Behind Closed Doors
HP's
Dirty Little Secret
Table of contents
In this book, you will journey through the profound
and often tumultuous experiences I faced as a business owner entangled in a
complex legal battle with a powerful corporation. From the inception of a
promising business relationship to the dramatic raids and arrests, each chapter
unfolds a new layer of challenges and revelations. You will read about the
immense pressures and the eventual realization of being ill-represented
legally. This narrative aims to expose the harsh realities of corporate power
dynamics, legal battles, and the personal toll it takes. Ultimately,
it is a story of resilience, redemption, and the transformative power of
faith.
3 Introduction
5 The Genesis of a Business and a
Friendship
8 The Call from California
11 The Spare Parts Program Debacle
14 The Call That Changed Everything
20 The Raid and Its Aftermath
32 Arrests and Illegal Harassment
37 The $70,000,000 Lawsuit
41 Federal Involvement and Escalation
42 Crime and Sentencing
50 The Court's Coercion and My Struggle
for Integrity
52 It is worth noting from my perspective.
55 The Fallout and Imprisonment
57 Wrongful Charges and Lack of Financial
Loss
62 Reflections and Lessons Learned
65 Conclusion
69 Why am I writing this now?
71 Lastly, what is HP's dirty little
secret?
72 A Journey to Redemption - The Prison
Diaries
75 Disclaimer
77 One last piece of advice
Introduction
In the world of
business, relationships often extend beyond professional boundaries, evolving
into genuine friendships. Such was the case with me, Bill Conley, a successful
entrepreneur who started my own computer resale business in 1995. My journey
into the world of computer resale began much earlier, in 1985 when an
individual invited me to join him in the business of selling used
Hewlett-Packard computers. Over the next decade, I cultivated a close
relationship with an employee of Hewlett-Packard (HP) in Canada. This
relationship was built on mutual respect and professional collaboration,
growing into a deep friendship that would eventually lead to a series of legal
battles and culminate in a prison sentence.
The bond I formed with
the HP employee in Canada was more than just a business connection. We often
exchanged equipment, shared market insights, and supported each other in our
professional endeavors. Our families became close, and we spent vacations
together, strengthening our personal ties. This narrative delves into the
events that led to my incarceration, examining the complexities of business
ethics, friendship, and the relentless pursuit of justice by Hewlett-Packard.
As my business grew, so
did my reliance on trusted relationships like the one I had with the HP
employee. This friendship, however, would be scrutinized under a harsh legal
microscope, revealing the precarious balance between personal and professional
lives. The trust and camaraderie that had once been the cornerstone of our
relationship became the very elements used to accuse me of unethical conduct
and fraud. The friendship that began as a pillar of strength and support
ultimately became the focal point of a legal nightmare.
In the high-stakes
world of corporate competition, Hewlett-Packard's aggressive tactics to
maintain market dominance exposed a darker side of business operations. My
story is not just a personal account of friendship and betrayal but a case study
in how large corporations can wield their power to destroy smaller competitors.
The systemic issues and corruption that I faced from multiple powerful
entities, including HP, law enforcement, and the judicial system, paint a
troubling picture of the lengths to which some organizations will go to protect
their interests.
Throughout this ordeal,
I encountered a series of events that challenged my faith in the justice system
and the integrity of corporate practices. From being wrongfully accused of
possessing stolen computer memory to the invasive and overreaching raids on my
business, each step revealed a calculated effort to dismantle my professional
and personal life. Hewlett-Packard's relentless pursuit of legal action against
me was driven by a combination of suspicion, corporate strategy, and a
willingness to exploit legal avenues to their advantage.
This narrative is a
detailed account of how my life and career were turned upside down by a company
that once valued my contributions and collaboration. It highlights the broader
implications of my experience, raising critical questions about the ethics of
corporate behavior and the accountability of legal systems. The events that led
to my incarceration are not just isolated incidents but part of a larger pattern
of corporate overreach and legal manipulation.
In sharing my story, I
aim to shed light on the personal and professional costs of such battles. The
impact on my family, the emotional toll of enduring multiple legal
confrontations, and the strain on my business were profound. My experience
serves as a cautionary tale for entrepreneurs and business professionals,
illustrating the importance of maintaining clear boundaries, upholding ethical
standards, and being vigilant against the potential for corporate and legal
abuse.
The journey from a
trusted business relationship to a prison sentence is one that underscores the
fragile nature of trust in the corporate world. It also emphasizes the need for
systemic reforms to protect individuals and small businesses from the
disproportionate power wielded by large corporations. My story is a testament
to resilience, a call for justice, and a reminder of the critical importance of
integrity in all business dealings.
As you delve into the
details of my narrative, you will find a story that is as much about the human
spirit's resilience as it is about the flaws in our corporate and legal
systems. It is a story that reveals how quickly fortunes can change and how
crucial it is to stay true to one's principles, even in the face of
overwhelming adversity. My hope is that by sharing this journey, I can inspire
others to stand up against injustice, seek ethical practices, and advocate for
a fairer, more transparent world in both business and law.
The Genesis of a
Business and a Friendship
For over a decade, I
had been deeply entrenched in the business of buying and selling used computer
products. In 1985, an individual asked me if I would like to venture into
selling used Hewlett-Packard computers. This marked the beginning of my journey
into a niche market that, unbeknownst to me, would shape my professional and
personal life in profound ways. I eagerly accepted the offer, recognizing the
potential of this burgeoning market and the opportunities it presented.
During my time with
this company, I developed a ten-year relationship with an HP employee in
Canada. Our relationship began purely as a business transaction, where we would
buy and sell Hewlett-Packard computer equipment to each other. This mutually
beneficial arrangement quickly turned into a dependable partnership, with me
probably selling as much equipment to him as I bought. The HP employee became
one of my most reliable sources, ensuring that I had a steady supply of
high-quality used equipment to offer my customers.
In 1995, I decided it
was time to take a significant step forward in my career. I quit my employment
and started my own HP computer resale business. By this time, I had a
well-established business and personal relationship with an HP employee in
Canada, which I knew would be crucial for my new venture. My decision to start
my own company was driven by the desire for independence and the ambition to
create something of my own, leveraging the decade-long experience and
relationships I had cultivated.
In April 1995, I
embarked on this new venture, establishing a computer resale business that
specialized in purchasing used Hewlett-Packard equipment for resale. This niche
market required reliable supply sources, and I was fortunate to have an HP
employee in Canada as one of my primary contacts. His role in selling used
equipment to my company was instrumental in ensuring the initial success of my
business. Our professional relationship flourished as we continued to support
each other's businesses through regular transactions.
Over the years, our
business relationship grew into a personal friendship that saw both families
vacationing together and exchanging gifts. Mutual trust and respect laid the
foundation of our friendship. We shared not only business interests but also
personal moments, creating a bond that went beyond mere professional courtesy.
The trust we built was solidified through numerous transactions and shared
experiences, both in business and in our personal lives.
The HP employee in
Canada often requested specific items that were more accessible or cheaper in
the United States. As a friend, I gladly purchased these items for him. These
items included a camera, bedding for the master bedroom, and a pop-up tent.
Each request was met with my willingness to help, viewing it as part of our
evolving personal rapport. Additionally, when the HP employee requested that I
take him and his family on vacation, I obliged. These vacations were not just
business expenses but opportunities to strengthen our personal bond. My friend initiated these requests, not me.
Furthermore, the HP
employee asked me for a personal loan to purchase a car for his wife, and I
granted it with the assurance of repayment. This loan was not a business
transaction but a gesture of trust and friendship. I believed in supporting my
friend during his time of need, confident that our relationship was built on
mutual respect and integrity. This level of personal involvement underscored
the depth of our friendship, blurring the lines between professional and
personal boundaries.
However, accusations of
fraud and unethical conduct would later scrutinize this friendship under a
legal microscope. The acts of kindness and support that were once the bedrock
of our relationship were twisted into allegations of misconduct. The vacations,
gifts, and loan, all initiated by my friend, became focal points in a narrative
that questioned the integrity of our dealings. What was once a testament to our
mutual trust and support was now portrayed as unethical behavior.
The relationship that
had been a source of strength and support became the very foundation of the
legal battles that followed. The accusations not only targeted my business
practices but also the personal trust that had been built over years of
friendship. This scrutiny put our entire relationship under a harsh spotlight,
questioning every act of kindness and support that had been exchanged. It was a
painful realization that the trust and friendship we had cultivated could be
weaponized in such a devastating manner.
As I navigated these
challenges, the importance of maintaining clear boundaries between personal and
professional relationships became painfully evident. The lessons learned from
this experience have profoundly shaped my approach to business and personal
interactions. The journey from a trusted business relationship to a legal
nightmare underscored the fragile nature of trust in the corporate world and
the potential for personal relationships to be exploited in professional conflicts.
In retrospect, the
genesis of my business and the friendship with the HP employee in Canada was a
mix of professional ambition and personal connection. It highlighted the
potential for great success and deep personal bonds but also the risks involved
when those lines blur. This experience has left an indelible mark on my life,
serving as a constant reminder of the complexities and potential pitfalls that
come with intertwining business and personal relationships.
The Call from California
In the fall of 1995, my
business took an unexpected turn when I received a call from an unknown
reseller of Hewlett-Packard computer equipment based in California. This
reseller claimed to have several dozens of Hewlett-Packard's newest processor
boards available for sale at an enticing price of $50,000 each. These processor
boards were listed on the market for over $100,000, making their sudden
availability at half the price highly suspicious. I was immediately concerned
about the legitimacy of this offer and the origins of the equipment.
Given the unusual
nature of this offer, I contacted my friend and business associate in Canada to
seek his insights. As someone deeply embedded in the HP resale market, his
perspective was invaluable. We discussed the improbability of such high-value
items appearing in the resale market so abruptly and at such a steep discount.
The conversation only heightened my concerns about the legitimacy of the
transaction and the potential risks involved.
The next day, my suspicions
were validated when I received a call from the United States FBI. The agents on
the call explained that they were investigating a significant theft of
Hewlett-Packard equipment and had identified the processor boards as stolen
property. They asked for my cooperation in recovering the stolen items. The FBI
requested that I purchase a couple of these boards to help trace the flow of
stolen goods and apprehend those responsible for the theft.
The FBI assured me that
I would be reimbursed for the purchase and provided specific instructions on
how to handle the transaction. They emphasized that neither I nor my staff
should touch the boards upon receipt to preserve the chain of custody for the
evidence. Although I was apprehensive about getting involved in such a
high-stakes operation, I agreed to assist the FBI, understanding the importance
of removing stolen goods from the market and supporting the enforcement of
ethical business practices.
Following the FBI's
instructions, I wired the money to the sellers and arranged for the overnight
shipping of the processors. The transaction was meticulously planned to ensure
that the stolen goods could be tracked and recovered without compromising the
investigation. The processors arrived at my office the next day, and true to
their word, the FBI promptly retrieved them. The agents were able to confirm
the items' stolen status and used the evidence to further their investigation.
Through this operation,
I identified a seller of stolen computer boards and played a crucial role in
assisting the FBI in recovering nearly $25 million worth of stolen equipment.
The successful recovery of such a significant amount of stolen property was a
major victory for law enforcement and a testament to the importance of
cooperation between businesses and authorities in combating crime.
The impact of this
operation extended beyond the immediate recovery of stolen goods. I received a
commendation from the worldwide director of HP's resale business, acknowledging
my crucial role in the successful operation. At that moment, I was a star in
the eyes of HP Remarketing. This recognition not only validated my commitment
to ethical business practices but also reinforced my dedication to upholding
the integrity of the resale market.
The commendation from
HP and the successful collaboration with the FBI highlighted my resolve to
maintain high ethical standards in all my business dealings. This experience
demonstrated the critical role that ethical conduct plays in the business world
and the importance of working closely with law enforcement to address and
prevent criminal activities. My actions during this operation were driven by a
commitment to protecting the integrity of the resale market and ensuring that
stolen goods did not find their way into legitimate channels.
The incident also
underscored the potential for businesses to contribute positively to the
broader community by supporting law enforcement efforts. By participating in
the investigation, I was able to contribute to a greater cause and help
dismantle a network of criminals involved in the theft and resale of high-value
equipment. This experience was a powerful reminder of the responsibilities that
come with operating in the business world and the impact that ethical actions
can have on society.
The collaboration with
the FBI and the recognition from HP bolstered my reputation within the industry
and reinforced my commitment to ethical business practices. It was a moment of
pride and validation that strengthened my resolve to continue operating with
integrity and to support efforts to maintain a fair and honest market. The
successful outcome of this operation served as a beacon of hope and a testament
to the power of ethical conduct in overcoming challenges and achieving positive
results in the business world.
The Spare Parts Program Debacle
In another instance, I
found myself embroiled in a complex and stressful situation involving
Hewlett-Packard's spare parts program. The issue began when I received an
alarming bill from Hewlett-Packard for nearly $700,000. This unexpected invoice
was part of HP's program within their spare parts department, which allowed
customers to send in defective parts in exchange for new ones at a reduced
price. However, HP's billing practices for this program were fraught with
complications and inconsistencies, leading to a significant and unjustified
financial burden on my business.
HP's spare parts
program worked as follows: customers could return defective parts and, in
exchange, receive new parts at a reduced cost. However, HP would impose an
exorbitant charge on top of the part cost, which they would then credit back
upon the return of the defective part. For example, a defective board costing
$1,200 might have an additional $50,000 added to the invoice, which would be
refunded upon the return of the defective part. This system was intended to
incentivize the return of defective parts promptly, but in practice, it led to
considerable confusion and financial strain for businesses like mine.
The situation was
further complicated by HP's frequent delays in processing these returns.
Despite returning the defective parts promptly, I often faced significant
outstanding balances due to HP's slow crediting process. These delays created a
continuous state of financial uncertainty, making it difficult to manage cash
flow and maintain accurate accounting records. The outstanding balances
accumulated over time, and the lack of timely credits from HP put immense
pressure on my business operations.
The situation reached a
breaking point when HP, after hiring a new investigative team, changed the
program without notifying all participants. The changes included sending out
bills for the full amounts of the parts as though they were past due, without
accounting for the returns that had already been processed or were in the
process of being returned. I received a bill for around $700,000, though the
actual amount owed was only $12,000, which I had already paid. This billing
discrepancy was not just a clerical error but a significant financial threat
that could have crippled my business.
The new investigative
team at HP seemed more focused on aggressively recovering funds rather than
resolving billing discrepancies fairly. Their approach disregarded the
established procedures and created chaos for customers who were part of the
spare parts program. The abrupt change in billing practices and the lack of
communication from HP left me scrambling to understand the basis for the
exorbitant invoice. It felt like a deliberate attempt to disrupt my business
operations and create financial turmoil.
I immediately sought
the assistance of my attorney to address the issue. My attorney sent a strongly
worded letter to HP detailing the discrepancies and demanding an explanation for
the unjustified charges. The letter highlighted that the actual amount owed had
already been paid and that the $700,000 bill was a result of unprocessed
credits and changes in the program that were not communicated to customers. The
legal intervention was crucial in pushing HP to acknowledge the mistake and
rectify the billing error.
Despite the resolution
of the issue through my attorney's intervention, the experience exemplified
HP's continued efforts to disrupt the used equipment marketplace. The stress
and confusion caused by this billing debacle were immense, as I had to fight
tirelessly to correct HP's errors and clear my name. The situation highlighted
the broader challenges faced by small businesses when dealing with large
corporations that wield significant power and influence.
The financial strain
was not the only consequence of this debacle. The ongoing stress of managing
the billing dispute affected my ability to focus on other aspects of my
business. The uncertainty and constant need to monitor and contest HP's billing
practices diverted valuable time and resources away from growth and innovation.
It was a battle of attrition, where the sheer persistence and determination to
seek justice were as draining as the financial implications of the erroneous
bill.
This experience also
revealed the vulnerability of small businesses to the whims of larger
corporations. The power dynamics were starkly evident as HP's bureaucratic
processes and aggressive tactics created a hostile environment for businesses like
mine. The lack of accountability and transparency in HP's billing practices was
a reminder of the challenges inherent in dealing with large organizations that
prioritize their financial recovery over fair and ethical treatment of their
customers.
Furthermore, the
incident underscored the importance of vigilance and proactive management in
business dealings. It taught me the critical need to maintain meticulous
records, closely monitor transactions, and be prepared to challenge
discrepancies assertively. The support of legal counsel was invaluable in
navigating the complexities of the dispute and ensuring that my business
interests were protected.
In retrospect, the
spare parts program debacle was a significant learning experience that
reinforced the importance of resilience and determination in the face of
corporate adversity. It was a stark reminder of the need for integrity and
ethical conduct in business practices, both from companies and their customers.
The ordeal, while stressful and financially burdensome, ultimately strengthened
my resolve to operate my business with transparency and fairness, despite the
challenges posed by interactions with larger, more powerful entities.
The aftermath of this
debacle left a lasting impact on my approach to business. It fostered a deeper
awareness of the potential pitfalls in corporate relationships and the
importance of maintaining a vigilant and proactive stance. While the experience
was fraught with challenges, it also provided valuable lessons that have continued
to inform my business practices and interactions in the years that followed.
The Call That Changed Everything
One day, while I was
sitting in my office, I received a phone call that would change everything. It
was from an unknown company in California. I had never dealt with this company
before. The Individual indicated they had a type of memory card I was
accustomed to purchasing, typically for around $1,100 each. They offered three
of these cards for $1,300 each. Though the price seemed high, I decided to
purchase them, as I sold a lot of this type of memory. I sent a faxed purchase
order to the company, agreeing to FedEx COD terms, meaning I would receive the
memory the next day and send a company check back via FedEx.
The memory arrived as
expected, and the transaction seemed routine. However, the same day I received
the memory, I received a phone call from the same individual from the company
inquiring if I had received it. Little did I know that this phone call was
being recorded by Hewlett-Packard, the High-Tech Crimes Task Force, or the
Roseville Police Department, I am uncertain. This was an illegal act, given
both California and Washington are a two-party consent law, but I was oblivious
to the trap being set.
Definition of a Two-Party
Consent State
A two-party consent
state requires that all parties involved in a conversation must give their
consent before any recording of the conversation can take place. This law is
designed to protect the privacy of individuals engaged in communication.
Specific Laws in
California:
California Penal Code
Section 632:
California's
law makes it illegal to record a confidential conversation, including those
conducted by telephone, without the consent of all parties involved.
The
law defines confidential communication as any conversation carried on in
circumstances that reasonably indicate that any party to the communication
desires it to be confined to the parties involved.
Violations
of this law can result in fines, imprisonment, or both.
Key Points:
All
parties must consent to the recording.
Applies
to both in-person and telephonic communications.
Exceptions
exist for public conversations where there is no reasonable expectation of
privacy.
Specific Laws in
Washington:
Revised Code of
Washington (RCW) 9.73.030:
Washington's
law similarly prohibits the recording of private conversations, whether they
are conducted in person or over the phone, without the consent of all parties
involved.
The
statute specifies that intercepting or recording any private communication by
any device, without obtaining the consent of all parties, is illegal.
Key Points:
Requires
consent from all parties for recording.
Applies
to both telephonic and in-person communications.
Violations
can result in criminal charges and civil liabilities.
Summary:
Both California and
Washington have stringent laws requiring all parties' consent before recording
any private conversations, aiming to protect individuals' privacy rights.
The following day, my
world was turned upside down. The High-Tech Crimes Task Force from California,
HP, and the Redmond Police department stormed my office in a raid. Guns were
drawn, their faces set in grim determination. The sight was surreal and
terrifying, far beyond what I could have ever imagined. My employees and I were
caught in a whirlwind of chaos and confusion.
This was the first time
I was aware that the memory I had bought might have been stolen from
Hewlett-Packard. HP claimed the memory was stolen, but was it? Was this company
set up by HP as a sting operation to justify lying to a judge in California to
get a search warrant to raid my company? The whole scenario seemed premeditated
and orchestrated to perfection. I never heard what happened to the company that
sold me the memory. Were they arrested for selling stolen memory? I never found
out.
Legality of Sting
Operations and Entrapment:
1. Entrapment:
Definition:
Entrapment occurs when law enforcement or agents induce a person to commit a
crime they otherwise would not have committed. It is a legal defense used in
criminal cases to argue that the defendant was coerced or persuaded into
committing the crime.
Legality:
Sting operations themselves are legal if they involve lawful methods to catch
individuals committing crimes they are predisposed to commit. However, it
becomes illegal if the operation crosses into entrapment, coercing someone into
criminal activity.
2. Illegally
Recorded Conversations:
Washington's Two-Party
Consent Law (RCW 9.73.030): Washington state law requires all
parties to consent to the recording of private conversations. Recording without
consent is illegal.
Implications:
If a private company or individuals illegally recorded a conversation as part
of a sting operation, they could be violating state law.
Proving Memory Was
Stolen:
1. Proof
Required:
Ownership and
Possession: Documentation proving that the memory was in the
possession of the original owner (HP) and was taken without authorization.
Chain of Custody:
Evidence showing how the memory moved from HP’s possession to the current
location.
Reports and Records:
Police reports, inventory logs, or other documentation indicating the memory
was stolen.
Witness Testimony:
Statements from witnesses who can attest to theft or unauthorized transfer.
2. Lack
of Proof:
If no concrete evidence
was presented to you proving the memory was stolen, you have grounds to
question the legitimacy of the allegations.
Legality of Private
Companies Conducting Sting Operations:
1. Private
Company Conducting a Sting:
Legality:
It is unusual and potentially problematic for a private company to conduct a
sting operation without law enforcement involvement. Such actions can lead to
legal issues, especially if they involve illegal activities like unauthorized
recording.
Recording Conversations:
If the company records conversations without the other party's consent, it
violates two-party consent laws in states like Washington.
2. Alleging
Stolen Property:
Proof of Theft:
For a private company to allege that property received by another company was
stolen, they need substantial proof that the property was originally theirs and
was stolen.
Setup Scenarios:
If a company sets up another by selling memory, recording the transaction
without consent, and then claiming it was stolen, it can lead to accusations of
entrapment and illegal recording.
Your Case:
1. Was
the Memory Stolen?
Without concrete
evidence presented to you, it remains unclear whether the memory was stolen.
The burden of proof lies with the accuser (HP in this case) to provide credible
evidence.
2. Proof
Needed to Know It Was Stolen:
To establish that the
memory was stolen, you would need to see clear evidence such as ownership
records, proof of theft, and documentation showing the memory's unauthorized
transfer.
Legal Actions and
Considerations:
1. Challenge
the Allegations:
Request all evidence HP
has regarding the alleged theft.
Consult with a legal
professional to explore the validity of the search warrant and the methods used
to obtain it.
2. Potential
Legal Violations by HP:
If HP conducted a sting
operation involving illegal recordings, they might have violated state
recording laws and could face legal consequences.
3. Entrapment
Defense:
If there’s evidence
that HP induced you into a situation where you unknowingly received stolen
property, an entrapment defense might be applicable.
Summary:
Sting operations must
be conducted lawfully and without entrapment. Recording conversations without
consent in Washington is illegal. If a private company, like HP, set up a sting
operation, illegally recorded conversations, and alleged theft without
providing concrete evidence, their actions could be legally and ethically
questionable. To address these issues, gathering all available evidence,
seeking legal counsel, and challenging any unlawful actions or baseless
allegations are crucial steps.
The timeline of events
was incredibly tight. I spoke with the individual from the California company
on Wednesday, received the memory FedEx COD on Thursday, and HP raided my
company on Friday. How could HP possibly discover stolen memory, identify the
people who took it, have them call me, and obtain a search warrant from a
California judge and a King County judge all within less than 36 hours (about 1
and a half days)? My belief is this was planned by HP in advance to set up a
company to sell me the memory and then allege it was stolen.
HP's allegation that
the memory was taken illegally was never confirmed, and I never heard if the
company that sold it to me was ever charged. This entire episode seemed like a
meticulously crafted scheme to bring down my business and tarnish my
reputation. The dramatic nature of the raid, the swift and aggressive actions
by HP and law enforcement, and the complete lack of transparency about the
supposed crime pointed to a sinister plot rather than a legitimate
investigation. The orchestrated attack was not just on my business but on my
very livelihood, painting me as a criminal in the eyes of my employees,
clients, and the wider community.
The Raid and Its Aftermath
The situation escalated
dramatically after I received the memory, when HP, in collaboration with the
Redmond, WA, police department, and the High-Tech Crimes Task Force detectives
from California, executed a search warrant on my business. Hewlett-Packard had
hired several police officers from the Roseville Police Department as part of a
Fraud Investigation Team. These employees were also part of the raid. In fact,
they were the ones directing the raid since they knew what they were looking
for. This incident, marked by multiple breaches of legal and ethical standards,
had a profound impact on my business and personal life.
The planning and
execution of the raid were meticulously orchestrated to maximize the element of
surprise and ensure a strong show of force. Hewlett-Packard and the task force
operated under the premise that they were dealing with a significant criminal
operation, which justified the involvement of multiple law enforcement agencies
and the dramatic nature of the raid. However, the reality was far from the
exaggerated scenario they presented.
First, Hewlett Packard,
or the Task Force, illegally recorded a conversation I had with the computer
memory supplier, despite Washington being a two-party consent state that
requires both parties to be aware of the recording. This blatant violation of
state law was the first of many unethical actions taken during the
investigation. Secondly, the task force misled a judge in California by falsely
claiming that I was in California when I purchased the memory when, in fact, I
was in my office in Washington. This misinformation was used to obtain the
search warrant, further highlighting the deceptive practices employed by HP and
the task force.
In California, providing
false, misleading, inaccurate, or blatantly false information to obtain a
search warrant can lead to several potential criminal charges, depending on the
circumstances and the intent behind the false information.
Potential Criminal
Charges:
1. Perjury (California Penal Code Section 118):
If an individual
intentionally provides false information under oath in an
affidavit used to obtain a search warrant, it can be considered perjury.
Perjury
is a felony in California and can result in imprisonment in the state prison
for two, three, or four years.
2. Filing
a False Report (California Penal Code Section 148.5):
It is illegal to
knowingly file a false report of a crime with the police or other authorities.
Violating this section
is a misdemeanor and can result in imprisonment in a county jail for up to six
months, a fine of up to $1,000, or both.
3. Fraudulent
Procuring of a Search Warrant (California Penal Code Section 1536):
If a person knowingly
provides false information in an affidavit to
procure a search warrant, they can be charged under this section.
This is considered a
serious offense, and while specific penalties under this section are not
explicitly outlined, it often overlaps with perjury
and filing a false report.
4. Obstruction
of Justice:
Providing false
information to law enforcement can be seen as obstructing justice, which
includes acts that impede the operation of the legal process.
Penalties for
obstruction of justice can vary but may include misdemeanor or felony charges
depending on the severity and impact of the obstruction.
Legal Consequences:
Suppression
of Evidence: If a search warrant is obtained based
on false information, any evidence collected during the search may be
suppressed (excluded from being used in court) under the "fruit of the
poisonous tree" doctrine.
Civil
Liability: The individual or law enforcement officers
involved in obtaining the search warrant based on false information could face
civil lawsuits for damages resulting from the illegal search.
Summary:
Providing false
information to obtain a search warrant in California can result in serious
criminal charges, including perjury, filing a false
report, and fraudulent procuring of a search warrant. These offenses carry
significant penalties, including imprisonment and fines, and can lead to the
suppression of evidence and potential civil liability.
When dealing with the
need for a search warrant across state lines, the police force from the
initiating state (in this case, California) typically must follow specific
procedures to ensure the search is legal and valid in the state where the
search will be conducted (Washington). Here is a detailed breakdown:
Jurisdictional
Authority and Search Warrants:
1. California
Search Warrant:
A judge in California
can issue a search warrant that is valid within California. However, this
warrant does not have jurisdictional power in another state, like Washington.
California authorities cannot directly execute a California-issued search
warrant in Washington.
2. Obtaining
a Search Warrant in Washington:
The proper procedure
involves California law enforcement working with Washington law enforcement to
obtain a search warrant that is valid in Washington.
Procedure to Obtain a
Search Warrant in Another State:
1. Initial
Investigation and Evidence Gathering:
California law
enforcement must first gather sufficient evidence indicating that a crime has
occurred, and that evidence or contraband is located in Washington.
2. Interstate
Cooperation:
California law
enforcement must then contact their counterparts in Washington. This can be
done through formal channels such as the state Attorney General’s office, local
police departments, or other relevant law enforcement agencies in Washington.
3. Request
for Search Warrant:
California law
enforcement will provide all the evidence and documentation to Washington law
enforcement. Washington authorities will review this information and, if they
find probable cause, they will then seek a search warrant from a judge in
Washington.
4. Execution
of the Search Warrant:
Once the search warrant
is issued by a Washington judge, Washington law enforcement will execute the
warrant. California law enforcement may assist but the actual execution must be
carried out by officers with jurisdiction in
Washington.
Legal Considerations:
1. Probable Cause:
Both states’ legal
standards for establishing probable cause must be met. California law
enforcement must ensure that the evidence they provide is compelling and aligns
with the legal requirements in Washington.
2. Jurisdictional
Compliance:
The process respects
the jurisdictional boundaries and ensures that the search is conducted legally
within Washington. This helps prevent any issues related to the admissibility
of evidence due to jurisdictional overreach.
3. Interstate
Compact and Cooperation:
There are often
agreements and compacts between states to facilitate cooperation in legal and
law enforcement matters, including the execution of search warrants.
Summary:
California law
enforcement does not directly receive a search warrant from a California judge
for execution in Washington. Instead, they must collaborate with Washington law
enforcement to obtain a search warrant from a judge in Washington. This ensures
that the search is conducted legally within the jurisdiction
of Washington, respecting both states’ legal processes and ensuring the
admissibility of any evidence obtained.
The task force and
Hewlett-Packard employees arrived on a private Hewlett-Packard plane, not a
commercial flight. This choice of transportation was indicative of the
resources HP was willing to expend to pursue its objectives.
The situation where
Hewlett Packard (HP) might fly members of the California High Tech Crimes Task
Force (HTCTF) to Washington on a private jet to search a company for stolen
memory raises significant legal and ethical concerns. Here is an analysis of
the key points:
Legal Considerations:
1. Jurisdiction
and Authority:
The California HTCTF
has jurisdiction within California. For them to
conduct a search in Washington, they would need to coordinate with Washington
law enforcement and obtain a search warrant from a Washington judge.
Law enforcement
officers from one state do not have the authority to execute a search warrant
in another state without following proper legal procedures.
2. Conflict
of Interest and Impropriety:
If HP is providing
transportation for the HTCTF, it may appear that HP is exerting undue influence
over the law enforcement officers, potentially compromising their objectivity
and independence.
Accepting
transportation or other significant benefits from a private company could
violate ethical standards and regulations regarding conflicts of interest.
3. Chain
of Custody and Evidence Handling:
Any evidence collected
during the search must be handled according to strict protocols to ensure its
admissibility in court. Any perception of bias or improper influence could
jeopardize the integrity of the investigation.
Ethical Considerations:
1. Perception
of Bias:
Accepting
transportation from HP could create a perception that the HTCTF is acting as a
private security force for HP rather than an impartial public law enforcement
agency.
This perception can
undermine public trust in the law enforcement agency and its actions.
2. Code
of Ethics:
Law enforcement
officers are typically bound by a code of ethics that requires them to avoid
conflicts of interest and maintain public confidence in their impartiality and
integrity.
Accepting significant
gifts or favors, such as private jet transportation, can be seen as a violation
of these ethical standards.
Practical Steps and
Best Practices:
1. Transparent
Procedures:
Any assistance provided
by HP should be transparent and properly documented. Ideally, any logistical
support should be handled through official channels, ensuring that no undue
influence is perceived.
2. Interagency
Cooperation:
The HTCTF should work
with Washington law enforcement to handle the search operation. This ensures
that all legal and jurisdictional protocols are followed, maintaining the
integrity of the investigation.
3. Avoiding
Conflicts of Interest:
To avoid any appearance
of impropriety, the HTCTF should seek transportation and logistical support
from public sources or through official channels, not from the private company
involved in the investigation.
Summary:
While there may not be
a specific law outright prohibiting a private company like HP from providing
transportation to law enforcement, it raises significant ethical and legal
concerns. The HTCTF should avoid any actions that could be perceived as
compromising their impartiality or integrity. Instead, they should rely on
public resources and coordinate with Washington law enforcement to ensure that the
search is conducted legally and ethically.
Upon arrival, the
Redmond police officers, Task Force representatives, and the three HP
employees, entered my office with guns drawn. This show of force was
disproportionate, given that my company only had nine employees and the issue
at hand involved a mere $3,900 worth of computer memory. The sight of armed
officers storming our workplace was terrifying for my employees and created an
atmosphere of fear and intimidation.
The lead detective
isolated me from my staff behind closed doors, failing to provide me with a
copy of the search warrant. During the time I was sequestered by a High-Tech
Task Force person, he was secretly recording our conversation, a violation of
the law in the State of Washington, which is a two-party consent law state,
meaning both parties need to know that they are being recorded. I had no
knowledge that I was being recorded. The lead detective questioned me for over
three hours without fully revealing the circumstances in my office. Before they
finally showed me the search warrant, I asked to see it 22 times. Meanwhile,
Hewlett-Packard employees, including an ex-Roseville police officer,
sequestered and interrogated my employees, treating them as if they were police
officers and thereby violating their civil rights.
The actions described
raise several potential legal and procedural issues that may involve violations
of various laws and rights. Here is an analysis of the potential legal
violations:
Legal Violations:
1. Fourth
Amendment Violations:
Unreasonable Search and
Seizure: The Fourth Amendment to the U.S. Constitution
protects against unreasonable searches and seizures. If the detective’s entry
and actions were not properly justified by a valid search warrant, this could
constitute a violation of your Fourth Amendment rights.
Warrant Procedures:
The detective's refusal to provide a copy of the search warrant upon request
and the excessive number of requests before compliance could be seen as
procedural misconduct.
2. Washington
State Law:
RCW 10.79.040:
In Washington, the officer must show a copy of the search warrant if requested.
Refusing to provide the warrant upon request could be a violation of state law.
RCW 9A.52.110:
The state law regarding criminal trespass might apply if the detective's entry
into your office was not legally justified.
3. Detention
and Coercion:
False Imprisonment:
Sequestering you in your office for hours could potentially be considered false
imprisonment if it were done without proper legal justification.
Intimidation and
Coercion: If the detective’s questioning about your
business, suppliers, competitors, and customers extended beyond the scope of
the warrant or was intended to intimidate or coerce, it could be seen as abuse
of power.
4. Recording
Conversations:
Washington State
Two-Party Consent Law (RCW 9.73.030): Washington is a
two-party consent state, meaning that both parties must consent to the
recording of a private conversation. If the detective recorded the conversation
without your consent, this could be a violation of Washington state law.
Summary:
The actions described
potentially involve violations of both federal and state laws, including the
Fourth Amendment, Washington state laws on search warrants and recording
conversations, and issues related to false imprisonment and coercion.
I was being questioned,
the task force and HP employees were conducting a thorough search of my
business premises and interviewing my employees. The search warrant limited
their ability to locate and retrieve only three pieces of memory. However, they
took software tapes from my warehouse, used for configuring computer servers,
before they left. Additionally, they went into the accountant's office,
interviewed him, and took the opportunity to back up the entire computer
system. They now knew about all my customers, my vendors, my past and present
inventory, sales, profit and loss, employees, and much more. This comprehensive
data extraction was a blatant overreach of the search warrant's scope and a clear
violation of my rights.
They also documented
the serial numbers of various pieces of computer equipment in stock and
captured photographs of all the computer products. The raid culminated with the
task force and HP employees high-fiving and taking group photos outside the
business, a final insult to my already shattered trust. The celebratory
demeanor of the task force and HP employees, as they departed, was a stark
contrast to the devastation they left behind.
They came for three
pieces of computer memory, but they left with nearly all my business contents.
They used this raid as evidence in their $70 million lawsuit against me, which
included the illegally recorded conversation. Why would Hewlett Packard,
accompanied by the High-Tech Crimes Task Force from California, fly from
California to Washington on a private jet, lie to a judge to obtain a search
warrant for my business, and bring along five Redmond, WA police officers, and
three HP employees for three pieces of memory worth $3,900 dollars? The answer
is simple: they were trying to destroy me and my company and put me in jail any
way they could. They knew they had violated a dozen laws; they just did not
care.
During the execution of
a search warrant at my office, Hewlett Packard (HP) employees conducted
interviews with my employees behind closed doors. These actions were not only
unauthorized but also involved misrepresentation, coercion, and potential
violations of several laws. Here are the specific legal transgressions
committed by HP employees during these interviews:
1. Impersonation
of Law Enforcement Officers:
California Penal Code
Section 538d / Washington RCW 9A.60.045: HP employees falsely
represented themselves as law enforcement officers or as part of the official
search party. This misrepresentation is a clear violation of both California
and Washington laws prohibiting the impersonation of public servants, including
police officers. By doing so, they created a misleading impression of their
authority and legitimacy in conducting the interviews.
2. False
Imprisonment:
California Penal Code
Section 236 / Washington RCW 9A.40.040: By detaining my
employees behind closed doors without their voluntary consent and under false
pretenses, HP employees committed false imprisonment. This unlawful detention
restricted my employees' freedom of movement and forced them to comply with the
questioning, constituting a serious violation of their personal liberties.
3. Coercion:
Washington RCW
9A.36.070: HP employees used threats, intimidation, or undue
pressure to coerce my employees into participating in the interviews. Such
coercive tactics are prohibited under Washington law, as they infringe upon an
individual's ability to freely make decisions without fear of retribution or
harm.
4. Misrepresentation
and Fraud:
Fraud and Deceit:
By misrepresenting themselves as part of the law enforcement team executing the
search warrant, HP employees engaged in fraudulent behavior. This deceitful
conduct was aimed at extracting information under false pretenses, violating
principles of honesty and integrity.
California Business and
Professions Code Section 17200: The deceptive
practices employed by HP employees, which involved unfair and fraudulent
methods to gain cooperation from my employees, fall under the category of
unfair business practices. This violation underscores the unethical and illegal
nature of their actions.
5. Invasion
of Privacy:
Invasion of Privacy:
Conducting interviews in a secluded and unauthorized manner intruded upon the
privacy rights of my employees. This invasion of privacy is particularly
egregious given the false pretenses under which the interviews were conducted,
compromising the dignity and confidentiality of my employees.
6. Interference
with Employment:
Interference with
Employment: The unauthorized and coercive interviews disrupted
the normal work environment and operations of my business. By interfering with
my employees' work responsibilities and creating a hostile environment, HP
employees not only violated legal standards but also inflicted potential harm
on my business.
Conclusion
The actions of Hewlett
Packard employees during the search warrant execution were not only unethical but
also illegal. Their misrepresentation as law enforcement officers, coercion,
false imprisonment, fraudulent behavior, invasion of privacy, and interference
with employment constitute serious legal violations. These transgressions
necessitate a thorough investigation and appropriate legal action to address
the harm caused and prevent future occurrences.
The aftermath of the
raid was devastating. HP took several items from my office, which they were not
entitled to. I brought a lawsuit against HP for the return of these items and
hired the two most prominent attorneys in the state of Washington to represent
me. During the trial, two HP people admitted on the witness stand they did, in
fact, take these items. The result of this was that the judge in King County,
WA decided that HP did not have to return the items taken more than the three
memory parts. This is just another shining example of a corrupt judge working
in conjunction with a corrupt company. I was entitled to the items HP took, but
the judge did not think so. I spent tens of thousands of dollars trying to get
my items back, only to be thwarted by a King County judge. The emotional toll
of this raid left me, and my employees devastated, questioning the integrity of
the legal system we once trusted.
The psychological
impact on my employees and me was profound. The fear and anxiety induced by the
raid lingered long after the task force had left. My employees, who had trusted
me and believed in the integrity of our business, were now questioning their future
with the company. The raid had not only disrupted our operations but also
shattered the sense of security and stability that we had worked so hard to
build.
The raid's financial
implications were equally dire. The loss of business-critical information,
coupled with the disruption of our daily operations, severely affected our
revenue and client relationships. The raid's timing and execution seemed
designed to inflict maximum damage, undermining our ability to recover quickly
and efficiently.
Furthermore, the public
perception of my business took a significant hit. News of the raid spread
quickly, and the sensational nature of the event led to rumors and speculation.
Clients and partners, unsure of the full story, began to distance themselves
from us, fearing association with a company under such intense scrutiny. The
raid had effectively tarnished our reputation, making it even harder to rebuild
and regain the trust of our stakeholders.
Despite the
overwhelming challenges, I was determined to fight back and clear my name. The
lawsuit against HP for the return of the items they had unlawfully taken was a
critical step in this process. Although the judge's decision was disheartening,
the admissions from the HP employees on the witness stand validated my claims
and highlighted the extent of HP's unethical actions.
This ordeal reinforced
my resolve to seek justice and hold HP accountable for their actions. It also
underscored the importance of resilience and perseverance in the face of
seemingly insurmountable obstacles. The experience taught me invaluable lessons
about the vulnerabilities of small businesses when confronted with the might of
large corporations and the complexities of navigating a legal system that often
seems skewed in favor of the powerful.
In the end, the raid
and its aftermath were a stark reminder of the lengths to which some entities
will go to achieve their objectives, regardless of the ethical and legal
boundaries they cross. My journey through this challenging period was marked by
a relentless pursuit of justice, a deepened understanding of the importance of
integrity in business, and a strengthened commitment to advocating for fair and
transparent practices in all aspects of life.
Arrests and Illegal
Harassment
The raid was only the
beginning of a relentless campaign by HP and law enforcement to destroy me and
my business. The lengths to which Hewlett Packard and various law enforcement
agencies went to harass and intimidate me were unprecedented and painted a
disturbing picture of corporate and legal corruption.
Shortly after the raid,
the Bellevue Police Department arrested me for possessing stolen computer
memory. Despite having legitimately purchased the memory via a purchase order
shipped by FedEx COD with a cashier's check for $3,900, I was taken into
custody. The arrest was sudden and shocking, adding another layer of stress and
confusion to an already chaotic situation. The legitimacy of my purchase did
not matter to the Bellevue Police; they seemed more intent on making an example
out of me.
The situation you
describe involves several important legal questions and considerations. Here is
an in-depth look at the relevant issues:
Proof Required to
Establish Theft:
1. Evidence
of Theft:
To prove that memory or
any other property was stolen, a company like Hewlett Packard (HP) would
typically need to provide concrete evidence. This could include:
Inventory
Records: Showing the item was in their possession and subsequently went
missing.
Surveillance Footage:
If available, showing the theft occurring.
Witness Testimony:
Statements from employees or others who can attest to the theft.
Chain of Custody:
Documentation tracing the ownership and transfer of the item, demonstrating it
was taken without authorization.
2. Probable
Cause for Search Warrants:
For law enforcement to
obtain a search warrant, they need to demonstrate probable cause to a judge.
Probable cause requires a reasonable belief, based on factual evidence, that a
crime has been committed and that evidence related to the crime is likely to be
found in the place to be searched.
If the warrant were
issued solely based on HP’s assertion without supporting evidence, it could
raise questions about the validity of the probable cause presented.
Legal Violations and
Consequences:
1. If
HP Cannot Prove the Memory Was Stolen:
False Reporting
(California Penal Code Section 148.5 / Washington RCW 9A.84.040):
If HP knowingly made a false report of a crime, they could be charged with
filing a false police report. This is typically a misdemeanor but can have
serious consequences, including fines and potential jail time.
Defamation (Libel and
Slander): Making unfounded allegations that damage a
person’s or company’s reputation could result in a defamation lawsuit. This would
require proof that the allegations were false and caused harm.
Malicious Prosecution:
If it is shown that HP pursued legal action without probable cause and with
malicious intent, they could be liable for malicious prosecution. This is a
tort claim that can result in compensatory and punitive damages.
2. If
the Receiving Company Had No Clue, the Memory Was Stolen:
Receiving Stolen
Property (California Penal Code Section 496 / Washington RCW 9A.56.140):
To be convicted of receiving stolen property, the prosecution must prove that
the person or company knew the property was stolen. If the receiving company
had no knowledge or reason to suspect the memory was stolen, they typically
would not be criminally liable.
Good Faith Purchases:
If the receiving company purchased the memory in good faith, believing it to be
legitimate, they might have a defense against criminal charges. However, they
may still be required to return the property if it is proven to have been
stolen.
Summary:
To legally establish that
memory was stolen, HP would need to provide concrete evidence such as inventory
records, surveillance footage, witness testimony, and documentation. If HP
falsely reported the theft without evidence, they could be liable for false
reporting, defamation, and malicious prosecution.
If the receiving
company had no knowledge that the memory was stolen, they typically would not
have broken any laws. The key element is whether the receiving company knew or
had reason to believe the property was stolen. Without such knowledge, criminal
liability for receiving stolen property is unlikely.
Upon my arrest, I was
transported to King County Jail, where I spent three harrowing days. The
experience was deeply unsettling. The jail environment, with its constant
noise, lack of privacy, and oppressive atmosphere, was a stark contrast to the
life I knew. The emotional strain of being incarcerated, combined with the
uncertainty of my situation, took a significant toll on my mental well-being.
My family was also deeply affected, struggling to understand why this was
happening and fearing for my safety.
After three days, I was
released and scheduled for trial. However, before the trial began, the charges
were dropped. Despite this reprieve, the damage had already been done. I had
spent tens of thousands of dollars preparing for my defense and endured the
emotional strain of jail time, all for charges that were ultimately dismissed.
The legal fees, coupled with the disruption to my business, created a financial
burden that was difficult to overcome.
This initial arrest was
only a prelude to further harassment. A while later, Bellevue Police
department resurrected the charges, hell-bent on arresting me again and
transporting me to California to be placed in the Sacramento County Jail. Their
determination to pursue these charges, despite the lack of evidence,
highlighted the corrupt nature of their motives.
Fortunately, I was
notified by my attorney that the Task Force was on their way to arrest me and
take me back to California. This timely warning allowed me to take preemptive
action. I immediately flew to Sacramento to turn myself in at the Sacramento
County Jail, thereby avoiding a potentially more extended period of
incarceration. Upon my arrival, I was processed and spent another three days in
jail before being released. If I had not taken this action, the Task Force
would have transported me to California, requiring me to remain in jail for 30
days (about 4 and a half weeks) prior to my release. This proactive move spared
me from a month-long detention, but the ordeal was still far from over.
Once again, the
Bellevue Police Department dropped the charges a few months later. In total, I
spent nearly seven days in jail and was charged twice for being in possession
of computer memory, with both charges ultimately being dropped. The constant
threat of arrest and the looming specter of legal battles created an atmosphere
of perpetual anxiety and stress. My business suffered immensely as I was forced
to divert my attention and resources to fighting these baseless charges.
The lengths Hewlett
Packard went to destroy me, my company, my family, my finances, and my standing
in the community and the business world were extreme. The employees of Hewlett
Packard and the members of the High-Tech Crimes Task Force were, in my opinion,
corrupt, dishonest, and driven by a single goal: to put me in jail by any means
necessary, bankrupt me, destroy my relationship with my family, the business
community, and my ties to the local community where I was a devout churchgoer,
coach, mentor, and friend to many.
The coordinated efforts
to discredit me extended beyond legal harassment. HP's aggressive tactics
included public smear campaigns that damaged my reputation and sowed doubt
among my clients and partners. The media, influenced by HP's narrative,
portrayed me as a criminal, further isolating me from the support I needed.
Friends and colleagues who once stood by me began to distance themselves,
fearing association with someone embroiled in such high-profile legal battles.
The financial impact
was devastating. The legal fees alone were astronomical, but the true cost went
far beyond that. My once-thriving business was now struggling to stay afloat.
Clients were hesitant to continue their partnerships, and potential deals fell
through as word of the ongoing legal issues spread. The resources I had to
allocate to my defense meant that I could not invest in my business or pursue
growth opportunities. The constant legal battles drained my finances and left
me in a precarious position.
The emotional toll on
my family was equally severe. My wife and children had to endure the
uncertainty and fear that came with my repeated arrests and the ongoing legal
threats. They witnessed firsthand the toll it took on me and were forced to
navigate their own feelings of helplessness and frustration. The impact on my
children was particularly heartbreaking, as they struggled to understand why
their father was being treated this way and had to cope with the stigma of
having a parent involved in legal issues.
HP and the Task Force's
relentless pursuit was a campaign of attrition designed to wear me down
physically, emotionally, and financially. The legal system, which I had once
believed in, now seemed like a tool for the powerful to crush those who stood
in their way. The experience exposed the deep flaws and biases within the
system, highlighting how easily it could be manipulated by those with resources
and influence.
Despite these
overwhelming challenges, I refused to give in. My resolve to clear my name and
protect my family and business only grew stronger. The support of a few loyal
friends and dedicated legal counsel provided the strength I needed to keep
fighting. Every dropped charge, and every small victory in court was a reminder
that truth and justice were still worth pursuing, no matter how daunting the
battle.
In retrospect, the
relentless legal harassment I faced tested my endurance and integrity. It
revealed the darker side of corporate America and the lengths to which some
companies will go to eliminate competition. The experience taught me invaluable
lessons about resilience, the importance of a strong support network, and the
necessity of standing up against injustice, no matter the cost.
The arrests and legal
harassment were not just about me; they were a calculated effort to dismantle
everything I had built. But through it all, I remained committed to my
principles and determined to fight for what was right. The journey was
grueling, but it also revealed a strength and resilience within me that I had
never fully realized. And while the battle against HP and the corrupt elements
of the legal system was far from over, I emerged from each ordeal with a
renewed sense of purpose and a deeper understanding of the importance of
justice and integrity in both business and life.
The $70,000,000 Lawsuit
Hewlett-Packard's
relentless pursuit of me reached its zenith with the filing of a $70,000,000
lawsuit. They leveraged the evidence gathered during the raid and the taped
interviews to construct their case, alleging that I had improperly transferred
software licenses to Hewlett-Packard. This lawsuit was not merely a legal
proceeding; it was a calculated assault aimed at obliterating my business and
personal life. The use of an illegally recorded conversation in a lawsuit,
especially one recorded by a police department during a raid, raises
significant legal issues related to evidence admissibility and privacy rights. Here
is a detailed analysis:
Illegally Recorded
Conversations
1. Two-Party
Consent Law (Washington RCW 9.73.030):
Washington is a
two-party consent state, meaning that all parties involved in a private
conversation must consent to the recording. If the conversation was recorded
without your consent, it may be considered illegal under Washington law.
2. Exclusion
of Illegally Obtained Evidence:
Fruit of the Poisonous
Tree Doctrine: Evidence obtained illegally or as a
result of illegal activity (such as an unauthorized recording) is generally
inadmissible in court. This doctrine is intended to deter illegal conduct by
law enforcement and others.
Suppression Motions:
In criminal cases, defendants can file a motion to suppress evidence that was
obtained unlawfully. If granted, the court will exclude the evidence from the
trial.
Use in Civil Lawsuits
1. Admissibility
in Civil Cases:
The rules of evidence
in civil cases also typically disallow the use of evidence obtained illegally.
If a private company attempts to use an illegally recorded conversation in a
lawsuit, you can challenge its admissibility.
Motion to Exclude:
You can file a motion to exclude the recording from evidence, arguing that it
was obtained in violation of state law and your privacy rights.
2. Privacy
Violations:
Using an illegally
recorded conversation may constitute a violation of your privacy rights under
both state and federal law.
Civil Liability for
Privacy Invasion: If a private company uses or attempts
to use an illegally obtained recording, you may have grounds to sue for
invasion of privacy or other related torts.
Illegally recorded
conversations are generally inadmissible in both criminal and civil cases due
to the violation of privacy laws and the principles of the exclusionary rule.
If a private company or law enforcement agency recorded your conversation
without your consent and is attempting to use it in a lawsuit, you have the
right to challenge its admissibility. Consulting with an attorney will provide
you with the best strategy to protect your rights and potentially exclude the
illegally obtained evidence from the legal proceedings.
The genesis of their
lawsuit lay in the discovery of 37 computer systems that I had resold. These
systems were identified from the illegally obtained backup of my computer
system during the raid. Hewlett-Packard claimed that I had failed to properly
transfer the necessary software licenses for these systems. They contended that
the absence of proper documentation constituted a breach of contract and
justified the staggering sum of $70,000,000 in damages. However, the reality
was far different.
Out of the 37 computer
systems in question, I possessed 36 software license transfers signed by HP
itself. The documentation for one system was missing, but this did not justify
the astronomical figure HP demanded. This discrepancy was not due to any
fraudulent activity on my part but rather the result of a simple oversight or
an administrative error. Nevertheless, HP capitalized on this minor lapse to mount
a massive legal assault.
The true injustice lay
in the fact that I was being sued by a company that had manipulated the
judicial system to its advantage. The corrupt practices of Hewlett-Packard were
evident in the way they conducted the raid, illegally backed up my computer
system, and used this illicitly obtained information as the cornerstone of
their lawsuit. The judicial system, which should have been a bastion of
fairness, instead seemed to support HP's underhanded tactics, making the entire
legal process feel like a David versus Goliath battle, with the scales heavily
tipped in favor of the giant corporation.
To put this in
perspective, in 1985, when I initially began selling Hewlett-Packard equipment,
the price of the hardware included the operating system software. This bundling
made the resale of used equipment straightforward. However, HP later decided to
separate the cost of the software from the hardware and began charging for each
separately. This move was intended to disrupt the resale market for used HP
computers, which was largely dominated by dealers like me.
At this juncture, HP
also introduced a tiered pricing structure based on the number of users who
could access the software. They sold licenses for varying user counts: 8, 16,
32, 64, and unlimited users. Previously, each computer came with an unlimited
user license. This change was another strategy by HP to complicate the resale
of their products and extract more revenue from their software licensing.
When they brought the
$70,000,000 lawsuit against me, HP claimed that I had sold the 37 computer
systems with unlimited user licenses and failed to properly transfer these
licenses. They assigned an inflated value to these licenses to reach the
$70,000,000 figure. This claim was not only grossly exaggerated but also
fundamentally flawed. The total value of the software user licenses involved
did not even approach $70,000,000. Moreover, I had provided HP with legitimate
software user license transfers for 36 of the 37 systems in question.
Despite the clear
evidence of my compliance with HP's licensing requirements, the corporation was
undeterred. They were confident that their influence and the corrupt judicial
system would ensure their victory in court. Faced with the overwhelming financial
and emotional burden of a protracted legal battle, I felt cornered. The
prospect of defending myself against a $70,000,000 lawsuit, with the odds
stacked against me, was daunting.
In 1998, I sold my
company to a larger entity, and the amount owed on that purchase was
$1,500,000. This payment was supposed to secure my financial future and provide
a cushion for any business uncertainties. However, as the legal pressure
mounted, it became clear that I had to make a painful decision. Believing that
I had no other viable alternative, I decided to forfeit the $1,500,000 owed to
me from the sale of my company to Hewlett-Packard as part of the settlement.
This decision was not made lightly; it was a sacrifice born out of necessity to
protect my family and salvage whatever was left of my business.
The irony was that the
entire basis for HP's lawsuit rested on information they would never have had
if they had not illegally backed up my computer during the raid. This critical
point underscored the depth of their unscrupulous tactics. They had violated
multiple laws and ethical standards to obtain the evidence they used against
me. Yet, the judicial system appeared to turn a blind eye to these
transgressions, allowing HP to proceed with its case unchallenged.
Throughout this ordeal,
my belief in the integrity of the judicial system was severely tested. The
blatant misuse of legal processes by HP, coupled with the judicial system's
complicity, painted a bleak picture of corporate power and corruption. The
experience was a harsh lesson in the realities of business, where ethics and
fairness are often overshadowed by the ruthless pursuit of profit and
dominance.
In the end, the
settlement with Hewlett-Packard, while a temporary reprieve, was a bitter pill
to swallow. I did not owe Hewlett-Packard a single dime, as I had all the
proper license transfers for 36 out of the 37 computer systems. The settlement
was a forced concession, a necessary evil to bring some semblance of closure to
a nightmare that had consumed my life for years. The financial and emotional
toll of this lawsuit left scars that would take a long time to heal, but it
also reinforced my resolve to fight for justice and uphold the principles of
integrity and fairness in all my future endeavors.
Federal Involvement and
Escalation
In October 2000, the
situation reached a critical point when the U.S. Federal Attorney's Office in
Sacramento contacted me. This call marked the culmination of years of legal
harassment and intimidation orchestrated by Hewlett-Packard and supported by
various law enforcement agencies. The federal authorities presented me with an
ultimatum that left me with little room to maneuver, face a trial on multiple
charges, which they assured would lead to a 12-year prison sentence if I lost
or accepted a plea deal. The charges were serious and multifaceted,
encompassing allegations of fraud, misrepresentation, and other
business-related offenses.
The U.S. Attorney's
Office, colluding with HP, had built a case that hinged on misrepresentations
and exaggerations of my business practices. They painted a picture of a
systematic scheme designed to defraud HP, using the evidence gathered during
the raids and the illegally obtained computer backups. The immense stress and
financial burden of fighting these charges left me with little choice.
Defending myself in a protracted legal battle against such formidable opponents
would have required resources and stamina that were already depleted by years
of legal skirmishes.
The plea deal presented
to me seemed like the lesser of two evils. It offered a way to avoid the
draconian 12-year sentence that loomed over me if the case went to trial. The
federal prosecutors portrayed the plea deal as a lifeline, a way to mitigate
the damage and bring some closure to the ordeal. However, this so-called
lifeline was fraught with its own set of perils. The terms of the plea deal
required me to admit guilt to one count of honest services wire fraud, a charge
that carried significant legal and personal consequences.
The pressure to accept
the plea deal was immense. The U.S. Attorneys were adamant, painting a grim
picture of my chances at trial and the likely outcome. They emphasized the
strength of their case and the overwhelming evidence they claimed to possess.
The thought of enduring a lengthy trial, with the risk of a lengthy prison
sentence, was too daunting. Faced with the prospect of losing everything – my
freedom, my family, and my livelihood – I chose to accept the plea deal.
Crime and Sentencing
The charge leveled
against me was one count of honest services wire fraud. Honest services wire
fraud is a legal term referring to a scheme to deprive another of the
intangible right to honest services through deceitful or fraudulent means,
typically involving bribes or kickbacks. Under 18 U.S.C. § 1346, the statute
defines "scheme or artifice to defraud" to include schemes to deprive
another of honest services. The key elements of this offense include:
1. Scheme
to Defraud: There must be a deliberate plan or
scheme to deprive someone else of their right to honest services.
2. Intent
to Defraud: The person must have a specific intent
to deceive or defraud. This means they knowingly and willfully engaged in
deceptive practices to deprive someone of honest services.
3. Use
of Wire Communications: The fraudulent scheme must
involve the use of interstate wire communications, such as phone calls, emails,
or other electronic means.
HP indicated that I had
violated the HP Canada employee's rights to honest service, citing the HP Way
and the related Gifts and Business Ethics Policy as part of their reasoning.
However, how was I supposed to know that such a document as the HP Way existed?
I had no knowledge of this document, so I was unaware that the HP Canadian
employee was bound by a business code of ethics. This responsibility lay with
the HP Canada employee, not with me. He violated the HP Way, not me. It was
entirely unjust for the U.S. Attorney to suggest that I had any knowledge of
this document, and that the HP Canada employee was required to adhere to it.
Case for Non-Charge of
Honest Services Wire Fraud
Background Context: The
charge of honest services wire fraud generally involves a scheme to deprive
another of the intangible right of honest services, often through bribery or
kickbacks. To be guilty, one typically must knowingly and willfully engage in
conduct that they are aware is dishonest or fraudulent.
Key Arguments for
Non-Charge:
1. Lack
of Knowledge of HP Way Guidelines:
Unaware of Specific
Policies: At the time of the alleged infraction, I was
not aware of the specific ethical guidelines outlined in the HP Way. These
internal policies were not explicitly communicated to me, and I had no
reasonable way to access or understand these specific limits.
Common Business
Practices: The actions in question—taking an HP Canada
employee and his family on vacation and giving gifts—were consistent with
common business practices in the 1980s and 1990s, which often involved
entertaining clients and fostering relationships through generous hospitality.
2. Absence
of Intent to Defraud:
Good Faith Actions: My
actions were conducted in good faith, with the genuine belief that they were
part of ordinary business practices aimed at building and maintaining strong
business relationships. There was no intention to deceive or defraud HP or any
other party.
Transparent Conduct: The
trips and gifts were not hidden or conducted in secrecy. They were open and
transparent, further indicating the absence of any fraudulent intent.
3. Ordinary
and Necessary Business Expenses:
IRS Guidelines
Compliance: The expenses incurred were within
the realm of what were considered ordinary and necessary business expenses
according to IRS guidelines of the time. This further supports the argument
that my actions were within the accepted business practices of the period.
Documented Business
Activities: The trips included documented
business activities, discussions, and meetings, which align with the criteria
for deductible business expenses.
4. Lack
of Personal Gain or Malicious Intent:
No Personal Benefit: The
primary beneficiary of the trips and gifts was the business relationship
between my company and HP, not me personally. There was no substantial personal
gain from these actions.
Enhancing Business
Relations: The sole aim was to enhance business relations
and foster a stronger partnership with HP Canada, which is a legitimate
business objective.
5. Historical
Context and Business Norms:
Prevailing Business
Norms: In the 1980s and 1990s, the norms around
business entertainment were more lenient, and such practices were widely
accepted and encouraged. My actions were in line with these norms and not out
of the ordinary.
No Clear Violation of
Laws: At the time, there was no clear legal
precedent or law that I knowingly violated. The actions were compliant with the
broader business practices of the era.
6. No
Specific or Clear Notification:
Lack of Clear
Communication: There was no specific or clear
notification from HP to me regarding their ethical guidelines or the limits on
gifts and entertainment. It is unreasonable to expect compliance with policies
that were never clearly communicated or made accessible.
Reasonable Expectation: I
had a reasonable expectation that my actions were within the bounds of
acceptable business conduct, given the lack of clear and explicit communication
from HP regarding their policies.
Conclusion: Given
the lack of knowledge about HP’s specific ethical guidelines, the absence of
fraudulent intent, the adherence to common business practices of the time, and
the absence of any personal gain or malicious intent, it is clear that charging
me with one count of honest services wire fraud is unwarranted. My actions were
in good faith, aimed at fostering legitimate business relationships, and
compliant with the norms and guidelines available to me at the time. Therefore,
the charge should be reconsidered and dismissed.
Overview of The HP Way
Foundation and History:
- "The HP Way" was
developed by HP's co-founders, Bill Hewlett
and Dave Packard, and has been a guiding philosophy for the company since
its inception in the 1930s.
- It reflects their vision for
creating a company that fosters innovation, respects employees, and
delivers high-quality products and services.
Core Values:
- Respect for Individuals: Treating
employees with dignity and valuing their contributions.
- Focus on Innovation: Encouraging
creativity and technological advancement to drive the company's growth and
success.
- High Standards of Integrity: Emphasizing
ethical behavior and transparency in all business dealings.
- Teamwork and Trust: Promoting
collaboration and mutual trust among employees and with business partners.
- Contribution to Society: Committing
to social responsibility and making a positive impact on the community.
Gifts and Business
Ethics Policy
HP has specific
policies addressing the issue of receiving gifts from individuals or companies.
These policies are designed to avoid any real or perceived conflicts of
interest and to ensure that business decisions are made based on merit and not
influenced by personal gain.
Key Points Typically
Found in Corporate Gift Policies:
- Acceptable Gifts:
- Generally, HP policies may allow
employees to accept nominal gifts, such as promotional items or gifts of
minimal value, often specified by a dollar limit (e.g., $25, or less).
- Occasional business meals or
entertainment may be acceptable if they are reasonable, infrequent, and
directly related to business discussions.
- Unacceptable Gifts:
- Expensive gifts, cash, or cash
equivalents (such as gift cards) are typically prohibited.
- Frequent or lavish gifts, travel,
or entertainment that could be seen as attempts to influence business
decisions are also not allowed.
- Reporting and Approval:
- Employees may be required to
report any gifts received to their supervisors or through an internal
reporting system.
- Some gifts may need prior approval
from higher management or the ethics office, especially if they exceed
the nominal value limit.
- Conflicts of Interest:
- The policy emphasizes avoiding
situations where personal interests could conflict with business
interests.
- Employees are encouraged to act
with integrity and transparency, ensuring that their actions reflect the
company's values and standards.
Example Language from
HP’s Business Conduct Guidelines (Historically): While
the exact wording may vary over time and across different iterations of HP’s
policies, here is an example of how such policies is typically framed:
"Gift
Acceptance Policy: Employees should not accept gifts, favors, or
entertainment that might influence, or appear to influence, their business
decisions. Acceptable gifts are generally limited to items of nominal value,
typically less than $25. Any gifts exceeding this value should be reported to
and approved by your supervisor or the ethics office."
HP’s policies related
to gifts are designed to maintain ethical standards and prevent conflicts of
interest. They usually include clear guidelines on the acceptable types and
values of gifts, the need for transparency and reporting, and the importance of
making unbiased business decisions.
This detailed
explanation underscores that it was the HP Canada employee's responsibility to
know and adhere to the language in "The HP Way" document. There was
no way for me to know about these internal policies, and it was reasonable for
me to rely on the employee's knowledge and communication regarding what he
could and could not accept. The U.S. Attorney's assertion that I had knowledge
of this document and its implications for the HP Canada employee was entirely
unjustified.
I had no intent in
depriving Hewlett-Packard of the honest service of their employee. I did not
devise a scheme to defraud HP out of the honest service of their employee. The
employee had requested personal items from me, trips for him and his family
with myself and my family, and a loan for a car for his wife. The total value
the federal government assigned to this was around $82,000. They had no idea
what the true value was of what the HP employee received; they just picked this
number out of thin air. Moreover, I had to put up $82,000 with the courts to
reimburse HP for their alleged loss. So, not only did I pay out money to the HP
employee, but I also had to pony up the same amount of money to the court.
At the time of my
sentencing, the judge asked the U.S. Attorney what was to happen to the $82,000
sitting with the court. The U.S. Attorneys conferred with Hewlett-Packard, and
they said they did not want the money, so the judge said he would then use the
money and designate it as a fine. Have you ever heard of such a case where the
alleged victim, Hewlett-Packard, did not want the money? Not only did I pay out
the money once to the HP Canada employee, but I also paid it out a second time
to the court as a fine.
It is worth noting that
the HP Canada employee was never charged with any crime. Typically, in the case
of bribery, the person receiving the benefit is charged with a crime, not the
person who provided the benefit. I was the one who, in this case, was alleged
to have provided the benefit, and the HP Canada employee was the one who
received the benefit. Keep in mind HP Canada is a subsidiary of HP US; this
employee and the company were not even located in the United States. Therefore,
the jurisdictional basis for the charges against me was dubious at best. This
was not a federal crime if there was any crime at all; this was an
international crime since the fraud did not happen in the United States but
across international borders in Canada. Most cases of honest services
fraud typically involve both the person offering the bribe or benefit and the
individual receiving it, with both parties often facing charges. Additionally,
the majority of these cases involve entities or individuals within the United
States.
The legal landscape for
honest services fraud was significantly clarified by the Supreme Court in the
case of Skilling v. United States. The Court ruled that honest
services fraud is only applicable in cases involving clear instances of bribes
or kickbacks. This ruling aimed to narrow the scope of the statute, which had
previously been applied broadly by prosecutors (Wiley)
(Azhari).
Instances where only
the benefactor was charged are uncommon, as the statute generally targets
schemes involving a breach of fiduciary duty that deprives another of honest
services. The application of this statute typically requires the participation
of both parties—the one offering the benefit and the one accepting it—to
establish the corrupt intent necessary for a conviction (Wikipedia)(Wiley).
Moreover, the context
of the company being in Canada adds an additional layer of complexity. While
cross-border cases can occur, they often involve significant collaboration
between U.S. and foreign law enforcement agencies. The fact that the HP
employee did not inform you of their obligations under "The HP Way"
and the HP Canada employee's responsibilities to adhere to these guidelines
further complicates the matter. It emphasizes the employee's duty to understand
and comply with their own company's internal policies, which is not typically
expected knowledge for an external party like yourself.
If you were unaware of
the internal policies of HP, it would be a critical point in your defense, as
knowledge and intent are essential elements for a conviction under honest
services fraud (Federal Criminal Defense Advocates)
(Justice).
Sentenced by a federal
district judge in California, I faced one year and one day behind bars, equally
divided between six months in prison and six months in home detention. Along
with my sentence, I received three years of probation after serving it. With
excellent behavior, I served five months in prison and, at the same time, in
home detention. My journey in prison commenced in California, weaving its way
through Oregon, and finally settling in a federal detention center in
Washington. Each step of the way, the weight of my actions and their
consequences loomed large, a constant reminder of the detour my life had taken.
The added probation period extended the strain on me and my family, serving as
a prolonged punishment that continually reminded us of the injustice we had
faced.
The Court's Coercion and My Struggle for Integrity
Prior to meeting with
the judge, I was required to meet with a court official for a presentencing
interview. During this meeting, I was asked to write a detailed explanation of
the crime I was pleading guilty to—one count of honest services wire fraud. I
took a day to compose my account, presenting a truthful narrative of my
relationship with the HP Canada employee. Upon reviewing my account, the court
official's reaction was one of disbelief. He told me that if my account was
accurate, then no crime had been committed. He then declared my account
unacceptable and took it upon himself to draft a new, supposedly acceptable
version of events for the court.
When I returned the
next day, he presented me with a two-page document that he and others in the
court had fabricated. As I read the report, I was shocked and horrified. The
document was filled with lies, misrepresentations, and completely inaccurate
accounts of my relationship with the HP Canada employee. Boldly, I told the
court official that this document was not true, accurate, or correct in any
way. I had not committed the actions they claimed I had; the entire narrative
was a fabrication designed to fit their prosecutorial needs.
The official's response
was chilling. He informed me that if I did not sign the document immediately,
the plea agreement would be void, and I would have to renegotiate with the U.S.
Attorneys. This would likely lead to a trial, with all the risks and
uncertainties that entailed. At that moment, all I could think about was my
family. The prospect of a lengthy court battle, the possibility of a harsher
sentence, and the strain it would place on my loved ones weighed heavily on my
mind. Feeling trapped and without real options, I signed the document, knowing
it was a lie and that I would be perjuring myself in court.
This coercive tactic by
the court official was a gross miscarriage of justice. It forced me into a
position where I had no choice but to comply with their fabricated narrative.
The pressure and manipulation I faced were overwhelming, and I was made to feel
that my only option was to go along with the lie to protect my family from
further hardship. This experience highlights the lengths to which the legal
system can go to secure a conviction, regardless of the truth.
Signing that document
meant that I was lying to the court, a fact that still haunts me. The
official's threats left me no room for honest defense or a fair trial. Instead,
I was bulldozed into a false confession, further entrenching the injustice I
had already faced. This episode is a stark reminder of the power dynamics at
play in the legal system, where the truth can be twisted, and individuals can
be coerced into compliance through fear and intimidation.
It is worth noting from my perspective
Justifying a Business
Trip with HP Canada Employee and Families
In the 1980s and 1990s,
the business landscape was characterized by personal relationships and
face-to-face interactions, which were pivotal in fostering long-term business
partnerships. As a businessperson, I firmly believed that taking an HP Canada
employee and his family on a vacation, along with myself and my family, was
well within the bounds of acceptable and legitimate business practices. This
belief was grounded in the prevailing business customs of the time, as well as
IRS guidelines that allowed for the deduction of various business-related
expenses, provided they were ordinary, necessary, and directly related to the
conduct of business.
Business Justification
for the Trip
1. Strengthening
Business Relationships: The primary purpose of the trip to Aruba and Hawaii
was to strengthen our business relationship with the HP Canada employee, which
was essential for our ongoing and future projects. By engaging in a relaxed and
informal setting, we were able to discuss business strategies, negotiate deals,
and explore new opportunities in a manner that formal office meetings could not
facilitate.
2. Enhancing
Business Communication: A week-long trip provided an uninterrupted
environment to delve into deeper business discussions and strategies without
the usual daily distractions. This setting was ideal for brainstorming sessions,
planning future projects, and addressing any concerns or challenges in our
partnership.
3. Demonstrating
Commitment and Appreciation: By including the employee's family and my
family, I intended to show a high level of commitment and appreciation for the
employee's hard work and dedication. This gesture was in line with the business
ethos of the time, where personal loyalty and appreciation were seen as key
factors in employee motivation and retention.
Belief in Legitimacy
Based on IRS Guidelines
1. Ordinary
and Necessary Expenses: According to IRS guidelines during the 1980s and
1990s, expenses that were ordinary (common and accepted in the business) and
necessary (helpful and appropriate for the business) were deductible. The costs
associated with this trip fell squarely within these parameters, as building
strong business relationships was a common and accepted practice.
2. Directly
Related to Business: The IRS allowed deductions for expenses that were
directly related to or associated with the active conduct of business. The trip
was designed to conduct business discussions, strategize future collaborations,
and reinforce our business relationship, making it directly related to our
business objectives.
3. Comprehensive
Documentation: I meticulously documented all aspects of the trip, including
meeting agendas, minutes of discussions, and business activities conducted.
This thorough documentation reinforced my belief that the trip was a legitimate
business expense.
Personal and Business
Benefits
1. Effective
Business Strategy: The informal setting of a vacation allowed for more open
and honest communication, fostering a stronger business rapport. This approach
was in line with the effective business strategies of the era, where personal
interactions were highly valued.
2. Long-Term
Business Gains: Investing in such a trip was seen as a long-term strategy
to ensure a robust and productive business relationship. The benefits of this
approach were expected to manifest in the form of increased business
collaboration, mutual trust, and future business success.
3. No
Suspicion of Wrongdoing: At no point did I suspect that I was engaging in
any improper activity. My actions were guided by the business norms and IRS
guidelines of the time, which I believed supported the legitimacy of such
expenses. The trip was a well-intentioned effort to enhance our business
relationship and drive future success.
In conclusion, based on
the business practices and IRS guidelines of the 1980s and 1990s, I was
confident that taking the HP Canada employee and our families on a vacation was
a legitimate business expense. My actions were driven by a strong belief in the
importance of personal relationships in business and the clear guidelines provided
by the IRS for such expenses.
The Fallout and Imprisonment
The plea deal brought
an end to the immediate legal battles, but at a significant personal and
professional cost. For nearly five years, I had been the target of HP's determined
efforts to dismantle my business. The relentless legal actions, including the
high-profile raids and multiple arrests, had tarnished my reputation, strained
my finances, and caused immense stress.
My decision to accept
the plea deal was not an admission of guilt but a pragmatic choice to avoid the
risk of an even harsher penalty. Allegations of fraud and unethical conduct now
overshadowed the friendship and trust that had characterized my relationship
with the HP employee. The plea deal marked the culmination of a tragic journey
from a trusted business relationship to a prison sentence. The psychological
burden of pleading guilty to a crime I did not commit weighed heavily on me,
but the alternative was far worse.
In my discussion with
the U.S. Attorneys in Sacramento, I was told that if I pleaded guilty, I would
not receive a prison sentence. The U.S. Attorneys assured me that since I was a
first-time offender, the judge would not sentence me to prison. They assured me
that I would, at worst, get home confinement for a short period and probation
or only probation. At sentencing, the judge imposed a sentence of one year and
one day in prison. As I mentioned before, half of this was in prison, the other
half in home confinement. I looked over at the U.S. attorneys in disbelief,
only to see them laughing. They knew what they told me to plead guilty was a
lie, and they enjoyed the moment when the judge sentenced me. The U.S.
attorneys should be ashamed of themselves.
At the time of my
imprisonment, I was married and the father of four beautiful young daughters,
the youngest of whom was only one and three years old, when I received my
prison sentence. I was active in my community and church, and I enjoyed a
peaceful life. The imposition of my prison sentence disrupted all of that. On
the day of my sentencing and prior to the imposition of my sentence, I spoke in
court and told the judge that my children needed a father more than the prison
needed another inmate. This did not deter the judge from imposing the sentence.
The disruption to my family life was profound. My wife suddenly had to navigate
the challenges of raising our children alone while dealing with the emotional
and financial strain of my absence. My children, especially the youngest, had
to grow up without their father's daily presence, which was heartbreaking for
all of them. The emotional and psychological toll on my family was immense,
with each member facing their own struggles in my absence.
The reality of prison
life was harsh. The days were long, filled with monotony and a constant
undercurrent of tension. Each day, I was reminded of the injustice that had led
me there. My fellow inmates, the routines, the restrictions – all were a stark
contrast to the life I had known. The time spent in confinement gave me ample
opportunity to reflect on the events that had brought me to this point, the
friends and business partners I had trusted, and the betrayal I felt from a
system that I had believed would protect the innocent.
The six months of home
confinement that followed were no less challenging. While I was physically
present at home, the restrictions and constant surveillance created a different
kind of imprisonment. The strain on my family continued as we adjusted to a
life of limited freedom and ongoing financial hardship. The probation period
that followed extended this state of limbo, a constant reminder of the
precarious position we were in.
Despite the adversity,
I remained determined to rebuild my life and my business. The ordeal had stripped
away many of the certainties I once held, but it had also revealed a reservoir
of resilience and strength. The support of my family and a few loyal friends
provided the foundation upon which I began to reconstruct my life, piece by
piece.
The experience of
imprisonment and the subsequent probation period served as a crucible,
reshaping my perspective on justice, integrity, and the importance of standing
up for what is right. It was a period of profound transformation, marked by a
relentless pursuit of personal and professional redemption. As I navigated the
challenges that lay ahead, I carried with me the lessons learned from this
tumultuous chapter, determined to emerge stronger and more resolute in my
commitment to justice and fairness.
Wrongful Charges and
Lack of Financial Loss
In the realm of
business and law, the case involving Hewlett-Packard (HP) and myself stands as
a profound example of the justice system's potential pitfalls. The U.S.
Attorney's Office in Sacramento charged me with honest services wire fraud,
despite HP confirming no financial loss and a lack of intent or scheme on my
part to deprive HP of the honest services of their employee. This section
delves into the reasons why these charges were unjustified, highlighting the
absence of financial loss, prosecutorial misconduct, and jurisdictional
overreach while emphasizing the systemic issues within the judicial process and
the undue influence of powerful corporations.
No Financial Loss to HP
The crux of the
prosecution's case was that my actions deprived HP of the honest services of
their employee. However, HP USA and HP Canada both confirmed that they did not
sustain any financial loss from my transactions. Here is why this is critical:
- Sentencing Guidelines: The
U.S. Sentencing Guidelines consider financial loss when determining the
severity of a sentence. The absence of financial loss should have
significantly mitigated the severity of the charges and potentially
resulted in a lighter sentence. Financial loss is a pivotal factor in
sentencing, and the lack of any such loss fundamentally undermines the
basis for imposing severe penalties.
- Invalid Basis for Charges: Honest
services wire fraud charges are typically based on schemes that result in
some form of financial loss or disadvantage to the victim. If HP did not
incur any loss, it calls into question the entire premise of the charges.
The prosecution's inability to demonstrate a tangible loss to HP
significantly weakens their case.
Questioning the
Validity of the Charges
Without financial loss,
the validity of the honest services wire fraud charges is fundamentally
compromised:
- Lack of Loss: Honest
services fraud typically involves depriving a victim of honest services,
leading to some form of loss. If HP did not incur a loss, it challenges
the prosecution’s case, suggesting that the alleged fraud did not have the
detrimental impact necessary to justify the charges. The U.S. Attorney’s
Office should have reconsidered the validity of the charges once it was
evident that HP did not suffer any financial harm.
- No Intent or Scheme: There
was no intent on my part to deprive HP of the honest services of their
employee. The employee requested personal items, trips, and a loan for his
wife, which I provided as a friend. These actions were not designed to
undermine HP's interests, and there was no fraudulent scheme involved. The
gifts and loans were given out of friendship and mutual trust, not as part
of any plan to defraud HP.
Plea Agreement
Considerations
The absence of
financial loss should have been a pivotal factor during plea agreement
discussions:
- Material Information: This
is critical information that could have influenced my decision to accept a
plea deal. Knowing that HP did not incur a loss might have provided a
stronger position to negotiate the terms or contest the charges more
vigorously. The prosecution's failure to fully consider or disclose this
information may have coerced me into accepting an unfavorable plea deal
under false pretenses.
- Informed Consent: A
plea agreement should be based on full and accurate information. HP's lack
of loss is material information that would have influenced my
decision-making process. The absence of this information deprived me of
the opportunity to make an informed decision about my legal strategy.
Prosecutorial
Misconduct
There may be questions
about whether the prosecutors fully disclosed all relevant information during
the legal proceedings:
- Duty of Disclosure: Prosecutors
are obligated to disclose exculpatory evidence that might exonerate the
defendant. If they knew that HP had not sustained any loss and did not
adequately communicate this, it could constitute prosecutorial misconduct.
The withholding of such crucial information undermines the fairness of the
legal process and my right to a fair trial.
- Ethical Obligations: Prosecutors
have an ethical obligation to pursue justice, not just convictions.
Failing to disclose HP's lack of financial loss violates this principle
and raises serious questions about the prosecution's conduct in my case.
Restitution and Fine
The refusal by HP to
accept the $82,000 and the subsequent designation of this amount as a fine is
highly unusual and raises further questions:
- Restitution vs. Fine: Restitution
is typically ordered to compensate victims for their actual losses. If
there was no actual loss, the basis for restitution and the conversion of
the amount into a fine need to be scrutinized. This unusual handling of
the funds suggests that the financial penalty might not have been
justified, adding another layer of complexity to my case. The imposition
of a fine in place of restitution where no loss occurred is questionable
and calls into question the integrity of the prosecution’s approach.
- Financial Impact: The
imposition of an unjustified fine further exacerbated the financial burden
on me. The financial penalties should be directly related to the actual
harm caused, and in this case, there was no harm to HP. This discrepancy
highlights the disproportionate and punitive nature of the prosecution's
actions.
Legal Recourse and
Appeals
The facts surrounding
the financial impact on HP and the handling of the funds provide grounds for
legal recourse or appeal:
- Appeal Grounds: Demonstrating
that HP did not suffer a loss could potentially alter the outcome of the case.
This revelation fundamentally challenges the basis of the charges and the
fairness of the proceedings against me. If this information were not fully
considered or disclosed during my trial and sentencing, it could be
grounds for an appeal or a motion to vacate the sentence.
- Post-Conviction Relief: Given
the material nature of the information regarding HP's lack of financial
loss, there may be grounds for post-conviction relief. This could include
filing a motion to vacate the conviction or seeking a new trial based on
the failure to disclose exculpatory evidence.
Jurisdictional Issues
The relationship
between HP USA and HP Canada also complicates the jurisdiction
of the U.S. Attorney’s Office:
- Subsidiary Relationship: HP
Canada operates as a subsidiary of HP Inc. and Hewlett Packard Enterprise
(HPE), making it a separate legal entity under Canadian law. This
structure allows HP Canada to operate under Canadian law while aligning
with the strategic directives of the U.S. parent company. The lack of financial
harm to HP USA or HP Canada raises questions about the U.S. jurisdiction over this case, particularly since
the actions involved a Canadian employee.
- International Cooperation and
Effects Doctrine: While the U.S. can
assert jurisdiction over activities with
significant connections to the U.S., this case involves transactions and
communications with a Canadian subsidiary. The international nature of the
activities and the lack of financial loss to the U.S. parent company
should have prompted a more thorough examination of jurisdictional
boundaries before pursuing charges. The jurisdictional overreach in
prosecuting this case raises serious concerns about the appropriateness of
the charges.
Conclusion
The U.S. Attorney's
Office in Sacramento should not have brought charges against me based on
several critical points. The information that HP USA and HP Canada did not
sustain any financial loss and declined the restitution money is crucial. It
undermines the prosecution's case and affects the sentencing guidelines. This
material information should have influenced plea negotiations, potentially
reduced the charges, and impacted the severity of the sentence.
1. No
Financial Loss: HP USA and HP Canada confirmed they did not sustain any
financial loss.
2. Invalid
Charges: The absence of loss challenges the basis for honest services wire
fraud charges.
3. Material
Information: The prosecution failed to disclose crucial information that could
have influenced the plea agreement.
4. Prosecutorial
Misconduct: The potential withholding of exculpatory evidence suggests
misconduct.
5. Unjust
Fines: The imposition of a fine instead of restitution where no loss occurred
is questionable.
6. Jurisdictional
Issues: The international aspect and subsidiary relationship complicates the
jurisdictional basis for the charges.
Addressing these issues
legally with the assistance of a qualified legal expert could potentially alter
the outcome of the case, emphasizing the wrongful nature of the charges and the
systemic issues that led to this unjust prosecution. The wrongful pursuit of
these charges highlights a troubling misuse of legal power, underscoring the
need for vigilant oversight and accountability within the justice system. The
systemic failures and prosecutorial overreach in my case serve as a stark
reminder of the critical importance of justice, fairness, and integrity in
legal proceedings. My case not only illustrates the potential for miscarriages
of justice but also calls for comprehensive reform to prevent similar
injustices from occurring in the future.
Additionally, I was
sentenced to one year and one day in prison, with half serving in prison and
the other half in home detention. I pleaded guilty to the crime of one count of
honest services wire fraud. Unfortunately for me, I served my time and three
years of probation, hoping that others would not be as unjustly impacted as I
was.
Reflections and Lessons
Learned
Reflecting on my
journey, I recognize the complexities and nuances of blending personal
friendships with business relationships. The intertwining of these two spheres
created a landscape where acts of kindness and support could easily be
misconstrued as unethical conduct. What I perceived as genuine acts of
friendship—providing personal loans, purchasing items upon request, and
vacationing together—were later scrutinized and used against me in the harshest
possible light. This experience has profoundly impacted my perspective on
business practices, trust, and the legal boundaries that govern professional
relationships. It has underscored the necessity of maintaining clear,
professional boundaries and being vigilant about the potential legal
interpretations of well-intended actions.
The legal system's
interpretation of my actions as breaches of ethical conduct was a harsh
awakening. The same gestures that built strong personal bonds were now painted
as manipulative tactics aimed at securing business advantages. This
reinterpretation of my intentions by the legal authorities served as a stark reminder
of the fragile line between personal and professional interactions. It became
evident that in the world of business, especially when dealing with large
corporations, the perception of one's actions can be as important as the
actions themselves. This realization has reshaped my approach to business,
emphasizing the need for transparency and the documentation of all transactions
and interactions.
During my time in
prison and home detention, I had ample opportunity to contemplate the path that
led me there. The isolation and introspection brought about a deeper
understanding of the importance of integrity, the fragility of trust, and the
far-reaching consequences of our actions. The daily routines of prison life,
devoid of the distractions of the outside world, forced me to face the
realities of my situation head-on. Each day, I was confronted with the
decisions I had made and the people I had trusted, leading to a profound
internal reckoning.
The solitude of prison
provided a unique environment for introspection. It was a place where time
seemed to stretch endlessly, giving me the space to reflect on every aspect of
my life and business practices. The isolation stripped away the layers of
distractions and allowed me to examine my actions and their implications with
brutal honesty. This period of intense self-reflection was both challenging and
humbling. It laid bare the vulnerabilities in my business dealings and
highlighted the importance of foresight and caution in professional
relationships.
The experience also
brought into sharp focus the systemic issues that had led to my downfall. It
became clear that my situation was not just the result of individual actions
but also a symptom of broader problems within the corporate and legal systems.
The collusion between HP and the legal authorities, the misuse of power, and
the corrupt practices that pervaded the investigation were indicative of a
system that was skewed against small business owners like me. This realization
fueled my determination to advocate for justice and reform. I resolved to use
my experience to shed light on these issues and work towards creating a more
equitable environment for entrepreneurs.
While the experience
was challenging and humbling, it also provided me with invaluable lessons that
have shaped my approach to life and business moving forward. One of the most
significant lessons was the importance of integrity in all dealings. The ordeal
reinforced that maintaining high ethical standards is paramount, even when
faced with pressure to compromise. Integrity not only builds trust but also
fortifies one's character against the corrosive effects of corruption and
deceit.
The fragility of trust
was another critical lesson. Trust, once broken, is incredibly difficult to
rebuild. My experience taught me to be more discerning in my relationships and
to value transparency and honesty above all else. This new perspective has
influenced how I engage with others, ensuring that my actions are always
aligned with my values and ethical principles.
The far-reaching
consequences of our actions were also made abundantly clear. Every decision, no
matter how small, can have significant repercussions. This understanding has
instilled in me a heightened sense of responsibility and accountability. I now
approach business decisions with a greater awareness of their potential impact,
not only on my life but also on the lives of those around me.
The time in detention
allowed me to reflect deeply on the systemic issues that had led to my
downfall, fueling my determination to advocate for justice and reform. It
became apparent that the system was not just flawed but also susceptible to
manipulation by those with power and influence. This realization was a turning
point, transforming my experience from one of personal tragedy to a catalyst
for change. I became resolved to use my story to highlight the need for
transparency, accountability, and ethical conduct in both the corporate world
and the legal system.
The journey through
legal battles, imprisonment, and the subsequent reflection has profoundly
transformed me. It has equipped me with a deeper understanding of the
complexities of personal and professional relationships and the critical
importance of maintaining integrity and transparency. The experience, while arduous,
has fortified my resolve to advocate for a fairer and more just system,
ensuring that others do not have to endure the same injustices. The lessons
learned have become the foundation upon which I am rebuilding my life and
business, guided by the principles of honesty, responsibility, and unwavering
commitment to ethical conduct.
Conclusion
My story is a sobering
reminder of the complexities and potential pitfalls at the intersection of
business and personal relationships. What began as a mutually beneficial
friendship and business partnership ended in legal battles and imprisonment.
The narrative underscores the importance of maintaining clear boundaries and
transparency in business dealings, especially when personal friendships are
involved.
The relentless pursuit
by Hewlett Packard, driven by suspicions and legal strategies, ultimately led
to my downfall. My experience highlights the power dynamics between small
businesses and large corporations, as well as the lengths to which the latter can
go to protect their interests. The systemic corruption and collusion among HP,
law enforcement, and the judicial system reveal a disturbing reality that many
small business owners face. The sheer scale of resources that HP could mobilize
against a small business owner like me highlights a gross imbalance of power.
This imbalance is not just in financial resources but in influence over legal
and law enforcement agencies.
The narrative of my
journey through this ordeal is also a testament to the profound personal and
emotional toll such legal battles can inflict. The stress and uncertainty of
being caught in the crosshairs of a corporate giant and a legal system
seemingly predisposed to favor the powerful have lasting effects on one’s
mental health and well-being. The strain on my family, the disruption to my
business, and the tarnishing of my reputation are burdens that extend beyond
the courtroom and into the daily lives of those affected. The emotional and
psychological impact on my family was significant, with each member facing
their own struggles as they navigated the challenges brought on by these
events.
Moreover, this story
exposes a crucial issue in the justice system: the potential for misuse and
manipulation by powerful entities. When corporations like HP can employ tactics
that involve bullying, threatening, and leveraging the judicial system as a
weapon, it raises serious concerns about fairness and justice. The fact that
they could coordinate with law enforcement to conduct raids, manipulate legal
proceedings, and push for severe penalties underscores a need for greater
oversight and accountability. This misuse of power not only undermines the
integrity of the legal system but also erodes public trust in the institutions
meant to uphold justice.
In the end, my story is
one of resilience and caution. It serves as a cautionary tale for entrepreneurs
and business professionals about the importance of ethical conduct, the risks
of intertwining personal and business relationships, and the far-reaching
consequences of corporate legal actions. Despite the hardships, my journey also
reflects a determination to rebuild and learn from the past, striving for a
future where trust and integrity are paramount.
Rebuilding my life and
career after such a profound setback required immense perseverance and the
support of my family and friends. It also demanded a re-evaluation of how I
approached business and personal relationships. I learned the critical
importance of maintaining clear ethical boundaries and the value of
transparency in all dealings. These lessons have not only shaped my personal
conduct but have also influenced how I mentor and advise others in the business
community.
Looking
forward, my hope is that my experience can serve as a
beacon for change. I aspire to see a world where small business owners can
operate without fear of being unjustly targeted by larger corporations, where
legal systems function impartially and protect the rights of all individuals
regardless of their financial or social standing. The pursuit of justice and
fairness should be unwavering, ensuring that no one has to endure what I went
through simply to try to run an honest business.
Ultimately, my story is
a testament to the enduring human spirit and the possibility of redemption and
renewal. It is about standing up against injustice, no matter how daunting the
adversary, and about the enduring belief in a just and equitable society. By
sharing my journey, I hope to inspire others to maintain their integrity, seek
justice, and hold on to hope even in the face of overwhelming odds. Together,
we can strive for a future where ethical conduct and fairness are the
cornerstones of all business and legal practices.
Furthermore, my ordeal
underscores the importance of vigilance and advocacy for systemic change. The
need for comprehensive reforms within the legal and corporate systems is
evident. Mechanisms must be in place to protect individuals from the overreach
of powerful corporations and ensure that justice is not swayed by financial influence.
Whistleblower protections, stronger regulations against corporate misconduct,
and greater transparency in legal proceedings are crucial steps toward
safeguarding the rights of small business owners and individuals alike.
The experiences I
endured have also fostered a deeper understanding of the value of community and
support networks. The isolation and hardship of facing such formidable
opposition can be mitigated by the strength and solidarity of those who stand
by you. My family, friends, and supporters provided the emotional and moral
backbone that helped me persevere. Their unwavering support was instrumental in
navigating the darkest periods of my journey. This sense of community and
mutual support is something I now strive to cultivate and encourage in others
facing similar challenges.
In addition, my journey
has taught me the power of resilience and adaptability. The ability to recover
from setbacks, learn from experiences, and continuously strive for improvement
is essential in both personal and professional life. These qualities have been
crucial in my efforts to rebuild my business and restore my reputation. They
have also informed my approach to mentoring and advising others, emphasizing
the importance of resilience in the face of adversity.
As I reflect on my
experiences, I remain committed to advocating for justice and ethical conduct.
My story is not just a recounting of past events; it is a call to action for
others to stand up against injustice and fight for a fairer, more transparent world.
By sharing my narrative, I hope to contribute to a broader movement toward
accountability and integrity in both the corporate and legal arenas.
In conclusion, my
journey through the legal and corporate labyrinths has been a profound learning
experience. It has exposed the deep flaws in systems that are supposed to
uphold justice and protect individuals. Yet, it has also revealed the strength
of the human spirit and the capacity for resilience and renewal. My story is a
testament to the power of perseverance, the importance of ethical conduct, and
the enduring hope for a just and fair society. As I look to the future, I am
filled with a renewed sense of purpose and a commitment to ensuring that the
injustices I faced do not befall others. Together, we can build a world where
integrity and fairness are not just ideals but everyday realities.
Why am I writing this now?
Nearly 25 years have
passed since I served my time in prison, and almost 30 years have passed since
the alleged offenses that led to my incarceration. For two decades, the desire
to share my story has lingered, culminating in a long-held ambition to write a
book titled "Behind Closed Doors: HP's Dirty Little Secret." The
title itself holds deep significance. Bill Hewlett and David Packard founded
Hewlett-Packard in a small garage. The metaphor of 'closed doors' references
garage doors—an ironic nod to the humble beginnings of a company that would
grow into a colossal enterprise with tens of thousands of employees.
Little did these
pioneering individuals know that nearly 80 years later, the company they
started would be involved in actions leading to the wrongful imprisonment of a
small business owner. My journey to prison, a journey that came at a tremendous
cost to me and my family, is a story that needs to be told—not just for the
sake of personal vindication but to shed light on the dark corners of corporate
and legal misconduct.
My book, "The
Prison Diaries: While I Was Walking, God Was Talking, and This is What He
Said," chronicles my experiences in prison. It encapsulates the
reflections and insights I gained during those challenging times. It is a
testament to the resilience of the human spirit and the profound ways faith can
provide solace and guidance.
Writing this article
now is part of my continued effort to document and share the injustices I
faced. It is a narrative of resilience, a cautionary tale about the
intersection of personal and professional relationships, and an exposé of the
systemic corruption that can exist within large corporations and legal
institutions. My story is not just about the past; it is a beacon for future
entrepreneurs, business professionals, and anyone who might find themselves at
the mercy of powerful entities. By sharing my journey, I hope to inspire others
to maintain integrity, seek justice, and never lose hope, even in the darkest
times.
This article serves as
both a prelude to my book and a standalone narrative that illuminates the harsh
realities I encountered. It underscores the importance of transparency, ethical
conduct, and standing up against corruption, no matter how formidable the
opposition may seem. By telling my story, I hope to contribute to a world where
justice prevails and the voices of the wronged are heard and respected.
Lastly, what is HP's dirty little secret?
The secret is
straightforward: HP aims to achieve business success by any means possible,
including legal and non-legal means of competitor destruction, intimidation,
bullying, threatening, and using the judicial system as a weapon. This article
serves as a prelude to my book and a standalone narrative that brings to light
the harsh realities I encountered. It underscores the importance of
transparency, ethical conduct, and the need to stand up against corruption, no
matter how formidable the opposition may seem. By telling my story, I hope to
contribute to a world where justice prevails and the voices of the wronged are
heard and respected.
A Journey to Redemption
Out of the depths of my
prison experience, a new chapter of my life began to unfold. Amidst the trials
and tribulations, I found solace and strength in my faith, and this spiritual
journey culminated in the creation of a book that I am now proud to share with the
world. "The Prison Diaries: As I Was Walking, God Was Talking and This Is
What He Said" is the result of countless hours of reflection, prayer, and
divine inspiration.
The Prison Diaries
"The Prison
Diaries, While I Was Walking, God Was Talking, and This is What He Said"
can be found on Amazon. Cut and paste the following link to the book, or click
on the link:
Introduction to
"The Prison Diaries: As I Was Walking, God Was Talking, and This Is What
He Said"
Welcome to "The
Prison Diaries: As I Was Walking, God Was Talking, and This Is What He
Said," a transformative journey into the depths of the human soul. This
compelling book delves into the profound spiritual experiences and divine
messages received by the author during a challenging period of confinement.
Through the lens of faith, hope, and redemption, "The Prison Diaries"
seeks to illuminate the darkest corners of the human spirit, bringing to light
the profound lessons and insights that emerge from deep introspection and
divine communication.
In "The Prison
Diaries," you will find a collection of powerful narratives and
reflections that capture the essence of the author's spiritual journey. Each
entry is meticulously crafted to provide an authentic and deeply personal
account of the author's experiences, focusing on this year's emotional and
spiritual journeys. These stories are about the transformative power of faith
and divine guidance.
One of the central
themes of "The Prison Diaries" is the quest for redemption and
spiritual growth. The author, a devout Christian, shares his personal faith
journey, detailing how his relationship with God provided solace and strength
during his time in prison. Through prayer, reflection, and the study of
Scripture, the author found a sense of purpose and hope that transcended the
physical confines of his cell. This spiritual awakening is a recurring motif
throughout the book, offering readers a message of hope and resilience in the
face of adversity.
"The Prison
Diaries" also addresses the transformative power of forgiveness and
reconciliation. Through poignant anecdotes and reflective passages, the book
explores the healing power of forgiveness and the liberation from letting go of
past mistakes.
In addition to the
personal narratives, "The Prison Diaries" includes practical advice
and insights for readers facing their struggles. Whether dealing with personal
hardships, seeking spiritual growth, or simply looking for inspiration, readers
will find valuable lessons and guidance within these pages. The author's experiences
serve as a testament to the resilience of the human spirit and the
transformative potential of faith and perseverance.
Throughout the book,
the author shares the divine inspiration that guided him to write the articles
contained within. As he walked through the trials of imprisonment, he received
divine messages that provided clarity, wisdom, and a renewed sense of purpose.
These messages form the book's foundation, offering readers profound insights
into the nature of faith, hope, and the human spirit.
The book concludes with
a powerful message of hope and renewal. As the author reflects on his journey,
he emphasizes the importance of maintaining faith and hope, even in the darkest
times. "The Prison Diaries" is a testament to the idea that no matter
how dire the circumstances, there is always the possibility of redemption and a
brighter future.
"The Prison
Diaries" is more than just a memoir of life in prison; it is a profound
exploration of the human condition and the capacity for growth and transformation.
Through honest and heartfelt narratives, the book invites readers to reflect on
their lives and consider how they can find strength, hope, and redemption in
adversity.
Prepare for "The
Prison Diaries" to move, inspire, and challenge you. This book is a
powerful reminder that even in the darkest of places, the light of faith and
hope can shine through, illuminating the path to a better and more meaningful
life
Disclaimer
The information
contained in this document is based on my personal recollections and
experiences from 25 to 30 years ago. To the best of my knowledge, the
information presented here is accurate from my point of view; however, I
acknowledge that my memory of events may be wrong, inaccurate, misleading, or false.
This is not intentional, and I am making my best effort to document my
recollection of these experiences for the first time.
I do not intend to
harm, injure, or damage the reputation of any individual, company, or
organization mentioned herein, including but not limited to the Redmond Police
Department, the Bellevue Police Department, the State of California, Hewlett
Packard Canada, Hewlett Packard US, the High Tech Crimes Task Force, the King
County Court, the Federal District Court in Sacramento, the King County Jail,
the Sacramento County Jail, and any persons within these entities or any other
person who may have knowledge of this matter or may have been impacted.
I hereby explicitly
state that I cannot be held liable for my recollection of events as shared in
this document. I have no interest or intent to harm anyone or any company. I am
merely sharing my personal memory of events as I recall them.
I apologize to anyone
or any company who feels that this document has hurt, harmed, or offended them;
that was never my intent.
By reading or
referencing this document, you agree to release me, my family, and anyone I
know from any legal claims or actions. This includes but is not limited to
lawsuits, claims of defamation, libel, slander, or any other legal action that
could be brought based on the content of this document. This release applies to
all entities and individuals mentioned above and any other parties who may be
impacted by the information contained herein.
Acknowledgment of
Disclaimer
By continuing to read
or make use of this document, you acknowledge and accept this disclaimer in
full. You agree that no legal action will be taken against me, my family, or
anyone I know based on the contents of this document.
Apology
I extend my sincere
apologies to anyone or any company who may feel hurt, harmed, or offended by
this document. My intent is not to cause any damage or distress but simply to
share my personal recollection of past events. If you feel harmed in ANY way,
contact me immediately at billhytek@hotmail.com.
One last piece of advice
The Importance of
Competent Legal Representation
I was naive, and I
hired attorneys who were not up to the task. In my defense regarding the case
of the alleged stolen memory, I hired an attorney who, in the end, was not very
helpful. The defense attorney I hired in California to assist me in the honest
services wire fraud case, as it turns out, was not up to the task of properly assisting
me. Similarly, the attorney I hired in California to help me in the $70,000,000
lawsuit case was equally not up to the task. I was extremely naive, and I was
bulldozed by the US Attorney and the rest. I was meek as a lamb being led to
slaughter by a group of attorneys who did not represent me well.
I was bamboozled by
legal jargon, not knowing what to believe, and relied on the expertise of the
attorneys who represented me. With some simple Google searches, I found out
that I had all kinds of legal defenses for each of my cases, which none of the
attorneys attempted to use. We capitulated to every request and demand and did
not put up a fight. It was as though; you want me to plead guilty to one count
of honest services fraud? OK! I had all kinds of defenses and did not use one,
or should I say, the attorney representing me did not offer up a single
defense. The same goes for the $70,000,000 lawsuit from HP; my attorney
basically bent over backward to give them $1,500,000 of my money.
I am not bitter at
these attorneys; I am not upset. As I mentioned, I am a novice, naive,
dedicated, devoted father and a man who has never been in trouble with the law
and trusted others when I should not have. I relied on the expertise of others;
they failed me, and I suffered the consequences. I am still suffering the
consequences today, and so are my children. My wife divorced me, and my two
youngest daughters at the time were 12 and 13 years old. My wife moved away,
and I saw my children every chance I could. My greatest responsibility in life
is to my children, being a father, and mentoring and teaching these children
into adulthood and beyond.
The aftermath of
ineffective legal representation was profound. My relationship with my children
was disrupted. While I have a wonderful relationship with three of my children,
one has disowned me. The experience of being sent to prison disrupted my entire
life; it affected my children, my relationship with my wife, my church, and my
community. Having the millstone of being a convicted felon has impacted my life
in numerous ways, from social stigma to practical challenges in rebuilding my
career and personal life.
Understanding the
severe consequences of ineffective legal representation is crucial. My
experiences underscore the need for diligent, knowledgeable, and proactive
legal counsel. Had I been represented by attorneys who were well-prepared and
willing to fight for my rights, the outcomes of my cases might have been
different. Instead, my life was upended by a series of legal missteps and
oversights that could have been avoided with proper representation.
During these trials, my
focus remained on my children. Despite the upheaval, I strove to be present in
their lives and provide the guidance and support they needed. The bond with my
children has been a source of strength and motivation, even as I navigated the
complexities of legal battles and their aftermath. Their resilience in the face
of adversity has inspired me to keep moving forward, to rebuild and to heal.
The journey through the
legal system has taught me resilience and the importance of advocating for
oneself. It has also highlighted the critical role that competent legal
representation plays in ensuring justice and fairness. My hope is that others
can learn from my experiences and make informed decisions when it comes to
legal matters. The importance of choosing the right legal representation cannot
be overstated, as the consequences of failing to do so can be life-altering.
Today, I continue to
rebuild my life with a sense of gratitude and a renewed commitment to my
family. The lessons learned from these experiences have shaped my approach to
life and reinforced the values of integrity and perseverance. While the past
cannot be changed, it serves as a powerful reminder of the importance of
standing up for oneself and seeking justice, no matter the challenges faced. I
have moved on with my life, love my life and my children, and am grateful for
every day.
In sharing my story, I
hope to shed light on the importance of competent legal representation and the
far-reaching effects that legal battles can have on one's life. My experience
is a testament to the necessity of thorough, dedicated, and effective legal
advocacy. It is my sincere wish that by recounting my journey, others may avoid
the pitfalls I encountered and find the strength to pursue justice with the
right support by their side.
No comments:
Post a Comment