying his payments.
Since Whaley is currently running for Governor of the State of Ohio- and has done the same during this period- any payments to her- must be identified as donations or they are in conflict with campaign finance reporting laws.
Williams was a public official during that time and has been found guilty of corruptly soliciting a bribe already, so any funds paid to him should be made public.
Same goes for Winburn, who has yet to be sent to prison- despite pleading guilty long ago.
There is no question that Marshall and Waters were “confidential sources” thanks to the DOJ filing to block submission of discovery by Brian Higgins in a lawsuit and the DOJ’s filing.
The public has every right to know how many tax dollars have been spent in this “Culture of Corruption” case and to whom.
I am willing to pay up to [$500] for the processing of this request. Please inform me if the estimated fees will exceed this limit before processing my request.
I am seeking information for public information and journalism.
Thank you for your consideration,
Name: David Esrati

I’m waiting for a response.

And of course, I’m still waiting for the feds to give me a trial date on my FOIA request for the tapes of Nan Whaley, which were played to the Grand Jury that indicted Joey Williams, Roshawn Winburn, Clayton Luckie, Brian Higgins, Joyce Cameron and her husband.

The question I’d like to ask Judge Rose is how much can I pay him to delay his Kangaroo Court on the Higgins case- while the public was deceived and lied to by the very folks that are prosecuting Higgins about Williams being fit to run for re-election. They committed the crime of Misprision of a felony- and I’d like to bring charges:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Source: 18 U.S. Code § 4 – Misprision of felony | U.S. Code | US Law | LII / Legal Information Institute

With Rose’s refusal to explain to the public on why Winburn is not in prison, can he be trusted to do his job while allowing criminals to prosecute a citizen? Or is he just as corrupt?

It’s time for the charade to end. It’s time for the smoke and mirrors to end- and the real criminals in Dayton to be indicted, starting with the FBI who wasted a lot of taxpayer money while allowing a felon to remain in office in pursuit of what? Nan Whaley is running for Governor. If the tapes show she wasn’t guilty, release them.

We need some truth first, before we continue with a very expensive trial over a fish tank leaking and a hundred odd thousand dollars of insurance money being misdirected (with your CI right in the middle of it). Fact you may not know, Mike Marshall negotiated the lease on the old Chicken Louies on Main so Higgins could move his fish shop in. Marshall would do anything for a buck.

The only question is what’s a buck worth in this town? And how many does it take to buy your delay from reporting to prison yet again?

A local insurrection? Montgomery County Democratic Party re-org

The Jan 6, 2021 storming of the capital by fascists following Donald Trump’s lead was a defining moment in American history. A mob, incited by a sitting president, went to the Capitol, erected a gallows to hang the Vice President, and attacked the building- searching for members of congress to assault. Their claim was that the election had been “stolen” and that Trump was the rightful winner of the election. The members of congress who chose not to certify the election, never questioned their rights to hold office, despite many of them being elected on the same ballot (all of the House of Representatives and a third of the Senate).

The undermining of our free and open elections by elected officials should be considered treasonous and seditious behavior. Our system of democracy counts on trust in the fairness of our electoral process. Considering this country isn’t a true democracy, but a republic- ie- we elect people to represent us, our faith in the system is tantamount to trust in government. The insurrection has left us deeply divided, and many still believe the fallacy that Trump had the election stolen from him- despite the fact that he’d never won the popular vote, and the numbers were hardly statistically close.

The perpetrators of this lie, up to and including Trump himself, should all be held accountable.

Yet, the sad fact is, our local political parties in Montgomery County are no better at executing fair and honest elections. Deals in back rooms have guaranteed local judges jobs for life, have allowed offices to go unchallenged for years (Sheriff and Prosecutor), and the way we staff the Board of Elections has kept more good candidates off the ballot than should ever happen (the convoluted process is allowed to continue for good reason- it keeps the monarchy in power).

Rep Your Block LogoEvery 4 years, each party has the opportunity to change its leadership. For the Dems, it’s this year. And for the first time in decades, I have support in my quest to remove the local “friends and family plan” leaders from office. A coalition of progressives, fed up with the smear campaign mailings endorsed and enabled by the local Democratic Party against Shenise Turner Sloss and Darryl Fairchild were the last straw. They’ve brought the program of Rep Your Block to Montgomery County to find people more interested in doing things like:

  • kicking Mike Turner out of office,
  • making sure Josh Mandel isn’t the next Ohio Senator,
  • Trump doesn’t get re-elected,

Instead of making sure that their friends and families all have nice patronage jobs and the culture of corruption in Dayton stays alive and well.

If you are a Democrat who wants to see more democrats get elected, to see a party that supports and enables candidates to run effective campaigns, and to have the tools in place to effectively get out the vote so it’s not up to each candidate to build their own database, you need to attend the online training this coming Tuesday, January 11 at 7pm

Here’s the registration link: https://docs.google.com/forms/d/e/1FAIpQLSct7waH2cB_gU-nfV_zf5Y5SFJyq2jmRGPOTh8Y_58Pxqbtdg/viewform

I strongly urge you to attend, and to work together to oust Party Chair Mark Owens and his cronies from the party. The State Democratic Party has ordered that their practice of installing precinct captains who don’t live in precincts stop. This will preclude them from allowing the elected officials like Mat Heck, Marty Gehres, Karl Keith, the board of elections employees (appointed by the party) to fill the seats and vote for their meal tickets.

If you attend the meeting, you will learn how to pull a petition, get good signatures on your petition, turn it in at the right time, how to effectively campaign to win, and learn why it’s so important.

The only hickup in the process is that the County recently changed all the precincts and the Board of Elections hasn’t updated the information you need to effectively run yet. Petitions are due Feb 2nd. 2022. My precinct has been changed, and I’m sure I’ll face an opponent. Most precinct captains run unopposed. We now have 380+ precincts, when before it was 360- of which less than 130 were filled by elected captains. This means we need approximately 70 people to take the party back.

I’ll post more about the process, after the BOE fixes their website- and after the training session.

I have a vision for the new leadership of the party- that involves creating a reason for Democrats to attend, learn, grow the grassroots organization that we need to defeat the insurrectionists- and the misinformation. I plan on running again for party chair, with a platform and a plan, but, first, I’ll need your help. Please attend- even if just to learn how the process works.

Thank you.

Justice Thomas M. Rose has some ‘splain’n to do

Judge Thomas M Rose docket entires delaying Roshawn Winburn's prison dateIf Judge Thomas M. Rose wants to continue to be considered a distinguished jurist, he needs to explain to the public why Roshawn Winburn hasn’t already spent 6 measly months in the slammer.

If I stole groceries from Kroger to feed my family in Dayton, I’d have been in prison faster, for longer, than Roshawn Winburn.

Winburn was a well paid City of Dayton official who was indicted as part of the “Culture of Corruption” circus launched by the DOJ, FBI and the Ohio Attorney General on April 30, 2019. Winburn had accepted bags of cash from a disreputable FBI confidential informant in order to help award contracts to a company that Winburn was in the midst of partnering with so he could get a nice piece of that public tax dollar pie that tastes so sweet. Proof that Winburn is privileged- I can’t even find his mugshot online.

He didn’t go to trial. He plead guilty. In Monopoly, it’s called, “Go to jail, go directly to jail, do not pass go, do not collect $200.” But, for this shitbird criminal, who could afford to hire the best lawyers in town, he’s been free as a lark, spending time with his family, and getting delay after delay on his report date to Club Fed at Ashland KY.

Winburn was supposed to report to prison on Monday, January 10, 2022- the same day that the Higgins trial is supposed to start. Winburn isn’t on the witness list for this, so that’s not the excuse for delaying again.

Here’s a quote that Justice Rose should know- “Justice delayed is justice denied.” When Rose decided to send another one of the shitbirds, former Dayton City Commissioner Joey D Williams- it was years after he’d committed the crime of accepting a bribe in office. And, the FBI had allowed him to keep working as a Bank President making north of a quarter million a year in addition to his commission salary of $50K a year. The FBI and the DOJ allowed, and abetted this criminal in running for re-election to the  Dayton City Commission- with a deal that would require him to abdicate office if re-elected, and then delayed even longer before publicly humiliating this “pillar of the community” – this pious putz, who thought it was OK to send public dollars to the same CI- in exchange for a new patio enclosure on his house. Williams went to prison promptly, after his long negotiated deal- and was supposed to go for a year. Yet, Williams got out after serving only 3 months- and then goes on to open a restaurant with a liquor license- despite his being a convicted felon. What’s wrong with this picture?

Does Rose actually have any power to enforce the law against the criminally corrupt local Democratic Party Machine- or is he another cog in it? Don’t give me that he was appointed by George Bush as an excuse for his bad behavior, the local judges all serve lifetime appointments thanks to a cozy deal between the local political parties.

When Rose had Brian Higgins in his court- and wanted to send him for a psychiatric evaluation, he didn’t give him a cushy report date- Higgins was handcuffed and escorted out of the court straight to the Montgomery County Jail, then the Hamilton County Jail, and then to OKC, and finally to Chicago- where what was supposed to be a 45 day max evaluation, took 68 days. Higgins did 68 days in prison- without being found guilty. Winburn, has spent a year and a half jerking off at home.

The public deserve a better explanation of what Rose means when he says he’s delaying the report date “For good cause” – because it sure looks like someone is getting preferential treatment.

U.S. District Court
Southern District of Ohio (Dayton)
CRIMINAL DOCKET FOR CASE #: 3:18-cr-00119-TMR-1

Case title: USA v. Winburn Date Filed: 09/10/2018Date Terminated: 07/29/2020

Assigned to: Judge Thomas M. Rose
Defendant (1)
Roshawn Winburn
TERMINATED: 07/29/2020
represented by David Carr Greer
Bieser, Greer & Landis – 3
Suite 400
6 N Main Street
Dayton, OH 45402
937-223-3277
Fax: 937-223-6339
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: RetainedDavid Paul Williamson
Bieser, Greer & Landis, LLP
6 North Main Street
Suite 400
Dayton, OH 45402-1908
937-223-3277
Fax: 937-223-6339
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: RetainedThomas W. Anderson
Federal Public Defender
1 South Main Street
Fifth Third Center, Suite 490
Dayton, OH 45402
937-225-7687
Email: [email protected]
TERMINATED: 06/03/2019
Designation: Public Defender or Community Defender Appointment
Pending Counts Disposition
18 U.S.C. §§ 1343 & 1346 – Honest services wire fraud
(1-3)
DISMISSED
18 U.S.C. § 666 – Corruptly soliciting a bribe
(4)
USBOP six (6) months; Two (2) years Supervised Release with Special Conditions; $100 Special Assessment; $8500 Restitution
18 U.S.C. § 666 – Corruptly soliciting a bribe
(5)
DISMISSED
18 U.S.C. § 100l(a)(2) – Making a false statement
(6)
DISMISSED
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None

Plaintiff
USA represented by Brent Tabacchi
United States Attorney’s Office
200 W Second Street
Room 602
Dayton, OH 45402
937-225-2910
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

 

Date Filed # Docket Text
01/06/2022 44 ENTRY GRANTING UNOPPOSED MOTION FOR EXTENSION OF VOLUNTARY SURRENDER DATE as to Roshawn Winburn (1). (USMS) Signed by Judge Thomas M. Rose on 1/6/2022. (ep) (Entered: 01/06/2022)
01/03/2022 43 Joint MOTION to Continue Delay Execution of Sentence by Roshawn Winburn. (Williamson, David) (Entered: 01/03/2022)
08/31/2021 42 ENTRY GRANTING MOTION 41 TO DELAY EXECUTION OF SENTENCE AND RESETTING VOLUNTARY SURRENDER DATE as to Roshawn Winburn (1). (USMS) Signed by Judge Thomas M. Rose on 8/30/21. (ep) (Entered: 08/31/2021)
08/30/2021 41 MOTION Delay Report Date from September 6, 2021 to January 10, 2022 by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 08/30/2021)
03/16/2021 39 ENTRY GRANTING MOTION 38 TO DELAY EXECUTION OF SENTENCE AND RESETTING VOLUNTARY SURRENDER DATE as to Roshawn Winburn (1). Signed by Judge Thomas M. Rose on 3/16/21. (ep) (Entered: 03/16/2021)
03/14/2021 38 Third MOTION to Delay Report Date by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 03/14/2021)
12/17/2020 36 ENTRY GRANTING MOTION TO DELAY EXECUTION OF SENTENCE 35 AND RESETTING VOLUNTARY as to Roshawn Winburn (1). USMS. Signed by Judge Thomas M. Rose on 12/17/20. (ep) (Entered: 12/17/2020)
12/16/2020 35 Second MOTION to Delay Report Date by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 12/16/2020)
11/09/2020 34 Notice of Satisfaction of Judgment (Paid in Full) by Roshawn Winburn (Hamilton, Bethany) (Entered: 11/09/2020)
09/14/2020 33 ENTRY AND ORDER GRANTING MOTION TO DELAY EXECUTION OF SENTENCE 32 AND RESETTING VOLUNTARY SURRENDER DATE as to Roshawn Winburn (1). Signed by Judge Thomas M. Rose on 9/14/20. (ep) (Entered: 09/14/2020)
09/11/2020 32 First MOTION Request To Delay Report Date by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 09/11/2020)
07/29/2020 30 JUDGMENT as to Roshawn Winburn (1), Count(s) 1-3, 5, 6, DISMISSED; Count(s) 4, USBOP six (6) months; Two (2) years Supervised Release with Special Conditions; $100 Special Assessment; $8500 Restitution Signed by Judge Thomas M. Rose on 7/29/20. (ep) (Entered: 07/29/2020)
07/29/2020 29 Minute Entry for proceedings held before Judge Thomas M. Rose: Sentencing held on 7/29/2020 for Roshawn Winburn (1). Defendant appeared with Counsel. Waiver of Appearance filed prior to hearing and acknowledge in open court. As to Count 4, the Court ORDERS the Defendant be remanded to the United States Bureau of Prisons for a term of six (6) months; two (2) years Supervised Release with Special Conditions; $100 Special Assessment; and $8500 Restitution. The Court recommends that the Defendant be accorded all allowable presentence credit for time spent incarcerated on said offense and be incarcerated at a facility as close to the Dayton, Ohio area consistent with his security status. Voluntary Surrender. Defendant’s right of appeal explained an understood.Count(s) 1-3, 5, 6, DISMISSED. (Court Reporter: Mary Schweinhagen) (ep) (Entered: 07/29/2020)
07/24/2020 28 WAIVER of Right to Appear in Person by Roshawn Winburn. (Williamson, David) (Entered: 07/24/2020)
07/24/2020 27 SENTENCING MEMORANDUM by Roshawn Winburn (Williamson, David) (Entered: 07/24/2020)
07/24/2020 26 SENTENCING MEMORANDUM by USA as to Roshawn Winburn (Tabacchi, Brent) (Entered: 07/24/2020)
04/27/2020 NOTICE OF HEARING as to Roshawn Winburn: Pursuant to General Order 20-08, Sentencing HAS BEEN RESET for 7/29/2020 at 10:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. (ep) (Entered: 04/27/2020)
02/11/2020 25 SENTENCING HEARING NOTICE AND ORDER as to Roshawn Winburn: Sentencing set for 5/21/2020 AT 10:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Any Sentencing Memorandum must be filed no later than seven (7) business days following the final disclosure of the presentence investigation report. If the other party opposes the SentencingMemorandum, the opposing party shall file a Response to Sentencing Memorandum no later than five (5) business days following the receipt of the Sentencing Memorandum. If the Court desiresany further memoranda or a continuation of the sentencing hearing, the parties will be so notified. Signed by Judge Thomas M. Rose on 2/11/20. (ep) (Entered: 02/11/2020)
02/11/2020 24 Presentence Report Disclosure Notification received as to Roshawn Winburn. Report to be completed by Amy Shamp. Presentence Investigation Report due by 4/28/20. (ep) (Entered: 02/11/2020)
02/11/2020 23 Minute Entry for proceedings held before Judge Thomas M. Rose: Change of Plea Hearing as to Roshawn Winburn held on 2/11/2020. Plea entered by Roshawn Winburn (1) Guilty as to Count 4. Sentencing set for Thursday, May 21, 2020 at 10:30 am in Courtroom 2 before Judge Thomas M. Rose. Defendant continued on bond as previously ordered by the Court. (Court Reporter: Mary Schweinhagen) (ep) (Entered: 02/11/2020)
02/11/2020 Minute Entry for proceedings held before Judge Thomas M. Rose:In Chambers Conference as to Roshawn Winburn held on 2/11/2020 (ep) (Entered: 02/11/2020)
02/11/2020 22 PLEA AGREEMENT as to Roshawn Winburn, STATEMENT OF FACTS as to Roshawn Winburn (Tabacchi, Brent) (Entered: 02/11/2020)
02/11/2020 NOTICE OF HEARING as to Roshawn Winburn: Change of Plea Hearing set for 2/11/2020 at 1:30 PM in Courtroom 2 – Dayton before Judge Thomas M. Rose. (ep) (Entered: 02/11/2020)
10/11/2019 21 ORDER granting 20 Motion to Continue as to Roshawn Winburn: Final Pretrial Conference set for 2/11/2020 at 1:30 PM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Jury Trial set for 2/24/2020 at 9:00 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. The delay occasioned by this continuance shall be deemed an excusable delay pursuant to the provisions to 18 U.S.C.§3161(h)(7)(A) in computing time from indictment to trial under the Speedy Trial Act. Signed by Judge Thomas M. Rose on 10/11/19. (ep) (Entered: 10/11/2019)
10/11/2019 Minute Entry for proceedings held before Judge Thomas M. Rose: Pretrial Conference as to Roshawn Winburn held on 10/11/2019 and Motion Hearing as to Roshawn Winburn held on 10/11/2019 re 20 MOTION to Continue filed by Roshawn Winburn. Defendant appeared with Counsel. No objection by the Government. The Court finds that within the factual and legal confines of this case, the ends of justice outweigh the interests of the public and defendant’s in a speedy trial, pursuant to 18 U.S.C. § 3161(h)(7)(A)and GRANTS said motion. Jury Trial set for Monday, February 24, 20120 at 9:00 am in Courtroom 2 before Judge Thomas M. Rose. Final Pretrial Conference set for Tuesday, February 11, 2020 at 1:30 pm. Order to issue. Defendant continued on bond as previously ordered by the Court. (Court Reporter: Mary Schweinhagen) (ep) (Entered: 10/11/2019)
10/11/2019 20 MOTION to Continue by Roshawn Winburn. (Williamson, David) (Entered: 10/11/2019)
09/30/2019 NOTICE OF HEARING as to Roshawn Winburn: Final Pretrial Conference / Motion Hearing HAS BEEN RESET for 10/11/2019 at 9:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. (ep) (Entered: 09/30/2019)
06/04/2019 NOTICE OF HEARING as to Roshawn Winburn: Final Pretrial Conference set for 10/1/2019 at 10:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Jury Trial set for 10/15/2019 at 9:00 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. (ep) (Entered: 06/04/2019)
06/04/2019 19 ORDER GRANTING 18 MOTION TO CONTINUE as to Roshawn Winburn: The delay occasioned by this continuance shall be deemed an excusable delaypursuant to the provisions to 18 U.S.C. §3161(h)(7)(A) in computing time from indictment to trialunder the Speedy Trial Act. Signed by Judge Thomas M. Rose on 6/4/19. (ep) (Entered: 06/04/2019)
06/04/2019 Minute Entry for proceedings held before Judge Thomas M. Rose: Motion Hearing as to Roshawn Winburn held on 6/4/2019 re 18 MOTION Continuance filed by Roshawn Winburn. Defendant appeared with Counsel. no objection by the Government. Jury Trial reset to Tuesday, October 15, 2019 at 9:00 am in Courtroom 2 before Judge Thomas M. Rose. Final Pretrial Conference set for Tuesday, October 1, 2019 at 10:30 am. Order to issue. Defendant continued on bond as previously ordered by the Court. (Court Reporter: Mary Schweinhagen) (ep) (Entered: 06/04/2019)
06/03/2019 18 MOTION Continuance by Roshawn Winburn. (Williamson, David) (Entered: 06/03/2019)
05/16/2019 17 SCHEDULING ORDER as to Roshawn Winburn: Discovery due by 5/20/2019. Motions due by 5/31/2019. Final Pretrial Conference set for 6/4/2019 at 9:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Jury Trial set for 6/24/2019 at 9:00 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Unless a motion to continue has been filed or some other action or motion under 18 U.S.C. § 3161(h) (1) thru (8) has occurred, that would exclude the computing of time within which trial must commence, the parties are required to fully comply with the requirements and deadlines contained in this order. Signed by Judge Thomas M. Rose on 5/16/19. (ep) (Entered: 05/16/2019)
05/16/2019 Minute Entry for proceedings held before Judge Thomas M. Rose: Pretrial Conference as to Roshawn Winburn held on 5/16/2019. Scheduling Order to issue. (ep) (Entered: 05/16/2019)
05/09/2019 16 NOTICE OF ATTORNEY APPEARANCE: David Paul Williamson appearing for Roshawn Winburn (Williamson, David) (Entered: 05/09/2019)
05/09/2019 15 NOTICE OF ATTORNEY APPEARANCE: David Carr Greer appearing for Roshawn Winburn (Greer, David) (Entered: 05/09/2019)
05/09/2019 NOTICE OF HEARING as to Roshawn Winburn: Pretrial Conference HAS BEEN RESET FOR 5/16/2019 at 1:30 PM (TIME CHANGE ONLY) in Chambers before Judge Thomas M. Rose. (ep) (Entered: 05/09/2019)
04/30/2019 14 ORDER Setting Conditions of Release as to Roshawn Winburn: Defendant released on Own Recognizance bond. Signed by Magistrate Judge Michael J. Newman on 4/30/2019. (dm) (Entered: 04/30/2019)
04/30/2019 Minute Entry for proceedings held before Magistrate Judge Michael J. Newman: Defendant Roshawn Winburn appeared pursuant to arrest for an Arraignment on Indictment held on 4/30/2019. FA completed and approved and FPD, Thomas Anderson, appointed. Rights and penalties explained and understood. Defendant entered a plea of Not Guilty as to counts 1,2,3,4,5, and 6. Pretrial Conference set for 5/16/2019 at 2:30 PM in Chambers before Judge Thomas M. Rose. Bond conditions read on the record and signed by the Court and the Defendant. Defendant to be released on Own Recognizance bond immediately after Court. (Recorded By: CourtSmart, record number: MJN-4/30/2019) (dm) (Entered: 04/30/2019)
04/30/2019 13 ORDER APPOINTING FEDERAL PUBLIC DEFENDER Thomas W. Anderson for Roshawn Winburn. Signed by Magistrate Judge Michael J. Newman on 4/30/2019. (dm) (Entered: 04/30/2019)
04/30/2019 12 CJA 23 Financial Affidavit by Roshawn Winburn. (dm) (Entered: 04/30/2019)
04/30/2019 9 Arrest Warrant Returned Executed on 4/30/2019 in case as to Roshawn Winburn. (srb) (Entered: 04/30/2019)
04/30/2019 NOTATION ORDER granting 8 Motion to Unseal Case as to Roshawn Winburn (1). Signed by Judge Thomas M. Rose on 4/30/19. (ep) (Entered: 04/30/2019)
04/29/2019 8 MOTION to Unseal Case by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 04/29/2019)
09/10/2018 5 INDICTMENT as to Roshawn Winburn (1) count(s) 1-3, 4-5, 6. (pb) (Entered: 09/10/2018)
09/10/2018 2 ORDER granting 1 Motion to Seal Case as to Roshawn Winburn (1). Signed by Judge Thomas M. Rose on 9/10/18. (pb) (Entered: 09/10/2018)
09/10/2018 1 MOTION to Seal Case by USA as to Roshawn Winburn. (pb) (Entered: 09/10/2018)

 

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