Cara, you hit the nail on the head. As a victim of former “Federal Prosecutor” John Kroger, I learned first hand how the Legal Impoverishment tactic works. In my case they made false press releases that I was “pumping raw sewage into the creek” and went so far as to issue public health warnings. They recently admitted to the court that it never happened, but they still want my scalp anyway.
Kroger and his henchmen demanded all of my financial records from the company that not only owned the resort and sewage system, but of all other unrelated companies (I have been developing real estate for 20 plus years). I was successful several times in quashing the request (the judge ruled in my favor that the State was not entitled to the information as it was not relevant to this case) Kroger then issues secret criminal subpoenas to my lenders requesting my financial information, and then used that information to figure out what lenders, partners, city officials, etc to contact to instill doubt in their minds about my credibility. This was in the midst of one of the worst financial crisis’s (early 2009 to 2010) I literally had bank presidents calling me and asking “Patrick, what is going on?” they were scared to death. It was next to impossible to come up with cash to keep feeding the attorney’s while trying to protect my partners and keep my other financial commitments. They succeeded in bleeding me dry, but the fight still continues. This month and next will be big. I am still optimistic, but honestly, the only thing I have left is my tenacity and my optimism. I will never give up. Ever.
The impoverishment of defendants is a basic strategy of federal prosecutors. Prosecutors use impoverishment as a means to cripple the ability of an accused person to defend himself. This, of course, gives the prosecutors a huge built-in advantage over the defendant in plea bargaining and in trial preparation.
First, the prosecutors seize as much of a defendant’s assets as they can get away with, including the defendant’s life savings — this is money not available to the defendant to fund his defense. Then, they force a defendant into the incredibly expensive task of trying to defend himself against the wealthiest entity in the world, the U.S. federal government. As one Enron defendant told me:
“Fighting the federal government cannot be done halfway. To have any chance at all of defending yourself, you must decide that you are willing to put everything on the line, including everything you have earned over…
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