Without Dan Noyes, we wouldn’t be on the map.
There’s been some talk on this site about Walter & Kelly’s sentencing. And we’re aware that it’s not just us victims reading this site anymore. We have readers from the media as well as law enforcement/judicial. There’s a lot to learn here about what these crooks did to us and how they stole our hard-earned money.
Life isn’t fair sometimes and we’ve received the short end of the stick in terms of this investment and the fallout that has ensued. Here’s to the legal system dealing a knockout punch to the hucksters who robbed us blind.
The enclosed information is provided by the United States Department of Justice Victim Notification System (VNS). As a victim witness professional with the United States Attorney’s Office, my role is to assist you with information and services during the prosecution of this case. I am contacting you because you were identified by law enforcement as a victim during the investigation of the above criminal case.
The sentencing hearing for defendants Walter Ng and Kelly Ng has been set for March 5, 2014, 2:30 PM at Courtroom 1, 4th Floor, 1301 Clay Street, Oakland, CA before Judge Phyllis Hamilton. You are welcome to attend this proceeding; however, unless you have received a subpoena, your attendance is not required by the Court.
Well, today the Robie household received its USDOJ Victim Notification System letter that we discussed on this site just a few days ago.
Here’s the gist:
“The government has [charged] defendants Walter Ng and Kelly Ng with the crime of Structuring Transactions for the Purpose of Evading a Reporting Requirement.”
- That’s the best they could do? Evading a reporting requirement? This is nothing like tripping up Al Capone on an income tax issue. This feels a lot more like giving Walter and Kelly a jaywalking ticket.
“The defendants are scheduled for arraignment on November 6, 2013, at 9:30 AM, before Magistrate Judge Kandis Westmore in Courtroom 4, 3rd Floor, 1301 Clay Street, Oakland, CA.”
- Okay…tell us more….
“The government and defense counsel for the Ngs have reached a resolution to these charges and anticipate that the defendants will plead guilty on November 6, 2013, at 1:30 PM, before District Judge Phyllis Hamilton in Courtroom 3, 3rd Floor, 1301 Clay Street, Oakland, CA.”
- This doesn’t bode well for the investors. A “resolution” has been reached. Why let these guys off easy? This has the aroma of a skunk’s rear end.
“The government provides this notice to you because you may have been an investor in RE Loans, LLC and/or Mortgage Fund 08, LLC. Victims of all crimes under federal investigation are entitled to service under the Victims’ Rights and Restitution Act (VRRA), including notification of court events. However, because you were not directly and proximately harmed as a result of the structuring-related conduct charged in the filed criminal Information, you are not covered under the Crime Victims’ Rights Act.
“With regard to restitution, the government does not expect to recover any loss amounts in this case.”
- The picture above about sums it up. Et tu, Brute? Would anyone else supposedly put in place to help us like to cave like a house of cards and do nothing to help those who need — and DESERVE — the help?
“In any event, we will continue to provide you with notifications and services unless you tell us not to.”
- Gee, thanks.
“Because of the Court’s schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the Victim Notification System (VNS) Call Center or check the website to confirm the date and time. Please note, there is a 24-hour delay in information transferred to the website.”
- The phone number to call is 1-866-365-4968
- No, we cannot bill the call to the Ngs
“Separate from the charges filed by the U.S. Attorney’s Office; please note that the Securities and Exchange Commission has charged Walter and Kelly Ng by Complaint with fraud-related securities violations for their activities involving RE Loans and Mortgage Fund 08.”
- Finally some good news in an otherwise bleak letter from the government.
- It’s not our Victim Witness Specialist Yvette Baird’s fault that it seems like these thieves are getting off scott-free. She’s just doing her job. The real blame lies with the folks WAY up the food chain.
- We matter. There are A LOT of us. We’ve all been stolen from, duped, lied to, taken advantage of and, in some cases, had our lives upended, detoured and even ruined. All because of the Ngs and now they’re essentially getting away with it without ever having to pay the true piper. This isn’t right. This isn’t justice. This is injustice, and it’s far from the American way. Our government has failed us. The DOJ, the SEC, the California Attorney General, the FBI. Everyone. It’s fucking preposterous and every official, whether elected or appointed, should be ashamed.
Could Walter’s days of sipping coffee on this Rossmoor terrace be limited?
On behalf of Trustee Fred Hjelmeset, attorney Tracy Green has filed an objection to Walter’s many exemptions in his personal bankruptcy case, including challenging the exemption of his new digs in Rossmoor, because it exceeds the $146,450 cap he’s allowed for a homestead.
While the investors have spent countless hours digging through old files in search of documents to support your claims and filings with the FBI and bankruptcy courts, take heart that Walter will now be digging through his files to prove the the source of funds in his bank accounts.
Those who have lost your IRA accounts to the Ng family could soon find Walter in your club, since the trustee is objecting to Walter’s exemption claim to keep his IRA “because the account was involved in prohibited transactions.”
droid attorney challenge any of this? He’s already racked up over a quarter of a million dollars in legal fees, without being able to answer almost any question the judge asked, or making even an attempt at a repayment plan for chapter 11. What’s it going to cost us if Kaplan actually has to write or file something?
Looks like Walter might finally get some sense of the financial squeeze he’s put so many others in. But even if the trustee succeeds on every objection, Walter will still be living better than many of the people who trusted him with their life savings or retirement funds. Maybe Kelly will let them stay in a room at his 6441 square foot house, unless a future trustee lays claim to that too, along with Barney and Bruce’s McMansions. We can hope.
Read the whole filing here.