I love kooks | The Hoglawyer

Friday, December 7, 2007

I love kooks

Posted By on Fri, Dec 7, 2007 at 3:08 PM

In a former life I was a prosecuting attorney and from time to time I would meet some real "kooks."  For the most part, these are harmless people. But sometimes they convince themselves that an illegal act they are doing is not punishable because the rules do not apply to them. It is not surprising that they tend to also be supporters of George Bush.  In the paper today there is a story about some crooked kooks that are not happy with their sentence in a mail fraud case.   There defenses are great ----     Henningsen, who represented herself in the proceedings denounced the proceedings as illegal when a computer error had shown the case as closed.   It's not that simple of course. Another one of her defenses is that  Henningsen denies being the person named in the criminal complaint, noting that she now hyphenates Sharon-Jeanette and separates her first name from her last with a semicolon. She also claims that the complaint, which spells her name in all capital letters, does not refer to her.
   “I learned in first-grade grammar that proper names have the first letter capitalized and the remaining letters in lower case,” the letter states. “Your DEFENDANT is not me, according to the rules of grammar.” Wouldn't it be great if you could just change your name and get out of criminal charges, taxes, bills etc.?     Maybe she is the sane one and we are all insane. thehoglawyer hoglawyer@gmail.com 3 said to be on lam in mail scam

Defendants failed to check in with court supervisor, warrant says
BY JOHN LYNCH ARKANSAS DEMOCRAT-GAZETTE


   A Northwest Arkansas woman, her boyfriend and sister, all accused of running a $1 million mail-order scam, were considered federal fugitives Thursday after reportedly failing to report to a court-ordered supervision program.
   Sharon Jeanette Henningsen has been fined $1.2 million in the envelope-stuffing scam, which a Pulaski County Circuit judge found violates the state’s Deceptive Trade Practices Act.
   Since that April decision by Judge Timothy Fox, Henningsen of Rudy, her boyfriend, Timothy Shawn Donavan, and her sister, Alys Marie Dimmitt of Muldrow, Okla., have been arrested on a federal mail-fraud count after postal inspectors complained her business practices violated the law. Court filings show that Henningsen has denied being the woman with the name listed in the arrest warrant.
   The three were released on their own recognizance shortly after their August arrests on conditions that included regularly checking in, by phone and in person, with the court’s pretrial services division.
   The three also were required to surrender their passports and are prohibited from leaving the area, and they could be fined $25,000 for violating the terms of their release. Court records show that Henningsen and Dimmitt were kept in custody a couple of days longer because they initially refused to cooperate with the pretrial program.
   Federal Magistrate Judge James R. Marschewski signed arrest orders Wednesday for the three after they missed a deadline that day to meet with their pretrial services officer. According to a sworn statement from the officer, Terry Ray, the defendants have not phoned the office since Nov. 19, and when he called each of them Tuesday to see why they had not come to the office, they said they had submitted documents to the court that released them from their obligation to follow the conditions of their release.
   The officer told the defendants that they were still required to report by 8:30 a.m. Wednesday, but none of them did, which led to the arrest warrants being issued.
   On Nov. 18, the three filed a 42-page notice with the judge claiming that they are each “living breathing free” people who are not U.S. citizens and are not subject to the laws of the United States. In the filing, the defendants claim they are citizens of the “American Republic, beneficiary to the Original Jurisdiction.” They also claim that their names are trademarked, with any unauthorized use of those names subject to a $10,000 copyright infringement fee to be paid in gold or silver.
   The cover sheet on the document was notarized Nov. 8 in Mansfield, Mass. The three have also filed their claims with the secretary of state’s office and with the Crawford County circuit clerk, according to the federal filing.
   A hearing has been set on the filing for Dec. 18. The judge also will consider at that hearing a motion by Henningsen’s court-appointed attorney, Barry D. Neal, to be relieved from the case. In his Nov. 29 motion, Neal reports that he has set up three appointments to discuss the case with Henningsen, but she has not showed up.
   “Counsel for defendant cannot properly represent defendant if she will not speak with counsel or participate in her defense in this matter,” the twopage filing states.
   Neal also cites a letter from Henningsen that was left in his office sometime on Nov. 8, noting that whoever delivered the letter didn’t tell anyone in the office or seek to speak to him.
   In the letter, which is included with the motion, Henningsen denies being the Sharon Jeanette Henningsen listed in the criminal complaint, noting that she now hyphenates Sharon-Jeanette and separates her first name from her last with a semicolon. She also claims that the complaint, which spells her name in all capital letters, does not refer to her.
   “I learned in first-grade grammar that proper names have the first letter capitalized and the remaining letters in lower case,” the letter states. “Your DEFENDANT is not me, according to the rules of grammar.”
   Henningsen claims that Neal shouldn’t represent her because he has a conflict of interest, and she declines any legal representation.
   “Based on my research, and as there is no contract between Sharon-Jeannette; Henningsen and Barry Neal, I decline an attorney of any kind,” the letter states.
   Henningsen, Dimmitt and Donovan were arrested in August and charged with aiding and abetting mail fraud after postal inspectors said they discovered the trio had deposited $1.4 million into a Minnesota bank account with funds that came from the scheme and two similar operations. The three have yet to be indicted, and prosecutors predict a grand jury won’t be able to consider the case until at least Feb. 1, according to a September court filing.
   In the filing, Assistant U.S. Attorney William Cromwell reports that investigators who raided Henningsen’s home found “hundreds of thousands” of documents, but they wouldn’t be able to complete a review of them before Jan. 31.
   “The records are relevant to the government’s case in that the documents may show a pattern of activity in the scheme to defraud by use of the mails,” the three-page filing states.
   The arrests capped a 10-month investigation by the U.S. Postal Service into three businesses authorities say the defendants were operating: Home Business Systems Inc., Trail Head Options Inc. and Premier Solutions.
   In April, Henningsen was fined more than $1.2 million by Pulaski County Circuit Judge Timothy Fox, who ruled she and her envelope-stuffing business had violated the Arkansas Deceptive Trade Practices Act 1,262 times. The judge also barred Henningsen and two of her companies, Home Business Systems Inc. and Trail Head Options Inc., from operating in Arkansas until she has paid the fine plus $156,813 in restitution and $20,000 in attorneys’ fees.
   The ruling stemmed from a 2005 lawsuit against Henningsen and Home Business by the Arkansas attorney general’s office, which complained she and the company had violated the law by promising earnings that they could not legitimately deliver and by not clearly representing how customers would earn money.
   Henningsen, who represented herself in the proceedings, has denied wrongdoing, describing the state’s action against her as a violation of her constitutional rights. She denounced the April proceedings as illegal when a computer error had shown the case as closed. She also questioned the judge’s authority to restrict Trail Head, which had not been named in the lawsuit.

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