Disbarment then Domestic Assault: Prominent Marquette Bankruptcy Attorney Dane Bays is disbarred on Friday for cocaine, drugged driving and bad representation of at least four clients – Then allegedly goes on tirade in Ishpeming on Sunday night

URGENT – URGENT – U.P. Breaking News Bulletin – 12-19 17 – 2:30 a.m. ET

Sour Note: Disbarment Meltdown?

 

Prominent Marquette Attorney Dane P. Bays disbarred for numerous reasons including drugs, misrepresenting clients – then arrested for domestic assault

Dane Bays FB 5

Dane Bays

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

Dane Bays FB 2

Dane Bays

A now disbarred well-known Marquette attorney has been arrested again only two days after receiving the bad news from the State of Michigan Attorney Disciplinary Board.

On Friday, Dec. 15, 2018, Dane P. Bays was disbarred and ordered to pay restitution of $25,000 involving clients. He was fined $1,000.

Bays admitted he had been convicted of a felony – and that means disbarment.

Bays admitted to the board that he misrepresented 3 bankruptcy clients and “another client in resolving an outstanding business matter.”

Bays disbarment 1

The board (see the notice below) cited two instances during which Bays admits he was caught with more than 25 grams of cocaine.

Bays “was convicted of operating while intoxicated, 2nd offense,” the disciplinary board’s ruling states. The ruling is retroactive to Oct. 26, 2017.

Read the State Attorney Discipline Board rulings:

State Attorney Discipline Board Dane P. Bays 9-21-2017

State Attorney Discipline Board Dane P. Bays 12-15-2017

Two days after Friday’s official disbarment – Bays is arrested again.

Dane Bays FB 3

Dane Bays

41-year-old Dane P. Bays of Marquette, MI was booked into the Marquette County Jail (MCJ) just before midnight on Sun., Dec, 17, 2017.

Bays is charged with domestic assault.

Bays was released on a $5,000 at about 1:30 p.m. Monday afternoon.

On Sept. 9, 2017, Bays was given an interim suspension on a charge of possession of cocaine.

Bays is a well-know bankruptcy attorney and equally known for his saxophone playing with bands in local bars.

Bays Law Office has dealt primarily with Chapter 7 and Chapter 11 Bankruptcies.

“The stipulation contains respondent’s (Dane P. Bays) admissions that he was convicted of operating while intoxicated, 2nd offense, in violation of Mel 257.62566; felony controlled substance possession, narcotic/cocaine, greater than 25 grams, in violation of MCl 333.74032A5; and probation violation. The stipulation further contains respondent’s admissions that he committed professional misconduct in his representation of three separate clients in bankruptcy matters; in his representation of another client in resolving an outstanding business matter; and that he failed to respond to four requests for investigation.”

 

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Bays disbarment 1Dan bays FB 5Bays disbarment 1

EXCLUSIVE: New federal filings may cause U.P. corn, soybeans, bread and other grain prices skyrocket – Numerous federal court filings that show one of the biggest grain producers in Michigan is bankrupt and floundering in hundred of millions in debts – 83,000 acres in receivership involving Boersen Farms based in Zeeland, MI

More federal financial judgements against a Michigan corn production big shot – is sending shock waves through the industry today: How will this affect the U.P. dinner tables?

Boerson 1

How one company can effect all of Michigan

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

This is the latest judgement – released today – against a bankrupt Michigan grain powerhouse that industry experts say is sending shock waves through the market.

Its owes Minnesota and Utah-based partnerships for over $150 million in loans – and other financial issues.

Saddled with this huge debt, Boersen is one of the biggest grain outfits in Michigan and Midwest. Industry experts have been quoted as saying the debt will have a large impact on the grain market and ultimately your table.

U.P. Breaking News would like to hear from U.P. grain, corn, soybean experts on how this will effect every table in the U.P. – experts statewide have already said it will be devastating.

U.P. Breaking News Exclusive:

Just filed – Another huge judgment against Boersen Farms – a Michigan corn/soybean/grain powerhouse involving  TFG-Michigan, a Utah Limited Partnership:

Zeeland, Michigan-based Boersen Farms Inc judgement (2)

Zeeland, Michigan-based Boersen Farms Inc judgement (1)

http://www.boersenfarms.com/

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Reports on other debts faced by Boersen Farms in Zeeland, Michigan

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Michigan Live:

Zeeland-based farm operation sued over $145M loan, hopes to recover

Updated Aug 31, 2017; Posted Aug 31, 2017

By John Agar
jagar@mlive.com

ZEELAND, MI – A family farming operation hopes to stay in business despite a lawsuit alleging it defaulted on $145 million in loans.

Boersen Farms and other related limited liability companies and individuals are being sued by CHS Capital, a Minnesota-based lender.

CHS wants to take possession of $50 million in corn and soybeans, including crops that have yet to be harvested. CHS says Boersen Farms failed to comply with forbearance agreements.

In fact, even before this revelation AgFax ran a story entitled: “Boersen Farms: How Not to Handle Your Debt”

http://www.mlive.com/news/grand-rapids/index.ssf/2017/08/zeeland-based_farm_operation_s.html

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MIBiz:

Boersen Farms’ impending bankruptcy could shake West Michigan’s ag industry
Written by John Wiegand

ZEELAND — When a lawsuit surfaced showing one of West Michigan’s largest corporate farmers was facing insolvency, the news sent shockwaves through the state’s agricultural industry.

The lawsuit claims that Zeeland-based Boersen Farms owes Minnesota-based CHS Capital LLC more than $145 million for unpaid debts, along with an array of other allegations that included fraud, according to documents filed in August with the U.S. District Court for the Western District of Michigan.

Now the farming operation, which harvests crops across roughly 83,000 acres in Michigan, Ohio and Indiana, is in receivership and gearing up to file for Chapter 11 bankruptcy protection, according to federal court filings in the last two weeks.

https://mibiz.com/item/25144-boersen-farms%E2%80%99-impending-bankruptcy-could-shake-west-michigan%E2%80%99s-ag-industry

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AgFax:

Boersen Farms: How Not to Handle Your Debt
By Todd Neeley, DTN Staff Reporter September 26, 2017

Zeeland, Michigan,-based Boersen Farms is set to either restructure its debt or file for bankruptcy, according to a motion filed in the U.S. District Court for the Western District of Michigan this week.

Boersen Farms had asked a federal court to place its operation in the hands of a receivership, in response to a lawsuit alleging the farm defaulted on about $145.3 million in loans from CHS Capital LLC in August.

On Friday, the district court denied the farm’s motion to reconsider that action. In the farm’s motion for reconsideration, it indicates it is preparing for either restructuring the debt or filing bankruptcy.

http://agfax.com/2017/09/26/boersen-farms-how-not-to-handle-your-debt-dtn/

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Corn Slump Hurts Farm Giant
Michigan Farming Giant Sued for Defaulting on $145M Loan
8/31/2017 | 2:44 PM CDT

By Todd Neeley/DTN Staff Reporter

https://www.dtnpf.com/agriculture/web/ag/news/business-inputs/article/2017/08/31/michigan-farming-giant-sued-145m

A break in the case: Bankrupt Marquette YMCA could take a huge first step to a financially solvent future as Nov. 27, 2017 will be a big day- a judge will rule on a motion this Monday that states the city of Marquette is willing to renegotiate its lease with the bankrupt YMCA – and the Marquette City Council will take it up at that night’s meeting – Sustainability Sunrise

URGENT URGENT – Upper Peninsula Breaking News Bulletin – 11-21-17 10 a.m. ET

Huge news for the bankrupt YMCA as Marquette Monday will help in first big step to save Y financial future – Read the actual exclusive federal documents about the YMCA – as it restructures

YMCA Mqt Sustainable graphic

The case for “Y save the Y” – and the ‘Sustainability” campaign is working and there reasons to do so are overwhelming – including the health of the community as it is very popular despite competition from other exercise/health facilities

By Greg Peterson
Upper Peninsula Breaking News
News Director/Co-Owner
906-273-2433

(Marquette, MI) – Officials with the YMCA of Marquette County will be sitting on the edge of their seats – and be on the phone – this coming Monday as a federal bankrutpcy judge decides whether it can renegotiate its lease with the city of Marquette – only hours before the city council takes up the matter.

The YMCA in Marquette County made the national news in May 2017 when it filed for Chapter 11 federal bankruptcy protection as it deals and renegotiates some $4.8 million in debt. Nearly $3 million is owed on a mortgage held by the United States Department of Agriculture—Rural Development authority.

In a letter at the time, the current YMCA leaders said previous board members incurred “extreme debt” during an “aggressive expansion” in the Marquette area.
The YMCA in Marquette County opened in 1985.

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In a November 10, 2017, the YMCA asked the U.S. Bankruptcy Court in Marquette to enter “an order authorizing Debtor (YMCA) to assume the lease for the Marquette (YMCA) Facility and allow the YMCA to move forward by executing “both the lease assumption and agreement and the restated lease” in a new deal with the city of Marquette.

“The Marquette city commission meets on November 27, 2017 where it will likely approve signing” an updated lease,” an attorney for the YMCA wrote.
The lease will affect early $3 million debt to the United States Department of Agriculture—Rural Development authority. The details are not clear if – and how – that federal debt can be renegotiated.

YMCA of Marquette County Chief Executive Officer Jenna Zdunek

YMCA of Marquette County Chief Executive Officer Jenna Zdunek

While the YMCA did not get an emergency hearing – there will be a telephone hearing just hours before the Marquette City Council is set to meet.

The judge set the telephone conference for Nov. 27, 2017 rather than hold a fast emergency hearing – following YMCA “debtor’s motion for an expedited hearing to assume lease of executory contracts with the city of Marquette.”

The case in in the hands of U.S. District Court Bankruptcy Judge John T. Gregg.

“The motion to shorten seeks to reduce the notice period in connection with the debtor’s stipulated
motion for order authorizing debtor to assume lease” and to “enter into restated lease agreement with the city of Marquette,” Judge Gregg wrote last week in a Monday, Nov. 13 ruling.

“The court has reviewed the motion to shorten and finds that a hearing is unnecessary. The motion to shorten demonstrates cause for reduction of the notice period … but not to the extent requested by the YMCA for an “emergency hearing in less than seven days”

The day after that ruling (last Tuesday, Nov,. 14, 3027) the court clerk notified the YMCA attorneys they had filed paperwork considered a defective entry or filing.”

Clerk of Court Daniel M. LaVille wrote:

Notice is hereby given that document #: 195 is defective for the following reasons:

  • Incomplete PDF document attached to the entry.
  • Entered in the wrong case.
  • PDF document is not legible.
  • Incorrect Form Submitted (Official forms are located on the Court’s website at: http://www.miwb.uscourts.gov)
  • The amended schedules do not conform to LBR 1009 − Nothing has been highlighted in some fashion indicating what’s being amended.

“Please review this rule before filing amendments,” the clerk wrote in the official notice.

The YMCA were told to amend the YMCA documents – and they were quickly refilled.

Then more information on the YMCA debts was revealed in a “notice of amendments to affected parties” by YMCA Grand Rapids, MI bankruptcy attorney P. Michael Azzi.

Here is some of the information released in the amended documents – read the entire 34 pages by clicking here or scrolling down:

The federal documents:
YMCA Mqt 11-14-17 Notice of Defective Entry or Filing against YMCA
YMCA Mqt 11-14-17 Notice of Amendment to affected parties owed money by Y
YMCA Mqt 11-13-17 Judge grants motion to expidite new Mqt lease
YMCA Mqt 11-8-17 Bankruptcy petition
YMCA Mqt 5-5-17 proof of service to those owed refiled 11-14-17
YMCA Mqt 5-5-17 Motion to speed up Mqt lease effort refiled 11-10-17
YMCA Mqt 5-5-17 Judge OK speed up motion refiled 11-10-17
YMCA Mqt 5-5-17 judge grants debtor motion
YMCA Mqt 5-5-17 debtor motion
YMCA Mqt 5-5-17 City of Mqt Lease Order refiled 11-10-17

11-14-17 notice of amendments to affected parties 111-14-17 notice of amendments to affected parties 211-14-17 notice of amendments to affected parties 311-14-17 notice of amendments to affected parties 411-14-17 notice of amendments to affected parties 511-14-17 notice of amendments to affected parties 6

YMCA photo collage

YMCA of Marquette County Chief Executive Officer Jenna Zdunek

http://www.ymcamqt.org

https://www.facebook.com/ymcamqt/

https://twitter.com/mqtyswim

https://www.teamunify.com/Home.jsp?team=mimckw

https://www.instagram.com/mqtyswim/

https://www.teamunify.com/SwimtodayLandingTu.do?act=new&team=mimckw

http://www.SwimToday.org

http://www.ymcamqt.org/programs/childhood-development.html

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https://www.usnews.com/news/best-states/michigan/articles/2017-05-06/marquette-county-ymca-saddled-with-debt-files-bankruptcy

http://www.mlive.com/business/west-michigan/index.ssf/2017/05/upper_peninsula_ymca_chapter_f.html

https://www.yelp.com/biz/ymca-of-marquette-county-marquette

https://www.linkedin.com/jobs/ymca-of-marquette-county-jobs-marquette-mi/

11-14-17 notice of amendments to affected parties 1

 

Legend Steps Down Today: Larger than life, tough, and feared by the state’s most vicious drug dealers and pornographers – and yes – even controversial – We honor U.S. District Court Judge Robert Holmes Bell – We Bring You His Honor’s Final Sentencings

judge-robert-holmes-bell2

As unusual and independent as the Upper Peninsula where he ruled with an iron fist for 3 decades – Today and Tomorrow are Officially The Final Days for His Honor – The Honorable U.S. District Court Judge Robert Holmes Bell

Plus we hope to hear today about the future of Eastern District of Michigan Federal Prosecutor Barbara McQuade

A new top federal prosecutor took the helm last week in the U.P. area and western half of the Lower Peninsula – The new top cop for the U.P. is Acting U.S. Attorney Andrew Birge, who took over last week after the resignation/step-down of  U.S. Attorney Patrick A. Miles, Jr.  (all just an expected big federal shakeup with a new president from different party)

“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Federal Judge Robert Holmes Bell at his final sentencing on Thursday

judge-robert-holmes-bell-1

The honorable 72-year-old U.S. District Court Judge Robert Holmes Bell held his final sentencings last week.

This Judge’s judge naturally Command’s Respect (Reminds This Reporter of the Non-Nonsense, Order-In-The-Court, Hang ‘Em High, The Triple A Himself – The Late Great Federal – U.S. District Court Judge Anthony A. Alaimo in Georgia).

Like all federal judges in Michigan, Judge Bell’s impact was profound on every northern Michigan Indian Nation – whether it was tribal domestic violence, or the Founder of American Tribal Gambling Fred Dakota, or the many civil cases.

judge-robert-holmes-bell-3

For Whom the Bell Tolls – To Prison

Dealing With An Armed Crack Dealer:

Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

Federal Judge Robert Holmes Bell sent many heavily armed and murderous drug dealers, gangs, gun-runners and just plain bad people to prison  – from the Upper Peninsula and down to Grand Rapids, Kalamazoo and Benton Harbor.

In the federal system there is no parole, so when he sentences someone 20 or 30 years – that is what they serve.

Hey – Judge Bell even has a judge-looking appearance and official kind of name – just saying.

He was named (middle) after one of America’s most famous jurists.

There was even a brief filed last week with re-assignment of Judge Bell’s many criminal and civiol cases due to “Inactive senior status effective (tomorrow, Tuesday) January 31, 2017– in legal jargon – but it means retirement:

Judge Bell is scheduled to take inactive senior status effective January 31, 2017, and will be unavailable to conclude proceedings in these matter”


Judge Bell’s Second to Last Sentencing, followed by his final (scroll down to sees lots you do not expect):

Dealing With An Armed Crack Dealer:

Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week

By Greg Peterson

(Grand Rapids, MI) – Armed crack kingpin Calvin Veernell Dennis was sentenced to nearly 12 years (140 months) in federal prison by U.S. District Court Judge Robert Holmes Bell on Tues., Jan. 24, 2016 – the latest in numerous Michigan drug traffickers getting stiff prison terms

The decade plus in prison will be followed by three years supervised release

Calvin Veernell Dennis admitted being a highly armed cocaine trafficker and convicted felon in Kent County, MI.

Dennis pleaded guilty to felon in possession of firearms and possession of firearms in furtherance of a drug trafficking crime.

Colt Agent .38 revolver (Serial No. M53914) and 21 rounds of Winchester .38 spl. caliber ammunition

M-11, 9mm Cobroyo semiautomatic pistol and 60 rounds of 9mm ammunition

Smith and Wesson, model SW40VE, .40 caliber semiautomatic pistol (Serial No. RAY4273) and 20 rounds of Winchester .40 caliber ammunition

Tanfoglio, model TZ75, 9mm semiautomatic pistol (Serial No. H00704) and 16 rounds of Winchester Luger and Hornady 9mm ammunition

Rock River Arms, LAR 15, 5.56 caliber rifle (Serial No. CM179750) and 50 rounds of Remington .223 caliber ammunition

660 rounds of 7.62 caliber ammunition.

Case Summary

1:16-cr-00098-RHB All Defendants USA v. Dennis

Date filed: 05/25/2016

Date terminated: 01/24/2017

Calvin Veernell Dennis

Filed: 05/25/2016

Kent County, MI

Count: 1 citation: 18:922g.f offense level: 4 18:922(g)(1), 18:921(a), 18:924(a)(2)

Unlawful transport of firearms, etc.; felon in possession of firearms

Count: 2 citation: 18:922g.f offense level: 4 18:922(g)(1), 18:921(a), 18:924(a)(2)

Unlawful transport of firearms, etc.; felon in possession of ammunition

Count: 3 citation: 21:841a=nd.f offense level: 4 21:841(a)(1), 21:841(b)(1)(c)

Narcotics – sell, distribute, or dispense; possession with intent to distribute cocaine base

Count: 4 citation: 18:924c.f offense level: 4 18:924(c)(1)(a)(i), 21:841(a)(1)

Violent crime/drugs/machine gun; possession of firearms in furtherance of a drug trafficking crime

Defendant in Custody

Assistant U.S. Attorney Sally J. Berens

Phone: (616) 456-2404

Email: sally.berens@usdoj.gov

Assistant U.S. Attorney Joel S. Fauson

Phone: (616) 456-2404

Email: joel.fauson@usdoj.gov

Assistant U.S. Attorney Jennifer S. Murnahan

Phone: (616) 456-2404

Email: jennifer.murnahan@usdoj.gov

Assistant U.S. Attorney Alexis M. Sanford

Phone: (616) 456-2404

Email: alexis.sanford@usdoj.gov

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Judge Bell’s Final Sentencing:

FOR IMMEDIATE RELEASE: Thursday, January 26, 2017

Grand Rapids Man To Spend Five Years In Prison For Trafficking Firearms

GRAND RAPIDS, MICHIGAN – Donte Timothy Bacon, 31, of Grand Rapids, was sentenced to 60 months’ imprisonment, Acting U.S. Attorney Andrew Birge announced today.

In August, Bacon pled guilty to selling a firearm to a prohibited person and possession of a firearm with an obliterated serial number. Charles Lee Samuels, 28, earlier was sentenced to 18 months in prison for his lesser role in the crimes.

On five different occasions in August and September 2014, Bacon sold a firearm to a person who was not permitted to possess it under federal law. One of the firearms was sold with a high-capacity magazine. Two of those firearms had been purchased by Bacon and Samuels and were sold after Bacon removed the serial numbers. During the final transaction, Bacon and Samuels used a hand-grinder to remove the serial number at the time of sale.

In his final sentencing before retiring from the bench, U.S. District Judge Robert Holmes Bell observed the seriousness of trafficking firearms. Judge Bell ordered Bacon to serve three years of supervised release following his term of custody and expressed his hope that Bacon will return as a productive member to his community.

“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Acting U.S. Attorney Birge. “The U.S. Attorney’s Office will prosecute those who willfully circumvent federal firearms laws designed to protect the public.”

“Selling firearms to prohibited individuals contributes to the cycle of gun violence plaguing our neighborhoods,” said Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. “ATF will continue to use all available resources to put a stop to illegal gun sales. Let this conviction stand as a warning to others willing to put profit before public safety.”

The ATF conducted the investigation, with assistance from the Grand Rapids Police Department. Assistant U.S. Attorneys Justin M. Presant and Alexis M. Sanford prosecuted the case.

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Other federal court cases this past week you did not hear about:

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Five years in prison for coke/heroin dealer

Drug dealer Jamian Charles Pearce sentenced on Jan. 23, 2017 to five years (60 months) in federal prison by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine in Kent County, MI in Feb. 2016.

After five years in prison, he will be on three years of supervised release.

On March 16, 2015, Muskegon County Law Enforcement arrested 32-year-old Jamian Charles Pearce for obstructing justice/probation violation in Muskegon, MI

Case Summary:

1:16-cr-00036-PLM-4 USA v. Hairston et al

Date filed: 02/25/2016

Date of last filing: 01/24/2017

Jamian Charles Pearce

Filed: 02/25/2016

Kent County, MI

Count: 1

Citation: 21:846=NP.F Offense Level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin

Count: 3

citation: 21:846=np.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(c), 18:2

Conspiracy to possess narcotics; attempted possession with intent to distribute cocaine

Count: 1s

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin

Count: 3s

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(c), 18:2

Conspiracy to distribute narcotics; attempted possession with intent to distribute cocaine

Count: 1ss

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(b)(ii)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine

Defendant in custody

Assistant U.S. Attorney Mark V. Courtade

Phone: (616) 456-2404

Email: mark.courtade@usdoj.gov


Three years in prison for identity theft

By Greg Peterson

(Grand Rapids, MI) – Pedro Enrique Sanchez Pupo was sentenced to 37 months in prison on Jan.25, 2017 by Chief U.S. District Court Judge Robert J. Jonker for aggravated identity theft crimes committed in 2015 in Kent County, MI:
In plea agreement, Pupo pleaded guilty to count one of the indictment conspiracy to commit wire fraud. Her will serve his time – three years and a month- in a federal prison in Florida near his family.

Date of last filing: 01/28/2017

Pedro Enrique Sanchez Pupo

Filed: 12/01/2015

Kent County

Count: 1 Citation: 18:1349.F Offense Level: 4

18:1349, 18:1343

Attempt and conspiracy to commit fraud; conspiracy

Count: 2 citation: 18:1029a.f offense level: 4

18:1029(a)(3), 18:1029(c)(1)(a)(i), 18:2

Produces/traffics in counterfeit device; access device fraud

Count: 3 citation: 18:1028a.f offense level: 4

18:1028a(a)(1), 18:1028a(c)(4), (5), 18:1028a(b), 18:2

Fraud with identification documents; aggravated identity theft

Defendant in Custody

Federal Prosecutor:

Assistant U.S. Attorney Hagen W. Frank

Phone: (616) 456-2404

Email: hagen.frank@usdoj.gov



Ten years – 121 months in prison for distributing coke and heroin

By Greg Peterson

(Grand Rapids, MI) – One of the defendants in major heroin ring was sentenced to just over ten years in federal prison on Jan. 24, 2017 by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine during Jan. 2016 in Kent County, MI.

Mario Cruz pleaded guilty to one count of conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin.

No parole in federal prison, and will be under three years supervised release when let out in a decade.

Case Summary

1:16-cr-00036-PLM-3 USA v. Hairston et al

Date filed: 02/25/2016

Date of last filing: 01/24/2017

Mario Cruz

Filed: 02/25/2016

Kent County

Other Court Case: 1:16-cr-169 Related Case

Count: 1 citation: 21:846=np.f offense level: 4

21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin

Count: 2 citation: 21:846=nd.f offense level: 4

21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin

Defendant in custody

Federal prosecutor:

Assistant U.S. Attorney Mark V. Courtade

Email: mark.courtade at usdoj.gov



Read about the fancinating reign of a tough federal judge – who was feared by all the big time evil doers in the Upper Peninsula:

https://www.justice.gov/usao-wdmi/pr/2017_0126_Bacon

https://www.apnews.com/cb2f330cae944accaeac06e0be6b56c2

http://www.mlive.com/news/grand-rapids/index.ssf/2016/10/federal_judge_robert_holmes_be.html

http://www.mlive.com/news/grand-rapids/index.ssf/2016/11/towering_figure_robert_holmes.html

http://www.mlive.com/living/grand-rapids/index.ssf/2011/02/profile_us_district_court_judg.html

http://www.miwd.uscourts.gov/judges-info/judge-robert-h-bell

https://en.wikipedia.org/wiki/Robert_Holmes_Bell

judge-robert-holmes-bell-1judge-robert-holmes-bell-3judge-robert-holmes-bell2

Swing and a Miss: Company that invented “Light Responsive Automatic Golf Tee” goes bankrupt in Gladstone – Family credited with co-inventing tee files bankruptcy estimated at $1 million dollars – City of Escanaba left holding the bag for over $350 Grand

precision-golf-systems-4precision-golf-systems-5precision-golf-systems-6

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – A million dollar bankruptcy has been filed over a unique automatic golf tee invented by an Upper Peninsula man about 25 years ago but since the related company has shot into the rough including owing the city of Escanaba nearly $370,000.

 

precision-golf-systems-7

 

It’s called the “Light Responsive Automatic Golf Tee.”

A 65-page Chapter 7 business bankruptcy was filed on Dec. 5, 2016 by Allan J.  Waeghe and Patsy L. Waeghe, both of 7710 Summit 19.55 Lane in Gladstone, at the U.S. District Bankruptcy Court for the Western District of Michigan in Marquette. The company involved is Precision Golf Systems, Inc. “doing business as “Donalway, Inc.”

The couple estimate that have up to 49 creditors, $320,000 in assets, and owe $1,022,878.

The couple states in the bankruptcy papers that each of them will receive a “certification of completion” and a “briefing from an approved credit counseling agency within the 180 days” filing the bankruptcy petition.

The city of Escanaba is owed $369,754.64. The couple also owes nearly $36,000 to Escanaba business “P.M. Properties.”

Mr. Waeghe is listed as “self-employed” while his wife works as a “commercial interior designer” for 33 years at Roy Ness Contracting & Sales in Escanaba, MI.

The filing lists several banks that are owed money in Escanaba, Gladstone and Troy, MI – plus credit agencies in Illinois and elsewhere.

To read details of the bankruptcy click here:

Chapter 7 Banktuptcy 12-5-16 65-pages

City of Escanaba Loan Administration Board (LAB) Agenda 7-19-12

The couple is represented by attorney James J. Viau of the Viau & Chapekis
Law Firm at 808 Ludington Street in Escanaba.

A U.S. Patent was granted in 1992 following an Dec. 1990 filing by co-inventors Donald E. Fehrenbach and Allan Waeghe.

On xx, a chapter 7 business bankruptcy was filed in federal court in Marquette.

Donalway Golf Systems is a privately held company in Escanaba, MI

Located at 1617 N. 28th St.in Escanaba, Donalway manufactured unique golf ball tees – tees that automatically set up golf balls for driving practice.

“We’re going to go from a small company to a $30-40 million business,” Donalway Golf Systems Owner Allan Waeghe was reported as saying during a January 2008 Escanaba Planning Commission Meeting.

escanaba-loan-administration-board-meeting-minutes-from-2012

The planning commission in Jan. 2008 approved a Donalway Golf Services site plan for a $2 million, 38,000-square-foot manufacturing plant at 3400 Airport Terminal Road in the tax-free Escanaba Renaissance Zone. The plan was eventually add 25 employees.
At the time, Waeghe must have wowed the planning commission members:
Commission member Tom Warstler made the motion to approve the site plan, saying the project meets all the criteria.

“This is exactly the type of use you want in there,” Commission member Tom Warstler is reported as saying after making a motion that the site plan be approved.

“This is good news for the city of Escanaba,” temporary board chairperson Pat Baribeau was quoted as stating.

The online site Manta states:

Records show it was established in 1987 and incorporated in Michigan.

Estimates of annual revenue of $1 to 2.5 million

Employs a staff of approximately 5 to 9.

The city of Escanaba has been trying to get the company to repay a huge loan for the past five years, according to the minutes of an April 29, 2012 meeting of the 2012 Escanaba City Loan Administration Board Meeting:

http://www.escanaba.org/images/28/file/LAB%20Agenda%20071912.pdf

Additional information including the business annual reports are available from the Michigan Department of Licensing and Regulatory Affairs (LARA)

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Related info:

PRECISION GOLF SYSTEMS, INC.

http://www.precisiongolfsystems.com

http://www.precisiongolfsystems.com/factorytour.asp

http://www.precisiongolfsystems.com/automationvideo.asp

http://www.dleg.state.mi.us/bcs_corp/sr_corp.asp

http://www.dleg.state.mi.us/bcs_corp/dt_corp.asp?id_nbr=00714Q&name_entity=DONALWAY%20GOLF%20SYSTEMS,%20INC.

Searched for: DONALWAY GOLF SYSTEMS, INC.
ID Num: 00714Q    
Entity Name: DONALWAY GOLF SYSTEMS, INC.
Type of Entity: Domestic Profit Corporation
Resident Agent: ALLAN J WAEGHE
Registered Office Address: 2610 32ND AVE N  ESCANABA   MI  49829
Mailing Address:   MI 
Formed Under Act Number(s): 284-1972          
Incorporation/Qualification Date: 4-13-2007
Jurisdiction of Origin: MICHIGAN
Number of Shares: 60,000
Year of Most Recent Annual Report: 11
Year of Most Recent Annual Report With Officers & Directors: 08
Status: AUTOMATIC DISSOLUTION   Date: 7-15-2014

Patent:

Article online from Escanaba paper about the company:

http://webcache.googleusercontent.com/search?q=cache:hHvWfSkelLcJ:www.dailypress.net/page/content.detail/id/500557/Esky-business-to-expand.html%3Fnav%3D5003+&cd=7&hl=en&ct=clnk&gl=us

Esky business to expand

January 11, 2008
By Jenny Lancour
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ESCANABA — A site plan for a new $2 million manufacturing facility in Escanaba’s Renaissance Zone was approved by the city’s planning commission Thursday.

Donalway Golf Services submitted an application for zoning land use approval for a 38,000-square-foot manufacturing facility at 3400 Airport Terminal Road. Following a review, the planning commission unanimously approved the site plan for the new construction.

Donalway, currently renting at 1617 N. 28th St., manufactures automatic golf ball tees which dispense golf balls for driving practice.

“We’re going to go from a small company to a $30- to $40 million business,” said owner Allan Waeghe during Thursday’s planning commission meeting.

The company currently employs 10 people. Following the business’ expansion, Waeghe said he expects 25 people to be working by the end of the first year and 40 or more employees to be working there by the end of the second year.

City Manager Jim O’Toole said the project’s property is within the airport Renaissance Zone so it will be tax-exempt.

Prior to the commission’s approval of the site plan, O’Toole reviewed the criteria to be considered: if the project integrates well with neighboring development; any nuisance impact to connecting properties; traffic safety concerns; and impact on environmental resources.

Commission member Tom Warstler made the motion to approve the site plan, saying the project meets all the criteria.

“This is exactly the type of use you want in there,” Warstler said.

Temporary board chairperson Pat Baribeau said, “This is good news for the city of Escanaba.

Donald E. Fehrenbach and Allan Waeghe

https://www.google.com/patents/US5078401?dq=ininventor:%22Allan+Waeghe%22&hl=en&sa=X&ved=0ahUKEwiuo6_hzuPQAhVX3mMKHVycBMUQ6AEIHDAA

Light responsive automatic golf tee
US 5078401 A
Abstract
An automatic golf tee, after a ball is hit from it, lowers into the ground and reappears with a new ball ready to be hit. The tee is powered by an electric motor driving a vertical screw shaft onto which the tee is threaded.
The tee cannot rotate; hence rotating the screw raises and lowers the tee. New balls are gravity fed to the tee at its lowermost position from an inclined ramp.
The height to which the tee will rise is easily changed by moving an adjustable microswitch which, triggered by the rising tee, shuts off the motor. To start the tee downward after the ball is hit off of it, the tee is made hollow and a light-sensitive CdS cell is placed at the bottom. Uncovering the top of the tee lets light in, triggering the CdS cell to start the tee downward to pick up another ball. When the tee passes the feed ramp, a new ball rolls onto the tee, shutting off the light and stopping the downward travel.

 

Light responsive automatic golf tee

Abstract
An automatic golf tee, after a ball is hit from it, lowers into the ground and reappears with a new ball ready to be hit. The tee is powered by an electric motor driving a vertical screw shaft onto which the tee is threaded. The tee cannot rotate; hence rotating the screw raises and lowers the tee. New balls are gravity fed to the tee at its lowermost position from an inclined ramp.
The height to which the tee will rise is easily changed by moving an adjustable microswitch which, triggered by the rising tee, shuts off the motor. To start the tee downward after the ball is hit off of it, the tee is made hollow and a light-sensitive CdS cell is placed at the bottom
Uncovering the top of the tee lets light in, triggering the CdS cell to start the tee downward to pick up another ball. When the tee passes the feed ramp, a new ball rolls onto the tee, shutting off the light and stopping the downward travel.
Inventors: Fehrenbach; Donald E. (Escanaba, MI), Waeghe; Allan (Gladstone, MI)
Appl. No.: 07/626,035
Filed: December 12, 1990Current U.S. Class: 473/133 ; 473/136
Current International Class: A63B 57/00 (20060101); A63B 057/00 ()
Field of Search: 273/201,33
References Cited
U.S. Patent Documents2295599 September 1942 Mozel
3778067 December 1973 Gentiluomo
4198054 April 1980 Stone
4355811 October 1982 Williams, Sr.
Primary Examiner: Brown; Theatrice
Attorney, Agent or Firm: Litman; Richard C.

precision-golf-systems-5precision-golf-systems-2precision-golf-systems-3precision-golf-systems-6precision-golf-systems-4light-responsive-automatic-golf-tee-7light-responsive-automatic-golf-tee-6light-responsive-automatic-golf-tee-5light-responsive-automatic-golf-tee-4light-responsive-automatic-golf-tee-3light-responsive-automatic-golf-tee-2light-responsive-automatic-golf-tee-1precision-golf-systems-7

Publication number US5078401 A
Publication type Grant
Application number US 07/626,035
Publication date Jan 7, 1992
Filing date Dec 12, 1990
Priority date Dec 12, 1990
Fee status Paid
Inventors Donald E. Fehrenbach, Allan Waeghe
Original Assignee Fehrenbach Donald E, Allan Waeghe
Export Citation BiBTeX, EndNote, RefMan
Patent Citations (4), Referenced by (21), Classifications (5), Legal Events (4)
 
External Links: USPTO, USPTO Assignment, Espacenet

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The founder of a large Upper Peninsula construction company has filed for chapter 11 bankruptcy protection for one of over 30 LLC’s created by Thomas Moyle, ABC10 and Upper Peninsula Breaking News has learned

HOUGHTON — A Limited Liability Corporation created by the founder of the Moyle Construction Company in Houghton has filed for Chapter 11 Bankruptcy protection.

Marquette Bankruptcy attorney Dane Bays told ABC10 tonight he wants to make it clear – that the Moyle Construction Company itself has not filed for bankruptcy – and in fact the construction company has been owned and operated by one of Moyle’s children since 2006.

The bankruptcy involves one of over 33 limited liability corporations created by the construction company’s founder – Thomas Moyle.

Limited Liability Corporations are called LLCs. The LLC which is the subject of the current bankruptcy is solely a real estate holding company, it does not operate, and has no employees whatsoever.

The bankruptcy involves a piece of land that is part of the Moyle Construction Company compound and uses the same address.

Bays blames the chapter 11 filing on one of the bank creditors – that he says is being obstinate and demanding immediate repayment of the loan.

Bays said – that creditor – Associated Bank of Milwaukee – may have its own financial issues – because its not common for a bank to unexpectedly call an entire loan especially when the loan is fully collateralized and the payments are not only current but have never been missed since 2004.

Filed in U.S. Bankruptcy Court in Marquette – the chapter 11 process allows the LLC to restructure its finances and maximize the return to its creditors.

The paperwork was filed Thursday and shows that the LLC has just over $3.5 million in liabilities, with $2.5 million being mortgages with Northern Michigan Bank and Trust.

Most of the remainder is a mortgage with Associated Bank of Milwaukee with an approximate balance of $996,000.

Moyle’s LLC claims $1.9 million in assets.

A meeting of creditors is scheduled for December 3 in Marquette.

ABC10 will have more on this on Monday, and you can see some of the chapter 11 paperwork filed in Marquette on our website.