Damn, I am surprised they got 600k out of AmEx. Seems like that would have been worth fighting it out a bit at least. I guess AmEx will turn around and go after Blobert personally now.
(Topic ID: 203700)
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He's probably just trying to stall as long as possible. The judge seemed to want to move it along. He'll drag out the court proceedings for years, looking for differing stalls and loopholes. Then he'll drag out the civil suits. "Blobbert" couldn't be more appropriate.
Quoted from RCA1:Robert won't want to admit to anything with potential criminal charges yet to come.
A drawn out civil trial is nothing compared to a criminal trial.
Absolutely.
There are 93 different federal districts. This one seems weak. Ridiculous he hasn't been indicted yet. I assume the prosecutor that DOJ loaned this case would now indict him. Why would you spend money on a civil and a future criminal trial when you can indict and hold the leverage to wrap up both cases with a plea. Usually the DOJ steps up and kicks just about everybody's ass.
Quoted from jamesmc:Absolutely.
There are 93 different federal districts. This one seems weak. Ridiculous he hasn't been indicted yet. I assume the prosecutor that DOJ loaned this case would now indict him. Why would you spend money on a civil and a future criminal trial when you can indict and hold the leverage to wrap up both cases with a plea. Usually the DOJ steps up and kicks just about everybody's ass.
Have you seen the current state of the DOJ? Not really a bright group it would seem, or interested in justice. Maybe Blobert does have it figured out.
Quoted from TreyBo69:I distinctly remember Robert asking a judge if he could end a call early to tend to his newborn. The judge was annoyed and told him to STFU…
I remember that... I had the honor and privelage of listening to that phone call with the summary below. Highlights include the judge getting mad at someone ordering a burrito in the background, 147 "I plead the 5ths", and the book keeper that they didn't have using Quickbooks to monitor a $60,000,000 investment enterprise.
Quoted from SantaEatsCheese:He is saying there may be some childcare issues we have to work around,
Judge is saying, "no sir, there are too many people on the phone". We are having an impact (though small)!
Quoted from SantaEatsCheese:EXSUM and highlights:
Note that due to the fact I am talking about things said by lawyers these are my recollections and interpretations as a non-lawyer listening in to only part of the conversation.
Next call 25 March at 1300 Central. Dial in number (888) 405-5981; Code: 2733682#
Some key takeaways from someone who was able to listen to about half of that.
There were over 85 people on the line when I dialed in and 65 at the end. During the break and after the call before disconnect there were tons of lawyers trying to ask questions.
I lost count at 147 plead the 5ths.
Most of the questions seemed to be about establishing what assetts Deeproot/Meuller had over time.
HE SAID THEY HAD NO ACCOUNTANT AT ANY OF HIS FIRMS!
He used a contract accountant when needed.
THEY USED QUICKBOOKS.
Not just at the pinball place, at the $60,000,000 investment firm.
ROBERT MUELLER SOLD SOME OF THESE INVESTMENTS DIRECT TO CLIENTS.
Did Deeproot pinball use any money from investors? Pled the 5th
Do you know how much money was collected... do you know where the money went 5th
Typical exchange:
Is there a book keeper? No
Who put stuff in quckbooks?
The book keeper,
Who was that?
Name (I'll leave out for obvious reasons)
How long did you use her services
What years?
2012 or 2013 through
I assume she was paid?
Yes
Was she paid as an employee or as a contractor
As a contractor
How ofter would she perform services?
It varied greatly from year to year
Would she reconcile the books monthly, quarterly?
I don't know
---------------
They spent alot of time going over a financial disclosure form he gave to investors in 2017. He pled the 5th on all questions about it to include what acronyms stood for.
He tried to get the hearing closed early due to childcare issues.
What should we be looking for to understand your financial situation? Pled 5th
How can we verify your salary of $192,000 here? 5th
SOMEONE ORDERED A BURRITO IN THE BACKGROUND!
Robert's documents implied investors were buying into Mueller's agriculture, retail, mining, and sports investment. Pled the 5th as to what they were.
He couldn't find the documents people were referencing (that he provided presumably) so he made everyone wait while emails were sent.
Where any of these individuals directly sold a part of a life insurance policy?
5th
Will we find any documents that will reflect a direct ownership in a policy?
5th
At the end there were people who wanted to ask question including several people that sounded ancient I presume were investors that were shushed.
Quote of the day goes to Treybo69 for: 5th amendment multiball!
Edit:
I forgot they actually released a video of the proceedings a few months ago. Worth a watch.
Some of the most dramatic parts where those moments he would pause after a question, talk to counsel, then go back into his practiced line to plead the fifth.
1 week later
Latest trustee filing for lawyer payments doc is a long one. Top-level takeaway is that—once approved—legal fees will break the $1 million mark.
Don't know how many interesting tidbits there are because I haven't read the doc. I did see there are some Tuyo/Turner mentions.
deeprootcapital-282-2023.07.03.pdfSomewhere in all of this is a 20 part true crime podcast. If "Who Shat On The Floor At My Wedding" is number 1 (https://www.whoshatontheflooratmywedding.com/) then this surely could give it a run for its money.
1 week later
Quoted from Roostking:Have you seen the current state of the DOJ? Not really a bright group it would seem, or interested in justice. Maybe Blobert does have it figured out.
I'm no lawyer, but I'm wondering if his angle is exploiting the "willful intent" defense. If he goes into court and essentially says, "I was doing my best I promise! I just sucked at doing the job" and "I was told X,Y and Z from my attorneys and close investors ... I just did what I was told to be right". Pleading ignorance and looking humbled is the perfect play on jurors. He's a salesperson, he could sell it. Will he evade charges? Oh no. But could he effectively walk with little repercussion? I think so. Hell, I've seen a drug user lie to buy a gun and serve no time, proof anything can happen LOL
Quoted from CLEllison:I'm no lawyer, but I'm wondering if his angle is exploiting the "willful intent" defense. If he goes into court and essentially says, "I was doing my best I promise! I just sucked at doing the job" and "I was told X,Y and Z from my attorneys and close investors ... I just did what I was told to be right". Pleading ignorance and looking humbled is the perfect play on jurors. He's a salesperson, he could sell it. Will he evade charges? Oh no. But could he effectively walk with little repercussion? I think so. Hell, I've seen a drug user lie to buy a gun and serve no time, proof anything can happen LOL
I bet they could easily find some industry vets willing to call bullshit
Quoted from TreyBo69:I bet they could easily find some industry vets willing to call bullshit
Plus Robert is by trade a lawyer.
Quoted from CLEllison:I'm no lawyer, but I'm wondering if his angle is exploiting the "willful intent" defense. If he goes into court and essentially says, "I was doing my best I promise! I just sucked at doing the job" and "I was told X,Y and Z from my attorneys and close investors ... I just did what I was told to be right". Pleading ignorance and looking humbled is the perfect play on jurors. He's a salesperson, he could sell it. Will he evade charges? Oh no. But could he effectively walk with little repercussion? I think so. Hell, I've seen a drug user lie to buy a gun and serve no time, proof anything can happen LOL
It's an uphill battle for him. He took investor money from a specific investment and used it for his own personal use and his own investments. That's a tough route to hoe.
Quoted from CLEllison:Pleading ignorance and looking humbled is the perfect play on jurors. He's a salesperson, he could sell it.
Think OJ......anything could happen.... 
Quoted from RCA1:I'm still thinking Robert can't agree to any civil charge settlement without exposing himself (even more) to criminal liability, which I hope is still coming.
"When facing SEC enforcement actions, the defendant may be better off losing at trial than admitting wrongdoing at settlement, at least with respect to subsequent criminal litigation".
Daniel Fisher, Forbes staff writer
A civil case is judged by a preponderance of evidence. A criminal case is judged by reasonable doubt, which is a much higher standard to achieve. So a settlement admitting guilt in civil court is much worse for a future defendant in a criminal trial than being judged guilty by a preponderance of evidence.
1 week later
Quoted from SantaEatsCheese:I still can't believe they went with this theme... Retro Atomic Zombie Adventureland
Looks fun, when will these be available to purchase?
Quoted from jonesjb:Looks fun, when will these be available to purchase?
2020
Quoted from jonesjb:Looks fun, when will these be available to purchase?
tenor.gifQuoted from jonesjb:Looks fun, when will these be available to purchase?
If you pay me for it in advance, I will ensure that you receive your RAZA in the first shipment produced...
Quoted from SantaEatsCheese:I still can't believe they went with this theme... Retro Atomic Zombie Adventureland
Robert was obsessed with JPOP. Caught in the Reality Distortion Field.
Retro Atomic Zombie Adventureland was a great name
- it's a game that is old news that people still like for some reason, so it's retro
- it's atomic and radiates toxicity
- it's a zombie because it just wont die
- and it's all been a terrific adventure to watch, if you didn't have any money involved
RAZA makes about as much sense as Teenage Mutant Ninja Turtles or Adolescent Radioactive Black Belt Hamsters (a parody of a parody, how utterly droll)
Another ho hum update of a motion from the trustee for approval to settle with a couple deeproot investment brokers (for around $200k). I've not been posting all court updates like this and of similarly prosaic ilks since most won't be interesting to pretty much anyone. But they do continue to come out.
deeprootcapital-287-2023.08.07.pdf 1 week later
Key posts incoming:
SEC files a motion for summary judgment against Mueller.
From my lay reading, the SEC contends that the facts that Mueller knowingly operated a fraudulent enterprise are so plain that the judge has everything he needs already to find in the SEC's favor.
This doc and the voluminous exhibits to come include redactions and parts under seal. I'm only skimming because a) there's so much content and b) many of the partial deposition transcripts are ultra tedious due to Mueller's attorney objecting to pretty much every question. But there are also oodles of interesting stuff.
I'll break up the docs into multiple posts, and I won't be highlighting. So break out your reading glasses and highlighter, and share what you find.
Appendix of Exhibits
SEC-103-1-2023.08.18.pdf
Proposed order
SEC motion for summary judgment, Exhibits 1-10
Attached hereto as Exhibit 1 is the August 17, 2023 Declaration by SEC employee Sachin Verma and Appendices A-1 – A-3.
Attached hereto as Exhibit 2 is Deposition Exhibit 6, a true and correct copy of a January 1, 2021 Private Placement Memorandum from deeproot 575 Fund, LLC, Bates labelled SEC-DEEPROOT-E-0211514.
Attached hereto as Exhibit 3 is Deposition Exhibit 5, a true and correct copy of a September 16, 2019 Private Placement Memorandum from deeproot 575 Fund, LLC, Bates labelled SEC-DEEPROOT-E-0164824
Attached hereto as Exhibit 4 is a true and correct copy of a September 1, 2015 Private Placement Memorandum from deeproot 575 Fund, LLC, Bates labelled SEC- DEEPROOT-E-0164808.
Attached hereto as Exhibit 5 is Deposition Exhibit 36, a true and correct copy of a September 1, 2015, Private Placement Memorandum from deeproot 575 Fund, LLC, Bates labelled SEC-DEEPROOT-E-0014497.
Attached hereto as Exhibit 6 is Deposition Exhibit 100, a true and correct copy of a September 16, 2019 Private Placement Memorandum for deeproot Growth Runs Deep Fund, LLC, Bates labelelledSEC-DEEPROOT-E-0164762.
Attached hereto as Exhibit 7 is Deposition Exhibit 99, a true and correct copy of an August 3, 2015 Private Placement Memorandum for deeproot Growth Runs Deep Fund, LLC, Bates labelled SEC-DEEPROOT-E-0164786.
Attached hereto as Exhibit 8 is Deposition Exhibit 98, a true and correct copy of an August 3, 2015 Private Placement Memorandum from deeproot Growth Runs Deep Fund, LLC, Bates labelled SEC-DEEPROOT-E-0013399.
Attached hereto as Exhibit 9 is Deposition Exhibit 28, Defendant Robert J. Mueller’s Objections and Responses to Plaintiff’s First Set of Interrogatories.
A true and correct copy of Exhibit 10 is attached as Exhibit B to the SEC’s Motion for Leave to File Documents Under Seal. Exhibit 10 is Deposition Exhibit 34, an August 18, 2015 email chain between Dennis J. Concilla and Defendant Robert J. Mueller with the subject “RE: dGRD” and Bates labelled MUELLER-002705.
SEC-103-2-2023.08.18.pdfAttached hereto as Exhibit 11 is a true and correct copy of an Order Authorizing and Approving the Sale of Certain Personal Property Free and Clear of All Interests Pursuant to 11 U.S.C. §§ 363(b) and (f), in the matter of In re deeproot Capital Management, LLC (Bkr. No. 21-51523-MMP), et al., and In re Policy Services, Inc. (Bkr. No. 21-51513- MMP), in the United States Bankruptcy Court for the Western District of Texas.
Attached hereto as Exhibit 12 is a true and correct copy of a document bearing the title, “Quick FAQ,” Bates labelled SEC-DEEPROOT-E-0011222.
A true and correct copy of Exhibit 13 is attached as Exhibit C to the SEC’s Motion for Leave to File Documents Under Seal. Exhibit 13 is a document bearing the title, “Deeproot Investor Presentation,” Bates labelled MUELLER002816.
Attached hereto as Exhibit 14 are experts from the March 9, 2023 deposition of Defendant Mueller.
A true and correct copy of Exhibit 15 is attached as Exhibit D to the SEC’s Motion for Leave to File Documents Under Seal. Exhibit 15 is excerpts of an October 14, 2021 letter from Jay Hulings to the SEC and an attachment, Bates labelled SEC-RJM-E-0000015-17, 19, 58.
Attached here to as Exhibit 16 is Deposition Exhibit 37, a March 20, 2017 email chain between Defendant Mueller and Gerald Wik with the subject “RE: Updated Files 3.20.2017,” Bates labelled SEC-DEEPROOT-E-0210796.
Attached hereto as Exhibit 17 is Deposition Exhibit 38, a true and correct copy of a document titled “INVESTMENT ALLOCATION AGREEMENT,” Bates labelled SEC- DEEPROOT-E-0213963.
Attached hereto as Exhibit 18 is Deposition Exhibit 40, a true and correct copy of a document with the title, “ASSETS BACKING UP INVESTMENTS,” Bates labelled DEEPROOT FUNDS_005625.
Attached hereto as Exhibit 19 is a true and correct copy of a document titled “LIFE SETTLEMENT CERTIFICATE,” Bates labelled SEC-PullmanR-E-0000022.
Attached hereto as Exhibit 20 are excerpts from the June 23-24, 2021 SEC investigative testimony of Defendant Mueller.
SEC-103-3-2023.08.18.pdfAttached hereto as Exhibit 21 is Deposition Exhibit 11, a true and correct copy of a September 30, 2020 letter from Defendant Mueller to investors, Bates labelled SEC- DEEPROOT-E-0008354.
Attached hereto as Exhibit 22 is Deposition Exhibit 18, a true and correct copy of a memorandum from Scott Allen to Defendant Mueller, with the subject “Resignation,” Bates labelled SEC-AllenS-E-0000079.
Attached hereto as Exhibit 23 are excerpts from the February 16, 2023 deposition of Scott Allen.
A true and correct copy of Exhibit 24 is attached as Exhibit E to the SEC’s Motion for Leave to File Documents Under Seal. Exhibit 24 is Deposition Exhibit 43, a document titled “OPERATING AGREEMENT OF deeproot 575 Fund, LLC,” Bates labelled MUELLER 001067.
Attached hereto as Exhibit 25 is a true and correct copy of a document titled “OPERATING AGREEMENT OF deeproot 575 Fund, LLC,” Bates labelled SEC- DEEPROOT-E-0019790.
Attached hereto as Exhibit 26 is a true and correct copy of a document titled “OPERATING AGREEMENT OF deeproot Growth Runs Deep Fund, LLC,” Bates labelled SEC-DEEPROOT-E-0005760.
A true and correct copy of Exhibit 27 is attached as Exhibit I to the SEC’s Motion for Leave to File Documents Under Seal. Exhibit 27 is a copy of the March 17, 2023, Expert Report of Bill Post.
Attached hereto as Exhibit 28 is a true and correct copy of the April 27, 2023, Supplemental Expert Report of Bill Post.
Attached hereto as Exhibit 29 is a true and correct copy of the October 6, 2021, Declaration of Sachin Verma, submitted in this matter, SEC v. Mueller, et al., ECF No. 16-1.
Attached hereto as Exhibit 30 is Deposition Exhibit 27, a true and correct copy of an April 22, 2013, email from Concilla to Defendant Mueller and G. Russell Hagan, with the subject “01190212,” with attachment, and Bates labelled SEC-PulmanR-E-0000001.
SEC-103-4-2023.08.18.pdfAttached hereto as Exhibit 31 are excerpts from the July 12, 2023, deposition of Concilla in this matter.
A true and correct copy of Exhibit 32 is attached as Exhibit F to the SEC’s Motion for Leave to File Documents Under Seal. Exhibit 32 is Deposition Exhibit 90, an August 4, 2015, email chain between Defendant Mueller and Concilla, with the subject “RE: What’s a good time today to conference?,” with attachment, and Bates labelled MUELLER-CPM 001772.
Attached hereto as Exhibit 33 are excerpts from the July 13, 2023, deposition of Federico.
Attached hereto as Exhibit 34 is a true and correct copy of the September 14, 2022, declaration of Brad Leon, Bates labelled SEC-SEC-E-0002496.
Attached hereto as Exhibit 35 is a true and correct copy of the October 18, 2022, declaration of James Donnelly, Bates labelled SEC-SEC-E-0002984.
Attached hereto as Exhibit 36 is a true and correct copy of the October 9, 2022, declaration of John Gray, Bates labelled SEC-SEC-E-002959.
Attached hereto as Exhibit 37 is a true and correct copy of the September 23, 2022, declaration of Robert Kane, Bates labelled SEC-SEC-E-0002906.
Attached hereto as Exhibit 38 is a true and correct copy of the September 15, 2022, declaration of Sandra S. Thompson, Bates labelled SEC-SEC-E-0002508.
Attached hereto as Exhibit 39 is a true and correct copy of a December 16, 2022 letter from Jay Hulings to the SEC regarding the waiver of attorney-client privilege and/or work product doctrine.
Attached hereto as Exhibit 40 is a true and correct copy of a document titled “WAIVER OF ATTORNEY CLIENT PRIVILEGE AND CONFIDENTIALITY,” signed by John Patrick Lowe on or about January 27, 2023, Chapter 7 Trustee for the Estates of the Debtors.
SEC-103-5-2023.08.18.pdfA true and correct copy of Exhibit 41 is attached as Exhibit G to the SEC’s Motion for Leave to File Documents Under Seal. Exhibit 41 is Deposition Exhibit 101, the April 4, 2023 declaration of Dennis Concilla, Bates labelled MUELLER 002862.
A true and correct copy of Exhibit 42 is attached as Exhibit H to the SEC’s Motion for Leave to File Documents Under Seal. Exhibit 42 is Deposition Exhibit 91 an August 12, 2015, email from Concilla to Defendant Mueller, with the subject “dGRG – PPM(01529802) – v2.6.doc,” with attachment, and Bates labelled MUELLER 002649.
Attached hereto as Exhibit 44 is a true and correct copy of Investigative Testimony Exhibit 73, a September 4, 2020 email from Dave Cooper to deeproot, with a copy to Rochelle Cooper, with the subject “August 22, 2020 Letter,” with attachment, and Bates labelled SEC-DEEPROOT-E-0004997.
Attached hereto as Exhibit 45 is a true and correct copy of Defendant Mueller’s American Express Bill under NATIONAL WEALTH SOLU, with account ending in -1001, closing date of 07/09/18, and Bates labelled SEC-RFPA-AMEX-E-0003255.
Attached hereto as Exhibit 46 is a true and correct copy of a December 15, 2018, Americus Diamond Receipt Bates labelled SEC-AMERICUS-E-0000012.
Attached hereto as Exhibit 47 is a true and correct copy of a December 14, 2015 Americus Diamond Receipt Bates labelled SEC-AMERICUS-E-0000005.
Attached hereto as Exhibit 48 is a true and correct copy of Investigative Testimony Exhibit 93, Defendant Mueller’s American Express Bill under NATIONAL WEALTH SOLU, with account ending in -1001, closing date of 03/09/16, and Bates labelled SEC-RFPA- AMEX-E-0002809.
Attached hereto as Exhibit 49 is a true and correct copy of Investigative Testimony Exhibit 95, Defendant Mueller’s American Express Bill under NATIONAL WEALTH SOLU, with account ending in -1001, closing date of 03/09/17, and Bates labelled SEC-RFPA- AMEX-E-0003067.
Note: I removed a page with information that was not properly redacted
SEC-103-6-2023.08.18.pdf:popcorn: This is new info.
Ugh this is terrible.
This sounds like it's copy pasted directly from a criminal indictment.
This is the linked in for the SEC trial counsel that prepared this summary judgment filing. That is some heavy experience.
Quoted from Inside:[quoted image]
:popcorn: This is new info.
Ugh this is terrible.
[quoted image]
This sounds like it's copy pasted directly from a criminal indictment.
[quoted image]
This is the linked in for the SEC trial counsel that prepared this summary judgment filing. That is some heavy experience.
I have some bits somewhere on the food thing from a while back
One of the exhibits contains statements from that investor and others about how they were brought in to invest and what transpired. Sad and brutal.
I remember when they brought in a financial crimes heavy hitter. Assuming it's the person you linked.
I don't know anything about anything, but I do think Robert eventually ends up doing time.
Who the heck is this guy? $70k at a doctor - in Utah?
Looking at their website https://www.hvfamilymedicine.com/programs it's some sort of "Lifestyle Medicine Program" ... either weight loss or some sort of hormone therapy to help with "Better sexual performance and satisfaction"
Quoted from Inside:What is blacked out here?! Pinside posters demand to know.
[quoted image]
The Operating Agreement described Mueller as an amazing, brilliant, wholesome, honest, groundbreaking, death-defying, innovative, handsome, humble, stoic, thoughtful, salt of the earth leader, man, and father.
Warning signs were there before we ever heard of deeproot. Check the evolution of the deeproot funds about us page from May 2014 to Feb 2016
screencapture-web-archive-org-web-20140105093447-http-deeprootfunds-com-80-about-2023-08-19-10_06_24 (resized).pngscreencapture-web-archive-org-web-20140523091319-http-deeprootfunds-com-about-2023-08-19-10_04_34 (resized).pngscreencapture-web-archive-org-web-20141208235635-http-deeprootfunds-com-about-2023-08-19-10_07_34 (resized).pngscreencapture-web-archive-org-web-20150205070800-http-deeprootfunds-com-about-2023-08-19-10_08_26 (resized).pngscreencapture-web-archive-org-web-20150305001917-http-deeprootfunds-com-about-2023-08-19-10_08_51 (resized).pngscreencapture-web-archive-org-web-20151117133358-http-deeprootfunds-com-about-2023-08-19-10_09_38 (resized).pngscreencapture-web-archive-org-web-20160215020717-http-deeprootfunds-com-about-2023-08-19-10_10_09 (resized).pngSome of the exhibits are too interesting to excerpt and just need to be highlighted in full. One of these is the CYA while not poking the litigious bear resignation letter to Robert from a deeproot financial advisor.
Screenshot 2023-08-19 at 10.22.35 AM (resized).pngScreenshot 2023-08-19 at 10.22.40 AM (resized).pngScreenshot 2023-08-19 at 10.22.48 AM (resized).pngPromoted items from the Pinside Marketplace
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