BJSmart

Forward:

Intro: In 1996 my mother Katherine Logan (Brown) was working for and dating Paul Brown. He at the time ran Anderson Split Pea, in

Carlsbad and he was the original founder of Chicken Delight, many years ago.

 

Mom married Paul and in short order she noticed he was forgetful. In 1999 he was diagnosed with Alzheimer’s and it was then that he

personally called AARP to get someone to help him set up his financial matters. He asked for a retirement expert and was provided the

number for AIM Association, in Anaheim CA.

Brian Smart to me was just a name, and for years nothing really took place that would make me question him. As my mother’s husband

was passing it would seem that Smart was trying to get too close to my other, and she would always tell me what a nice fellow he was

and how well he was taking care of the money that she and her husband had invested with him. Katherine Logan Brown called and was

transferred, perhaps by the luck of the draw to Brian J Smart. We know now that Smart was married to a daughter of the company owner

Frank Winger and Winger had been “directing” business to his son in law and Smart and it would seem that his wife was having children as fast as she could became fertile after the last birth.

In 2001 Brian J. Smart sells PAUL & KATHERINE BROWN ( 4/14/1925~12/22/2005 ) a TRANSAMERICA ANNUITY – Exhibit MARCH 15,

2001 B. J. Smart on this next document is signing as “witness” upon the Last Will of Paul Brown, MARCH 31, 2001. Then signing as

Witness on the P & K Brown family MARCH 31, 2001. Smart allegedly forges signatures and liquidates the TRANSAMERICA ANNUITY

JUNE 3, 2003 supporting Police Report Exhibit 1-22-09.

Paul Brown died of Alzheimer’s in December of 2005. Smart provided “Account Statements” on Oct. 22, 2007, showing Brown Trust

account’s had values of $118,068.00 & $92,558.00k:

 

Intro

 

My mother and I have always been close, I was born on her 20th birthday and we have always shared a great deal together. I had lost a

business (American Eagle Motorcycle Co) and was dealing with the courts for years, only to have the case die when my father passed.

The total loss was 19 million dollars. My loss was 1.9 million dollars all due to fraud by my own father.

As a child her best friend is was and will always be Dagmar Chaplin Lee. I have known her as long as I can remember. An artist in

Laguna Beach, she went to her friend, K Brown for some help with money her father had left to her upon his death. She called the AIM
Association offices and asked for then was transferred to Brian J. Smart. Chaplin Lee told Smart, it needed to be safe and accessible.

Smart told her what bank account to put it in. Two day’s later, at the AIM Association offices she went to get her “Documentation” Smart
handed her aAIM Associationfolder HERE filled with homemade “notes and assignments”,
a Membership Certificate” for Smart Assets, LLC purportedly representing 200,000 unitsof membership in Smart Assets, LLC.Chaplin

Lee knew nothing about finance and Smart was such a nice fellow.

 

Turns out that Smart had Chaplin Lee deposit the first 200,000 into a Escrow account for a property Smart was buying.

Just two days after depositing money into what she was told was an AIM AssociationInvestment account, Brian J Smart invites Chaplin

Lee to his offices at the AIM Association and proceeds to provide a series of promissory notes, stock certificates and note assignment’s

“Exhibit” Dec 2005. In June of 2006 Smart sends these fabricated documents in the mail “Exhibit” showing that Chaplin Lee was making

great returns and had a $267,042 balance in her Smart Assets account and it was earning 20.65% a year.

 

A short time later, he needed a quick 50k so he went back and cleaned her out of every last dime she had.

Shortly after my step father had died I was concerned for my mom. Caring for someone that sick is really hard to do and she did it with

grace and charm to his final day. I did not want to see her retire to a rocking chair and I decided to start a business. My buddy Joe and I

decided to open a furniture biz in Hermosa Beach (Waterfront Furnishings) and we rented a location on the waterfront. I made contacts

with people in Thailand and China and headed overseas to order product. (Turns out we were dealing with Thai royalty)

 

Well my mother had always told me about this wonderful man Brian Smart that was taking care of her money. I had raised some 100k to

start the bizand asked mom to help well she jumped in head first and we endedup with a really nice little store in Hermosa Beach CA

like any business we needed cash and my mother was under the impression that she had investments and it was then that we contact

Smart to request some money. He did wire at one time some cash to us, and then a few months later he came to see my mom at the

store on his birthday. We took him to sushi and I asked about moms money. That was the moment that things turned around. He

babbled on about the fact that her money was not in traditional places only that he was making her a ton of money and that it was too

bad we were in the furniture biz as his investments were doing so well we could have done better with him and with that I shut him

down lunch ended and I never until last weeks hearing saw him again.

After that day I asked mom for her docs, she gave me the few pages she had the moment I saw them I knew it was a scam. He had

created documents and at that moment I called him and told him to surrender the money. He avoided me all of the first half of 08, but

then in July my mother called crying as she had received a e mail from Lisa Maria Padilla, whose mother Smart robbed out of 1.1 million.

In the e mail she expressed concern and told her story that she suspected Smart of stealing from her mother as her payments had

stopped for the care of her sick mom.

 

I responded to her and we exchanged stories. She had already contacted Patokas and she forwards us to him. I called him and we spoke

for a few hours that first time. Patokas went to the Laguna Art fest and had a meeting with my mother and Dagmar within a few days

and the hunt was on. I had years of practical experience in the courts systems due to prior isses that frankly speaking were never

resolved but I knew that I needed to find out about Smart, so I started searching web records and calling the recorders offices in the

areas thatSmart had operated. It did not take much of the story to obtain the support of the people in those offices and the documents

started flowing. As I would receive something Iwould post it on the web, at first under don.logan.com/briansmart later

towww.briansmart.com/defaultb.htm(note this as the original “root” file)

 

My first call to the SEC was in Aug of 2008, I had been soliciting attorneys to work with us to file on Smart and no one would help

without a sizeable retainer. Using the website I was able to share with the attorneys I would speak with about the case and attorney

Greg Grantham, who had represented me in the past, after his review said to me “You have this guy NAILED for security fraud across the

board” during a phone call. I hung up the phone and called the SEC, making my first report to them. As I continued this almost as a full

time pursuit, I would update the site with my discovery’s and call the SEC to tell them of the changes. Each time I called I really felt like I

was getting the cold shoulder that was up till Madoff became front page news. I was already reviewing LOG files on a regular basis,

often to assist in tracking Smarts movements. It was simply really, I would make a file link that I would not publish but I would text it

to Smart and the log file, when Smart clicked on it with his phone gave us his location to some extent, and I would pass that data along

to Patokas & then later the SEC.

 

On January 21, 2009 I received a phone call from not one but 5 attorneys at the SEC, I knew that moment that this case had just shifted

into forwardat long last, but Smart had other ideas as time would later display. The 202 number popped up, I answered and the

attorneys introduced themselves around the table, so to speak. It was that first time a hour or so call as we reviewed the case, the

documents on the site and the victims that I knew of. I offered to administrate the victims to the SEC’s investigators and made

arrangements for each to speand time on the phone with the SEC’s attorneys.

 

This went on for about 2 weeks and from the records now public in the courts docket it turns out that these attorneys went right to

work on Mr. Smart. only to had the case to Attorney Robert Wing whom did nothing, not a single motion was filed to pressure Smart to

come forward with answers to a single question that he had pled the fifth over 500 times.

 

Chapter 1: Who is this guy?

 

My mother and I share a rather close connection, as I was born on her 20th birthday, she and I have always been really close and I have

always been rather protective of her. In the early 1990’s she was living in Dana Point CAand had clearly fallen in love with a wonderful

man by the name of Paul Brown. Paul was a mover and a shaker in the restraint world, having created Chicken Delight and ran

Andersons Split Pea after the owners died in a plane crash, the two of them were married in Newport Beach Harbor and both move into

Paul’s condo in Irvine.

 

It was 1990, and I was part of the New Digital age. As a program producer I had played a rather large role in the creation of Video for

Windows technology, in conjunction with the Microsoft corp. and had parlayed that into a section of the Big American Motorcycle

industry, creating a series of online publications as well as being one of the founders of American Eagle Motorcycle Company. I worked,

as a contract specialist creating opportunities for Microsoft to display its emerging technology and my interactions with my mom and

her new husband were still regular, as my Mother would often stay at my house and help with the books as I was working my tail off.

Mom was happy to help any way she could.

 

Much of my training as a pilot would come during my years in Hollister CA during this time, Mom loved to fly and she in fact was one of

my first passengers, once I was certified as a private pilot.

 

On one of my visits to her condo, on a golf course in Irvine she mentioned this really nice man Brian Smart and starting talking about

him, telling me that he had Paul and her money invested, he seemed to be “courting” my mother in a manner that always made me feel

strange. My mother would say things about him being such a nice man and she would comment on his honesty as well as generosity

speaking about meals that she had shared with Mr. Smart. I admit it did at the time make me feel unsettled at times. She was married

and I was busy, traveling all over the US. It was not my place to speak to her about investments but each time I would ask she would

“beam” about what a nice fellow Brian Smart was. That was always strange to me.

 

About this time I had suffered a serious spine injury, and on the way to Thanksgiving dinner in the early 1990’s I injured it to the point

of no return, and ended up having surgery to correct the problem staying with my mother and Paul for a few months while I recovered.

We both noticed that Paul was fading fast. The doctors had long warned her this day would come and after Paul was lost for 8 hours and

returned disoriented by the police, it was clear that she had to make a move to be able to care for him.

 

It was 2003, and she told me about the new place that she had bought, in a retirement community and explained that she had sold the

condo and was getting ready to be able to have Paul cared for. She did all the improvements herself, and I remember vividly one of my

last visits to the condo, all kinds of boxes that Paul had tossed away. I can still see the trash container filled with boxes that Paul had not

taken the time to review the contents of, I retrieved some of them and even placed a few items on E bay.

 

I was living in Monterey Ca at the time and we were in the process of taking our company public. Surgery had gone well and after I

recovered, I went to work acquiring my pilots license at the Hollister Airport. Paul’s condition was getting worse quickly and mom

would share her concerns with me each time we spoke. It was not long before he needed full time care, while Paul could not even

remember her and Smart would send her money to make the payments for Paul’s care each month. Once in a while he was late, but it

did not seem like anything to worry about. Paul’s condition made my mother rather frazzled as I recall, as for the last 5 or 6 years of his

life it was much like caring for an adolescent, that was regressing into childhood, Alzheimer’s is truly insidious and those whom

become caregivers are life’s true hero’s in my book. Each time Smarts name would come up, it sounded more and more to me like

something was up, with Mr. Smart.

 

When Paul passed away, the dot com bust had closed our company and I had moved back to So Cal. I was spending a lot of time

workingout with friends Joe Middler and Chris Knight in Manhattan Beach, and even ended up in a episoide of “My Fair Brady”.My friend

Joe is in the entertainment biz and was opening a club in Hermosa Beach. The place next door was available and he suggested that we

do a furniture store in it.

 

Paul had just passed away and mom was talking in a way that made me think she was planning on retiring to a rocking chair and out of

the blue I was at the 90210 Beach House at a party when Joe and I meet a man whom just returned from Asia and had helped the

Furniture vendor for Roche Boubua & Cantoni (high end retail US vendors) move to a new factory from England and he was willing to

make an introduction. I packed a bag and headed to Thailand to start our new business and a new chapter to life. One that would lead to

an enlightenment of epic proportion.

 

Chapter 2 – Discovery

 

The things in life that set me free were I am sure inhearted from my Grandfather, my mothers father Gunner Johnson. He too was a

yachtsmen, and in fact the first time Iever sailed, my mother and I rented a small sail boat, on a tiny So Cal lake and with no instruction

or direction we had a blast, learning how to get around by days end, I remember it like it was yesterday.

 

I remember the day that my mother came to our store with her file on Smart like it was yesterday too. The look on her face the moment

I saw the document that Smart had crafted to show her account I knew that he was a con man and he had robbed my mother, in a rather

sadistic and utterly sick manner. The look on her face as she came up with a number of documents that made it clear to me that thisguy

was a crook. My own father was a crook and I after years of dealing with him had a keen notion as to how crooks operate.

 

The documents the she had were clearly made by him, and at that moment I started in on Smart to let him know his days were

numbered. My contacts started with simple text messages, he would from time to time reply but it was not what I was looking for so I

continued. It was about June of 2008 that my mother came to work at the store with total fear in her eyes. She had received a e mail

form Lisa Maria Padilla looking for information

 

about Smart stating in the e mail that she had over a million dollars invested with Smart and she was not able to reach him.

 

I returned the e mail and told her of my discoveries./ I had already called, and researched the public records in the areas that Smart was

doing business and found more then one instance of Smarts miss dealings. Iwould explain the situationto the staff at the respective

recorder’s office and each person would offer whatever help that was needed to access the
data we were looking for.

 

I had found a Facebook page that Brian Smart created and I figured that I could start with his friends, sending each a nice note looking

for information about him. One by one people would reply noting that many of them had nothing really to do with Smart. Brianquickly

removed his Facebook page as hisfriends were questioning him about my inquiries, I had already cached the page and its data, and

archived it on the my webserver.

 

During this time I would find documents and confront Smart with the discovery, often in the form of a text message sending him a link

to the file that I had discovered. By doing this I was also able to put his location in perspective. I would review my logs and be able to see

the time and location (IP Number) of the “hit” that Smart had made upon the file I sent him. Early data at the end of 2008 showed that

he was all over the place. He had a story to support his travels and he had told his victims as well as his family that he was well

underway with the development of a project in Maui Hawaii.

 

As I progressed, I found public blogs created by Smarts wife as wellas many of the people that Smart was dealing with. His blogs were

filled with all kinds of wonderful photos of he and his family doing all kinds of wonderful things traveling and living a truly wonderful

life.

 

His father in Law Frank Winger was the next stop. I called him and quizzed him on his Son in law. I told him the first time we spoke that

I was going to make sure Smart was put away and to my surprise, he said “Great, how can I help”, his reaction kind of took me off guard,

but we had many conversations about his son in law and it was clear that Winger did not like Smart. In 2008 Winger and I would speak

or e mail all the time, but after the SEC filed its case, Winger started to feel uncomfortable about further conversations.

 

Others also started to come out of the wood works. The website was being reviewed now by many of the people that Smart had crossed

over the years. One of the calls was from a former AIM agent whom spilled the beans about Smart and his manipulative style. He

wenton about how Smart would break his children’s toys to return them for credit and get new ones, and he said Smart would brag

about having “access to money” and that he knew many wealthy people, that he was able to gain access to by listing his address as one

near to aLDS temple that had wealthy clients. Smart he said was clearly allowed to do whatever he wanted, as he was married to the

owners daughter and this made him uncomfortable the agent said he left the AIM as a result of this activity.

 

We had been in the business for a few years for the most part funded by credit cards that my mother and I had qualified for, and at

some point we had contacted Smart to get some of our money.

 

I had a few conversations with him and he had always alluded to the fact that he really did not have the access to the money he claimed

he did, neverthe less he did come to our Hermosa Beach store to meet my mother and I, (as it turned out for the only time we would

ever meet outside a courtroom) and we would all go for sushi, on Smarts birthday in 2007. As it turns out now, Smart was in fact really

looking for more money to fund his Hawaii Scam and he had just used my mother’s credit
to purchase a home and obtain a loan in her name from victim Padilla ‘s mother. Mom had no idea what he was doing.

 

Chapter 3 Get Smart

 

As I was progressing with the investigation it was becoming more and more clear that Smart was just a con man. I was calling each of his victims and the story was becoming more and more clear. Each person that I would talk too would tell me the same thing over and over again. Smart promised the world and everyone was a victims. What become more and more funny as the investigation continued was that Smart was full of himself and was now claiming, that thiswhole affair was my fault, something that was simply a joke to anyone that knew the guy, yet that was his story and he seemed willing to stick to it.

By asserting that I was somehow involved in his dealing Brian J Smart had provided me with the incentive to take this to the limit. Not only was it ridiculous but by trying to claim that I was in some way responsible, Smart had “fed a fire” that I was ultimately going to have to extinguish. He would tell people that I had ruined the Hawaii deal by making phone calls, something that was utterly ridiculous but it seemed to keep him going.

By this time it had become for the most part a full time job. Smart had left a trail and I was on it. I posted everything that I found,

including the trail of documents that the recorders offices had provided in Utah as well Hawaii and California. As discoveries were made, I would make contact with victims whom by this time had grown into 3 categories of people. The elderly woman that he first victimized, this group started with my mother and her best friend Dagmar Lee, then the second stage during his final months here in California.

The third stage of Smarts victims seemed to be anyone that he could get his hooks into. Rather remarkably Smart had even obtained money from his Wife’s family, many of whom already know the guy was a crook, yet somehow his fast talk was able to overcome this.

I established a routine, to enable me to gather info, share that info and have cognitive conversation with the people that I needed to share this with. California DOI Agent Patokas was one of the first stops, I would also review my discoveries with attorney Greg Grantham, whom has represented me in matters before the courts from time to time. Frank Winger was from the first year or so also in the loop. Winger’s reaction during our first conversation really shocked me. “Put him in Jail where he belongs” Winger told me when I first spoke to him. Considering that Winger was a Insurance Broker this really startled me. I could only wonder how many people, like my mother were victims of his total lack of concern for the customers that he was offering “Financial Security” too, as it said on his website. Clearly he knew far more than he was telling me, as I was to later find out in the SEC Depo transcript of Smart, that was offered in support of the motion for summary judgment that the SEC had filed upon Smart offering a glimpse into Wingers dealings. Smart had been administered a Polygraph test and Winger had suspected Smart was stealing company Checks.

Smart it would seem had undertaken any number of deals over the years, “flipping” homes and in Park city Utah, a place that I once lived in the 1980’s and worked as a DJ on KPCW the Park City radio station, Smart had been involved with Derett Harding in a project that seemed to have gone bad, that was to have been a rather large undertaking, Smart was planning on developing a number of homes, and from review of the records it looks like he was burned by the Agent on the deal, yet he took one of the parcels and had Harding create a LLC called Threat Inc., sold a parcel to Threat and then executed a Power of Attorney from Harding to Smart to allow Smart to pretend to be Harding. Wow.

Maintaining the website was likehaving a public cork board that anyone could review and see for themselves what the guy had done and make up your own mind.

It was at this same time that the Hawaii deal came to be according to the time line that I had established. Clearly Smart needed money for his Hawaii deal to move forward. One of his deals had resulted in a net loss of over 700 K, a warehouse in California that he did a hard money loan on and lost everything, Smart clearly was not too Smart when it came to money. Smart and Harding using the Park City parcel were able to obtain money that was used as deposit money, from the Maui deal.

One of the most difficult things that I had to undertake was to find the location of the parcel in Maui that Smart was working on. The drawings that Mom had were using the name Snowpalm. Utah records showed a Snowpalm registered to Harding,at a address that records show were also tied to Smart & a Mr. Robert McDermott, a new name that was also associated to come of the records I had found at the Maui records office, whom had also provided me with a new company name, Isopia Estates.

One of my regular calls, on a weekly basis was the front desk at the SEC. I had a case number already assigned and I would call them requesting that the agency review the new data on my website and press charges. Not one of the victims had any money left, after Smarts fleecing’s and that made it really had to find a attorney in California that would take the case, I had tried to find an attorney to do it on contingency but it was just too overwhelming for them so my only hope really was to get a government agency to do it for them. By this time it was nearing the end of 2008, Obama had won the election and suddenly, in December 2008 Madoff hit the press and the SEC, I noticed started reviewing my website www.brianjsmart.com with more regularity.

On Feb 22, 2009, I received a phone call from a number that was in the 202 area code. It was rather early and I answered the call to hear a team of attorneys introduce themselves. Attorney Eherman started by introducing attorney Fitzsimmons next was attorney Krowitz, and then he started to askabout the data on the website. By this time I had the pitch down as I had gone over things regularly with attorneys at firms that advertised Security fraud help, yet none were ever able tograsp the case let alone help, so my pitch was honed and ready. We must have spent at least an hour talking reviewing the documents and going over things. I was asked to help administrate a call with the victims that I had identified and told them that we could do so the next day.

After the call I was motivated, at long last some movement. I called each victim and explained what took place and set times a hour apart for each to talk with the SEC. The next day, like clockwork each call with the investigators was limited at a hour and I spent the day making sure each got the story off, as best as possible. Each victim was asked to do a declaration and we moved down the line, one by one. Getting the stories off the the SEC staff.

 

Turns out that Smart was the next day noticed the he was going to be questioned and one can only imagine he must have flipped. He

was unaware that we were following his wife’s blog that showed he took one of his children to dinner, unshaven and looking scared out

of his mind.

 

I was continuing to feed the data feed, on the one page website that I had been posting all the courts documents to, and I had been

following the SEC press release page, when in March of 2009 a press release from them stated that Smart had been sued from the

creation of a 1.7million dollar PONZI.

 

I posted this on the site and perhaps a bit frustrated I posted the pink Floyd song “Time” on the page to entertain the readers and

perhaps in a way expresses my frustrations with the pace of the judicial process. Boy was that a understatement.

 

The process was really getting nowhere in the SEC case, and it turnsout that Smart, thinking that he was out Smartingthe Federal

Government attorneys, would plead the fifth over 500 times when he at long last showed up for the depo of Smart assets, claiming that

he could not afford an attorney and playing silly games with the SEC crew, smartwould play stupid, over and over and over again to try

and outwit these men. One thing was for sure Smart, was not toosmart.

 

Smart was, during the months that lead up to the SEC case receiving by weekly Checks from Allen and Wendell Jacobson, as he had

already cut a deal with them that resulted in entitlementchecks, as the check register would later show, but he told the courts, the SEC

and his attorneys he was broke, and needed more time. Smart continued to ask from more time over and over again, once rather

foolishly faxing from the Marriot in Newport Beach a request to the SEC for more time to answer the complaint. The SEC posted this on

 

Pacer.gov, the Federal court document website that I had become an expert at reading and when I saw that I shocked at just how brazen

this guy had become. He was treating the case like it was just a fly on the wall and it had no bearing on his future whatsoever.

 

His wife Kelli kept a blog: The Smart Clan that in some part is still posted today. I well before the case started had retrieved the pages in

whole that were showing the world what a wonderful life he had, using the victims money, and it was a nice life. Travel, 7, then 8, then

9 children. A big 4300 sq foot home with all the bells and whistles. It was according to a realtor in the area the only 2 story home in the

area, he had everything that the 9 children could want and certainly far more than most children ever have, with a in ground trampoline

wonderful features built ins and yard improvements that had to of cost tens and tens of thousands of dollars. The kids jungle gym alone

was a monster of a contraption in itself but the guy had created mounds, and sitting areas as well as built in BBQ and a industrial

popcorn maker, all using stolen money and he was smart enough to let his wife show off the “plunder and booty” to his many friends

and business partners.

 

While I was gathering the information that was provided to the SEC, one of the victims from Arizona it turns out had in fact recorded a

video of himself, talking on the phone to Smart. Ryan Smith was a friend of Frank Wingers and he and his wife had lost about 60k, small

patatos for Smart but money none the less for Smart to plunder. Smith had taken out a loan to get the money to give Smart and he lost a

home as the result of Smarts representations, well Smith whom had a friend in the FBI had been told it was ok in AZ to record the call so

he set up the camera and recorded a call with Smart, over the course of a day that it took to get Smart to talk.

 

Talking is what Smart seemed to like to do so, once Smith opened the door for conversation, Smart started running on and on about how

the economy effects the real estate market and that effects the fact that we are in a recession and that effects everybody and that the

banks aresmarter than he is and the banks are losing now.

 

Looking rather flabbergasted, Smith explains that this is a note and it says nothing about real estate. Smart just starts babbling on and

on and at some point just tells Smith, “did you hear any of what I just said”. Later I would use this video as the main intro page of the

site, and I set it to the song “Watching the Detectives”, by Elvis Castillo, a song that provided a perfect pace to this 9 minute video of

Smart talking to Smith over the phone.

 

Chapter 4 – Stall Tactics

 

Smart over and over and over again during 2009 filed requests to stall the case and give him more time for something. He even said

that during the SEC depo that he was still thinking that he could fulfill his obligations to the people that he owed money to if the SEC

would simply leave him alone. Furthering the offer to the SEC claiming that he felt the case

 

upon him was not real and it was only due to the fact that the SEC and Don Logan work so closely together.

 

Over and over again he would stall the case with motions to give him more time. He never conducted any discovery, but in reply to the

SEC motion for summary judgment that was filed 8/25/2009 Smart offers a document that reads something like a financial obituary to
anyone thatwould ever even consider signing something like this, it said that for the most part Smart could spend every dime each of

these elderly widows had and it was in no way, his fault if he lost everything and that each person had enough money to afford a

attorney if something like that happened. He offered 3 of these documents and had created 2 with the signatures of my mother as well

as Lisa Maria Padilla scanned onto them using a copy machine. Smart had now forged documents that were provided to a US Federal

Judge trying to simply stall the case.

 

A few weeks later he files a motionfor more time, Judge Kimball denied it and Smart, files for Chapter 7 on 10/23/09 and successfully

stalls the court for 1 year, but at the same time he opens Pandora’s box for his victims.

 

Chapter 5 – Let the games begin

 

Bankruptcy law has something called Adversary law parked inside. What that means is that the law allows the people effected in a

person or company bankruptcy to file a adversarial case that provides you with the legal ability to conduct discovery. Again I solicited

attorneys that wanted thousands and thousands of dollars with no end in sight, so after meeting with my mother and Dagmar, we

decided to conduct our own adversarial case to register our concerns with the court.

 

Adversarial law has its own rules and conditions; I reviewed a series of winning cases on Pacer and looked at the motions with Mom and

Dagmar, meeting each weekend to discuss our issues. Earlier mom had provided me with Power of attorney just as Dagmar did, with

Smart even telling Dagmar that “If he had known she granted Logan power of attorney he would have never gave her any more money”

shortly after he made the last bank wire to her. This guy had balls, he is not too smart but he has balls.

 

Using the SEC case as our starting point, we wrote a complaint that outlined our case, but as none of us were lawyers I wasable to insert

the data we had gathered, regarding the Maui deal into the court records. Once we had the case filed, this allowed us to do our own,

legal discovery.

 

In Febuary of 2010, I had an invitation by one of the vendors that we were working with in Thailand to come see a new design that he

had created and I booked a trip to go visit. I was on a extended layover in Tokyo airport, when I went to the executive lounge for JAL to

check my e mails only to find that I had a e mail from Smarts attorney Brook Sessions. He asked how much it would take to settle the

case. Today Sessions is a Judge in Heber City Utah.

 

Now no one would ever ask that kind of question unless he had money to in some way back it up. My reply was the total amount owed,

or about 500k due to mom and Dagmar. We exchanged some banter but this told me that Smart clearly was hiding a great deal and he

had still access to a great deal of money. Only after the State of California filed additional charges upon him in December of 2012 that

he had made omissions in a transaction that resulted in over 500k as his 15th Felony charge that the whole picture came to light.

 

Shortly after the exchange with attorney Sessions, the communications went silent with him and he did not make any further effort to

settle. I went about subpoenaing everyone that I thought was involved in the Maui deal, as I was sure this was the source of money that

he had just received.

 

Prior to the SEC involvement I had something that was a client of Attorney Grantham whom had familiarity with the commercial lending

process; reach out to Allen Jacobson, whos e mail I found in conjunction with the Maui deal. My agent as we will call him contacted

Jacobson and said he was a commercial lending agent and he was looking for projects in Hawaii. The two exchanged a few contacts and

shortly Jacobson opened the flood gates, ending in his financials as well as a spread sheet showing Smart holding 1/3rdof a 20 million

dollar project in the hills of Maui Hawaii.

 

Once we had the Adversarial case on file in the courts it allowed mom, Dagmar and I to conduct our own discovery, with one hitch: none

of us are attorneys, we had filed the case in Propria Persona, or in Pro Per, meaning we had no lawyer, so everything that was issued, i.e.

subpoena had to be issued via the court (attorneys are allowed to sing them on their own in most cases without court permission) so

every time we were going after informationit is recorded, prior to being served in the court docket. So much for the element ofsurprise,

never the less I would post the document, on the site days in advance of its issuance, showing the date that I would forecast it would hit

the records, being correct 99% of the time, it must have had a psychological effect on everyone involved broadcasting the punches so to

speak.

 

Using attorney Sessions to file motions to dragon our case, he filed motions for hearingss that were never set and when Judge Boulden

left the bench he was able to get a 6 month stall to our case, yet our efforts continued. We issued a number of civil subpoenias and had a

former police officer and PI in Utah serve them.

 

Attorney Sessions filed a motion to the BK courts claiming that I was acting like a attorney, and the case should be dismissed, so both

mom and Dagmer replied in objection and I explained that I was offended by his assertions, that I was a “Bad Actor” and offering that I

had never “acted” likeanything other than a concerned son and the trustee of aIntervivos trust in thiscourt case continuing to offer the

court the fact that I was once the Swat Team Commander in the old movie “Cobra” with Stallone but I had never acted like a lawyer in

real life or on TV.

 

Attorney Grantham many years ago once told me, with regard to the legal process “I know how to play the game” and frankly any

attorney that was watching this case will tell you the

 

same. After I returned in February of 2010 and attorney Sessions never replied to the e mails about settlement, I decided a makeover for

the website was in order and I went to work.

 

Chapter 5 – The new deal

 

I knew that Smart had received money, and after watching the total lack of abilityfor the SEC to recover a dime the receiver Robert Wing

had filed a document stating that Smart had nothing left. I knew better. I had broken down the website into sections that using IP

numbers clearly showed who was interested in what and I continued to feed this data to whomever would view it. Texas and Hawaii had

hits every just for the most part on anything to do with that transaction. People around Utah and California were interested in the

dealings of the SEC case and Smart himself who IP I uncovered early on was on it often to see perhaps what we were up to.

 

Just prior to the SEC case being filed I had reached out to Derett Harding and Todd C Smith, whom were tied to and in fact living in Maui

on site. Harding never said a word, but Smith he was a talker. When I first discovered the Maui deal I had in fact called the attorney

forthe seller the Von Tempski family. We spoke for some time and he said that “some guy named Smith got involved and he thinks that

is who has been ripping people off”, then he quickly ended the call.

 

Again I contacted Smith whom in a e mail said that he had obtained 150k from Smart on a loan and he had to pay back 700k. It was

getting deep. He had said that Smart was a lair and he “Told Smart to not lie so much” and as I quizzed him further via e mail he too

went silent.

We drafted subpoenas for banks involved and the Jacobson’s whom hires attorney Mark Stubbs, sharing those subpoenias with the SEC sending it to Fitxsimmons, Melton, Erhman and others on July 24th 2010 (3 days AFTER the OWB was foirmed by Dodd Frank) Jacobsons attorney quickly filed a motion to quash (disallow) the subpoena on the grounds of once again bad acting.

It was the summer of 2010 and we, mom Dagmar and I had had enough, I filed a epic reply to the motion and included everything we had. It was a 20 pound 250 page pile of everything we had on the. Maui deal demanding a order to compel the production of these documents. Attorney Stubbs offered to accommodate our requests and then took part in a 3 month game of hide and seek, even demanding at one point that Icome to Utah and get them. It was ridicules and clearly designed in a effort to obstruct justice. After 3 months a hocus pocus with the documents that were clearly deigned and assembled to confuse our research, the box showed up at attorney Grantham’s office. I scanned them and forwarded them, all of them to the SEC & the FBI in October of 2010. My server log files showed that the files were accessed for a total of 4 hours, by the SEC.

 

For the most part, the SEC remained silent for the better part of the case, yet the attorneys would always make a effort to reply to the

critical issues that I made points in. Never the less the case I can only assume had to open the eyes of many people at the SEC and the

SEC would on a regular and almost daily basis review the site according to my web logs the SEC’s IP number, one that had become well

known to me by this time was on the site almost every day.

 

Knowing this I kept the pressure up. Each time I would find new data, or ready a motion forthe Adv case, I would post it, on the site and

the SEC followed the action with daily regularity with the last file viewed, being the last file posted.

 

Things were quite for awhile and I had been going over what the Jacobson’s had produced, it did not inany way coincide with the story

and it frustrated the hell out of me. I would review them over and over again with the team, Patokas (Criminal) as well as Grantham

 

On 06/08/2011 the FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Dale A. Kimball on 6/6/11 was entered into the

docket on Pacer. We had already worked up our own Motion for Summary Judgment and by 6/23/2011 I had mom forward it to the

Courts. It was in fact the mother of all our motions with close to 30 pounds including all the copies, plus the copies for each Smart as

well as his attorney. Again Smarts attorney attacked me and at that time we went to the Law Firm of Squeriti and Fearon, in New York

whom were kind enough to take over and step in to finish up our judgment. At the first hearing on our motion, the court had all three

of uson the phone, and the Judge said that he would be inclined to grant it on the basis of Res Judicata (also known as claim preclusion,

is the Latin term for “a matter [already] judged”,) but he needed some cleanup on the proposed order. Attorney Squeriti stepped in and

was kind enough to travel to Utah for the final hearing.

After the case I went to Hawaii to take a break, and research the Maui deal. It was so hard researching the case from the mainland, so I

packed up a bag, loaded my bike in a box and headed to the Island. My good buddy has a house in Oahu and I had a couch waiting for

me. My old friend Gary picked me up at Honolulu airport and after loading the bike and my bag, this would be the only time for a week

that I would be inside a car during the whole trip.

It was great, this was the first break I had seen for a while yet I planned to go to the hall of records and do pictures daily as I rode

around. My first day I rode into the city and did some wonderful photos. Many of them can be seen on the Wikipedia pages for the Island

and its senic areas. During my trip I on the last day was able to finally take a ride to the recorders office and review the records.

After taking over the case Attorney Squiriti served Allen and Wendell Jacobson with notices of depositions and we were ready to set a

date. Suddenly and without prior request Squiritis office in New York received a large box from the Jacobsons of new documents that set

in place a series of events that was looking back remarkable to say the least.

I knew that the Jacobson case was a powder keg and Smart site had a section devoted to it. I would update the page from time to time,

with the latest data from that case, but it was a whopper, to put it lightly, the case docket was in a year at over 700 entries. That is for

any civil case staggering, but reading all of them was well frankly speaking: overwhelming.

On 12/05/2011 The US Bankruptcy court rendered a signed judgment in the favor of the plaintiffs for 641 thousand dollars that is in

fact none dischargeable for the balance of his life. To say the judicial process is slow is a truly frustrating understatement.

Six months had passed and I could not help but wonder as to if when and when the state of California would charge Smart with the

criminal aspects of what he had done. My talks with Agent Patokas were slowing down and I had handed off the cases to the attorney in

New York, so the only thing that I was left to do was to update the website with whatever motions or actions that the civil case with the

Jacobsons. I continued with the reviews of the files and motions as well as my contact with Patokas, updating him on the statis of the

civil cases as well as my own discoveries each week. By this time much of the diolog with the many victims had ceased and with the

exception of Lisa Maria Padilla and Dagmar, only my mother and I would really discuss the court matters.

Brian J Smart

 

victims: Katherine Logan Brown (mom) 71 year old Interior Designer. (widow)

 

Dagmar Chaplin Lee 67 year old artist from Laguna Beach (widow)

 

Virginia Padilla 82 year old widow from LA

 

The OBrians, (unknown to me)

Complex crimes are a lot like flying a plane, or sailing a boat. It is not easy to unwind the dealings of a psychopath, much less one that

has moved 3 states away, but it can be done. Pilots & Yachtsmen have a rather unique approach to life.

personalities:

Brian Jared Smart criminal
Kelli Winger Smart, criminal wife
9 (nine) assorted children of the criminal – 2 concived during the investigation
Lisa Maria Padilla, daughter of Virginia.
Staff member of the CIA (she told me she drafts the daily global security reportsfor the president of the United States)
Tom Patokas, Investigator California Department of Insurance police officer
Kelli Smart, Brians Wife

 

Frank Winger, owner AIM association Anaheim CA Kellis father and Brians Father in Law
Derett Harding, Smart sidekick “a”
Todd C Smith, Smart sidekick “b”
Allen and Wendell Jacobson, accused PONZI scammers (SEC V Management Solutions Inc.) and former business partners to Brian J Smart

in “The Maui Scam” Robert McDermott Travis Winger & Jared Winger A quiver of attorneys all over the US
Gregory Grantham – Newport beach private attorney
Robert Wing – SEC Receiver for B Smart, today he is an Attorney for Allen and Wendell Jacobson
Grant Moody – Smart SEC attorney 1
Gorden Duval – Smart attorney 2& city attorney Lehi city
Steven Loosle – Smart SEC attorney 3 & Wingers attorney
Brook Sessions – Smarts Bankruptcy attorney

Christopher Erhman: SEC Staff Sr Attorney now head of the WB program for the commity andd exchange commision
Brian Fitzsimmons: Sr SEC attorney on the Brian Smart case
Thomas Melton, SEC Attorney on SEC V Smart & SEC v Jacobsons

Mark Stubbs – attorney Jacobsons & McDermotts

Kerren Kenney – Smarts Criminal Attorney – 12 years in the PD’s office, this is her first case
as a private attorney, former Rams cheerleader, once featured in October 1990 Playboy’s
Girl of the Big West pictorial.

Lee Squiriti – Attorney to victims Brown – Pedilla and Chaplin Lee.
SEC: Brian T. Fitzsimons – Christopher C. Ehrman – Thomas M Melton – Jacob D. Krawitz
FBI Agent: Argyle (Provo)

 

__________________________________________________________________________________________________
Locations: Salt Lake City UTAH – Lehi UTAH Smart Home – Orange CA Smart home – Anaheim CA AIM Association – Victims Brown home

Irvine – Lee Laguna Beach – Sushi Bar, Hermosa Beach CA – D Logan home – Newport Beach CA – Tokyo International Airport – Fountain

Green Utah – Texas  – Washington DC