asks US Federal Judge Clark Waddups (Utah) to toss interview with agents
Wednesday
Rick Koerber of Franklin Squires asks US Federal Judge Clark Waddups (Utah) to toss interview with agents
asks US Federal Judge Clark Waddups (Utah) to toss interview with agents
Friday
Feds file new indictment in Koerber investment fraud case , Colaboration by Robert Paisola WC Media USA
http://franklinsquires.blogspot.com/2011/08/our-public-statement-on-c-rick-koerber.html
The Indictment from The US Attorney Website: Not too much different... Look at the Date... 2009? Is this just a rehash of the old stuff.. Looking at the Justice Department Memo (below) ...YEP
http://www.justice.gov/usao/ut/caseupd/documents/koerber%20superseding%20indictment.pdf
"There are no substantive changes in the superseding indictment. Changes were made to the section of the indictment describing the scheme and artifice to defraud. In addition, Count 1 of the previous indictment was eliminated following a ruling by U.S. District Judge Clark Waddoups that documents which formed the basis of Count 1 were protected by the attorney-client privilege."
The Official United States Justice Department Statement
http://www.justice.gov/usao/ut/press/releases/Koerber%20second%20ss%20indictment%20statement.pdf
The Salt Lake Tribune
Published: September 29, 2011 08:48PM
Updated: September 29, 2011 11:53PM
Francisco Kjolseth | Tribune file photo Rick Koerber, accused of massive fraud in Utah County shows up to Federal Court in Salt Lake City in January 2010 for a status hearing alongside his wife, Jewel Skousen. The federal government on Thursday filed a new indictment against Koerber after a judge threw out a key piece of evidence in case over an alleged investment scam that took in more than $100 million.
A federal grand jury on Thursday returned a new 20-count indictment alleging Utah County businessman Rick Koerber engaged in widespread investment and tax fraud.
The indictment follows a federal judge’s decision in July to throw out a key piece of evidence in Koerber’s case, in which he is accused of running an investment scam that took in more than $100 million.
Assistant U.S. Attorney Stewart Walz previously said the ruling by U.S. District Judge Clark Waddoups affected a “significant” part of an existing 22-count indictment alleging fraud, money laundering and tax evasion by Koerber in his operation of FranklinSquires Cos. and related real-estate investment businesses.
Waddoups’ decision forced prosecutors to seek a new indictment, which was filed Thursday, said Melodie Rydalch, public information officer for the U.S. Attorney’s Office.
“There are no substantive changes in the superseding indictment,” Rydalch wrote in a statement. She said small changes were made to a section of the indictment describing the alleged “scheme and artifice to defraud.”
Count one of the first indictment was deleted after Waddoups’ ruling, which found documents that formed the basis of count one were protected by attorney-client privilege, Rydalch said.
The indictment accuses Koerber of operating a Ponzi scheme in which money from new investors was used to pay initial and previous investors to make the businesses appear profitable and to continue to attract new money.
Waddoups’ previous ruling stated a draft letter Koerber had prepared for major investors was subject to attorney-client privilege and couldn’t be used against him. The government contended the letter had been sent to investors in the real-estate company, but Waddoups said testimony from Koerber and other sources indicated the letter was never sent out and remained confidential communication between Koerber and attorneys.
Waddoups said in his ruling that a government witness, Koerber’s former personal assistant, was not credible when she testified she mailed out the letter on Koerber’s instructions.
The letter has not been placed in the court record nor read in open court, but testimony and court filings indicate it had to do with how investors’ funds would be used.
Koerber was originally indicted on three counts in May 2009, but 19 additional charges were added in a previous superseding indictment in November of that year.
Koerber was considered something of an investment guru in Utah County, where he charged large fees for seminars and classes about investing in real estate using procedures he called “equity milling.” But prosecutors also said he lured in hundreds of investors with promises of high returns before the companies collapsed when the nation’s real-estate bubble burst in 2008.
The indictments allege he used about half of the $100 million to pay back initial investors and also spent funds on investments other than real estate.
Koerber’s attorney, Marcus Mumford, contends the government has no evidence that Koerber promised investors one thing and did something else.
mrogers@sltrib.com
Twitter: @mrogers_trib
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Koerber partner faces tax charge
Gabriel S. Joseph, a partner with Rick Koerber in the FranklinSquires Cos., also faces federal charges. Joseph was charged in April with two misdemeanors for allegedly failing to file tax returns for 2004 and 2005. He has pleaded not guilty, and a trial is set for December.
This is another Article on this Matter:
Utah County businessman indicted in federal court, again
Story
Discussion
Jim Dalrymple - Daily Herald | Posted: Friday, September 30, 2011 12:01 am | No Comments Posted
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SALT LAKE CITY -- A federal grand jury has returned a second superseding indictment against a Utah County businessman accused of tax fraud.
The indictment charges Rick Koerber with six counts of fraud in the offer and sale of securities, 10 counts of wire fraud, two counts of money laundering and two counts of tax evasion. A federal court news release states that one count from a previous indictment was eliminated because a document on which that count was based could not be used in court.
Court documents state that Koerber used several different businesses and Ponzi schemes to bilk investors out of their money. The case was filed in 2009, and Koerber initially was charged with three counts -- mail fraud, wire fraud and tax evasion. Additional criminal charges were filed later for his alleged involvement in a $100 million Ponzi scheme.
According to Koerber's charging documents, Koerber carried out his scheme between 2004 and 2008. The documents state that he used a real estate program he dubbed an "Equity Mill" to convince investors that they could make significant amounts of money. He attracted new investors with magazine advertisements that promised investors they could make money without ever buying property, the documents reveal. He also reportedly claimed that the so-called investments were risk-free.
But the money he took in through his Founders Capital company reportedly was not used for the Equity Mill -- as he claimed it would be -- and other companies Koerber ran were not profitable. Koerber was aware of those facts, the documents assert, but intentionally misled investors.
Koerber also is accused of using investor money improperly. The documents state that he spent more than $800,000 on restaurants, $1 million on expensive cars, $5 million making a movie, $425,000 minting coins and hundreds of thousands of dollars on other expenses. The documents ultimately assert that Koerber took in more than $100 million in investor funds, and used more than $50 million to make Ponzi payments.
Koerber's new indictment comes after a judge prohibited prosecutors from using a letter Koerber wrote in the past. Koerber argued that the letter was protected by attorney-client privilege, while prosecutors believed he had used it to mislead investors.
Koerber's attorney, Marcus Mumford, has said that he believes the allegations are baseless. He pointed out that a key witness for the prosecution turned out not to be credible. Mumford also said the entire case has been built on unsupported facts and conclusions.
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Copyright 2011 Daily Herald. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Posted in Crime-and-courts, Alpine, Jim-dalrymple on Friday, September 30, 2011 12:01 am Updated: 12:15 am. | Tags: Alpine, Crime, Fraud, Federal Court, Tax Evasion, Rick Koerber
SALT LAKE CITY -- Federal prosecutors plan to file a new, or superseding, indictment against an Alpine businessman after a judge ruled that a letter the man wrote cannot be used in court.
Melodie Rydalch, spokeswoman for the U.S. Attorney's Office in Utah, said that the federal government's first count against Rick Koerber is based on a specific document that U.S. District Judge Clark Waddoups ruled Tuesday is privileged. As a result, prosecutors cannot use that document and will seek the superseding indictment. Rydalch did not say what new charges Koerber may face.
Koerber had faced 22 charges related to tax evasion and fraud. Court documents state that Koerber used several different businesses and Ponzi schemes to bilk investors out of their money. The case began in 2009 and Koerber initially was charged with three counts -- mail fraud, wire fraud and tax evasion. Nineteen additional criminal charges were filed later for his alleged involvement in a $100 million Ponzi scheme.
Rydalch stressed Tuesday afternoon that seeking a superseding indictment is a routine procedure and does not mean prosecutors were dismissing the case. She added that prosecutors remain confident in the case.
But defense attorney Marcus Mumford described Tuesday's developments as a victory for Koerber. He said that the government's decision to seek a superseding indictment stemmed from a ruling Waddoups issued in June and which prohibited prosecutors from using a letter Koerber had written. Koerber argued that the letter was protected by attorney-client privilege, while prosecutors believed he had used it to mislead investors.
After a key witness for the prosecution was found to be not credible, Waddoups sided with the defense. Mumford added government investigators never found anyone who received the letter during a three-year investigation.
Mumford also said that the entire case has been built on unsupported facts and conclusions, and added that he anticipates the superseding indictment to be the same.
"We'll be interested in how the government changes its theory here," he said. "We expect that it will be faulty."
Koerber's next hearing is scheduled for Oct. 7.
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Copyright 2011 Daily Herald. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Posted in Crime-and-courts, Alpine, Jim-dalrymple on Wednesday, August 3, 2011 12:14 am Updated: 2:35 pm. | Tags: Alpine, Crime, Ponzi Scheme, Fraud, Tax Evasion, Rick Koerber, Federal Court, Melodie Rydalch
Tuesday
Our Public Statement on The C Rick Koerber Federal Court Decision, Robert Paisola Reports
To our friends in the media and around the world:
Please understand that the federal court ruling for Claud R Koerber is clearly noted. As many of you know, we have been working on this matter for over three years. You may also note that we have stated in open forums and dialogue that after we spent OVER SIX MONTHS reviewing the data and the documents on the case, and spent time with Koerber, we were also forced to immediately reverse our previous statements, as the fundamental data simply was not there. We thank you for your comments and you need to clearly understand that Western Capital is now based in Las Vegas Nevada. This is where we are spending our time. We can not, nor we issue statements on the Rick Koerber Case, other than to say, "Koerber is one of the most advanced legal minds in the country, and the evidence starts and stops at the Federal Trial Court Level. America, Simply look at his RESULTS."
To your success,
The Western Capital Team
Las Vegas Nevada USA
From The Salt Lake Tribune
Watch the interview with Rick Koerber and KUTV's Brian Mullahy
Watch the interview with Robert Paisola and Rick Koerber (Copyright 2011)
Koerber's Statement and Comments
"For the record - the link below - has been re-written by the Salt Lake Tribune after they were contacted by the government - who evidently didn't like the story very much. So, what you see now is the "clean" gov't propaganda version. The Salt Lake Tribune should be ashamed. As I've said before, they are essentially the PR arm of the government. I'll post the "whole" story on my blog at rickkoerber.com"
Thursday
Claud 'Rick' Koerber carries on despite Ponzi scheme charges, Robert Paisola Reports

HIGHLAND — It's clear, just from the words he uses, that the line has been drawn in the sand.
This is a battle. A fight. This is the government versus the businessman. And while Claud "Rick" Koerber, 36, thinks it's quite a compelling story, he said it would be more interesting if this conflict weren't also his life.
Though he has been accused by the government of running a Ponzi scheme that bilked investors of $100 million, Koerber is undeterred. He's not repentant because he says he's not guilty. He believes in the money he made and the company he built. He intends to fight the battle and emerge victorious.
"The rules of the justice system are that you can fight," he said. "It's the fundamental thing that makes a free society more attractive. Just because the government accuses you, it doesn't mean it's true. I'm proud of my business. I'm proud of what we did. I think that what we did was amazing."
Koerber made a name for himself as the "Free Capitalist," a radio personality who leans Libertarian politically, is objectivist in his philosophy and capitalist when it comes to economy. Wednesday, he relaunched his Free Capitalist Project, which involves the continuation of his radio show, features an updated Free Capitalist Web site and another site of Koerber's personal blog.
More than anything, he said he is someone who believes in responsible, accountable citizens who turn to themselves — not their government — for solutions. Even in the face of their failures. And that is what the Free Capitalist is about.
Koerber said people were once allowed to go out on a limb, say, make a business investment and fail. But they now look for a place to point the blame, and quite a few fingers are pointing his way.
Koerber was hit with a three-count indictment in May 2009 charging him with mail fraud, wire fraud and tax evasion. In November, a grand jury handed down a new indictment that includes a total of 22 counts and additional charges of fraud in the offer and sale of securities, sale of unregistered securities, money laundering, and additional counts of both wire fraud and tax evasion.
If convicted of every count, he faces a maximum of 285 years in prison — more than someone might receive even for killing someone, Koerber pointed out.
The business ventures, he said, were always a side project. Prosecutors believe he solicited investors and then encouraged them to "act and think like a bank." The groups of investors were supposed to recruit other investors, all under Koerber's assurance that their investments were "backed, collateralized or secured by real property," the indictment against him states.
Koerber was involved with several businesses in Utah, including Founders Capital, Franklin Squires Investments and Franklin Squires Companies. Prosecutors say Koerber operated a Ponzi scheme to make it appear as though these companies were turning a profit to secure more investors, yet "at no time during the operation of the scheme did the Founders Capital or Franklin Squires … turn a profit."
Koerber said the term "Ponzi scheme" was used by a government looking to depict the issue with a "big, broad brush." He insists it wasn't a Ponzi scheme at all. He says his business took the same hits most other businesses did in the current economic downturn, yet his business was also affected by what he believes were lies spread by the government.
A moviemaking venture that, according to the indictment, cost about $5 million wasn't a failed project, Koerber said, merely one that hasn't seen completion. He said they're still hoping the movie will be bought and marketed.
He believes the company would have gained back what it lost, if not for the disruption and controversy caused by the indictment.
"We never would have stopped," he said. "We would have survived but for the government's reaction. You can't survive both the economic collapse and the government saying you're a fraud, a schemer."
Koerber said he never would have taken a hiatus from his Free Capitalist project, either, but he spent 2009 dealing with "this new problem" and sorting through his priorities. He chose his own attorney and underwent a divorce in November. He is now remarried and has custody of the couple's three children, though he and his first wife remain good friends and she sees the children often.
Koerber is not prohibited by the terms of his pretrial release from starting or heading up any business ventures. Within those terms, the judge ordered that Koerber actively seek employment, appear at all court hearings relevant to his case and that he not violate any federal or state laws. Melodie Rydalch, spokeswoman for the U.S. Attorney's Office, said her office could not comment on Koerber as the case is still pending in federal court.
As soon as he had the time, Koerber returned to the project and is determined to carry it on. In the meantime, he is certain that, when it comes to the charges against him, the truth will win out.
"The story you tell over time is going to change. There's really no way to see an indictment as a positive. I got indicted. That sucks, but time is on the side of truth. Everyone has an interest in seeing what happens."
COMPLIMENTS OF THE DESERET NEWS
Wednesday
Koerber faces 19 new charges
Video Courtesy of KSL.com
Koerber faces 19 new charges
By Emiley Morgan
Deseret News
Published: Wednesday, Nov. 11, 2009 3:05 p.m. MST
An Alpine businessman, already facing federal charges in an alleged $100 million Ponzi scheme, is now facing a new indictment with 19 additional counts accusing him of entirely new crimes.
Claud "Rick" Koerber, 36, was hit with a three-count indictment in May of this year charging him with mail fraud, wire fraud and tax evasion. Prosecutors handed down a new indictment this week that includes a total of 22 counts and additional charges of fraud in the offer and sale of securities, sale of unregistered securities, money laundering, and additional counts of both wire fraud and tax evasion.
All of the charges stem from an investment scheme that was allegedly operated by Koerber from 2004 through 2008. Prosecutors believe he solicited investors and then encouraged them to "act and think like a bank." The groups of investors were supposed to recruit other investors, all under Koerber's assurance that their investments were "backed, collateralized or secured by real property," the indictment states.
Koerber was involved with several businesses in Utah, including Founders Capital, Franklin Squires Investments and Franklin Squires Companies. The indictment states that Koerber operated a Ponzi scheme to make it appear as though these companies were turning a profit to secure more investors when, in fact, "at no time during the operation of the scheme did the Founders Capital or Franklin Squires … turn a profit."
The indictment states that Koerber was still able to secure over $100 million in investment funds, $50 million of which was used to make "Ponzi payments." Koerber also allegedly spent $850,000 on restaurants, $800,000 on a restaurant venture, $1 million on "expensive automobiles" and $5 million on various money-making ventures.
According to the indictment, the money laundering charges stem from the purchase of a 2001 Ferrari 550 Barchetta, costing $218,896, and a 2004 Ferrari 360 for $213,460. It alleges that these vehicles allowed Koerber to perpetuate the scheme by allowing him to "create a false aura of success," which he also did by showing pictures of his mansion home, a large cabin in Heber that he called his "second home" but didn't actually own, and minting his own gold coins.
Two of the six counts of fraud in the offer of sales and securities arose from advertisements Koerber allegedly distributed in magazines telling investors they could "safely earn 1 percent to 5 percent per month on your cash."
Koerber has vehemently denied that he has been involved in any wrongdoing, even holding a press conference in late May to proclaim his innocence. His attorney, Marcus Mumford, was just added to the case in late October and knew at the time he was appointed that prosecutors had planned on filing an indictment with additional charges. However, he said he had to find out about it by way of a press release, though he said he had just talked to prosecutors.
When contacted by the Deseret News, Mumford said he didn't believe the multiple new counts were based on new information.
"Judging from the press release, the government seems to be stretching the same allegations over more and more charges," he said. "These are the same allegations that the government first asserted in the course of an investigation which an independent government auditor said was inappropriately conducted."
Mumford said a state auditor found that the conduct of the Utah Department of Securities in the investigation of Koerber was "inappropriate" and "inconsistent" because the department failed to "follow established policies and procedures." Mumford said the woman who headed up that investigation is now leading the government's case, so his office plans to discover what the specific issues were within the investigation.
Regardless, Mumford said his client is optimistic.
"Mr. Koerber remains upbeat and is taking these new developments in stride," Mumford said. "We are as eager to defend Mr. Koerber against these new charges as we were the old ones."
Koerber faces a maximum penalty of 20 years in prison if convicted of mail fraud. The fraud in the offer and sale of securities counts carry potential maximum sentences of five years per count, as does the sale of unregistered securities. The 10 wire fraud counts each carry a potential sentence of 20 years. The two money-laundering transaction counts carry a potential 10-year sentence, and the tax evasion counts, from 2005 and 2006, carry potential penalties of up to five years. Each count in the indictment also includes a potential fine of $250,000.
Thursday
Michelle and Rick Koerber Confirm Divorce, Robert Paisola Reports

An open note:
Why this has any bearing on what Koerber is going through is beyond our understanding. He is a public figure, and he openly states that this is an uncontested divorce. Why do we have to drag someone down even farther than they are... Just a thought..
This is a STORY from The Salt Lake Tribune. This is NOT a Western Capital Multimedia Story and we take no part in this stories creation. This is completely irrelevant to the facts of the Rick Koerber and Franklin Squires Matter.
Provo » Rick Koerber, the Utah County businessman accused of running a huge real estate fraud, and wife Michelle are divorcing.
The Koerbers filed a joint petition and accompanying documents late last month, waived a 90-day waiting period and are waiting a judge's signature to finalize the divorce, according to 4th District Court records in Provo.
Koerber declined to comment Tuesday except to confirm that "Michelle and I are finishing up an uncontested divorce."
Koerber is facing fraud and tax-evasion charges in federal court in Salt Lake City. He's accused of enticing investors into his real estate investment operations grouped around FranklinSquires Cos. The May indictment alleges that about half of at least $100 million of investor money was used to make payments to other investors in what prosecutors say was a Ponzi scheme.
Koerber vigorously denies the allegations and intends to contest them in court.
Michelle Koerber also declined comment Tuesday on the divorce when reached by telephone. But later, after speaking to Koerber, she called back to say she will continue to support her husband and believes in his innocence.
"I support him 100 percent in this fight he's making," she said. "I claim that he's innocent. I think that he's innocent. I'd stand up for him in a heartbeat."
Rick Koerber, too, said he expects Michelle will continue to support him.
The couple were married in 1999 in Colorado and have three children, ages 4 and under.In their petition to the court, the couple agreed to share custody of the children but with Rick Koerber having physical custody and Michelle to have substantial time with them.
No alimony was sought.
Rick Koerber claimed an income of $3,250 a month from KF Reserve LLC and Western States Restaurants LLC. Both are companies in which he apparently has an ownership interest.
According to Department of Commerce records, KF Reserve is the successor company of Franklin Squires Investments, a company registered in 2003 by the Koerbers.
In registration documents filed with the state in July, Michelle Koerber and Jewel Kimber Skousen, an employee of Rick Koerber's Free Capitalist Project, are listed as managers of Western States Restaurants. Michelle Koerber, however, was removed as a manager in an Oct. 12 filing, 10 days before the couple filed for divorce.
Friday
A.G. denies political pressure swayed Koerber case
| A.G. denies political pressure swayed Koerber case | ||
| Alleged scheme » Office says there wasn't enough evidence; feds then took the case. | ||
By Robert Gehrke The Salt Lake Tribune Salt Lake Tribune | ||
| Updated:05/29/2009 09:26:52 PM MDT | ||
The Utah Attorney General's Office declined to take action in late 2007 against Rick Koerber, the "Free Capitalist" charged this week with running a massive Ponzi scheme, but officials from the office say the decision had nothing to do with pressure from Koerber or a state lawmaker. The Utah Division of Securities, which had been investigating Koerber's complex web of businesses, prepared a civil complaint against the Alpine businessman at the end of 2007 and took it to Kirk Torgensen, the chief deputy at the attorney general's office, for screening. "They declined to file the case," said Francine Giani, director of the Utah Department of Commerce. Torgensen said the information given the attorney general didn't have the supporting evidence that would have been needed to file the complaint. "All we had presented to us at that point was a bare-bones complaint," he said. "What we specifically requested was all the evidence and information to support each of the allegations in the complaint. ... Had that follow-up information been provided, we would have proceeded on the case in a normal course of business." Koerber said he was relieved when he heard the attorney general's office had decided not to file the case. "I figured, finally, somebody with some common sense," he said. Instead, Giani said she made the decision to take the information the division had gathered and turn it over to the U.S. Attorney's office, which announced a criminal indictment against Koerber this week. The decision not to pursue the civil complaint came on the heels of a series of meetings that Rep. Carl Wimmer, R-Herriman, arranged with several powerful officials, including then-House Speaker Greg Curtis, Attorney General Mark Shurtleff, Torgensen and several other state lawmakers. It also came shortly after the legislative auditor -- at the request of Wimmer and Rep. Jim Bird, R-Sandy -- had launched an audit of the securities division. Mark Pugsley, a Salt Lake City attorney who frequently battles the division and until recently served on the division's advisory board, said individuals in the division have told him that there was considerable political weight thrown behind Koerber. "There were political pressures as I understand it that were brought to bear with regard to that case and Mr. Koerber is connected and involved politically and I think he used those contacts he had to put pressure on the state to drop the case," Pugsley said. In an interview Friday, Koerber said he never asked Shurtleff or Curtis for favors, but he wanted the government to be fair and Shurtleff assured Koerber his office would be. "I said 'They're on a witch hunt and I have some evidence to back that up,'" Koerber said. "[Shurtleff] said 'We're not in the business of rubber-stamping any witch hunt.' He said, 'Relax, the Department of Commerce doesn't control the Attorney General's Office.'" Torgensen said those meetings in no way influenced the attorney general's decision. "No. No. Absolutely 100 percent no," he said. "Nothing Mr. Koerber said, nothing he protested, influenced the outcome of this case. Nothing. And that's the absolute truth, not from Mark Shurtleff's perspective, not from my perspective." Torgensen said Shurtleff told him to "take the case wherever it leads," and Wimmer has said he simply arranged meetings like he would for any Utahn, and didn't advocate on Koerber's behalf. "The idea that I tried to interfere with this investigation is just ludicrous," Wimmer said. This week -- nearly 18 months after the attorney general's office first declined the matter -- U.S. Attorney Brett Tolman announced a three-count indictment against Koerber, alleging he convinced investors to invest $100 million with his businesses. Half the money was used to pay supposed dividends to early investors, while the rest was used to finance a lavish lifestyle, including $1 million spent on cars, and $5 million he invested in the movie "Evil Angel," according to prosecutors. Melodie Rydalch, spokeswoman for the U.S. attorney, said the information provided by the securities division was used as reference, but the FBI and IRS did their own investigation. On Friday, Koerber, flanked by a handful of business associates and supporters, held a press conference at the Grand America Hotel, firing back at the state regulators. He played snippets from recorded conversations with regulators, where they expressed reservations about the case and told Koerber that he "had not broken any rule or law." Koerber called charges in the federal indictment "absurd and bogus," adding, "I am confident that I will be exonerated and that the allegations contained in the indictment will be shown to be patently false." Koerber also said he plans to file a federal civil rights lawsuit against several current and former state officials. |
Utah lawmaker wanted heads to roll for 'my friend'
Rep. Carl Wimmer said Wednesday that he had asked Gov. Jon Huntsman Jr. to fire the head of the Utah Department of Commerce during its investigation of Rick Koerber, who last month was indicted on federal charges of running a multimillion-dollar Ponzi scheme. A series of e-mails from Wimmer, obtained through an open records request, also shows that the Herriman Republican had gone to the governor with concerns about the "witch hunting" of Koerber and offered his help to the indicted businessman, whom he referred to as "my friend." Wimmer had previously acknowledged arranging meetings for Koerber with Attorney General Mark Shurtleff and various legislators, including then-House Speaker Greg Curtis, and appearing on Koerber's radio program. He also spoke at a Koerber event in Provo last April, but insists that he gave no special treatment to Koerber, who he considers an acquaintance and political supporter, not a friend. In January 2008, Wimmer e-mailed Tani Downing, the governor's general counsel, seeking a meeting with Huntsman, Shurtleff and Koerber to discuss a $30 million lawsuit Wimmer said Koerber planned to file against the Commerce Department for damages "due to the last three years of witch hunting." "The governor needs to know the depth of what is happening here ... it's enormous," Wimmer wrote. Wimmer said Wednesday that he didn't meet with the governor, but met with Downing and gave her a packet of information that Koerber had collected, including letters and transcripts of phone conversations with Commerce Department officials. A few months earlier, Wimmer had joined Rep. Jim Bird, R-West Jordan, in requesting an audit of the Commerce Department's Securities Division based on allegations that officials there had abused their investigative powers and persecuted Utah businessmen, including Koerber. "I wanted to make sure that was not the case here. If that was the case, I thought it could cause tremendous embarrassment to the governor, and I wanted to make sure he had that information," Wimmer said. The audit released in July 2008 found that the Securities Division had used coercive tactics and overstepped its authority. It mentioned Koerber's case only to say auditors did not examine that ongoing investigation. The Herriman Republican also said Wednesday that, before the meeting with Downing, he had urged the governor to fire Commerce Director Francine Giani, because he believed her agency was "out of control." He said that was based primarily on the allegations that led to his audit request and a disparaging e-mail that Wayne Klein, the former head of the Securities Division, sent to Shurtleff in 2007. In the e-mail, Wimmer said, Klein warned Shurtleff not to believe Wimmer's advocacy for Koerber because Wimmer was an investor in his businesses. "There was zero truth to this e-mail. Zero truth," Wimmer said. "It was made up to disparage me and make me look bad, and this was allowed by [Giani's] office and that should not be allowed." Wimmer says he didn't invest money with Koerber, but he had taken an investment course that Koerber offered, which Wimmer never completed. "The governor has trusted Francine and supported her in her efforts to do her job and accomplish the mission of the department," said Huntsman's spokeswoman, Lisa Roskelley. She said the governor was briefed occasionally on the status of the Koerber probe. In another e-mail Wimmer sent in January 2008, the legislator asked Koerber about an event Koerber was planning, at which Wimmer hoped to speak and solicit donations and volunteers for his re-election campaign. "Being that I would benefit greatly from this, I'd be happy to help coordinate or plan it," Wimmer wrote. "I have about three weeks left to fundraise, then I'm in [legislative] session." Donations to lawmakers are banned during the 45-day session. Wimmer joined Bird that year in sponsoring legislation that would have stripped the Division of Securities of much of its enforcement power. The bill failed but a watered-down version passed this winter. Both the request to meet with the governor and the correspondence with Koerber came just a few weeks after the Commerce Department had asked Shurtleff's office to file a civil complaint against Koerber. The attorney general's office balked at filing the case, seeking more evidence, which Chief Deputy Attorney General Kirk Torgensen previously said -- and the office reiterated Wednesday -- never came. Instead, Giani took the case to the U.S. attorney, who charged Koerber on May 26. In mid-April 2008, Koerber contacted Wimmer, thanking the representative for what he had done "to assist me and my associates," and informing Wimmer that he had been receiving death threats "as a result of the lies coming from the Department of Commerce." Wimmer provided Koerber with Shurtleff's e-mail address and offered his sympathies. "I am so sorry that you are going through what you are, Rick," Wimmer wrote. "I want to help get you through this garbage." "Let me know what else I can do for you," Wimmer wrote, and updated Koerber on the status of his concealed weapons permit that had been stalled at the Bureau of Criminal Investigation. "Your permit should be there any day!" |
By Robert Gehrke The Salt Lake Tribune |
Tuesday
The Rick Koerber Indictment, Here we go, by Robert Paisola

May 26,2009
For Immediate Distribution Western Capital Multimedia by Robert Paisola
To all of our readers around the world. We want to take a moment and acknowledge the thousands of calls and emails that you have made to our offices regarding the indictment of Mr. Rick Koerber of Franklin Squires that occurred this afternoon.
I want you to know that a fellow media associate advised me three days ago that this was going to happen. We did not know when the indictment would be issued, or when the Grand Jury would meet in Utah, we just knew it was eminent.
Today at 2:30 PM MST, there was an official press conference at the Office of The US Attorney for the District of Utah. We were there. Standing along side the dapper US Attorney , were members of various governmental agencies that had been investigating The Rick Koerber and Franklin Squires matter for as long as we have.
During the past year, we have come to know Rick Koerber.
We have had the opportunity to spend hours with him and to meet his family. We have had the opportunity to place a face with a name that seemed so far away, staring from a billboard.
We have also come to know Rick Koerber as a businessman who gained much success at an early age, but trusted too much. We have seen and heard the stories of his ups and downs. We have personally seen people assemble at his feet as he spoke.
We have seen and have gotten to know the many political, governmental, business and people like you and I, who he calls his friends that Mr. Koerber keeps close to him.
We have seen the fierce loyalty of members of his staff, who protect him vigilantly.
We have seen the person. We have seen the pain, We have seen the agony. We have seen the betrayal of many people who clearly documented their support for this man, only to turn their backs in times of strife.
We have seen and interviewed many of the Victims of the Alleged Scheme. We have witnessed the abuse that they received as the words of the teacher were bastardized for personal gain by his students and past partners. We have seen the pain that they now face, as they are loosing their homes and their financial stability, as a result of many (to be named) unscrupulous people. We have seen the political arena shift.
We as an organization have shifted. I Robert Paisola as your moderator, editor, confidant and CEO have shifted.
One thing that we can and will say is that Mr. Rick Koerber is a 34 year old man who is a father, a motivator, and an inspiration to many. His radio show is played throughout the world, and he receives comments daily from those whose lives he has touched from around the world.
We also know that we have extreme power in this matter as a liaison to you, the American Public, a mission that we take very seriously.
Why the change?
Imagine if you will, driving down a large highway, perhaps it is i-15 in Utah, and looking to the right and then to the left, and seeing the face of a man who appears to be confident, secure and privileged.
Remember back to when you saw those billboards... What did you think?
Honestly, I saw a man who had the courage to take a stand and to attempt to change the lives of many for the better. I was jealous that I did not have the ability to take such a stand to better peoples lives. But at that moment, I committed to do just that, to create change in the world, no matter what the cost.
And I wondered, Could your life really be changed by having a 740 FICO Score?
After two years of investigation into this man, and after spending thousands of dollars in a cat and mouse game that Rick and I only laugh at, many times I have often criticized Rick Koerber in the public arena, because I was simply repeating what I was being told by many of the victims of this massacre , which I have often openly criticized.
But not one time did I make the decision to "Go to the source" and to simply call Rick Koerber and offer to sit down and talk. My ego was much too big for that to happen.
Then one day last year, I made the decision to simply pick up the phone and call this icon named Claude Rick Koerber. Guess what! He answered the phone.
Awkward as it was at first, like the BYU v Utah Rivalry, we began to see that there were many similarities between us. He was a mental giant; a true intellectual genius and could quote from many archaic government speeches that I had only glanced at in college, AND he became REAL.... VERY REAL.
He was now not just a person that we had been receiving email about for 2 years (both good and bad) , but he was now a REAL PERSON.
A Week after this two hour initial phone call, we met in person, and from that time forward, we have been keeping in touch.
I can tell you that he is a very open person just like I am , and I attribute the experiences of my past to the person that I am today.
It was a magical moment to meet the leather jacketed, non shaven, "Regular Guy" who looked or acted nothing like the guy in the videos or on the billboards. Simply "one of the guys"
After a 7 hour meeting with Rick Koerber at a local restaurant, I learned very quickly that I could trust this man. I have a keen sense of awareness and have been trained in many areas of psychological awareness, including body language awareness.
But, as I watched diligently as he drew out the maps and graphs of the structure of his organizations. I watched a man who trusted..... perhaps too much, the people around him, and I saw a person who was becoming familiar and open. This was not the man that we had been reporting about.
This is when I met THE REAL Rick Koerber.
At the end of the end of the evening, he played me some tapes that he had archived, telling me that he had absolutely no intention to share these tapes with me, and I still keep the words guarded to this day, as these are words from a Senior Government Official who will plow the way for Rick Koerber to be exonerated.
I often wonder what the American Public and A Utah Jury of his peers will say as they hear the words that I heard from that absolute prophetic governmental official.
I was convinced.
At that moment, I knew that this was a man who was someone who simply trusted way too many people.
This was a man who had no idea of the power that he possessed.
This is a man who people look up to even in times like this.
My friends, now is the time to do what you think is right. Now is the time for you to take a stand and show America that you are accountable for the actions in your life, just as Rick Koerber has done without fail.
Now is not the time to back down, because what I saw today in the United States Attorney's office with my own eyes is something that words can not describe.
I saw big brother stand before America and say "I Dare You" I also saw Jason Chaffetz and President Obama say Hold on guys, lets take a closer look at this. I saw Senator Hatch and Governor Jon Huntsman say... enough is enough. It was not said, but I could see it in my mind. This is NOT the America that the founders had envisioned, and I could see Rick Koerber sitting on the Witness Stand, demanding to be heard, as the jury of his peers wept.
What I do know about Rick Koerber is that he is a person tat I can call 24 hours a day and get advice from. I am here for him, and he is here for me. We have been in the room with many dignitaries from around the world who I can only imagine what they will do as they read this. But I can tell you that they will not falter.
Rick Koerber is a person who I compliment in public settings.
Can you believe that we stood on the same stage together, in UNITY, as he made a pledge to hold those people accountable for their actions as they wantonly violated the rights and used his teachings that he provided take advantage of innocent people. I saw the passion in his eyes. I saw the dignitaries align with him, and I saw his future jury nod in complete agreement. That was a sight that I will never forget.
What I will tell you is this. Rick Koerber is someone that has a plethora of data that we have been given carte blanche access to. He is someone who keeps meticulous records. He is someone who records calls (Hundreds of Hours) and he is someone that is surrounded by a magic bubble of supporters who will not fray.
I have seen these people and these people are the exact people that will be on the jury that hears this story, who watches the videos, who hears the tapes, who will relate to this 34 year old man and see clearly what he has been through in the past few years. These are the same people who will take a stand for justice in America,
Many people have said, yes Rob, but the government wins 97 percent of the cases which they file. That may be true, however I can guarantee you that you are about to witness a defense team that BECAUSE OF YOU, is going to go the distance. There is no middle ground in this fight. There is no backing down.
"Rob, I would rather sit in jail the rest of my life knowing that I have done the right thing that to stand in fear and become another statistic" Just think if every single accused person took this position. There would certainly be many less people in Federal Prison right now.
This is not a trial about Rick Koerber, Founders Capital and a bunch of Real Estate Deals, this is about YOU and our government. This is about you and YOUR future. This is about audio tapes that will make you sit back and say.... there is no way.
And that is straight from someone who has spent almost 1000 hours reviewing the data and the deals.
Mr. Koerber, fear not, as you are surrounded by thousands of people who believe in you, and they not only believe in you in words, they believe in you from their hearts and their pocketbooks.
The surprise and disbelief that was expressed by the prosecution as your prized attorneys confirmed their representation of you in this case said more than words can tell.
There is so much more to say, however at this time, I am unable to be more detailed. But watch carefully at how this plays out. Look at the expert witnesses. Look at the pedigrees of the Attorneys and Investigators that will be working on this case, and look at many of the ALLEGED VICTIMS, as they freely open their wallets to cast their vote for Freedom in America.
If you are in a similar situation, contact our offices now at vip@mycollector.com. Take time to read this and post your comments. Take time to offer your services, your time and your money. Any and all money received will go directly to the large amount of money that it takes to fight a battle like this.
Oh, who am I? Take a look at a couple of websites:
www.WesternCapital-TheTruth.com
and
www.RobertPaisola.com
and if you really want to see how we work, simply watch the hundreds of videos that exist where we are going to battle with the Big Guys for YOU.
And if you are the kind of person who loves to read gossip and dirt, and you have some insane desire to read all of the fun stuff from the past, check out our foundation at www.PrisonPartners.com . On this site, nothing is held back, and trust me, we know where we are, we know where we have come from, we know where we stand, we follow the law, and accept accountability when wrong, and we certainly know what we are doing and how to navigate the political system in America.
All media inquiries should be directed to media@westerncapitalnews.com or www.WesternCapitalNews.com
To your success Mr. Koerber,
Robert Paisola
CEO and FOUNDER
The Robert Paisola Innocence Project
www.RobertPaisolaInnocenceProject.com
www.RobertPaisola.com
Monday
Sunday
Rick Koerber Indicted? Schmucks, Grand Juries, & the Trials Ahead. by Rick Koerber

As our modern culture hurls itself imperviously over the rocky cliffs of socialism in the name of rescue and bailout, normal people seem to be losing their ability to think critically and distinguish decency, fairness, civility, and honesty from rumor, rhetoric, political posturing and gossip. Its a cultural battle being waged every day in the business world, and I don’t mean just big business, I mean small business America too. The competition is decency vs. defamation. Do-gooders, versus society’s most valuable doers. In my world, the constant reminder of this battle is the fact that hardly a week goes by without someone asking me if I’m going to be indicted.
A chilling result of the crisis will be furthering the deadly process of criminalizing business failures. In the old days when an enterprise failed, the proprietors often ended up in debtors’ prison…But in recent years, particularly after the Enron/WorldCom corporate scandals, federal and local prosecutors began actively pursuing evidence of fraud whenever a big business went bust. Yes, there has been corporate wrongdoing, and miscreants have been tried and jailed. But many noncriminal individuals have been pursued.
One notorious case was the IRS’ attempt to prosecute KPMG and a number of its partners and employees for alleged tax fraud. The shelters KPMG sold in the 1990s were not illegal. The IRS still determined, however, that they weren’t valid. That kind of tax dispute would normally be settled in civil court. Instead, prosecutors threatened KPMG with annihilation: Settle on our terms or we will hit you with an enterprise-killing indictment. Arthur Andersen had recently been destroyed by such an indictment, even though the courts subsequently threw the charges out. The feds even pressured KPMG not to pay the legal bills of the targeted individuals–which would have forced these people to settle, as they couldn’t afford the massive legal costs of defending themselves. Thankfully, a courageous federal judge stopped this abuse.
But the itch to indict remains. No sooner had Bear Stearns, Lehman Brothers and AIG gone bust than criminal investigators swarmed in. They will find evidence of “fraud”–why didn’t you more aggressively mark down the value of suspect paper even if there wasn’t a market for it? Why the expressions of confidence in the soundness of your businesses when the rumors of trouble were surfacing? Lost in all this will be the fact that Lehman and AIG didn’t know they were in mortal peril until almost the very end. There will be indictments. The chilling lesson: Unsuccessful risk taking or failing in business can send you to prison. (Steve Forbes, “How Capitalism Will Save Us” Forbes Magazine, Nov. 10, 2008) Emphasis added.
It’s a dumb question really. It’s not like the government, even with the most corrupt bureaucracies, normally calls up the subject of its investigation on the telephone to say, “Hey, just for your information, we’re planning to indict you.” But, the brain-off among us don’t have to be bothered with thinking—they’re too busy indulging in feeling.
In January of this year a local news reporter came to my house and asked me point blank, “But, is it fair to say you expect to be charged?”
Rick Koerber. Some people want to see me behind bars.
Rick Koerber. Some people want to see me behind bars. This is the closest I've come so far. Which I'm hoping annoys the socialists, and my old friend Abel Keogh, daily!
The reporter, Brian Mullahy, and I had been having a conversation about the fact that there have been rumors about me being in trouble with the law, despite no charges, nor formal complaints and no formal allegations of wrong-doing, over the course of the last five years. In that context, I had complained that the very existence of these persistent rumors—even the ones with no credibility whatsoever—had actually given bureaucrats the ammunition they needed to continue their years long investigation of me and my companies without any reasonable basis.
In answer to an earlier question I explained that I, in fact, had not been indicted or charged either on the state or the federal level and that I did not know what was being planned by prosecutors.This was the context for his question “But, is it fair to say you expect to be indicted?” I thought about his question and reluctantly answered, “Sure, sure.”
I went on to say in our interview that given the modern business climate in America any businessman in a situation like mine—regardless of his innocence—would be foolish not to prepare as if an indictment were coming. Of course, all this context was dropped when the evening newscast aired with the headline, “Utah Businessman Facing Federal Charges.” This, of course, is a lie. I was not then, nor have I ever in my life, been facing federal charges.
It used to be a criminal offense to slander someone like this, but now we live in a world where it’s considered by many to be journalism—while at the same time businessmen are routinely accused of criminal behavior by vague allegation, outright defamation, and little attention given to facts or statutes and usually without the businessman having done anything that can be demonstrated to be clearly against the law. This situation, which is the fruit of socialistic ideas in government, has been a growing reality in America for the last full generation and is now a defining legacy.
As a result, it is practically impossible for a lawyer to determine what business conduct will be pronounced lawful or unlawful by the courts. This state of affairs is equally embarrassing to businessmen endeavoring to obey the law and to Government officials attempting to enforce it.” (Robert H. Jackson. Assistant Attorney General of the United States. Later Supreme Court Justice of the United States. Anti-Trust Legislation Seen Necessary, New Jersey Law Journal, February 3, 1938, 6 N.J.L.J. 37 (1938) c. 1938 ALM Properties, Inc.)
So, our modern itch to indict, as referenced by Steve Forbes, continues to have affect in my life, and the same questions come week after week. The rumors this past week were stirred up by none other than prominent Salt Lake attorney Rodney G. Snow. He should know better, but we’ll talk more about that in a minute.
Indictment, indictment, in·dite·ment! Sometimes the questions come from those secretly hoping the rumors are true and that soon I’ll end up behind bars (for just what exactly, they can never quite articulate). Sometimes the questions come from brain-off, but kind hearted friends who just want to express their sympathy (again, for what, they can’t quite articulate.) It all makes me want to throw up, to tell you the truth.
I’ve reached a point in my life where I just can’t stand the slobbery thickness of brain-off emotionalism. I care nothing for the predicaments of those whose own emotional insecurity has brought them to the point of thinking that I’m somehow a villain in their life story when at the same time they don’t have the courtesy, civility, or kind feelings sufficient to talk to me and either get the facts to clear up their misconceptions or, on the rare occasion that there is actually something amiss between us, give me the chance to take responsibility for whatever wrongs or mistakes may, in fact, be mine.
Even worse, I’ve grown sick of the ever growing popularity of the notion that in the present era of bail-outs, bank failures, unemployment and rampant foreclosures, a consumer being stupid (or at least imprudent) and loosing a lot of money somehow qualifies him or her to randomly assign blame and self-righteously demand guilt from whatever businessman seems to fits the bill at the moment—facts be damned. These people are schmucks, and those who are moved by their groveling selfishness enable the sad state of affairs, so often talked about these days. They are complicit in our societies unyielding march towards disaster.
Do I have empathy for those whose financial situation is bleak? Of course. I’ve dedicated my life reaching out to and teaching these very people. However, that is part of the problem. Whenever you dive into deep water, in an effort to save a drowning person, you become at risk yourself. I can’t otherwise explain how so many people whom I’ve never done business with can be so maliciously engaged in the spreading the negative rumors and gossip—almost wholly started years ago by unprincipled, privately motivated, reckless and vindictive government employees.
I once read a post on the Internet that stated, “I would love to talk to someone about the $140,000 that Rick Koerber has of mine that [he] ‘can’t pay’ me back. Thanks. Ryan in St. George.” Evidently I don’t qualify as the kind of “someone” this person wants to talk with, because I have never been contacted by him. Not only do I not recognize his name or situation, the sad reality is that I don’t know anyone in St. George, Utah named Ryan who has ever given me anywhere close to that kind of money. I certainly do not have, nor do any of my companies have, to the best of my knowledge, any unpaid debts in any amount to someone named Ryan in St. George.
Such a small thing like this illustrates a major problem in our world today, particularly with federal grand juries. I have known, for example, that as early as March 2008 there have been witnesses being called by the US Attorney in Salt Lake City, to testify before a federal grand jury regarding my supposed business dealings. But in a federal grand jury proceeding I don’t have the right to confront any witnesses. The rules of evidence are not the same, and there is no cross examination or rebuttal. So, this guy named Ryan could be called before the grand jury, asked to testify about his $140,000, and this could be used as undisputed grounds to issue an indictment. The problem is compounded by grand jury secrecy.
The fifth amendment to the US Constitution is the legal cornerstone for federal grand juries, and the original purpose of a grand jury, including the secrecy of its proceedings, was originally to protect citizens from government abuses. During the era of the Founders (most would be surprised to learn) there were no government attorneys. But, today the US Attorney oversees cases before the grand jury and he (or a member of his staff) is essentially given de facto control over access to the grand jury by the public, and the secret proceedings they carry out. Once a fair minded person begins to think through the implications of this modern court setting, serious issues regarding justice and fairness begin to emerge.
What is true about the danger of “enterprise-killing” charges today, was also true in the days following America’s revolution. The Founders sought to protect citizens from overzealous government by ensuring federal felony charges could not be brought whimsically or too easily, thus the requirement of a grand jury. Secrecy, during grand jury proceedings was a long standing English tradition dating back to the Magna Charta. A critical defense of free society rests upon the notion that the very allegation of wrongdoing, made by the government, can be punitive in-and-of itself, and the process must therefore be strictly guarded.
So, the grand jury is generally supposed to be private/secret. The idea is that before charging a free citizen with a crime, a person who is presumed innocent until proven guilty, give a jury of his or her peers the opportunity to consider the case first, without exposing his reputation to ruin by the process. Of course, there are other reasons for secrecy but the rights of individual citizens are at the foundation of the issue.
The problem today is that, with permanent government prosecutors essentially in charge of the grand jury proceedings, what was once a protection for citizens now, too often, is only an advantage to the prosecutor. Today, there is very little check against malicious prosecution or prosecutorial misconduct when all the proceedings are conducted in secret. Take for example the political motivation to tip the party balance in the United States Senate which utilized prosecutorial corruption in the recent case of former Alaska Senator Ted Steven’s whose case was just thrown out—after he suffered great harm to his reputation and after he lost his Senate seat, all because of the situation I’m describing. It is therefore, not surprising, that according to experts in the field, in 95% of the cases, prosecutors simply get an indictment, whenever one is wanted.
This means that a businessman has no way of knowing in advance whether the action he takes is legal or illegal, whether he is guilty or innocent. It means that a businessman has to live under the threat of a sudden, unpredictable disaster, taking the risk of losing everything he owns or being sentenced to jail, with his career, his reputation, his property, his fortune, the achievement of his whole lifetime left at the mercy of any ambitious young bureaucrat who, for any reason, public or private, may choose to start proceedings against him…It is a form of persecution practiced only in dictatorships and forbidden in every civilized code of law. It is specifically forbidden by the United States Constitution. It is not supposed to exist in the United States and it is not applied to anyone-except to businessmen. (Ayn Rand. Capitalism: The Unknown Ideal, pg. 50 - from a speech given at the Ford Hall Forum, Boston, on Dec. 17, 1961)
In my case, after a failed attempt by rogue state regulators that felt just as Ms. Rand describes, I’ve now learned more about what the federal government is up to, and what is happening before the grand jury, through rumor and gossip—than is supposed to be publicly available at all.
What good does it do to say to me, “We’re protecting your reputation Rick, by ensuring everything is done in secrecy,” when attorneys, government employees, and even members of the prosecutor’s staff are reportedly giving information about secret grand jury proceedings to their colleagues like Mr. Snow, who seem driven to spread the word around.
Lest you think its just any old attorney involved in such behavior, Mr. Snow’s resume shows just how connected he is, having worked as an Assistant US Attorney for this very same office earlier in his career. Mr. Snow, by his privileged position, evidently not only receives special illegal exemption from the legal requirements of secrecy, but he gets to use them to further his law practice at my expense.
There is a strange, almost unnoticed drum beating in our popular culture, where economic hard times (which are the persistent handmaiden of socialism and its relatives) bring average Americans to believe that society’s producers are now somehow the villains. Even worse, our bureaucrats, government employees, and government officials are supposed to become our heroes. In the Founder’s generation we elected heroes to office, to keep abusive government in check. Today we try to make heroes out of those who like to cast aspersions without consequence, spend money without accountability and who send out bureaucrats and government agents with guns, threats, and the delegated force of the people—to satisfy our itch to indict and to punish society’s white collar villains—who, in rapidly growing percentages, are increasingly men and women whose crimes can’t be described or articulated and whose actual performances and intentions are almost entirely irrelevant. Lost is the idea that businessmen, entrepreneurs, and even corporate executives (regardless of their supposed crime) are still citizens, in a free country, presumed innocent until proven guilty—also born like the rest of us, with unalienable individual rights.
Only businessmen - the producers, the providers, the supporters, the Atlases who carry our whole economy on their shoulders-are regarded as guilty by nature and are required to prove their innocence without any definable criteria of innocence or proof, and are left at the mercy of the whim, the favor, or the malice of any publicity-seeking politician, any scheming statist, any envious mediocrity who might chance to work his way into a bureaucratic job and who feels a yen to do some [governing]. (Ayn Rand. Capitalism: The Unknown Ideal, pg. 44 - from a speech given at the Ford Hall Forum, Boston, on Dec. 17, 1961)
While we’re not yet France, we are not far behind. Did anyone notice the report yesterday from Reuters about the poll in Paris, where almost half of all citizens now think its okay for laid off employees to actually “lock up” or “take hostage” corporate executives—without any due process of law—as part of labor bargaining?
Or, did you notice that just this week, the day after North Korea successfully test launched a long range ballistic missile that means they can not only threaten our Asian allies but Hawaii and Alaska as well, our government announced its intention to actually reduce our missile defense budget, including the money allotted for existing self-defense based weapons systems stationed in Alaska. This brings to mind former US President Ronald Reagan’s warnings in the 1960’s against appeasement and unilateral surrender to the Soviets. But, I don’t want to get too distracted. How about his statement regarding creeping socialism and the risk to the American businessman?
It is time we realized that socialism can come without overt seizure of property or nationalization of private business. [My note: Today, the federal executive speaks openly about seizure and nationalization of banks and financial institutions]
It matters little that you hold the title to your property or business if government can dictate policy and procedure and holds life and death power over your business. [My note: The President of the United States just fired the chief executive of GM]
The machinery of this power already exists. Lowell Mason, former anti-trust law enforcer for the Federal Trade Commission, has written “American business is being harassed, bled and even blackjacked under a preposterous crazy quilt system of laws.” There are so many that the government literally can find some charge to bring against any concern it chooses to prosecute. (Ronald Reagan. A Time for Choosing, Speech given October 27, 1964)
This is a reality far too few American’s have sobered up to realize. Which, brings me back to where I started. Have I been indicted? No. Will I be indicted? I don’t know. Am I preparing for it? As best I can. Regardless of what happens, I’m sure its only more likely that I’ll eventually be indicted as I continue to criticize the government, government employees, the lazy government PR media, and now complicit lawyers.
The point, however, is that it’s not really me who will be put on trial in such a case. It’s America, and its citizenry who are already on trial, today.
As for me, I’d actually be kind of a glad—in an odd sort of way—if I am ever indicted, because at least then I’ll be extended the courtesy and privilege of defending myself against actual charges, rather than vague insinuations and secret rumors. Don’t get me wrong, I am not anxious to plunge headlong into a legal battle where most of the deck is already stacked against me, but I will not run from it either. Though I’m certain it would be an extremely difficult road if that day does come—following the example of others who have tried to negotiate with unprincipled, power corrupt bureaucrats and over zealous prosecutors whose pre-condition for negotiation is an admission of guilt, is not something I will choose to accept.
I’m optimistic that this kind of conflict can still be avoided in my case, and I take steps regularly to try and ensure that is the case. But, if it cannot be avoided, while its impossible for me to see the details in advance, or the outcome of such a fight—I refuse to fear it. Why? Well among other things, in most cases, there are still twelve free citizens at the final end of any verdict.
The world of [regulation] is reminiscent of Alice’s Wonderland: everything seemingly is, yet apparently isn’t, simultaneously…It is a world in which the law is so vague that businessmen have no way of knowing whether specific actions will be declared illegal until they hear the judge’s verdict - after the fact. (Alan Greenspan. Later Chairman of the Federal Reserve. Paper given at the Antitrust Seminar of the National Association of Business Economists, Cleveland, September 25, 1961.)
While those with an eye to see, do indeed know the final end to this story (to paraphrase Dr. Skousen), none of us knows the details regarding our own personal challenges on the path to our ultimate rendezvous with destiny (to paraphrase another great hero of mine). The only option is to choose; to make a choice when the options are clear, and the chaos and tension that accompanies conflict has not yet become overbearingly personal.
I made my choice early on, when I first encountred these people. I made my choice before the huge successes and before the tragic business failures that have defined the last several years. I’m not proud or happy about the business or financial failures that have so closely affected my life, and the lives of so many of my friends and loved ones. Nor can I rest from my own labor to compensate for the ones for where I bare primary responsibility. But failure, financially—short or long term, has never been the enemy of free citizens in America, or throughout history. Failure, morally—to stand up for right, for freedom, and for truth—this is a failure that I consider the most serious enemy of all. As economic freedom is threatened broadly, across all parts of the world’s citizenry, each of us are increasingly exposed the fact that we have an inescapable choice to make, individually.
How about you? How will you react when you have your day in court (literally or figuratively)? Do you think that somehow you can escape the consequences of the rocky cliffs ahead? Will you just coast along the tidal wave of life that carries you about from day-to-day while you complain as you go that your life isn’t what you want? Or, will you stand up? Will you say to freedom’s common enemy, “There is a certain point beyond which you cannot pass!”
I’m sure the slobbery thickness of brain-off emotionalism will continue to bring more people to my door in the future asking about some supposed, pretended, or actual indictment–or maybe even worse. But, in the mean time, me and those who stand with me (including the consistently growing numbers of those who will be standing with me tomorrow and the next day, and the days after that), we will keep producing, educating, and organizing. And, when we can squeeze it in (and I’m pretty sure it’s something we’ll not soon forget), we’ll also do what we can to make sure the complicit schmuck’s (including those in the media, the legal profession, and in key government positions) who keep overstepping their bounds, to the detriment of innocent and free citizens, are also made to face the legal consequences of their own wrongdoing. I doubt that they’re any more anxious to face a just tribunal than have been any of history’s well known tyrants and their dimwitted, brain off accomplices.
It looks like a foot race, and they better hope we don’t beat them to the punch!
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Tags: bailout, brain off, business america, business failures, capitalism, challenges, citizens, corporate scandals, corporate wrongdoing, debtors prison, entrepreneur, indictment, money, notorious case, realization, rick koerber, Ronald Reagan, socialism, tax fraud
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Comments
21 Responses to “Rick Koerber Indicted? Schmucks, Grand Juries, & the Trials Ahead.”
1.
Freedom From Creditors says:
April 8, 2009 at 10:19 pm
Rick,
A lot of people are accepting socialism because capitalistic good business owners like yourself get beat up and persuaded to be silent by government bureaucrats or face indictment and criminal charges. I like that your taking a stand because many of this nation’s good people are faced with adversity and loads of debt problems which have forced and converted many into a government bondage mentality. What most people don’t realize is that the culprit for most of the financial sturugles this country has had is because of the banking system and the Federal Reserve. Both the Federal Reserve and the banking system should be eliminated and attacked for the fraud that it has perpetrated upon this country.
Reply
2.
Ammon Nelson says:
April 8, 2009 at 10:58 pm
I am glad to say Rick, that I have never blamed you for my financial difficulties, though I probably experience similar financial difficulties to some of the brain-off individuals who do blame you.
I wish you the best in you fight against government corruption. I am joining you in your fight - though I don’t corroborate or associate personally with you. I agree with your philosophy and paradigm and am doing my best to spread the message of free and intentional thinking, which is so much lacking in our modern culture. Hopefully you consider me an ally.
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3.
Dave Montague says:
April 8, 2009 at 11:09 pm
Rick,
You and I only met a couple of times at the Spanish Fork gym. We have never done business together. What I want to say is I totally admire how you have stuck to your guns and persevered through a mire not many will ever come to know.
There is something wrong with a society so eager to punish. Friedrich Nietzsche made this observation: “But thus do I counsel you, my friends: distrust all in whom the impulse to punish is powerful!”
Stay the course my friend!
All the best,
Dave Montague
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4.
Brad King says:
April 8, 2009 at 11:42 pm
I would love to talk to Rick about the money that was invested through Northridge investments into FC. I am not in the least belligerant but would simply like to discuss what I can expect and thus prepare myself for the outcome.
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5.
Ryan Dana says:
April 8, 2009 at 11:51 pm
Rick,
My name is Ryan in St. George. I loaned J*** D***** $140,000. That situation sure sounds a lot like mine the only difference is I never loaned out any money to you. I would like to know the blog source you read that comment from. I would like to investigate because I don’t like people throwing my name around like that. It could’ve been another Ryan but I doubt it. Please email me that blog resource.
I understand you are trying to make a point but taking a blog note as fact can be misleading, especially if someone decided to throw my name in the blog and info without understanding any facts.
If you could change the name on your blog to maybe a fictitious name that would be great. I understand Jake’s business had some financial difficulties and I have never pursued anything with the $140,000 that he owes. I have never publicly stated my displeasure for the whole thing and I have chosen to move forward until his situation becomes more fortunate and it is up to him to square up with me. As for myself, I have learned a great deal in the school of hard knocks and have vowed to learn from my mistakes.
Thanks,
Ryan
*** added by editor for privacy purposes.
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6.
Dave Charbonneau says:
April 9, 2009 at 12:13 am
Thanks, Rick, for sharing your thoughts and standing tall. Emotional warfare, popularity contests, and seeking un-earned rewards… I thought this stuff went away in high school. Challenge is, those “winning formulas” learned in youth are tolerated and - in the short term seem to be externally rewarded. Power is such a strange temptation to figure out. Learning, living, and defending the principles of freedom certainly make for a more rewarding life; no matter the garbage that others promulgate as truth for their personal gain. I, as with most, do not know your business, your circumstances, or the intents of your heart and mind. However, I do know it is common human behavior to seek a fight in the name of their own fears, inadequacies, and general misunderstanding of their own values. As such, I refuse to read the ‘comments’ section on any online news story where accusations are being made. The Founders also understood this nature of ours, and that of the corruption of power.
I have you and Les to thank for first introducing me to the meaning and existence of governing Principles. Thank you.
Learn, Live, Defend.
–Dave Charbonneau
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7.
Kathy and John Hansen says:
April 9, 2009 at 1:57 am
Nice to hear directly from you Rick. Yes, we saw the new reports. Yes, we’ve heard the rumors too. And yes, we agree with all you’ve articulated about the media manipulation of the economic climate. Thanks for speaking out. Thanks for saying what so many of us feel but can’t put into words. Count us among your supporters, praying for your success.
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8.
Joe Olivas says:
April 9, 2009 at 3:22 am
Rick,
I thank you for your candor and will say publicly here, as I know many will read your message, that I believe with every ounce of my being that you have in no way, shape or form been anything than honorable with me. I know and understand that those who are seeking such difficulty to fall upon you and your family are doing so simply because they lack integrity, refusing to take accountability for choices they have made. Emotion is a powerful factor my friend, and those who govern their lives in this manner, are left open to powerful mistakes in judgement.
We will all, one day, when everything is clear before us, have our day in court. No jury will be present at the trial of which I speak, however, there will indeed be many on the witness stand. You are counted in my life as a true friend, as an incredible example, and even greater still as a mentor of the mind. As such, when this day comes for you my friend, I can witness with a clear conscience, “Not Guilty!” While I cannot state for a certainty what the course of events will be like in the temporal sense, my answer will be the very same nonetheless. For how can one pronounce unearned guilt?
I have made my choice, I know on which side of the line I stand. I know at who’s table I sit. Our land, our country, freedom and liberty is far too precious for me to not have made this ever important decision. My life, as I choose to live it, is one that I love. Those who hide in the shadows of deceit are too fearful of the light to stand with those who love their lives. And in their misery and darkness, they seek to destroy others who no longer live in their world.
Les once said, “The World is Changing…” I believe he was right. I believe in part, that he was speaking to me personally, in that I have the power within myself to make it so. Every day, I live in the World of My Choosing, and it is something I must protect. As there are indeed many who seek to destroy my world around me simply because they do not see what I see. They do not feel what I feel, nor do they know what I know. Namely, that A is A!
Joe
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9.
Randy Soderquist says:
April 9, 2009 at 8:56 am
Rick, (captain my captain, Dead Poet’s Society)
My life today is amazing! In a large part this is due to the principles that you teach and that I am striving on a daily basis to better understand and apply. As I face my own fears and observe what is happening in our society today, I am comforted by the fact that principles govern. Thank you for sharing your talent of teaching and explaining principles in a way that for me, has helped me to see my life and the world from a truer perspective.
Thank you for taking a stand and for your courage to follow principles and to do what is right, come what may! I appreciate you, all that you do and all that you stand for!
Vai firme,
Randy
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10.
Don Thornton says:
April 9, 2009 at 9:59 am
Rick, thanks for showing a possible future for my business. I’m glad to see from the other comments here that there are still many in the world fighting for freedom. I’m starting to know what that means and the first step is to wake up! I may hit my snooze alarm once or twice, but I’m excited about life and I’m aiming for full consciousness. Life is sweet beyond the deceptions.
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11.
Andreas Fischer says:
April 9, 2009 at 11:50 am
Dear Rick,
in concideration of the fact that no holy land is left on earth so far territorialy we have to choose it mentaly. This is what I constantly say to myself thinking of reasons for emigration because of misleading society - at any place on earth.
Due to my dear friend Caspar I found out about the sainthood of principles you and your’s have rediscovered from ancient societies, constantly spreading the word of truth. I’ve joined in with you on November 25th, 2008, far away from America by doing my pledge. And today I don’t hesitate standing forth to confess that I am a citizen of the wolrd belonging to the capitalistic society. Whatsoever the name of the country I live in is. Whatsoever the people around me do think or, even worse, do not think. Principles govern, you just have to keep going.
Love,
Andi
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12.
Jeremy Parkin says:
April 9, 2009 at 2:31 pm
Keep your head up, keep moving forward, and trust that God will help with the slack.
Jeremy
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13.
Lance Jackson says:
April 9, 2009 at 2:49 pm
It is refreshing to see conviction to Principle that runs deep, even to the core. I am pleased that Rick calls me out and challenges me to be more than just a “Sunshine Patriot”. It is his example, in such circumstances, that inspires. I am not so eloquent as Rick, but I count myself as one of his supporters.
I count myself blessed that we have an example to emulate. Though he is not a perfect being, I can learn much from his dedication to truth. He has signed the Declaration of Independence and has pledged his Life, Fortune and his Sacred Honor. Is anything less asked of us?
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14.
Stephen Street says:
April 9, 2009 at 5:12 pm
This is the era of the “Rich Hunt”. Even perceived wealth makes you a target.
Top down thinking and mindless education by memorization is creating a society comprised of a pack of wolves willing to attack as ordered.
Not more than 30 years ago something which was stupid was called what it was and forgotten. In 2009 stupid activity is given a euphemism or called a criminal activity depending on the mood of the accusers.
The problems you are experiencing would be the result of your public persona. In your case the only thing that matters is that the ideas you promote are contrary to the indoctrinations by the social engineers.
Sorry for your problems. Your persecution goes with the territory.
As my own financial situation improves I understand and sympathize with you. I have lost money. It was my fault. No need to sue because I learned from my experiences. Failure is the price we pay for success.
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15.
Joseph Graves says:
April 9, 2009 at 5:24 pm
Stand strong. TONIGHT i start the first (know) Free Capitalist meeting in Nashville. Although we are all not done 100% with our Pledge Quest. Soon. I can not stand by as we watch heroes like Rick, and others, battle against the bureaucrats who seek only to justify their existence through leeching others. I have complied the Primer and select podcasts to hand out on disc. Officela formation will come in the next 2 weeks. I have been fighting, as a new FC, to set my paradigm in prosperity, not scarcity. Especially during these “challenging economic times”. STAND UP. Be free. Do not sell yourself into modern slavery. Gather with the like mined. learn the principles, spread them to the rest of your community. God bless us all. Thank you Rick!
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16.
Mister Mike says:
April 9, 2009 at 5:38 pm
Was reading your article yesterday and was going to immediately respond but thought better.
Still stuck in the angry capitalist mode I see. I stopped reading your article when you berated those around you who were attempting to show support. Have you ever read the book “How to Win Friends and Influence People”?
While I chose not to associate myself with your way of promoting principles I also am not going to line up to kick you while your down.
May I suggest that you stop sticking your finger in the eye of those who have the power to further make your life hell especially since you apparently no longer have the resources to fight them? Also, accept support from friends and associates as they feel comfortable giving it rather than thru your narrow filter. A strong dose of humility is in order.
Oh, and I am a big believer in standing strong on principles but I’m also learning that you have to pick your battles.
Mister Mike
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17.
kev says:
April 9, 2009 at 8:52 pm
Thanks for the article.
You know, the Leninists did the same thing. They pillaged and killed any producers they could find and called it eliminating the upper class, but they went so much further, until almost no business people were left.
Then, they did it again when the common people assigned top run farms couldn’t produce - they killed them, too, who were trying to become new producers in their communist system.
I consider my self a producer, and though I don’t have your experience and exposure, plan to stay the course.
Thanks again.
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18.
Ken James says:
April 10, 2009 at 4:30 pm
Rick, I support you 100%! On a personally level, I know how people will not be accountable for their actions, and yet want to pour the blame on someone else. I know how a businessman can be honest in his dealings, and show people how to make money with a CLEAR up front understanding of the RISK and the REWARDS, and when their are profits being handled out, the world is a great place, the sun shines bright, but when their is a loss, it is everyone else fault.
Their is always jealousy and envy from people; and those same people have the opportunity to make their own life better without holding a honest businessman in contempt. I joined the FreeCapitalist Project because of your teaching and even more so, because of what you have gone through.
I salute you for facing evil, unjust, hypocrites, who are only out to mooch and loot!
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19.
Kevin Whittington says:
April 10, 2009 at 8:58 pm
Towards the tail end of the 90’s I loaned $80,000.00 to John D. VanHove, (AKA Johnny Liberty). The money was supposed to be for a short term,(1 month) and return 8%. I had read many of John’s publications and met him and we had mutual friends that had known him for years. Soon, 3 months had gone by with frequent contact from John explaining the delays. I even called him explaining that I needed at least $3,000.00 for something or other and he sent the 3K to me from his personal checking account. I considered and consider him an honorable and honest man. Soon, John was being investigated and I was sent on an all expense paid trip to Hawaii,(John’s home state). I told the Investigator/Prosecutor’s that I was responsible for my decision and believed that John was doing his best to pay us our principle. (We found out later that someone he had been working with had taken all the money and skipped the country). John was the only one left to take the blame - and he did. I told the Prosecution to punish him by letting him do his job so he could pay all the loans back. Of course they didn’t really care what I thought and John went to prison for 5 years. With the exception of the 3K he paid me we have recovered an additional $464.00 of the $44,000 the government decided he owes me now. Of course, if I were John, I would feel that 5 years of my life was sufficient to repay my debt. Justice has been done. Society has been repaid and the Government Attorneys have done their job. Another horrible Villian has been put in his place so he can’t hurt any more innocent greedy people. Only thing is — My $76,536 is still gone and my friendship with a good man, John VanHove is over. While it has been a painfully expensive lesson, it is one that I needed. Relationships are what has true value. Rick, I miss chatting in your cubicle at Franklin Covey. Thanks for the journey.
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20.
Tim Usher says:
April 13, 2009 at 4:53 am
The subject of and cause for your article reminds me of a passage from ‘Atlas Shrugged,’ page 436:
“…There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted–and you create a nation of law-breakers–and then you cash in on guilt…”
We all ought to be wary of over-reaching legislation and regulations, some recently rushed through under the guise of urgency, and the motives of those who are empowered to implement and prosecute according to such.
Keep your guard up Rick.
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Robert Arbuckle says:
April 19, 2009 at 6:15 pm
We have a son who sits in a Federal Prison I believe for many of the same reasons you listed in the article about grand juries and federal prosecutors. Not only were we threatened about getting him a descent attorney but when he was coereced into taking a plea deal the prosecutor never lived up to his promises. In the Eastern District of Texas prosecutors are out of control and the court appointed attorneys are working with them. We could tell you stories about the judges too. Is there anyone that could help us?







