Friday, October 17, 2008

UPDATED: Joplin Businessman Gary Hall Indicted On Federal Charges

For Updates Go To Bottom Of Story:

Federal charges have been filed against Joplin businessman, Gary Lester Hall, who is the owner and president of cigarette wholesale business, Sunflower Supply Company in Galena, Kansas.

The investigation into Hall and several others (seven of the eight charged live in Joplin, MO, or Galena, KS--one lives in OK) began two and a half years and resulted in the 43 count federal indictment that was unsealed and read today.

The fed's allege that Hall and his co-defendants conspired to bilk the states of Oklahoma and Native American Indian tribes out of at least $25 million in shared lost tax revenue.

Friday's 43 count indictment includes multiple counts of mail and wire fraud involving cigarette orders and the transfer of close to one million dollars from one smoke shop in Oklahoma.

A spokesperson with the ATF say that Hall's house near Joplin, a jet
and property in Las Vegas will be seized.

UPDATE: Hall has been released on $100,000 bond according to his attorney, Dan Monnat. Monnat told The Associated Press that, "Gary Hall is a well-respected businessman and philanthropist from southeast Kansas, and he insists he is innocent, and he welcomes a jury trial that will establish that fact."

UPDATE: 01-29-08:

A federal judge in Oklahoma has told prosecutors that he will not rule on a motion filed with the court to determine whether alleged cigarette-trafficker Gary L. Hall is using millions of dollars at his disposal to influence the outcome of pending litigation filed against him and several of his employees.

In Ocotber, Hall and several of his employees were charged with money laundering, mail fraud and other various other charges in a 43 count federal indictiment in October.

The Tulsa World has reported that Hall reportedly made $110 million on the sale of the Medallion Co., a discount cigarette company in 2002.

Prosecutors say they want a ruling on whether or not it is legal for Hall to be paying for the legal expenses of many of the other defendants. They say that it keeps them from be able to make plea agreements that could implicate Hall.

U.S. District Judge Monti Belot denied the prosecution's motion without prejudice on Jan. 14, 2009. Belot wrote in his ruling: "While the court is somewhat concerned that Hall (supposedly) is paying for all of the defendants' attorneys, this fact alone, assuming it is true, does not trigger an inquiry. As previously noted on the record, the court knows all the lawyers in this case, each of whom is highly ethical and will zealously represent the interests of, and only of, his client(s).

UPDATE 10-10-09:

The evidence seized when federal agents stopped a van driven by a man employed by Joplin millionaire Gary Hall has been tossed out of court.

The feds alleged that Hall and his co-defendants conspired to bilk the states of Oklahoma and Kansas as well as Native American Indian tribes out of at least $25 million in shared lost tax revenue.

Investigators claimed that in 2006, the Kansas Highway Patrol pulled over a truck carrying more than $200,000 worth of cigarettes without proper documentation and tax stamps.

Authorities claimed that Hall and some associates were pocketing millions of dollars in undocumented revenue a scheme to avoid paying tobacco taxes.

A federal judge ruled that the trooper stopped the van without probable cause, therefore any evidence that was seized in that stop cannot be used in the case.

There is no word on how the ruling will affect the 53 count indictment filed against Hall and his business associates. Federal prosecutors say the charges, "are not going away."

Hall owns Sunflower Supply Company, a tobacco wholesale business based in Galena, Kansas.

2 comments:

Anonymous said...

ILLEGAL PROCESS SERVERS IN JOPLIN MISSOURI / JASPER COUNTY…
Joplin, Missouri - Jasper, Judicial Circuit 29

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PEOPLE ACROSS AMERICA ARE BEING FALSELY NOTIFIED BY PROCESS SERVERS – AND ARE HAVING THEIR HOMES, BANK ACCOUNTS AND OTHER ASSESTS SEIZED IMPROPERLY WITHOUT DUE PROCESS – BY THE COURTS, BECAUSE OF IMPROPER NOTIFICATION AND THE JUDGES RENDERING DEFAULT JUDGEMENTS……
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Judge Gayle Crane, Circuit Judge, Division 1
Judge David C. Dally, Circuit Judge, Division 2
Judge David B. Mouton, Circuit Judge, Division 3/Probate
Judge Joseph Schoeberl, Associate Circuit Judge
Judge Richard D. Copeland, Associate Circuit Judge
Judge Stephen P. Carlton, Associate Circuit Judge

ILLEGAL PROCESS SERVERS IN JASPER COUNTY…

Several People in the Joplin and surrounding area are being illegally severed / notified by Wendy Kelley Hilgenberg and her Ex-Husband – they are leaving official Court documents with neighbors and relatives for Court Cases and then telling the Local Courts that the Defendant has been properly Served. This is illegal and these two should be prosecuted for lying to the courts.

When the Court Case comes up on the docket these individuals / Defendants, do not show up because they were not properly notified and then the local Judges award a Default Judgment against them. The Judges are aware of this and just let this happen – it is all about money.

Wendy Kelley Hilgenberg and her Ex-Husband, are being appointed as Special Process Servers and are being Paid for this illegal Process Serving - - It is time that the Judges of Jasper County step up and due something about this - - Presiding Judge David C. Dally and Judge Richard D. Copeland have been notified, but continually fail to do anything about this type of disservice to the Tax Payers and Residents of Jasper County.

*** THIS IS HAPPENING PLEASE CHECK THIS OUT ***

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AFFIDAVIT OF SERVICE also known as a PROOF OF SERVICE
An Affidavit of Service as it relates to serving a Witness Subpoena is a sworn typed statement of facts made by an affiant (Process Server) under an oath and is subject to state and Federal law, as applicable. The Affidavit of Service is a document that is submitted to the court after service of the Subpoena has been perfected upon the witness and or entity.
The Affidavit of Service is sworn statement of proof in the form of a court paper filed by the Affiant (Process Server) as evidence that she served the witness or party to the lawsuit with the court papers she was instructed to serve.


*** THIS IS HAPPENING PLEASE CHECK THIS OUT ***



***THIS IS HAPPENING ALL OVER AMERICA***


CATTARAUGUS COUNTY—An Erie County process server has been arrested by the state Attorney General’s office on charges that she allegedly filed false affidavits of service of legal papers with the Cattaraugus County Clerk, causing default judgments to be entered against unsuspecting individuals.
The Attorney General’s Office alleges Annette Forte, 34, of Broadway, Alden, claimed to serve papers on individuals when she had not, leaving those individuals with no notice of pending court actions against them. This led to default judgments that could include wage garnishment, the seizure of bank accounts and other assets or negative impact on credit ratings.
“These victims had no idea that a court action had been brought against them, and because of that, were unable to defend themselves,” said Attorney General Andrew Cuomo. “The integrity of our court system requires that all people involved be truthful in their testimony and in their sworn affidavits. My office will make every effort to investigate the circumstances surrounding affidavits filed by this defendant in any court or county in New York State.” Forte was charged Tuesday in Little Valley Town Court in Cattaraugus County with two counts of Offering a first degree offering a false instrument for filing, a class E felony, and one count of second degree scheme to defraud, a class A misdemeanor.
Forte was released on her own recognizance pending further court action.
According to court papers, from approximately August 2007 to April 2008, Forte was a process server and filed numerous sworn affidavits of service with the Cattaraugus County Clerk, as well as with Allegany, Chautauqua, and Wyoming Counties. In these affidavits, Forte claimed that she served and attempted to serve copies of legal papers regarding lawsuits against citizens who allegedly owed money to creditors.
The criminal complaint against Forte charges that she did not actually serve or attempt to serve various legal papers in Cattaraugus County as she claimed.
The Attorney General’s office is investigating the circumstances behind affidavits filed by Forte in any county in the state. Anyone with additional information is urged to contact Investigator Migaj at (716) 853-8468.
Before a creditor seeking to collect a debt can garnish a debtor’s paycheck or seize bank accounts and personal property, the law requires that the creditor obtain a judgment. A judgment may only be filed with a court when a debtor has been served with legal papers, has had the opportunity to respond and contest the creditor’s claims, and then fails to do so. Unless service of the legal papers is made in accordance with this proper procedure, the resulting judgment may be invalid.
The process server must provide the court clerk with an affidavit detailing the manner and method by which service was made. If a process server falsely claims that they provided legal paperwork to the opposing party, a subsequent judgment would be wrongfully based upon the debtors’ failure to appear and contest the claim about which he or she actually knew nothing. 4-29-08

Judge spots fraud, blocks 630 evictions
posted by PInow.com Staff | June 22nd, 2007
An alert Manhattan Housing Court judge saved hundreds of public housing tenants from eviction this winter by blowing the whistle on a Bronx woman who never gave tenants formal notice of the legal proceedings against them.
Manhattan District Attorney Robert Morgenthau disclosed the judge’s intervention yesterday when he announced that process server Margarita Nunez, 51, has pleaded guilty to filing false documents and faces five years’ probation.


Saturday, May 03, 2008
Process Server Charged With Filing False Affidavits Attesting To The Service Of Legal Papers On Defendants In Lawsuits
From the office of the New York Attorney General:
Attorney General Andrew M. Cuomo [this week] announced the arrest of an Erie County woman who allegedly filed false affidavits of service of legal papers with the Cattaraugus County Clerk, causing default judgments to be entered against unsuspecting individuals. The Attorney General’s Office alleges she claimed to serve papers on individuals when she had not, leaving those individuals with no notice of pending court actions against them. This led to default judgments that could include wage garnishment, the seizure of bank accounts and other assets or negative impact on credit ratings. “These victims had no idea that a court action had been brought against them, and because of that, were unable to defend themselves,” said Attorney General Cuomo.
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Annette Forte, 34, of Broadway in Alden was charged today in Little Valley Town Court in Cattaraugus County with two counts of Offering a False Instrument for Filing in the First Degree (class E felony) and one count of Scheme to Defraud in the Second Degree (a class A misdemeanor). The maximum sentence for Offering a False Instrument for Filing in the First Degree is 4 years in prison.

Anonymous said...

This information is the TRUTH! I can speak first-hand because it happened to me in Washington County, AR and the culprit was Chambers Bank. Never received any documents until the case had gone before the judge and I was officially in default for not being there. I didn't even know there was a court date. I wish there was a legal entity out there that could help people in this situation as I really don't have the thousands of dollars needed to fight it.