Homero's back to leaving his brilliance on Facebook once again. Last stroke of genius was the day he threw Uncle Stu under the bus and left a note about family is more important in his Facebook intro. Today.... Sounds a bit ominous if you ask me, certainly no usual bravado in there. Maybe he's agreed to a lengthy prison plea?  Yeah what happened to the teleconference, surprising not even an enterprising journalist eavesdropped in and reported on it. Hope it is not an indication of the lack of victims/interest out there and the whole things not just riding on Shinners and his gang to push the victim impact statements through? Daddy's going on a long business trip kids, say goodbye....   |
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Very encouraging letter that from Pierpont. Discussing the terms of Homero's pleas and the sentencing process. Sounds like a certainty. Been half expecting some bullshit to torpedo the whole thing. But to put that wording in black and white like that, seems to be proceeding according to plan. Need to see him cuffs before believing any of it. Nice legal article about shithead. One things for sure he's very famous now and for all the wrong reasons.  http://www.ctlawtribune.com/id=1202790650108/Virtual-Currency-Miners-Ordered-to-Pay-124-Million?mcode=0&curindex=0Kind of feel bad for granny. First she loses the one grandson, the her beloved doggy dies and immediately after that, her daughter dies, and now her other grandson going in for free diameter enlarging surgery for who knows how long. For all the bullshit Biblical Babble one has to wonder what the fuck they have done in the past to deserve all of this. RIP pooch! Meanwhile on the Uncle Stu front, cannot understand the silence. Last communication with the prosecutor, she swore there is no connection with the cases i.e. zero influence going on. The on re-reading the very last court entry this stands out to me: Especially in light of the concerns raised by Frow , the Plaintiffs are not required to renew these motions promptly and may, if they choose, wait to do so until after the Court rules on the pending motion to dismiss (which would obviate the need to address the stay issue) and/or after the Court enters any judgment with respect to Defendant Fraser Pretty much an invitation to take your sweet fucking time is how I read it And that seems to be exactly where we are with that case. |
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 Securities and Exchange Commission v. Garza et al
Monday, May 29, 2017
ORDER FOR ENTRY OF DEFAULT JUDGMENT. For the reasons set forth in the attached ruling, plaintiff's motion for default judgment (Doc. #15 ) is granted and it is hereby ORDERED, ADJUDGED, AND DECREED that defendants GAW Miners, LLC and ZenMiner, LLC are jointly and severally liable for disgorgement of $10,078,331 plus $305,768 prejudgment interest. Due to the passage of time since plaintiff's filing of the default motion, plaintiff may file a supplemental motion if it wishes to update the amount that should be paid in prejudgment interest. In addition, defendant GAW Miners, LLC shall pay a civil penalty in the amount of $1,000,000, and defendant ZenMiner, LLC shall pay a civil penalty in the amount of $1,000,000. Plaintiff may also recover post-judgment interest as provided by law. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/29/2017. (Gruber, Sarah) Good for the record I guess. Just no way Homero is going to be able to squirm his way out of his day in court.
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Doing some digging, the sister posted on the deceased son's page: https://www.facebook.com/josiah.garza.90Reads like it was unexpected which would make sense since the last photo of her hospitalized, she looked fine. Maybe some malfunction surgery? Meanwhile where is Uncle Stu?? That side of the case also gone MIA since March now. How do these things just come to a sudden halt like that not even a command from the Judge or court update what is next etc. Just shuts down like that. What's the inside word on that via Shinners? |
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ha! and with that I gain legendary status Do I get a prize for possibly having the least posts ever? Activity: 840 Posts: 858 |
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I think it is the big C there is a picture on Granny's facebook the day before of her hospitalized, sadly looking fine, then some indication thereafter of the dreaded C. Don't feel like bringing those pics here, its around the date indicated in the obit.
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That's a shocker, she was so active on facebook without a hint of anything. Wonder what transpired there. Odd how with the recent mention of Bernie, the same picture is emerging here  Josh Garza (Jessica), of San Antonio, TX, that's 219 miles from Friendswood. That ruse worked well all this time. |
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The best I can find on a simple search is the following: Keys - Connecticut, multiple-millions, Judge Donna F. Martinez ( who Homero will stand before) Note - only one count but bank fraud not wire fraud Connecticut Man Admits $7 Million Bank Fraud Schemehttps://archives.fbi.gov/archives/newhaven/press-releases/2012/connecticut-man-admits-7-million-bank-fraud-schemeDaniel J. Lyons Jr., 54, of Westport, Connecticut, waived his right to indictment and pleaded guilty today before U.S. Magistrate Judge Donna F. Martinez in Hartford, Connecticut to one count of bank fraud related to his defrauding Citizens Bank out of nearly $7 million With outcome as follows (note not Homero's Judge Donna F. Martinez though ) Westport Man Sentenced to 45 Months in Federal Prison for Multi-Million-Dollar Bank Fraud Schemehttps://archives.fbi.gov/archives/newhaven/press-releases/2012/westport-man-sentenced-to-45-months-in-federal-prison-for-multi-million-dollar-bank-fraud-schemeDaniel J. Lyons, Jr., 55, of Westport, was sentenced yesterday by United States District Judge Robert N. Chatigny in Hartford to 45 months of imprisonment, followed by five years of supervised release, for defrauding Citizens Bank out of nearly $7 million. A Gift From Elon ! https://www.timeanddate.com/countdown/generic?p0=98&iso=20170601T00&year=2017&month=6&day=1&hour=0&min=0&sec=0&msg=Homero%20Day&ud=2 |
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We are currently negotiating an agreement with defendant Homero Joshua Garza to enter a plea of guilty to one count of wire fraud. Don't know what to think about that. Reading around this seems the most severe charge all the time in similar cases, with the most severe penalties. Checking I can find only one similar case in Connecticut, which apparently depending on the States, dictates the penalties etc. Kind find his sentence though. Similar scheme and in the millions as well. Even the judge is the same  http://www.nhregister.com/general-news/20161109/connecticut-man-pleads-guilty-in-4-million-securities-fraud-schemeJust seems anti-climactic seeing one simple charge in black and white like that. But it does appear to be the most severe with the most severe repercussions. It's important Homero spend a good amount of time in the hole, let him reminisce about the days of renting huge mansions and throwing chlorine in salt pools and sniffling at the owners pettiness when they submit repair bills of 30,000 dollars. Didn't some obese character die from all of this when it took place, vaguely recall someone put their life savings into it, they were severely medically inclined, the thing collapsed and he died? His family should surely submit their woeful tail to the judge come sentencing. |
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The (good) thing is there are two components to this all, criminal and civil. The SEC if I remember correctly is only civil. Yes, they are more lenient if you plead guilty pay fines and restitution, get barred from activities, do community service etc. There is still the criminal aspect which I think is or was tax evasion money laundering, sanction busting etc. There was always this SEC first case civil aspect which kicked everything off, while we were waiting/hoping for the criminal aspect to follow with the IRS, FBI, DHS and whoever else. That's never been addressed openly other than for sure he broke numerous laws in that sector (criminal). If this plea is real, maybe it includes all the behind scenes that went on or are going on in the criminal aspect of the case. If so, for sure he will receive jail time. If it is only a plea against the civil case of the SEC, then there is a chance they will not jail him, but surely the criminal aspect of the case will then follow. Based on the wording of the leaked info and based on common sense if it can even apply, they bundled up the civil case and the criminal case and he will plead against that combined. Simply because he would not have any resources left to fight a criminal charge after giving up all his ill gotten gains to the SEC.
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Hopefully all of this info is accurate. I'm very interested to see what sentence the Judge will hand down, no doubt the defense will flood him with sob stories; Homero has young children, Homero was abused growing up Homero had no father figure to guide him Homero didn't mean for this to happen.....  however one thing is crystal clear no escape whatsoever. Victim's can come forward offering their stories, SEC says he broke this law and that law etc, one simple concrete evidence or proof that regardless of his sob story defence, he is an out right crook, is the stiffing of the utility company in Mississippi. Plain as day, $350,000 whatever it was, not a care in the world, use the service, pack up and leave them in the lurch. No escaping that, black and white as it comes, zero excuse whether he had a father or not. One thing I can't figure out is if he does have vast sums of money and can settle with the SEC like it has been said; why would the Class Action have not gone after him for those funds? Instead they dropped the case against him, now he will use his secret stash to pay the SEC when it would have been a sure thing against him. Only thing I can think of is he told them in advance he would settle with the SEC and give them all he hast, therefore, drop the case against me because I will have nothing left to give you, let me join your side and we will go after Uncle Stu.... Something is off in this regard I think. Whatever, let us see how it all plays out. At least we don't have to wait a whole 12 more months if this does in fact all come about in the next month or two. All we need now or "soon™" is that inevitable picture of Homero in 'cuffs being led away |
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Well done Homero, well done! First at last for something! https://themerkle.com/top-6-bitcoin-cloud-mining-scams/1. GAWMiners
It is impossible to discuss bitcoin cloud mining scams and not refer to GAWminers. This infamous Ponzi Scheme, operated by Homero Joshua Garza, made investors lose millions of dollars in funds before it was eventually shut down. Although the company seemed legitimate in the beginning, things unraveled once PayCoin got introduced as part of the GAWMiners platform. In the end, Garza fled the country with millions of stolen funds and no one has been able to recover their losses since that time. Moreover, no one knows the whereabouts of Mr Garza as of right now. |
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GAME ON! Securities and Exchange Commission v. Garza et al
Monday, March 27, 2017
ORDER RE SCHEDULING: The parties' Rule 26(f) Planning Report (Doc. #37 ) is hereby APPROVED, as amended. All discovery shall be completed by November 7, 2017. Dispositive motions shall be filed by December 7, 2017, or within 30 days of the close of discovery. All other dates requested in the parties' Rule 26(f) report are also approved. The parties' joint trial memorandum is due by January 5, 2018, or within 30 days of the Court's ruling on dispositive motions, whichever date is later. This case will be ready for trial by February 12, 2018, or within 60 days of the Court's ruling on dispositive motions, whichever date is later. The parties are encouraged to commence discovery forthwith and to arrange their schedules in contemplation of the briefing deadlines for any dispositive motions, because the Court is unlikely to grant a future request for an extension of the scheduling order absent extraordinary and unforeseeable circumstances. If the parties do not anticipate dispositive motions, they are encouraged to contact chambers at the earliest possible time in order to have a trial date set. Please refer to Judge Meyer's webpage on the District of Connecticut website for Judge Meyer's "Pretrial Preferences" and "Trial Preferences" and for Judge Meyer's "Instructions for Discovery Disputes" and "Instructions for Joint Trial Memorandum." A telephonic status conference will be held July 14, 2017 at 5:00 p.m. Plaintiff shall initiate call. Once all parties are on the line, please call chambers at (203) 773-2105. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/27/2017. (Gruber, Sarah) Whole nother year though, who's got the stamina for that.
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[ ECF No. 41] Is Uncle Stu's original: MOTION to Dismiss by Stuart A. Fraser.Responses due by 10/18/2016 (Cave, Sarah) (Entered: 09/27/2016)
[ECF No. 61] Is his motion to dismiss the amended complain: MOTION to Dismiss the First Amended Complaint by Stuart A. Fraser.Responses due by 12/27/2016 (Cave, Sarah) (Entered: 12/06/2016) It is all interesting in that the way it reads the Judge is pissed off. We said it earlier it can go two ways either cut and dry depending on the Judge's mood or demeanor. Accept Uncle Stu's steadfast insistence that the law specifically states that he must have had control full stop. Or the overall whine of the plaintiff's all encompassing long sad story will sway him to their side. That seems to be the case. Then again he could give one to each side. Denied Uncle Stu's original request to dismiss but give him his request to dismiss the amended complaint. Got to be some reason the Judge will address that second one a little later on. All got to say is I feel for anyone in the legal business, so much bullshit back and forth, of course if you are not personally involved and just collect a pay check, what the hell. Got to be a nail biter from start to finish for a defendant or a plaintiff that is for sure. Of course Homero lacks a normal human's amount of brain cells, so none of this affects him other than basking in the glory of being involved in something serious. Elon and the SEC are still waiting in the wings ... Homero |
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Friday, March 24, 2017
RULING AND ORDERS: The Court addresses herein multiple pending motions. First, the Motion to Dismiss [ECF No. 41] is DENIED because it does not address the operative complaint. The Court will consider the Motion to Dismiss [ECF No. 61] the operative complaint in due course. Second, for the reasons set forth in Plaintiffs' memorandum, [ECF No. 68-1], the order granting motion for default entry under Rule 55(a) as to GAW Miners, LLC and Zenminer, LLC [ECF No. 65], including the deadline to file a motion for default judgment by March 1, 2017, is VACATED , and the motion for default entry as to GAW Miners, LLC and Zenminer, LLC with respect to the First Amended Complaint [ECF No. 68] is GRANTED . The request for extension of time in [ECF No. 68] is DENIED as moot. The motion to certify class and motion for default judgment [ECF No. 69] are DENIED without prejudice to renewal. Any renewed motion for default judgment and/or to certify class with respect to the defaulting defendants shall address not only whether the Court's ruling on such motions before ruling on the motion to dismiss would violate the stay provision of the PSLRA, 15 U.S.C. § 78u-4(b)(3), including any applicable precedents within the Second Circuit, but also (a) whether entering a default judgment as to some defendants before the case is concluded as to all defendants would, under the circumstances of this case, violate the principles set forth in Frow v. De La Vega , 82 U.S. 552, 554 (1872) or otherwise risk the possibility of inconsistent judgments, see Nautilus Ins. Co. v. Watson , 2012 WL 4097731 (D. Conn. Sept. 10, 2012), and (b) whether it would serve the interest of judicial economy to entertain class certification proceedings with respect to the defaulting defendants and then, should the court deny some or all of the motion to dismiss by Defendant Fraser, potentially do so again with respect to him. The Court notes that a brief review of the amended complaint suggests that it sets forth separate claims for relief against Mr. Fraser and the defaulting defendants, but that some of the issues in those claims may overlap (e.g., falsity of statements). Especially in light of the concerns raised by Frow , the Plaintiffs are not required to renew these motions promptly and may, if they choose, wait to do so until after the Court rules on the pending motion to dismiss (which would obviate the need to address the stay issue) and/or after the Court enters any judgment with respect to Defendant Fraser. Signed by Judge Michael P. Shea on 3/24/2017. (Howard, H.)
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Thought we were dead there for a moment Tuesday, March 21, 2017
RESPONSE re69 MOTION to Certify Class (a default judgment class for the purposes of obtaining a default judgment) MOTION for Default Judgment as to GAW Miners, LLC and ZenMiner, LLC filed by Stuart A. Fraser.(Cave, Sarah)
Exhibit A - Revised Proposed Order I can't quite make out what it is, it reads like Uncle Stu is responding to the very last plaintiff submission which was against Gaw and Zen only. Very unclear, maybe the doc "revised proposed order" explains it somehow, just don't see the tie-in with Uncle Stu when it was against the no responses from Gaw and Zen. |
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