These are transcripts, Publicly Available, on the Pacer system, Under Case # 4:14-cr-00125-ALM-CAN
United States vs Frank Edwin Pate
Document 143, page 308, lines 15-22
BY MR. WILLIAMS(Prosecutor) Examining Jonathan Horwich
Q. "It is a deposit slip. Do you have the deposit slip in front of you?
A. "Yes, its a deposit slip for the $20,000 that was sent, you know, in the mail."
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Now, there is NO record evidence of this alleged mailing, Jonathan is refering to
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Q. "All right. And it shows it being deposited into the Infinity Companies account?
A. Yes"
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Please note he confirms Infinity Companies account....yet the government has alleged the FOREX fraud
Was thru Infinity Investing, LLC...........and confirmed it with 6 other witnesses and their records submitted on file.
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Document 143, Page 309, lines 19-25
Q. " Thank you. All right. Mr Horwich, take a look, if you would, please, sir, at 174, Governments exhibit no 174.
A, Okay, Im there.
Q Does it appear to be an email?"
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Important part here, notice he says SO MANY emails.........
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A "Let me see. There were so many of these I have to make sure. Yes, I remember this ."
Q DId you recieve that email?"
------------page break to page 310 lines 1-3
A. Pardon Me?
Q Did you receive that e-mail?
A I did."
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Now, if there were SO MANY, why is there not ONE email, on record, supporting the counts of conviction, ???....
He has "records of everything we ever did" (stated in earlier posting)
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On PATES case, according to the Pacer system , he has changed his sentece three times now since Oct 2015.
(1) 29 October 2015, sentence was handed down of 262 months.
Then on error he noted to judge, a resentence on
(2) 4 November 2015 changed it to 210 months.
Most recently a remand for resentence( for an earlier noted error Pate preserved for appeal) was ordered by New Orleans on an agreed motion, which brought it down again...
(3) 26 May 2016 changed it to 168 months.
Now thats 94 months of incarceration given back to the USA, in only 7 months of fighting......and now hes on a new Direct appeal for all the other mistakes,{that his appeal attorney Seth Kretzer did not pick up}.
This just proofed up.....
In the United States District Court, of the Eastern District of Texas, Sherman Division, the following case has been 'discovered' as to being delivered to the court, defectively, and illegally.....
------United States vs. Scott Sherman (Eastern District Case # 4:33-cr-94-5) and (New Orleans Appeal case # 14-41354)
According to the Appeals court ruling in December, 2015, it was "discovered" that the Indictment against Sherman was defective.
The Grand Jury was expired {'over 24 months in session'}, and therefore unlawful. (Prosecutor ---Chris Andrew Eason--on PATES trial and case)
Additionally, Another case( in April 2014, US v Hodges 4:14-cr-0028) further leads to the conclusion, that the Indictments in the PATE case are also likely defective for the same reason.(Expired Grand Jury) in legal terms...., "fraud on the courts" Rule 60(b), perpetrated by the same prosecution team as Shermans. --------Chris Andrew Eason, and J.Andrew Williams......
Pate argued on 20 May 2015, that his Indictment was suspected of being fraudulent, as it was argued by PATE that "J.Andrew Williams" signed as the "grand jury foreperson". Transcripts show Williams denying that on the record.(Pre trial transcripts, 20 May 2015)
By reviewing the initials "JW" and JAW" on the original indictment in August, 2014 ( Document #1, on Pacer case 4:14-cr-00125-ALM-CAN) it certainly appears there could be merit to PATE's argument as well.
Sherman Division Federal District Magistrate Judge Amos Mazzant III, at Pretrial hearing, ruled that PATES argument was "frivolous"....however, now, in light of [US v Sherman] PATES earlier made argument seems "not so frivolous" after all?
This other case (SHERMAN) was going thru Appeal during Pates arguments made in May2015, so Prosecutors likely knew PATES arguments were with merit......and courts as well.
Also, Google Ken Paxton, AG for Texas. He is currently under indictment and challenging the Grand Jury under the same grounds..(expired) ......His Indictment is out of the Plano Office for the Eastern District of Texas.......(Paxton lives in Frisco TX), same place PATE lived in years past.
