The FBI & IRS fabricated evidence and Judge Seibel knowingly imprisoned innocent citizens

The FBI & IRS fabricated evidence and Judge Seibel knowingly imprisoned innocent citizens

Started
May 20, 2023
Signatures: 1,283Next Goal: 1,500
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Why this petition matters

Started by Saaed Moslem

BACKGROUND:

https://hudsonvalley.news12.com/orange-county-family-alleges-fbi-entrapment-in-1m-fraud-case?fbclid=IwAR3C7htlSv6tgU5hkvzAZDlPFOvXr20AeFDOPDcag_o3g8d-IHiS9pHqM5s

The former Exclusive Motor Sports, based out of Central Valley, New York was a small family-owned car dealership and repair shop in business for 15 years.  It was run by a hard-working immigrant father, Mehdi, and his son, Saaed Moslem. From the outside the business seemed quite lucrative due to their professional and friendly customer service and their high end offering of previously owned vehicles. In reality, the business was not profitable, the Moslems were selling their real estate assets and borrowing money in order to keep the doors open to Exclusive (knowing that a multi million dollar business will take time to build and develop), meanwhile, they had a Certified Public Accountant,  by the name of Stephan Strauhs. Unbeknownst to the Moslems, Strauhs was a cooperating witness for the government for over 10 years…

Shortly after the Moslem’s fired Strauhs, their C.P.A.,  the  FBI raided the Moslem’s residences, NOT the dealership. Over time, they’ve learned there was a ten year long FBI and IRS investigation into their family-owned small business and the ONLY key cooperating witness that alleged the crimes was their own certified public accountant that was working as a government informant the entire time. Strauhs was cooperating with the FBI in order to get a reduced sentence for previous crimes. (Which Judge Cathy Seibel sentenced Stephan Strauhs to no prison time, no supervised release, and a 110k fine THATS IT, in April 2023) Judge Seibel knowingly catered to a lying, cheating accountant, that was making up lies by "the direction of the FBI... "


As the Moslems claimed their innocence from day one, they kept advising their attorneys that they were losing money, and Strauhs claims that the Moslems had made substantial profits, and had conspired to defraud the IRS and banks were completely false and fabricated.

From the plea deal, to trial, and ultimately sentencing, the government changed their loss amounts three times.  The Moslems can clearly show the company was not profitable like the government claimed it was. The Moslems sentences were based upon bank fraud loss, and tax fraud loss. But because the numbers were utterly inflated by the prosecutors, this consequently led to the Moslems disproportionate, and unjust sentencing.


STORY:

From day one, the Moslems were telling Richard Willstatter and Ben Ostrer (first attorneys hired) that Exclusive Motor Sports was losing money, and that the government charges and indictment were false. 

They hired Preston Faro, a forensic accountant that accounted for 3 years of a 6 year loss the government was claiming. After that investigation (which took over a year) and multiple meetings with the prosecutors and defense counsel, they concluded all the figures provided by Stephen Strauhs C.P.A ( the only chief cooperating witness for the government) were totally inaccurate , and that Strauhs had completely fabricated the numbers with the governments cooperation which was not only allowing, but persuading! The true actual figures showed that the Moslems were telling the truth- Exclusive was in fact, losing money. The Moslems showed their innocence by providing Willstatter with certified bank appraisals, where in fact the loans were overcollateralized and had been paid in full as agreed.

Willstatter advised the Moslems to take a plea, instead of fighting for the truth. They disagreed and told him they wanted to complete the final 3 years of accounting to prove conclusively that Exclusive was losing money, and the government’s narrative was completely false. At that point Willstatter tried to intimidate the Moslems and advised they could not complete the figures and that “it doesn’t matter". Willstatter continued to advise the Moslems to take a plea(which they continued to disagree on multiple occasions).


After the disagreements and breakdown in communication, the Moslems ended their representation with Willstatter and Ostrer, and replaced them with Brafman and Emouna Esq. Before retaining them, the Moslems advised them that Exclusive Motor Sports was losing money and the numbers don’t lie. Marc Agnifalo , Zach Intrater, and Matin Emouna (second attorneys hired), agreed, and were paid in full. After two months they never completed the figures, and advised them to take a plea. The Moslems disagreed again, and their attoneys continued to take them to trial and allowed the government to use their tax assessed values (that they falsely represented as true fair market value) while they had purposely withheld the certified bank appraisals that the Moslems had provided them. The use of Certified Bank appraisals to assess the valuation of a property is LEGAL STANDARD! This allowed the government to make material misrepresentations to completely understate the value of their properties. They also allowed the government to fabricate a 3.5 million dollar tax loss, which Marc, Zach, and Matin advised them “it doesn’t matter". The government even went as far as submitting unsigned, delinquent tax returns for evidence, and Judge Cathy Seibel allowed all of this gross misconduct to take place. Based on Judge Seibel’s statements in the transcripts, she had full knowledge of the facts- that the government was manufacturing and fabricating the tax and bank fraud figures, yet, she allowed them!


After conviction, and being incarcerated, the Moslems received the Pre sentence report. Marc, Zach, and Matin refused to explain how the government came up with the 3.5 million dollar loss. After repeated refusals to explain where the loss was coming from, the Moslems terminated their representation with Brafman and Emouna. At this point the Moslems were in Westchester County Jail, trying to retain new attorneys to advise them where the loss amount was coming from. The Moslems spoke to about 50 other attorneys, which were interested in taking their case, but refused them, after talking to Agnifalo, or Willstatter. 


Not understanding why, after months of painstaking phone calls from a pay phone in jail, the Moslems retained Parlator law group(third set of attorneys). Timothy Parlator and Alison Drew, on October 5th, 2021 (5 months after trial), finally got an explanation as to the loss figures. At this point they retained an unbiased C.P.A by direction of the Moslems, and thoroughly completed the 6 years for Exclusive (with every single copy of canceled check,deposit slip, and bank statements totalling 40 million dollars in business in 6 years), confirming exactly what the Moslems have been saying since day one - Exclusive was losing money. Willstatter, Ostrer, Brafman, and Emouna allowed the Moslems to stand trial with fabricated tax loss figures, and manufactured bank fraud figures. After begging Parlator law group to file a rule 33 motion on the newly discovered facts they refused and advised them “it doesn’t matter". The Moslems were not going to sentencing with completely inaccurate PSR reports, that were finalized by Brafman and Emouna. 

At this point, the Moslems had NO CHOICE BUT TO GO PRO SE, in the name of justice, and to prove their innocence. They started filing multiple motions, which resulted in reducing the loss from $3.5 million to $969,000, before sentencing. This was approximately $2 million less than what was published in the Pre Sentence report, and the government conceded that the number was highly incorrect!


At sentencing the Moslems’ unbiased C.P.A. was all ready to come to testify about the true figures. But, three days before the hearing the FBI threatened and intimidated the CPA at his house. Being extremely affected by the FBI and IRS’s tactics, the C.P.A. reluctantly came to court to testify.  Based on the questions asked by Saaed Moslem (who was going Pro Se), the C.P.A. explained the basis of his findings, which was a tax loss of about $98,000, in contrary to the government’s claim of the new number loss of $969,000 (this was about two million less than their original claim). Judge Cathy Seibel ruled in favor of the government, and sentenced the Moslems to a combined 11 years in prison.

Fabricated evidence used by government. Tax returns, unsigned, and filed 6 years late. Accepted by IRS, and valid tax returns(which is clearly unlawful)

 

 

CONCLUSIONS:

According to our Constitution : Our government has a duty to prove a defendant’s guilt beyond a reasonable doubt.  Did the government fulfill its duty towards the Moslem’s?

 


Federal Courts have the responsibility to interpret the law, determine the constitutionality of the law, and apply it to individual cases. Most importantly, an  independent and honorable judiciary is indispensable TO JUSTICE in a democratic system of government.


“A judge should enforce high standards of conduct; A Judge Should Avoid Impropriety and should Perform the Duties of the Office Fairly, Impartially and Diligently; A judge should perform those duties with respect for others, AND should not engage in behavior that is harassing, abusive, prejudiced, or biased. (Judge’s Code of Conducts) 


We believe Judge Cathy Seibel imprisoned the Moslems because there was a 10 year long investigation that the government used their time, money, and resources, and nothing to show for it. They had to fabricate as much of it as possible, and the defendant’s own attorneys through their silence and no objection allowed these misrepresentations to take place and to go unobjectionable, consequently the Moslems went to trial without knowing any of the actual information. They broke all sworn duties to honor and uphold justice.


The prosecutors violated all their sworn duties to be the finder of truth and fact. Instead, they misrepresented the truth to fabricate loss numbers and crimes that did not exist.


Their own defense council may have even violated more than the prosecutors. They should have zealously defended them despite any injustice the government was pursuing.


Judge Cathy Seibel did not hide her distaste for the Moslems (cleary because they were exposing gross misconduct, and fighting for their constitutional rights to a fair trial). The Judge violated all her sworn duties of honor and upholding justice due to knowing about this misconduct, allowing it to take place in the courtroom, and then to continue to maliciously sentence and prosecute the defendant.  She continued to aid and abet this gross act of the government and their own defense council to conceal the truth. 

To this day, Saaed Moslem remains in a federal correctional institution, where Judge Cathy Seibel has placed him. She has denied several bail packages multiple times (in which he has secured his bond up to triple the bond amount), pending appeal labeling him “high risk of danger and fleeing” when in fact he is just fighting for his constitutional rights. Judge Seibel restricted him from any phone use, and the majority of his mail being restricted. How is he supposed to defend himself without any resources?


ACTION ITEMS:

We want to launch a criminal investigation and impeachment  of Judge Cathy Seibel and Senior Prosecutor JAMES MC MAHEN , and  prosecutors NICHOLAS BRADLEY Nicholas and DANIEL LOSS.  Judge Cathy Seibel’s conduct throughout the whole trial CLEARLY shows her bias and prejudice towards the Moslem family. The prosecutors’ continued lies, manufactured and fabricated evidence that was brought to her attention, consecutively gave a family-owned father and son 11 years of imprisonment and restitution  $1 million dollars that they manufactured at the end to falsely convict them of something that didn’t even exist.


We need a further investigation into FBI AGENT PETER GUERRERO , and IRS SPECIAL AGENT BRIAN CARCIONE for manufacturing and having perjured testimonies to continue to lie when they knew the business wasn’t profiting anywhere near that amount of money, and had investigated the Moslems for over 10 years.


This was all being un-objected by their own defense attorneys MARC AGNIFILO, and ZACH INTRATER from Brafman & Associates, RICHARD WILLSTATTER from Green & Willstatter, BEN OSTRER, MATIN EMOUNA, TIMOTHY PARLATORE and ALISON DREW, from Parlatore Law Group. All these people were involved in the gross misconduct of the government either by intimidation or willingly but clearly, they weren’t zealously defending their defendants.


It is imperative to stop the politicizing and weaponizing of the Department of Justice( the FBI, IRS, AUSA'S,)  to manufacture and fabricate crimes against innocent citizens, and we ask for your support! 

 

 

 

 

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Signatures: 1,283Next Goal: 1,500
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