CA CA - John Beck, 73, Alameda, 9 Feb 2016 #1

[AmandaSkis]

Actually that memo is from a hearing on Feb 9, 2015, not 2016.

 

[cujenn81]

Actually that memo is from a hearing on Feb 9, 2015, not 2016.

Hot dang! I fell into a trap that we've even discussed on this thread already. Good grief! My apologies ... & that's my cue it's time for bed---eastcoaster, here.

ETA: in my defense, the document does say it was filed March 3, 2016.

 

[Lilibet]

This is an excellent find, cujenn. I'll add my take on the significance of this memorandum filed 3/3/16. I think you have some of this right and some wrong. It is confusing!

The hearing before the Ninth Circuit Court of Appeals was exactly one year before John disappeared...2/9/15 in Pasadena. The Appeals Court was hearing an appeal concerning the amount the District Court had imposed on John previously...$113,374,305. That was the video posted earlier on this thread.

This memorandum of 3/3/16 from the Court of Appeals affirms the decision of the District Court. They let it stand. His next option would be the US Supreme Court, if he even wanted to carry it that far.

John may or may not have known about this decision before he disappeared. The decision could have been conveyed to him privately by his attorney. It says the memorandum was filed 3/3/16, but the decision may have been reached earlier. I don't know. But if John had heard about it, I think his disappearance, sadly, was suicide. Unfortunately, that doesn't save his house. It changes nothing except leaving his family without him. Just tragic.

I just came across this memorandum about the hearing that was held on February 9th (the day John disappeared).

I'm not a lawyer but it doesn't look like this was a routine meeting to me (...although, John certainly may have told his family that). Sadly, it looks like the FTC argued their case to the judge that day, in response to his appeal.

I just don't know what to think about this new information and it makes me sad.

I don't think the judge has ruled on the appeal yet... but those were the opposing arguments made by the FTC to the court on the day he went missing. (If I'm interpreting the document correctly---and I very well might not be because legal jargon baffles me---Ha!)

ETA: OR maybe I'm wrong and the judge did "affirm" the original decision. I just looked up this definition:

MEMORANDUM
n. 1) a brief writing, note, summary or outline. 2) A "memorandum of decision," or "memorandum opinion" are brief statements by a judge announcing his/her ruling without detail or giving extensive reasons, which may or may not be followed by a more comprehensive written decision. Such memoranda (plural) are issued by appeals courts in language such as: "The petition of appellant is denied for the reasons stated in Albini v. Younger," or "The decision below is affirmed."


So, maybe the original decision has been upheld, but a written and formal ruling hasn't been issued yet.

OR maybe this is just saying they found no material basis for an appeal to even be considered?

 

[Lilibet]

Dear Lilibet, after I read my post I thought I sounded harsh. I am sorry. I was only trying to envision him somewhere alive and well, and this was the angle that I came up with. I'm such a dope sometimes. I have seen your incredible empathy on this and other threads. I didn't mean to distress all of you that have been touched by John and his family. Your compassion humbles me. Thank you.

Sent from my XT1254 using Tapatalk

Dear ninij, please don't apologize! I'm sorry if I said anything that made you feel you needed to do that. John's disappearance has been so complicated for me (and perhaps many of us) because of his court case. If you go back and read my first post after we found out about it, I was right where you are, envisioning him possibly alive and well somewhere with hidden money, even escaping on a private plane! I felt these were all possibilities we needed to consider. I would prefer that to suicide, but either way is terrible for his family.

I have found myself feeling very conflicted on this thread, as I really abhor the type of activity in which John was just affirmed by the Court of Appeals to have been involved. I've honestly had to struggle to just shut that out and focus on his family, friends and John the father and grandfather. For them I have empathy. And I know you do too, as we all do. We just wish for John to be found and be safe.

But I can certainly feel pretty crotchety too!

 

[SCHMAE]

Were any of the others involved in the trial enemies of John's ? I wonder if he were in a position to expose someone and/or cast the blame on another person. I read either in an article or one of Joy's posts a reference to co defendant's ( am i phrasing that right ? ) If John says he's innocent but defendant X or Y is the actual crook, then could defendant X or Y want to get at him ? Did he actually testify against one of the others or was he planning to soon? Just speculating if someone else from the same trial may want to silence or disappear him.

 

[Lilibet]

Were any of the others involved in the trial enemies of John's ? I wonder if he were in a position to expose someone and/or cast the blame on another person. I read either in an article or one of Joy's posts a reference to co defendant's ( am i phrasing that right ? ) If John says he's innocent but defendant X or Y is the actual crook, then could defendant X or Y want to get at him ? Did he actually testify against one of the others or was he planning to soon? Just speculating if someone else from the same trial may want to silence or disappear him.

BBM

I think the court case with everyone involved is a done deal by now. A year ago it was just his attorney appearing before the Court of Appeals, arguing to separate John from the others so that he wouldn't owe $113million plus. So any testimony would have been at the District Court level or possibly below some years ago.

The fact that John searched the route to the exact location he was last seen tells me that he disappeared on his own. JMO

You raise some some interesting points though. I would like to know what has happened to the other defendants in the original case.

 

[cujenn81]

This is an excellent find, cujenn. I'll add my take on the significance of this memorandum filed 3/3/16. I think you have some of this right and some wrong. It is confusing!

The hearing before the Ninth Circuit Court of Appeals was exactly one year before John disappeared...2/9/15 in Pasadena. The Appeals Court was hearing an appeal concerning the amount the District Court had imposed on John previously...$113,374,305. That was the video posted earlier on this thread.

This memorandum of 3/3/16 from the Court of Appeals affirms the decision of the District Court. They let it stand. His next option would be the US Supreme Court, if he even wanted to carry it that far.

John may or may not have known about this decision before he disappeared. The decision could have been conveyed to him privately by his attorney. It says the memorandum was filed 3/3/16, but the decision may have been reached earlier. I don't know. But if John had heard about it, I think his disappearance, sadly, was suicide. Unfortunately, that doesn't save his house. It changes nothing except leaving his family without him. Just tragic.

Thanks for clearing that up for me because I was utterly confused last night... But your explanation makes perfect sense.

 

[cujenn81]

I have found myself feeling very conflicted on this thread, as I really abhor the type of activity in which John was just affirmed by the Court of Appeals to have been involved. I've honestly had to struggle to just shut that out and focus on his family, friends and John the father and grandfather. For them I have empathy. And I know you do too, as we all do. We just wish for John to be found and be safe.

SBM (for relevance)

I researched John's business last night (for really the first time, in great detail) and read complaints filed by his customers back in 2009 on sites like Ripoff Report. There were even a few negative reviews posted about a book he sold on Amazon. His customers spoke about how they lost thousands of dollars and about how they felt foolish and devastated that they were duped. Some talked about how they requested a refund but were given the run around---the resolution manager was always out of the office and never received a call back like they were promised. Instead, a senior sales manager would call them and convince them to buy additional products that would help them succeed. The descriptions really sounded a lot like that movie The Boiler Room.

After reading the complaints, I started to feel really conflicted about this case too. I strongly believe that scamming someone out of their hard-earned money, by making unfulfillable promises and false claims or by using manipulative tactics to gain their trust, is about the worst thing a human being can do. Every time I watch an episode of American Greed, I am so disgusted. (Actually, now that I think about it... there was one episode where a man who owed millions of dollars in restitution disappeared---I think he faked his own death though---and was found years later in another country somewhere in South America.)

I do feel empathy and compassion for his family. It's clear how much they love John and how scared and worried they are about him. And, they didn't ask for this. They didn't make the poor decisions that led to his legal troubles, but they'll inevitably be forced to deal with them later anyway. I certainly don't think he deserves to die and sincerely hope he's still alive.

BUT, it is hard for me to feel sympathy for the man. He does deserve to face the music and the consequence of his mistakes. It's definitely a tough case to sort through, emotionally.

One thing I kept wondering while reading about his legal case last night was... how on earth did he get involved with the two men (Gary Hewitt and Douglas Gravink, the owners of Family Products, LLC) who controlled the entire enterprise??

 

[AmandaSkis]

One thing I kept wondering while reading about his legal case last night was... how on earth did he get involved with the two men (Gary Hewitt and Douglas Gravink, the owners of Family Products, LLC) who controlled the entire enterprise??

I think you and I are riding the same train of thought here. I spent some time last night trying to learn what I could about all the players in this case. I'm curious as to how the others plan to pay back their share of the FTC judgement.

 

[Lilibet]

I think you and I are riding the same train of thought here. I spent some time last night trying to learn what I could about all the players in this case. I'm curious as to how the others plan to pay back their share of the FTC judgement.

BBM

I think I hopped back on the same train...wreck. :trainwreck:

To answer cujenn, I haven't figured out how Beck met up with Hewitt and Gravink yet, but my mother taught me that you are known by the company you keep. Beck has been keeping very poor company IMO.

Gravink apparently has had no intention of paying anything and has allegedly hidden money in Switzerland and distributed money to close family members, including children, if I understand this very recent (1/12/16) court document correctly. He has been doing this since he first realized the FTC was looking at his business in early 2008!!!

Pages 4-5 lay it out clearly, but the whole document is interesting. He FINALLY, last November, delivered a box of documents to the government Trustee, who then discovered the transfers to Switzerland, etc. It appears that he had perjured himself about this in 2013.

https://www.unitedstatescourts.org/federal/cacb/1733313/1-0.html

 

[Timekeeper65]

Well, I missed posting before midnight. Still here...waiting for ANY news. Been trying to show support and light the candle every day. Really sorry for what the JB family and friends are going through.

:candle:

 

[cujenn81]

BBM

I think I hopped back on the same train...wreck. :trainwreck:

To answer cujenn, I haven't figured out how Beck met up with Hewitt and Gravink yet, but my mother taught me that you are known by the company you keep. Beck has been keeping very poor company IMO.

Gravink apparently has had no intention of paying anything and has allegedly hidden money in Switzerland and distributed money to close family members, including children, if I understand this very recent (1/12/16) court document correctly. He has been doing this since he first realized the FTC was looking at his business in early 2008!!!

Pages 4-5 lay it out clearly, but the whole document is interesting. He FINALLY, last November, delivered a box of documents to the government Trustee, who then discovered the transfers to Switzerland, etc. It appears that he had perjured himself about this in 2013.

https://www.unitedstatescourts.org/federal/cacb/1733313/1-0.html

Holy moly.

Yes! Just as your mother always told you that you're known by the company you keep, the #1 thing my father (a junior high guidance counselor) told me over and over again as a teen was... "When you lie down with dogs, you get up with their fleas." It annoyed me to no end at the time because I thought he was just being an overprotective and paranoid parent, but I've come to understand how true that statement can be. It's a proven and inescapable fact that the people we choose to surround ourselves with influence our behavior to a great extent. We begin to talk alike, and think alike, and act alike over time. It's an unconscious phenomenon that played a huge role in our evolution... because it's how we learned to predict behavior, and by doing so, we are able to recognize when behavior deviates from the norm (which serves as a warning of a possible threat) and we can act accordingly to protect ourselves.

I know that I totally just went way far out there with that explanation... but it does make me wonder how close John was to these individuals. Were they just two businessmen who also swindled him, in a way? Was the relationship strictly business or were they old friends and decided to partner up? Because if they're old friends (or even if they didn't know each other prior to the partnership but remained close after the fallout), I'd guess that he probably chose to disappear and leave his family in order to escape his legal troubles, and he could easily be out of the country by now... with the help of some old/new friends and a Swiss bank account.

 

[Lilibet]

Well, I missed posting before midnight. Still here...waiting for ANY news. Been trying to show support and light the candle every day. Really sorry for what the JB family and friends are going through.

:candle:

You slid in before midnight on my coast. Yes, John's family has to be going through horrible times and needs support. I certainly do feel for them. I really hope there will be some news soon. The more I learn, the less optimistic I am though.

 

[Timekeeper65]

Although I have nothing more to add, I am still here.

:candle:

 

[Lilibet]

The bankruptcy hearing JB missed Feb. 9 has been rescheduled for Tuesday March 8. A certified letter was sent to him 2/13. This article contains a lot of details about what has been going on.

Originally he filed for chapter 11 bankruptcy in Sept. 2012 just after the August 2012 judgement against him for $113 million.

Court papers show that just before he filed for Chapter 11 protection Beck sold real estate — vacant land —and pocketed $660,000. In her argument to force Beck into Chapter 7 bankruptcy, Matthews told the court that Beck owned his two homes in Alameda, his residence on Regent Street and a rental property on Bay Farm’s Oleander Street.
Before filing bankruptcy, Beck liquidated a number of vacant lots he owned, reaping $660,000. Beck owned 41 more vacant lots that are “worth little or nothing,” according to Matthews’ motion. Winegarner wrote that just before filing for Chapter 11, Beck “sold a property to his daughter for $300,000, paid $10,000 on his mortgage, paid $30,000 to his attorneys and added to his $1.3 million pension before filing for Chapter 11.”

The court determined that Chapter 11 was not appropriate and was just for delaying, so Beck filed for Chapter 7 in November 2015. Motions for Chapter 7 will go forward despite Beck's absence.

http://alamedasun.com/news/john-beck-still-missing-his-case-unfolds

 

[Lilibet]

A little more from the source quoted in the article above about the Chapter 11 filing.

Matthews also argued that Beck had filed for Chapter 11 in bad faith, pointing to the fact that Beck has submitted no plans for reorganization — a requirement of the bankruptcy filing. She also pointed out that he sold a property to his daughter for $300,000, paid $10,000 on his mortgage, paid $30,000 to his attorneys and added to his $1.3 million pension before filing for Chapter 11.

“Debtors are allowed to engage in some prebankruptcy planning, but this type of manipulation of their debt which basically leaves one creditor out in the cold certainly is an indication of bad faith,” Matthews said.

http://www.law360.com/articles/394238/trustee-wants-telemarketer-s-bankruptcy-bumped-to-ch-7

 

[cujenn81]

A little more from the source quoted in the article above about the Chapter 11 filing.

Matthews also argued that Beck had filed for Chapter 11 in bad faith, pointing to the fact that Beck has submitted no plans for reorganization — a requirement of the bankruptcy filing. She also pointed out that he sold a property to his daughter for $300,000, paid $10,000 on his mortgage, paid $30,000 to his attorneys and added to his $1.3 million pension before filing for Chapter 11.

“Debtors are allowed to engage in some prebankruptcy planning, but this type of manipulation of their debt which basically leaves one creditor out in the cold certainly is an indication of bad faith,” Matthews said.

http://www.law360.com/articles/394238/trustee-wants-telemarketer-s-bankruptcy-bumped-to-ch-7

The fact that he was obviously still making financial decisions in bad faith, despite already being ordered a judgment of $113 million, NOT GOOD. Not good at all...

 

[Lilibet]

Doing some math...transactions before Chapter 11 in Sept 2012...

660,000 property sold, money pocketed
300,000 property sold to daughter
Total $960,000

Less $40,000
10,000 paid on mortgage
30,000 paid to attorney

Total $920,000 minus unknown amount added to his 1.3 million pension

Where did this money go? I seriously doubt he added the whole amount to his pension. Can the government touch his pension?

http://alamedasun.com/news/john-beck-still-missing-his-case-unfolds

 

[Tr.]

Doing some math...transactions before Chapter 11 in Sept 2012...

660,000 property sold, money pocketed
300,000 property sold to daughter
Total $960,000

Less $40,000
10,000 paid on mortgage
30,000 paid to attorney

Total $920,000 minus unknown amount added to his 1.3 million pension

Where did this money go? I seriously doubt he added the whole amount to his pension. Can the government touch his pension?

http://alamedasun.com/news/john-beck-still-missing-his-case-unfolds

Wow..with a capital W..i didn't know john had that kinda money...he's probably resetting on the beach...where i should be..lol:laughing:

 

[Lilibet]

The fact that he was obviously still making financial decisions in bad faith, despite already being ordered a judgment of $113 million, NOT GOOD. Not good at all...

No it's not good. Although I understand that the family and friends have a different take on this, we only have what we read. There is no verified insider on this thread, let alone one who truly knows all the details. Yes, the government can say whatever it wants and the Becks have to keep quiet. I understand all that. But looking at just the little we know about this case involving John and the people he did business with...not good at all.

I hope that, if John is able, he will come home so that his wife does not have to face what is happening by herself. He has lost his appeal. The liquidation that was set up last August to take place when the appeal was decided will happen. The family home and rental will be sold. She will have to pack up many years of their marriage all by herself and live elsewhere without him. I can't begin to imagine her pain.

http://www.robbevans.com/assets/case-files/johnbeckorder01.pdf