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Old 10-12-2021, 08:57 AM   #1
Gumbo Man
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Default Federal Prison

So I’d like to hear from the brain trust here on the procedures on Federal Prison sentencing. There is a very well known POS here in Livingston that was indicted on insurance fraud to the tune of 1.8 million dollars. He struck a deal in feral court and plead guilty to most charges. The sentencing was 90 days after his court hearing and 2 weeks ago the Judge sentenced him to 2 years in the pen as per news report. Now 2 weeks later after the judge banged the gavel he still drives by my house every morning going to his place of business which happens to be next door to mine. Why is he still in the free world? Does a federal sentence allow you to just report to prison when it is convenient to you?
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Old 10-12-2021, 08:59 AM   #2
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Sounds like a nark getting special treatment. Go ahead and shank him please.
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Old 10-12-2021, 09:00 AM   #3
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Obviously the judge got a portion of that 1.8mill
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Old 10-12-2021, 09:01 AM   #4
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I know of a guy that got sentenced a couple years for 2 mil + embezzlement . He didn’t spend more than I think 6 months.
I don’t get it. Apparently crime does pay
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Old 10-12-2021, 09:06 AM   #5
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Quote:
Originally Posted by Gumbo Man View Post
So I’d like to hear from the brain trust here on the procedures on Federal Prison sentencing. There is a very well known POS here in Livingston that was indicted on insurance fraud to the tune of 1.8 million dollars. He struck a deal in feral court and plead guilty to most charges. The sentencing was 90 days after his court hearing and 2 weeks ago the Judge sentenced him to 2 years in the pen as per news report. Now 2 weeks later after the judge banged the gavel he still drives by my house every morning going to his place of business which happens to be next door to mine. Why is he still in the free world? Does a federal sentence allow you to just report to prison when it is convenient to you?
So post sentencing, which he is, the Federal Bureau of Prisons will designate him to a BOP facility. BOP will notify him and the United States Pre-Trial Officer that he is assigned to. With that notification there will be a date to report to the facility he has been designated to. He does have have credit for any time he spent in Federal custody on these charges already.
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Old 10-12-2021, 09:06 AM   #6
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It's always well known, if you're going to commit a crime, GO FEDERAL.
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Old 10-12-2021, 09:10 AM   #7
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Insurance fraud? All insurance is fraud.
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Old 10-12-2021, 09:12 AM   #8
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Originally Posted by cbrown View Post
So post sentencing, which he is, the Federal Bureau of Prisons will designate him to a BOP facility. BOP will notify him and the United States Pre-Trial Officer that he is assigned to. With that notification there will be a date to report to the facility he has been designated to. He does have have credit for any time he spent in Federal custody on these charges already.
Wow. Sounds like he could be walking free for some time if waiting on Federal paper pushers. He still has several building projects going on as we speak like nothing has happened at all. He was ordered to pay back the 1.8 million as well. The judge probably set him up on a payment plan of 20 dollars a month . SMDH
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Old 10-12-2021, 09:12 AM   #9
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Not sure but some perps of none violent crimes will get some time before they”report “ to prison. Not sure how that works but all his info should be public. You might be able to find it online by finding the court and judge that sentenced him.
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Old 10-12-2021, 09:43 AM   #10
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He is not a flight risk nor a danger to the community. BOP allotments /space usually attempt to get inmates a space in their home region when possible. Also, there mat be some appeal process taking place....after the fact of pleading guilty. There is always some interesting twist in white collar sentencing.

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Old 10-12-2021, 09:57 AM   #11
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I’m not a criminologist, legal authority, or formally trained person in any portion of the justice system….but I have watched a lot of YouTube videos. In some cases the convicted person has to report to prison by a certain date. That can be negotiated by the person’s legal representation (formally trained, of course) during the hearing.
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Old 10-12-2021, 10:09 AM   #12
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I know one thing - full conviction, there is no parole. He may have gotten probation with credit for time served prior to trial.
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Old 10-12-2021, 10:11 AM   #13
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Originally Posted by M16 View Post
Insurance fraud? All insurance is fraud.
this is the absolute truth
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Old 10-12-2021, 10:19 AM   #14
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Originally Posted by Gumbo Man View Post
So I’d like to hear from the brain trust here on the procedures on Federal Prison sentencing. There is a very well known POS here in Livingston that was indicted on insurance fraud to the tune of 1.8 million dollars. He struck a deal in feral court and plead guilty to most charges. The sentencing was 90 days after his court hearing and 2 weeks ago the Judge sentenced him to 2 years in the pen as per news report. Now 2 weeks later after the judge banged the gavel he still drives by my house every morning going to his place of business which happens to be next door to mine. Why is he still in the free world? Does a federal sentence allow you to just report to prison when it is convenient to you?
Turned States evidence. I know who you are taking about and he is the reason I cant get a quick burger and onion rings for lunch while killing the white bass
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Old 10-12-2021, 10:36 AM   #15
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Originally Posted by M16 View Post
Insurance fraud? All insurance is fraud.
This is the best response.
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Old 10-12-2021, 12:59 PM   #16
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Originally Posted by Gumbo Man View Post
Wow. Sounds like he could be walking free for some time if waiting on Federal paper pushers. He still has several building projects going on as we speak like nothing has happened at all. He was ordered to pay back the 1.8 million as well. The judge probably set him up on a payment plan of 20 dollars a month . SMDH
That is correct. Once he gets out of prison he will have a term of Federal Supervised Release and be assigned to a U.S. Probation Officer. The Probation Officer and the District Clerk's Office will see what his "ability" to pay is and he will have to make those payments monthly. Obviously there are lots of ways around that, especially for a guy who is not opposed to fraud.
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Old 10-12-2021, 01:18 PM   #17
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Self-surrender is very common in the federal system on non-violent, white collar crime.

Financial crimes prosecuted in the federal system often receive a much lower sentence than if the crimes were prosecuted by the state.

LWD
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Old 10-12-2021, 01:24 PM   #18
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Originally Posted by OldRiverRat View Post
this is the absolute truth
Yup just ask any roofer.

Such a joke, you can't land a roof in Texas with out ' covering the deductible'
There are legal way's around it but the whole thing is a joke
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Old 10-12-2021, 01:33 PM   #19
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Quote:
Originally Posted by JonBoy View Post
This is the best response.


Quote:
Originally Posted by OldRiverRat View Post
this is the absolute truth


Quote:
Originally Posted by M16 View Post
Insurance fraud? All insurance is fraud.


Playing devil’s advocate here. If it’s a fraud do you have it and if so, why?


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Old 10-12-2021, 01:40 PM   #20
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Quote:
Originally Posted by Mike D View Post
Playing devil’s advocate here. If it’s a fraud do you have it and if so, why?


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I have it because it’s required
I’d rather self insure


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Old 10-12-2021, 01:44 PM   #21
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Minimum security and work release with conjugal privileges. Probably get to play golf one day a week too.
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Old 10-12-2021, 01:49 PM   #22
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So was he the old guy or one of the other 2 that were charged.
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Old 10-12-2021, 01:51 PM   #23
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Did this happen to be the guy that had the waterfront restaurant on the east side of the lake? I remember hearing it burned down a little while after we had been over there. I had read it looked like arson but forgot about the story.
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Old 10-12-2021, 01:53 PM   #24
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The federal sentencing guidelines set forth the time someone is sentenced based on a complicated set of criminal history, crime (in this case dollar amount) position in the organization, acceptance of responsibility and a multiple other issues that determine the sentence.

The Pre-Sentence Investigation (PSI) report goes to the Judge who typically adheres to the recommendation. Unfortunately, judges are no longer required to follow the PSI, but generally most do.

The defense, prosecutor and judge all work together to accept a plea deal which outlines sentencing exposure. White collar crime and marijuana trafficking are the best ways to minimize sentencing exposure federally. $1.8 mil is on the low end for the sentencing guidelines. For example, a doctor in NW Arkansas pled to $12 mil fraud of medicare, he did 5.5 years of a 8 year sentence.

Congress is who determines sentencing guidelines and typically it's not an issue that is re-visited often.

It is rare for a federal defendant to be remanded immediately after sentencing. Typically, the govt has to show risk of flight and some associated factors.

Lots of pros and cons for taking someone fed v state. Fed time is roughly 80% time served, depending on the state it can range from 20% to 60-70%. A lot of jokes about Club Fed, but serve 10 years or more in a federal penitentiary and it's not a cake walk. Serve time in a fed "camp" or most state camps and its a 6 to 18 month vacation of sorts.

Texas is in the middle of time served, depends on crime, criminal history etc. The better informed LE is about sentencing and exposure can dramatically impact how a case is investigated, presented and ultimately adjudicated. Unless you have multiple defendants in a complicated conspiracy, I personally always took the state route for fraud due to the probability of increased sentencing.
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Old 10-12-2021, 03:01 PM   #25
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Only a 2 year inconvenience penalty at an opportunity to be a multi millionaire? No wonder so many people take the challenge.
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Old 10-12-2021, 03:23 PM   #26
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Quote:
Originally Posted by Man View Post
Only a 2 year inconvenience penalty at an opportunity to be a multi millionaire? No wonder so many people take the challenge.
Yeah I know a guy that was price gouging the US department of defense on helicopter navigation parts, traded 3 years in club fed
For about 50-250 million, seems like he rolled the dice and won
And his family still owns the company and does business with the DOD

Last edited by S-3 Ranch; 10-12-2021 at 03:28 PM.
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Old 10-12-2021, 03:37 PM   #27
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Quote:
Originally Posted by Mike D View Post
Playing devil’s advocate here. If it’s a fraud do you have it and if so, why?


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Because as far as I know insurance is the only product/good that's required by law that citizens must purchase. That applies to health insurance and car insurance (if you want to legally drive).
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Old 10-12-2021, 03:39 PM   #28
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Sentencing and trial are many times on different days. He will be guilty today. Sentenced a couple weeks later. Have a day to report to serve his time later. If your not a flight risk you will be out for all of this till you report. Been a to a federal trial or two in my day.
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Old 10-12-2021, 03:40 PM   #29
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It’s not uncommon for federal sentencies to be called to report up to a year later amd will typically need to serve 75% of the sentence. I could be wrong but it was like that years ago when a family member went in.
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Old 10-12-2021, 04:01 PM   #30
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Probably because he is in his mid 70s and if they wait long enough they wont have to cover his medical bills while in there.
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Old 10-12-2021, 06:58 PM   #31
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Originally Posted by Tmag View Post
So was he the old guy or one of the other 2 that were charged.
The old one.
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Old 10-12-2021, 07:00 PM   #32
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Originally Posted by Tmag View Post
So was he the old guy or one of the other 2 that were charged.
The old one. The younger one overdosed as soon as he got out of jail. How convenient.
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Old 10-12-2021, 07:03 PM   #33
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Originally Posted by Ætheling View Post
Turned States evidence. I know who you are taking about and he is the reason I cant get a quick burger and onion rings for lunch while killing the white bass
No States evidence to my knowledge. The one that was turning states evidence overdosed as soon as he got out of jail. Convenient. And I had been asked a favor from the Arson Investigator and D.A prior to sentencing. What I can’t reveal.

Last edited by Gumbo Man; 10-12-2021 at 07:11 PM.
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Old 10-12-2021, 07:04 PM   #34
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Originally Posted by Browning270 View Post
Did this happen to be the guy that had the waterfront restaurant on the east side of the lake? I remember hearing it burned down a little while after we had been over there. I had read it looked like arson but forgot about the story.
Yes.
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Old 10-12-2021, 07:28 PM   #35
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Quote:
Originally Posted by OldRiverRat View Post
I have it because it’s required
I’d rather self insure


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Doesn’t the law say “proof of financial responsibility”?

I may be wrong.


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Old 10-12-2021, 07:30 PM   #36
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Because as far as I know insurance is the only product/good that's required by law that citizens must purchase. That applies to health insurance and car insurance (if you want to legally drive).

See my response above.


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Old 10-12-2021, 07:31 PM   #37
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Quote:
Originally Posted by Browning270 View Post
Did this happen to be the guy that had the waterfront restaurant on the east side of the lake? I remember hearing it burned down a little while after we had been over there. I had read it looked like arson but forgot about the story.
http://www.polkcountytoday.com/darelease071320.html

This doesn’t reveal the outcome
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Old 10-12-2021, 08:24 PM   #38
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Originally Posted by S-3 Ranch View Post
http://www.polkcountytoday.com/darelease071320.html

This doesn’t reveal the outcome
Polk county today top headlines 2 weeks ago.
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Old 10-12-2021, 08:31 PM   #39
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Quote:
Originally Posted by Mike D View Post
See my response above.


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If you can financially swing it sure

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Old 10-12-2021, 09:29 PM   #40
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Quote:
Originally Posted by Gumbo Man View Post
No States evidence to my knowledge. The one that was turning states evidence overdosed as soon as he got out of jail. Convenient. And I had been asked a favor from the Arson Investigator and D.A prior to sentencing. What I can’t reveal.

Are you sure these aren’t the same guys that burned your place? Wouldn’t surprise me that they’d try to take out the competition. Weird ducks. I met them several times.


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Old 10-12-2021, 09:55 PM   #41
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It is just not right! Rules are different depending on the bank roll.
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Old 10-12-2021, 10:18 PM   #42
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It is just not right! Rules are different depending on the bank roll.
Believe me there was a lot of discussion about that with investigators. The guy that came up dead sang like a canary stating he was paid to hire a guy to burn that place down for 250,000. I always thought that if he would offer that to burn his own place down its not beyond reason that he would do the same to me.
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Old 10-12-2021, 10:38 PM   #43
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It is just not right! Rules are different depending on the bank roll.
I could be wrong but i think Harris county has actively been testing this theory the past couple years in some form or fashion.
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Old 10-13-2021, 07:59 AM   #44
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Originally Posted by curtintex View Post
Are you sure these aren’t the same guys that burned your place? Wouldn’t surprise me that they’d try to take out the competition. Weird ducks. I met them several times.


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You betcha!! Always thought the same. I’ve always been on record, even with the investigators that my fire was arson.
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Old 10-13-2021, 08:14 AM   #45
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snitches get stitches
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Old 10-13-2021, 08:30 AM   #46
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Originally Posted by muzzlebrake View Post
Minimum security and work release with conjugal privileges. Probably get to play golf one day a week too.
, the Prison in Seagoville, outside of Dallas is a Country Club , they have a Driving range, give golf lessons as well as nice Ball fields (we used to go in and play Softball against them)
they have a band playing it looks like a dang festival when every we would go in, I am sure yes its still a prison... but they ain't suffering from what was seen
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Old 10-13-2021, 09:37 PM   #47
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That had to be the most cut and dry case of Arson ever. We were in there a few days before the fire. They were out of multiple things we tried to order and were carrying decoration pieces out. We just assumed they were getting ready to close down.


Also when they first opened the owner showed some properties to us and our friends that were looking to buy in the area. One place was a big new construction on a great water view lot. Conveniently the old place he had bought there to flip had burned down as well. I’m sure that was an insurance job as well to cash in then be able to sell a bigger house on the lot.
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Old 10-13-2021, 09:43 PM   #48
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Originally Posted by AgHntr10 View Post
That had to be the most cut and dry case of Arson ever. We were in there a few days before the fire. They were out of multiple things we tried to order and were carrying decoration pieces out. We just assumed they were getting ready to close down.


Also when they first opened the owner showed some properties to us and our friends that were looking to buy in the area. One place was a big new construction on a great water view lot. Conveniently the old place he had bought there to flip had burned down as well. I’m sure that was an insurance job as well to cash in then be able to sell a bigger house on the lot.
Sounds like you got a good view of who he really is. A genuine POS. There was a lot of neighbors that gave testimony to Arson investigators claiming that he was overheard numerous times saying that he would burn it down if he couldn’t sell it cause it was losing so much money.

Last edited by Gumbo Man; 10-13-2021 at 09:57 PM.
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Old 10-13-2021, 10:07 PM   #49
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A friend of ours got popped for child **** on his computer. He was arrested and released on bond. He wasn’t a flight risk. He was tried and convicted. I don’t remember if he was taken into custody immediately but he was sentenced to three years. And he did his full sentence.
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Old 10-13-2021, 10:12 PM   #50
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Hunt In: concho co. tx
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He'll do 2 yrs,eventually..Walk in the park compared to most..I never understood why guys robbed liquor stores..The federal crimes get time to sort out affairs.
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