Randy Kelton says Bob Hurt is "MEAN?"

Dear Randy Kelton:

Rumor has it that you referred to me as "Mean" on Talkshoe.  I write this in response.  Feel free to promulgate it to others.

First of all, I have never met you in person, but when I mused over the spanking a Texas judge gave in a foreclosure defense effort, and you said you lost the case intentionally, I concluded that you are a better enemy than friend to foreclosure victims, and I wrote something similar on the LivingLiesTheTruth.com blog.  Maybe that's why you think I'm mean. As I see it, anyone who would lose a foreclosure case on purpose is mean.

I used to put on seminars to teach foreclosure defense. I quit after I concluded that NEARLY ALL foreclosure defenses fail utterly because borrowers agreed to allow foreclosure for failure to make timely loan payments.  At best, most typical foreclosure defenses have standing as their basis, and ultimately the right party with standing will come forth, foreclose, and force a sale of the property, OR the borrower might convince the creditor to take a keys-for-cash or other deed-in-lieu-of-foreclosure deal.  And sometimes the borrower can arrange for the creditor to approve of a short sale. 

In any case, foreclosure defense efforts result in the borrower LOSING the house, LOSING all the cost of the defense, LOSING at least part of opponent's attorney fees and costs, and LOSING in terms of the emotional wear and tear on the family.  A temporary dismissal of a foreclosure action is NOT a win.  It's a dilatory ploy that violates bar rules, and actually just prolongs eventually losing the foreclosure defense effort.

I concluded after some investigation that fraud and other tortious conduct, legal errors, contract breaches and regulatory violations underlie MOST home loans of the past 15+ years, and that gives salient causes of action to borrowers who choose to go on the attack and seek damages in court or in negotiated settlement.  

So I created the Mortgage Attack web site to teach people to ATTACK the perpetrators of those causes of action.  As you will see from  a careful examination of the web site, I explain why foreclosure pretender defender attorneys (and similar practitioners) are nothing more or less than SCAMMERS trying to bilk their feckless clients out of money while leading those clients inexorably into the jaws of foreclosure.  And I do not charge any money for giving people that education.

I do, however, recommend to all mortgagors that they enlist the services of a competent mortgage examiner who will find all the causes of action underlying the loan transaction and related events throughout the life of the loan, including litigation.  I know only one firm competent enough to do that job, and I refer interested parties to that firm at NO CHARGE.  Sure, the company charges a fee for that service, but it is about 1/3 of what a lawyer would charge IF the mortgage victim could find a lawyer competent to do the work, which he cannot.

It takes a monumental amount of knowledge and skill to find all the causes of action underlying the loan transaction.  An investigatory team must know cold and have a profound WORKING KNOWLDGE of all the regulatory state and federal laws including FDCPA, FCRA, HOEPA, TILA, RESPA, ECOA, HAMP, HARP, etc., all the typical means of cheating borrowers, the intricacies of appraisal and lending practice and scams, mortgage lending processes nationwide, meticulous details of uniform lending instruments, contract law, tort law, statutes of limitations, unique laws, rules, and binding court opinions of various jurisdictions related to mortgage/deed-of-trust lending, the intricacies of mortgage loan servicing, loan modifications, forebearances, bankruptcies, foreclosure actions, non-judicial foreclosure process, note assignments, Federal and State rules of evidence, civil procedure, and LITIGATION PRACTICE.  The team must examine the appraisal, loan application, note and allonges, security instrument, closing documents, escrow statements, servicer/creditor correspondence, legal notices, AND court filings, pleadings, petitions, motions, notices, transcripts, rulings, opinions, judgments, and orders.

WHO, Randy Kelton, DO YOU KNOW with that kind of knowledge and skill?  Certainly none of the pompous pretenders pontificating about mortgage litigation on TalkShoe beyond the point of embarrassment.

Let me tell you what I consider constitutes "HELPING" a mortgagor facing foreclosure:

1. Tell him the truth that he deserves to lose the house for failing to make proper, timely monthly payments and/or maintain the property in accordance with the loan security instrument.
2. Tell him the truth that his best way of negotiating a loan mod favorable to him OR of winning MONEY DAMAGES is to get a competent loan examination team to examine all the documents and circumstances having anything to do with that loan from day zero to present time, including litigation documents, to FIND the proof of his injuries, present the statement of injuries with evidence to the creditor and other injurious parties, then demand settlement or sue.
3. Tell him the truth that hiring a team to do that can easily cost $5,000, and if he cannot afford that, then ...
4. Tell him the truth that the honorable thing to do is to sell what he doesn't need, rent another dwelling, call 800-689-8684 (Allied Van Lines) to schedule the family's move, pack the household belongings, hand the keys to the creditor/servicer, shut off the utilities, and MOVE.
   
5. Tell him the truth that attacking standing through responsive pleading or declaratory judgment / quiet title action will at best prolong the agony of loss of the property.
6. Tell him the truth that short sale or deed in lieu of foreclosure are the best options if he cannot go on the attack, because those will minimize the damage to his credit rating.
7. Tell him the truth that foreclosure defense through the courts will cost him money that he needs to save for moving his family, that he will ultimately lose, and that he will end up having to pay not only his own legal fees and costs, but also his adversary's legal fees and costs.
8. Tell him the truth that a loan modification is ONLY for people who can actually pay their mortgage payments fully and timely, and it is not for mortgagors who must struggle to pay because the balloon that comes due will put them right back into foreclosure if they are typical.
9. Tell him the truth that a foreclosure battle can damage him and his family emotionally, and even cause the family to break up.

If you sell your mortgage rescue services to people WITHOUT telling them all the above, then how does my warning people to beware of your service make ME "MEAN?"

Oh, you want to know WHO does that mortgage examination service that you cannot do because of your paucity of technical knowledge and meager experience?

Mortgage Fraud Examiners

I have yet to find ANY comparable service anywhere.

Winston Shrout Sentencing set for 26 Sept 2017

I have attached Winston Shrout's jury verdict, guilty on 19 counts -

• 7 counts of making or producing a fictitious financial instrument
• 3 counts of presenting or passing a fictitious financial instrument
• 3  counts of mailing or shipping a fictitious financial instrument
• 6 counts of willful failure to file an income tax return (for years 2009 - 2014)

Patriot Myth Monger Winston Shrout will spend years in prison (and possibly die there) for practicing what he preached - bogus methods of obtaining undeserved money and of not paying taxes.  He might have fared better by following David Myrland's or Pete Hendrickson's recommendations for avoiding payment of taxes one does not owe.  See below Winston Shrout's docket report as of today, from PACER.GOV.

If you have sat at the feet of a patriot myth monger, hanging on his every word, struggling to squeeze sense out of his preachments and absorb them into your being, pay heed to the fate of Winston Shrout.  We don't know its full impact on his life, and we certainly cannot envy it.  He could have avoided the fate had he not tried to "Trick" the system by embracing mythological nonsense about the US Government and our status and obligations under the law.

If you have followed a patriot myth monger, seek competent legal counsel before you get into serious trouble.

Shrout managed to get his sentencing date postponed to 2/20/2018.

COMPLEX, JT, PROTECTIVE ORD,

U.S. District Court
District of Oregon (Portland (3))
CRIMINAL DOCKET FOR CASE #: 3:15-cr-00438-JO-1

Case title: USA v. Shrout

Date Filed: 12/08/2015

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Assigned to: Judge Robert E. Jones
Defendant (1)
Winston Shrout	represented by	Ruben L. Iniguez Office of the Federal Public Defender 101 SW Main Street Suite 1700 Portland, OR 97204 (503) 326-2123 Fax: (503) 326-5524 Email: ruben_iniguez@fd.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment
Pending Counts		Disposition
26:7203 - Willful Failure to File Return (1-6)
18:514(a)(1) - Fictitious Obligations (1s-7s)
18:514(a)(2) - Fictitious Obligations (8s-10s)
18:514(a)(3) - Fictitious Obligations (11s-13s)
26:7203 - Willful Failure to File Return (14s-19s)
Highest Offense Level (Opening)
Felony
Terminated Counts		Disposition
None
Highest Offense Level (Terminated)
None
Complaints		Disposition
None

---

Plaintiff
USA	represented by	Stuart A. Wexler Department of Justice Tax Division 601 D Street NW Washington, DC 20004 202-514-5496 Fax: 202-514-9623 Email: stuart.a.wexler@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Lee Langston Department of Justice Tax Division 601 D Street NW Washington, DC 20001 914-373-1566 Email: Lee.F.Langston@usdoj.gov ATTORNEY TO BE NOTICED Ryan R. Raybould Department of Justice Tax Division - Western Criminal Enforcement Section 601 D St., NW Room 7374 Washington, DC 20004 202-514-5624 Email: ryan.r.raybould@usdoj.gov TERMINATED: 04/06/2017 Designation: Retained

Date Filed	#	Docket Text
12/08/2015	1	Indictment (Redacted) as to Winston Shrout (1) count(s) 1-6 Willful Failure to File Return. (sss) (Entered: 12/08/2015)
12/08/2015	2	Indictment Unredacted Version Filed Under Seal as to Defendant Winston Shrout. (sss) (Entered: 12/08/2015)
12/08/2015	3	Defendant Information Relative to a Criminal Case Sheet as to Defendant Winston Shrout. (In accordance with Fed. R. Crim. P. 49.1 this form document containing personal data identifiers is filed under seal). (sss) (Entered: 12/08/2015)
12/08/2015	4	Notice of Case Assignment to Judge Robert E. Jones. (sss) (Entered: 12/08/2015)
12/11/2015	6	Summons Returned Executed on 12/8/2015 as to Winston Shrout (sss) (Entered: 12/14/2015)
01/07/2016	7	Order Setting Conditions of Release as to Defendant Winston Shrout. Signed on 1/7/2016 by Magistrate Judge John V. Acosta. (nini). (Entered: 01/07/2016)
01/07/2016	8	Minutes of Proceedings: First Appearance before Magistrate Judge John V. Acosta as to Winston Shrout held on 1/7/2016. AFPD Ruben L. Iniguez appointed as "advisory counsel" for defendant Winston Shrout. ORDER: SETTING over Arraignment is set for 2/3/2016 at 09:30AM in Portland Courtroom 10A before Judge Robert E. Jones. Also setting for 2/3/2016 a further Status Conference and Plea. FURTHER ORDERED - GRANTING the parties request to WAIVE the 14 day discovery deadline. Defense counsel ORDERED to send Mr. Shrout a copy of the minutes of this proceeding. Counsel Present for Plaintiff: Stuart Wexler. Counsel Present for Defendant: Ruben Iniguez. (Court Reporter FTR(pg)11b) (peg) (Entered: 01/08/2016)
01/20/2016	9	Notice (Titled by filer as: Notice of Appointment and Acceptance and Lien and Invoice. ) Filed Pro Se by Winston Shrout. (sss) (Entered: 01/21/2016)
01/20/2016	10	Notice (Titled by filer as: Notice of Liquidation ) Filed Pro Se by Winston Shrout. (sss) (Entered: 01/21/2016)
01/29/2016	11	Notice by USA as to Winston Shrout Concerning Arraignment Hearing Set for February 3, 2016 (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C) (Wexler, Stuart) (Entered: 01/29/2016)
02/03/2016	12	Minutes of Proceedings:Arraignment Hearing held on 2/3/2016 before Judge Robert E. Jones for Defendant Winston Shrout regarding Winston Shrout (1) Count 1-6. Defendant advised of rights and charges. Record of Faretta hearing. Court finds that defendant is competent and that he knowingly and intelligently waived his right to representation of counsel. Defendant may proceed pro se with the Federal Defender present as advisory counsel. Not guilty plea entered. Order that Discovery is due in 14 days. Defendant was advised of trial rights. Defendant waived his speedy trial rights pursuant to 18 U.S.C. § 3161(h)(7)(A). Jury Trial is set for 5/3/2016 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A. Defendant remains on pre-trial release pending jury trial.Counsel Present for Plaintiff: Stuart A. Wexler.Advisory Counsel Present for Defendant: Steve Sady for Ruben L. Iniguez.(Court Reporter Jill Jessup) (bp) (Entered: 02/03/2016)
02/03/2016	13	Notice of Assignment of Reversionary Interest and Status as to Winston Shrout (Attachments: # 1 Exhibits A - K) (sss) (Entered: 02/03/2016)
02/09/2016	14	Motion for Disclosure and Protection Order filed by USA as to Defendant Winston Shrout. (Attachments: # 1 Proposed Order) (Wexler, Stuart). (Entered: 02/09/2016)
02/10/2016	15	ORDER Granting 14 Motion for Disclosure and Protective Order as to Winston Shrout (1)Signed on 2/10/2016 by Judge Robert E. Jones. (sss) (Entered: 02/10/2016)
02/22/2016	16	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Arraignment and Faretta Hearing as to Defendant Winston Shrout for date of February 3, 2016, before Judge Robert E. Jones, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/3/2016. Redaction Request due 3/17/2016. Redacted Transcript Deadline set for 3/28/2016. Release of Transcript Restriction set for 5/26/2016. (jjcr) (Entered: 02/22/2016)
03/15/2016	17	Superseding Indictment (Redacted) as to Winston Shrout (1) count(s) 1s-13s Fictitious Obligations, 14s-19s Willful Failure to File Return. (sss) (Entered: 03/16/2016)
03/15/2016	18	Superseding Indictment Unredacted Version Filed Under Seal as to Defendant Winston Shrout. (sss) (Entered: 03/16/2016)
03/15/2016	19	Defendant Information Relative to a Criminal Case Sheet as to Defendant Winston Shrout. (In accordance with Fed. R. Crim. P. 49.1 this form document containing personal data identifiers is filed under seal). (sss) (Entered: 03/16/2016)
03/16/2016	20	Scheduling Order by Judge Robert E. Jones as to Winston Shrout. Arraignment is set for 3/31/2016 at 10:00AM before Judge Robert E. Jones in Portland Courtroom 10A. (bp) (Entered: 03/16/2016)
03/24/2016	22	Summons Returned Executed on 3/18/2016. as to Winston Shrout (sss) (Entered: 03/25/2016)
03/25/2016	23	Motion(Titled by filer as: Plea in Bar and Demand for Written Bill of Particulars True Bill in Commerce of Necessity ) by Pro Se Defendant Winston Shrout. (Attachments: # 1 Memorandum in Support) (sss) (Entered: 03/28/2016)
03/28/2016	24	Motion for Hearing Concerning Faretta, Trial Date, and Modification of Release Conditions filed by USA as to Defendant Winston Shrout. (Attachments: # 1 Attachment) (Wexler, Stuart) (Entered: 03/28/2016)
03/31/2016	25	Motion to Amend/Correct Motion for Hearing Concerning Faretta, Trial Date, and Modification of Release Conditions 24 filed by USA filed by USA as to Defendant Winston Shrout. (Attachments: # 1 Attachment Screenshots of the "Products" Section of http://www.wssic.com/ (presented at http://www.wssic.info/)) (Wexler, Stuart) (Entered: 03/31/2016)
03/31/2016	26	Minutes of Proceedings: Arraignment and Faretta Hearing held before Judge Robert E. Jones as to Defendant Winston Shrout (1). Defendant advised of rights and charges, and waives reading of the Superseding Indictment. Defendant proceeds as named. The Court finds that defendant is competent and that he knowingly and intelligently waives his right to representation by counsel. Defendant may proceed Pro Se with Assistant Federal Public Defender Ruben L. Iniguez appointed as advisory counsel. The Court declares the case Complex. Not guilty plea(s) entered to Superseding Indictment. Defendant advised of trial rights. Defendant waives his speedy trial rights pursuant to 18 U.S.C. § 3161(h)(7)(A). ORDER - Final Pretrial Conference is set for 6/1/2016 at 9:00 a.m. before Judge Robert E. Jones in Portland Courtroom 10A. A 2-Week Jury Trial is set for 6/7/2016 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A. The 5/3/2016 jury trial is STRICKEN. Defendant to remain on pre-trial release pending jury trial with added special release conditions as stated on the record. Counsel Present for Plaintiff: Stuart A. Wexler.Advisory Counsel Present for Defendant: Ruben L. Iniguez.(Court Reporter Jill Jessup) (pg) (Entered: 03/31/2016)
03/31/2016	27	Clerk's Notice of Mailing a copy of minute order 26 as to Winston Shrout4320 NE Azalea St, Hillsboro, OR 97214 on 3/31/2016. (pg) (Entered: 03/31/2016)
03/31/2016	28	AMENDED Order Setting Conditions of Release as to Defendant Winston Shrout. Signed on 20160331 by Judge Robert E. Jones. (chso). (Entered: 03/31/2016)
04/04/2016	29	Response to Motion by USA as to Winston Shrout regarding Motion for Order 23 filed by Defendant Winston Shrout (Attachments: # 1 Attachment Faretta Advisement) (Wexler, Stuart) (Entered: 04/04/2016)
04/05/2016	30	ORDER Denying 23 Motion titled by filer as: Plea in Bar and Demand for Written Bill of Particulars True Bill in Commerce of Necessity as to Winston Shrout (1)Signed on 4/5/16 by Judge Robert E. Jones. (schm) (Entered: 04/05/2016)
04/15/2016	31	Motion to Dismiss by Defendant Winston Shrout. (Attachments: # 1 Memorandum) (sss) (Entered: 04/18/2016)
04/15/2016	32	Notice of Default of Plea in Bar and Demand for Written Bill of Particulars True Bill in Commerce of Necessity. Filed Pro Se by Winston Shrout. (sss) (Entered: 04/18/2016)
04/15/2016	33	Notice of 1099A. Filed Pro Se by Winston Shrout. (sss) (Entered: 04/18/2016)
04/18/2016	35	ORDER Denying 31 Motion to Dismiss as to Winston Shrout (1)Signed on 4/18/2016 by Judge Robert E. Jones. (Mailed to Defendant this date.) (sss) (Entered: 04/19/2016)
04/19/2016	34	Response to Motion by USA as to Winston Shrout regarding Motion to Dismiss 31 filed by Defendant Winston Shrout (Wexler, Stuart) (Entered: 04/19/2016)
04/27/2016	36	Notice by USA as to Winston Shrout to Introduce Expert Witness Testimony and Summaries of Voluminous Evidence (Attachments: # 1 Exhibit William C. Kerr Curriculum Vitae, # 2 Exhibit Kristin B. Emminger Curriculum Vitae) (Wexler, Stuart) (Entered: 04/27/2016)
05/04/2016	38	Motion to Clarify and Request for Hearing of Necessity filed by Defendant Winston Shrout. (Attachments: # 1 Memorandum) (sss) (Entered: 05/05/2016)
05/04/2016	39	Motion for Identity Hearing and Production of Rule 5(c)(3) Identity Affidavit of Necessity. Filed Pro Se by Defendant Winston Shrout. (Attachments: # 1 Exhibit A, # 2 Memorandum in Support, # 3 Exhibits A and B to Memorandum) (sss) (Entered: 05/06/2016)
05/05/2016	37	Notice by USA as to Winston Shrout Rule 404(b) Evidence (Raybould, Ryan) (Entered: 05/05/2016)
05/09/2016	40	Notice by USA as to Winston Shrout of Intent to Introduce Records Pursuant to Federal Rules of Evidence 803(6) and 902(11) (Wexler, Stuart) (Entered: 05/09/2016)
05/09/2016	41	ORDER Denying 38 Motion to Clarify and Request for Hearing of Necessity as to Winston Shrout (1); Denying 39 Motion/Request for Identity Hearing and Production of Rule 5(C)(3) Identity Affidavit of Necessity as to Winston Shrout (1).Signed on 5/9/2016 by Judge Robert E. Jones. (sss) (Entered: 05/10/2016)
05/10/2016	42	Clerk's Notice of Mailing as to Winston Shrout regarding Order on Motion for Order, Order on Motion for Hearing,, 41 (sss) (Entered: 05/10/2016)
05/11/2016	43	Motion for Discovery filed by USA as to Defendant Winston Shrout. (Raybould, Ryan) (Entered: 05/11/2016)
05/11/2016	44	Supplemental Notice by USA as to Winston Shrout Intent to Use 404(b) Evidence (Attachments: # 1 Attachment) (Raybould, Ryan) (Entered: 05/11/2016)
05/11/2016	45	Motion in Limine to Preclude Certain Exhibits and Testimony filed by USA as to Defendant Winston Shrout. (Wexler, Stuart) (Entered: 05/11/2016)
05/12/2016	46	ORDER on 43 Motion for Discovery as to Winston Shrout (1)Signed on 5/12/2016 by Judge Robert E. Jones. (Mailed to Defendant Winston Shrout this date.) (sss) (Entered: 05/13/2016)
05/17/2016	47	Second Notice by USA as to Winston Shrout Intent to Use 404(b) Evidence (Attachments: # 1 Attachment) (Raybould, Ryan) (Entered: 05/17/2016)
05/17/2016	48	Motion in Limine for Pretrial Determination of Admissibility of Certain Evidence filed by USA as to Defendant Winston Shrout. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Attachment) (Wexler, Stuart) (Entered: 05/17/2016)
05/17/2016	49	This filing includes a conventionally filed DVD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF., Exhibit C by USA as to Winston Shrout regarding Motion in Limine for Pretrial Determination of Admissibility of Certain Evidence 48 filed by Plaintiff USA (schm) (Entered: 05/18/2016)
05/17/2016	50	This filing includes a conventionally filed DVD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF., Exhibit F by USA as to Winston Shrout regarding Motion in Limine for Pretrial Determination of Admissibility of Certain Evidence 48 filed by Plaintiff USA (schm) (Entered: 05/18/2016)
05/18/2016	51	Unopposed Motion to Continue / Reset Jury Trial Date by Defendant Winston Shrout. (Iniguez, Ruben) (Entered: 05/18/2016)
05/18/2016	52	ORDER by Judge Robert E. Jones: WITHDRAWING the Motion to Continue / Reset (# 51 ) as to Winston Shrout at the request of counsel. Counsel indicated it was inadvertently filed prior to conferral. (eo) (Entered: 05/18/2016)
05/19/2016	53	Unopposed Motion to Continue / Reset Jury Trial Date by Defendant Winston Shrout. (Iniguez, Ruben) (Entered: 05/19/2016)
05/20/2016	54	ORDER by Judge Robert E. Jones Granting First 53 Unopposed Motion to Continue Jury Trial Date as to Winston Shrout (1). The 6/07/2016 Jury Trial is STRICKEN and Jury Trial is RESET for 10/11/2016 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A. This continuance constitutes excludable delay from 6/07/2016 through 10/11/2016, pursuant to 18 U.S.C. § 3161(h)(7)(A). The court specifically finds, in granting the motion, that the ends of justice served by taking such action outweigh the best interests of the public and defendant in a speedy trial because the additional time is necessary to afford defense counsel sufficient time to investigate the facts of this case, to negotiate with the government, and to prepare for pretrial motions and jury trial, if necessary. The parties are to notify the court by 9/26/2016 as to whether or not this case is expected to go to trial. (bp) (Entered: 05/20/2016)
09/06/2016	55	Motion for a Scheduling Order filed by USA as to Defendant Winston Shrout. (Raybould, Ryan) (Entered: 09/06/2016)
09/08/2016	56	Second Motion to Continue / Reset Jury Trial Date by Defendant Winston Shrout. (Iniguez, Ruben) (Entered: 09/08/2016)
09/08/2016	57	Response to Motion by USA as to Winston Shrout regarding Motion to Continue / Reset 56 filed by Defendant Winston Shrout Oral Argument requested. (Wexler, Stuart) (Entered: 09/08/2016)
09/09/2016	58	Reply to Response to Motion by Winston Shrout regarding Second Motion to Continue / Reset Jury Trial Date 56 (Iniguez, Ruben) (Entered: 09/09/2016)
09/14/2016	59	Supplemental Reply to Response to Motion by Winston Shrout regarding Second Motion to Continue / Reset Jury Trial Date 56 (Iniguez, Ruben) (Entered: 09/14/2016)
09/16/2016	60	Supplemental Memorandum in Opposition to Motion by USA as to Winston Shrout regarding Second Motion to Continue / Reset Jury Trial Date 56 filed by Defendant Winston Shrout (Raybould, Ryan) (Entered: 09/16/2016)
09/16/2016	61	ORDER by Judge Robert E. Jones Granting 56 Second Motion To Continue Jury Trial Date as to Winston Shrout (1).The 10/11/2016 Jury Trial is STRICKEN and Jury Trial is RESET for 12/13/2016 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A. This continuance constitutes excludable delay from 10/11/2016 through 12/13/2016, pursuant to 18 U.S.C. § 3161(h)(7)(A). The court specifically finds, in granting the motion, that the ends of justice served by taking such action outweigh the best interests of the public and defendant in a speedy trial because the additional time is necessary to afford defense counsel sufficient time to investigate the facts of this case, to negotiate with the government, and to prepare for pretrial motions and jury trial, if necessary. The parties are to notify the court by 11/28/16/2016 as to whether or not this case is expected to go to trial. (bp) (Entered: 09/16/2016)
09/30/2016	62	Motion Government's Motion To Seal Government's Unopposed Motion For Rule 15 Deposition And Joint Motion For Continuance Of Jury Trial Date filed by USA as to Defendant Winston Shrout. (Raybould, Ryan) (Entered: 09/30/2016)
10/03/2016	63	ORDER by Judge Robert E. Jones Granting 62 Government's Motion To Seal Government's Unopposed Motion For Rule 15 Deposition And Joint Motion For Continuance Of Jury Trial Date (bp) (Entered: 10/03/2016)
10/05/2016	65	ORDER by Judge Robert E. Jones Granting 64 Government's Unopposed Motion For Rule 15 Deposition as to Winston Shrout (1); Granting 64 Joint Motion For Continuance of Jury Trial Date as to Winston Shrout (1).. Rule 15 Deposition is set for 10/26/2016 at 1:00PM before Judge Robert E. Jones in Portland Courtroom 10A. The 12/13/2016 Jury Trial is STRICKEN and Jury Trial is RESET for 4/18/2017 at 9:00AM before Judge Robert E. Jones in Portland Courtroom 10A. This continuance constitutes excludable delay from 12/13/2016 through 4/18/2017, pursuant to 18 U.S.C. § 3161(h)(7)(A). The court specifically finds, in granting the motion, that the ends of justice served by taking such action outweigh the best interests of the public and defendant in a speedy trial because the additional time is necessary to afford defense counsel sufficient time to investigate the facts of this case, to negotiate with the government, and to prepare for pretrial motions and jury trial, if necessary. The parties are to notify the court by 4/3/2017 as to whether or not this case is expected to go to trial. (bp) (bp) (Entered: 10/05/2016)
10/26/2016	66	Minutes of Proceedings:Evidentiary Hearing before Judge Robert E. Jones as to Winston Shrout. The defendant waived his appearance for this deposition hearing. Witness Jennifer Becker sworn and evidence adduced. Government exhibits 1-1, 1-2, 1-3, 1-4, 1-5, 1-6 were received.Counsel Present for Plaintiff: Ryan R. Raybould and Stuart A. Wexler.Counsel Present for Defendant: Ruben L. Iniguez as advisory counsel for Winston Shrout.(Certified Reporter Kim Nerheim for the deposition and videographer Jonas Hinckley ) (bp) (Entered: 10/26/2016)
11/02/2016	67	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED First Appearance as to Defendant Winston Shrout for date of January 7, 2016, before Judge John V. Acosta, Transcriber Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/14/2016. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/8/2016. Release of Transcript Restriction set for 2/3/2017. (jjcr) (Entered: 11/02/2016)
11/02/2016	68	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Arraignment and Faretta Hearing as to Defendant Winston Shrout for date of March 31, 2016, before Judge Robert E. Jones, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/14/2016. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/8/2016. Release of Transcript Restriction set for 2/3/2017. (jjcr) (Entered: 11/02/2016)
11/21/2016	69	ORDER Granting 55 Motion as to Winston Shrout (1) by Judge Robert E. Jones. (bp) (Entered: 11/21/2016)
11/21/2016	70	Scheduling Order by Judge Robert E. Jones as to Winston Shrout. Dispositive Motions are due by 2/13/2017. Response is due by 2/27/2017. Reply is due by 3/13/2017. Pretrial Conference is set for 4/13/2017 at 09:30AM in Portland Courtroom 10A before Judge Robert E. Jones. (bp) (Entered: 11/21/2016)
02/13/2017	71	Scheduling Order by Judge Robert E. Jones as to Winston Shrout. At the request of counsel Dispositive Motions are due by 2/23/2017. Response is due by 3/9/2017. Reply is due by 3/27/201 (bp) (Entered: 02/13/2017)
02/23/2017	72	Scheduling Order by Judge Robert E. Jones as to Winston Shrout. Dispositive Motions are due by 3/6/2017. Response is due by 3/20/2017. Reply is due by 3/27/2017. (bp) (Entered: 02/23/2017)
03/06/2017	73	Motion to Dismiss for Vindictive Prosecution by Defendant Winston Shrout. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Iniguez, Ruben) (Entered: 03/06/2017)
03/17/2017	74	Response to Motion by USA as to Winston Shrout regarding Motion to Dismiss 73 filed by Defendant Winston Shrout (Wexler, Stuart) (Entered: 03/17/2017)
03/23/2017	75	Supplemental Notice by USA as to Winston Shrout regarding Notice (Generic), 36 filed by Plaintiff USA of Intent to Introduce Expert Witness Testimony Pursuant to Federal Rule of Criminal Procedure 16(a)(1)(G) (Wexler, Stuart) (Entered: 03/23/2017)
03/27/2017	76	Memorandum in Support of Motion by Winston Shrout regarding Motion to Dismiss for Vindictive Prosecution 73 filed by Defendant Winston Shrout (Iniguez, Ruben) (Entered: 03/27/2017)
03/28/2017	77	Motion to Amend/Correct Response to Motion 74 filed by USA filed by USA as to Defendant Winston Shrout. (Wexler, Stuart) (Entered: 03/28/2017)
03/31/2017	78	ORDER Denying 73 Motion to Dismiss for Vindictive Prosecution as to Winston Shrout (1)Signed on 3/31/2017 by Judge Robert E. Jones. (sss) (Entered: 04/03/2017)
04/03/2017	79	Notice of Attorney Appearance Lee Langston appearing for USA (Langston, Lee) (Entered: 04/03/2017)
04/06/2017	80	Notice of Withdrawal of Government Attorney: Attorney Ryan R. Raybould withdraws as counsel of record for the United States of America. (Wexler, Stuart) (Entered: 04/06/2017)
04/07/2017	81	Motion in Limine to Clarify Defendant's Pro Se Status filed by USA as to Defendant Winston Shrout. (Langston, Lee) (Entered: 04/07/2017)
04/07/2017	82	Proposed Jury Instructions by USA as to Winston Shrout (Attachments: # 1 Proposed Document Proposed Jury Instructions) (Langston, Lee) (Entered: 04/07/2017)
04/07/2017	83	Proposed Jury Verdict by USA as to Winston Shrout (Attachments: # 1 Proposed Document Proposed Verdict Form) (Langston, Lee) (Entered: 04/07/2017)
04/07/2017	84	Witness List by USA as to Winston Shrout (Wexler, Stuart) (Entered: 04/07/2017)
04/07/2017	85	Exhibit List by USA as to Winston Shrout (Attachments: # 1 Attachment Exhibit List) (Wexler, Stuart) (Entered: 04/07/2017)
04/07/2017	86	Proposed Voir Dire by USA as to Winston Shrout (Wexler, Stuart) (Entered: 04/07/2017)
04/07/2017	87	Trial Brief by USA as to Winston Shrout (Wexler, Stuart) (Entered: 04/07/2017)
04/10/2017	88	ORDER by Judge Robert E. Jones Granting 77 Motion to Amend/Correct as to Winston Shrout (1). (bp) (Entered: 04/10/2017)
04/13/2017	89	Minutes of Proceedings: Granting 48 Motion in Limine as to Winston Shrout (1); Granting 81 Motion in Limine as to Winston Shrout (1). All exhibits are pre-admitted with the exception of 15-14, 11-9 and 11-10. Pretrial Conference held before Judge Robert E. Jones as to Winston Shrout. Stuart A. Wexler and Lee Langstrom present as counsel for plaintiff. Winston Shrout (Pro Se) and Ruben Iniguez present as counsel for defendant. (Court Reporter Jill Jessup.) (bp) (Entered: 04/13/2017)
04/14/2017	90	Notice by USA as to Winston Shrout Government's Summary of Witness Testimony (Wexler, Stuart) (Entered: 04/14/2017)
04/14/2017	91	Pretrial Memorandum filed by USA as to Winston Shrout Government's Memorandum on Mens Rea and Availability of "Good Faith" Defense (Wexler, Stuart) (Entered: 04/14/2017)
04/14/2017	92	Scheduling Order by Judge Robert E. Jones as to Winston Shrout. At the request of the parties an In Chambers Conference is set for 4/17/2017 at 10:30AM before Judge Robert E. Jones in Portland chambers 10A. This hearing is for attorneys only to discuss jury instructions. (bp) (Entered: 04/14/2017)
04/14/2017	93	Exhibit List by Winston Shrout (Iniguez, Ruben) (Entered: 04/14/2017)
04/14/2017	94	Proposed Voir Dire by Winston Shrout (Iniguez, Ruben) (Entered: 04/14/2017)
04/14/2017	95	Witness List by Winston Shrout (Iniguez, Ruben) (Entered: 04/14/2017)
04/14/2017	96	Proposed Jury Instructions by Winston Shrout (Iniguez, Ruben) (Entered: 04/14/2017)
04/14/2017	97	Supplemental Proposed Jury Instructions by USA as to Winston Shrout (Attachments: # 1 Attachment Joint Proposed Jury Instructions, # 2 Attachment Government's Disputed Proposed Jury Instructions) (Wexler, Stuart) (Entered: 04/14/2017)
04/14/2017	98	Trial Brief by Winston Shrout Response to Government's Memorandum on Mens Rea and Availability of Good Faith Defense (Iniguez, Ruben) (Main Document 98 replaced on 4/17/2017) (sss). (Entered: 04/14/2017)
04/17/2017	99	Clerk's Notice of Docket Correction regarding 98 Trial Brief. The PDF attached to this entry at filing was incorrect. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (sss) (Entered: 04/17/2017)
04/17/2017	100	Amended Exhibit List by USA as to Winston Shrout (Attachments: # 1 Attachment Government's Amended Exhibit List) (Wexler, Stuart) (Entered: 04/17/2017)
04/17/2017	101	Minutes of Proceedings:In Chambers Conference before Judge Robert E. Jones as to Winston Shrout. Defendant waived his appearance. Pre admitting Government Exhibits 11-20 and 11-21. As to Defendant's proposed exhibits, exhibit 2 has already been admitted in the Government's exhibits, exhibit 3 and 4 will not be received. As to the Defendant's proposed witnesses, the defendant will be able to cross examine Casey Hill. Based on his offer of proof he will not be allowed to call AUSA Stuart Wexler or Attorney General Ellen Rosenblum.Counsel Present for Plaintiff: Stuart Wexler, Lee Langston.Counsel Present for Defendant: Ruben L. Iniguez.(Court Reporter Amanda LeGore) (bp) Modified on 4/17/2017 (bp). (Entered: 04/17/2017)
04/18/2017	102	Minutes of Proceedings:Voir Dire Held - Jury Trial Begins before Judge Robert E. Jones as to Winston Shrout. Opening statements given. Witnesses sworn. Evidence adduced. Jury Trial is set for 4/19/2017 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Stuart Wexler, Lee Langston.Counsel Present for Defendant: Winston Shrout (Pro Se), Ruben L.Iniguez.(Court Reporter Jill Jessup) (bp) (Entered: 04/18/2017)
04/19/2017	103	Minutes of Proceedings:Jury Trial day 2 before Judge Robert E. Jones as to Winston Shrout. Witnesses sworn. Evidence adduced. Government rests. Defense motion for acquittal is denied. Defense exhibit 11-17 page two was admitted. Government exhibit 8-0 was admitted. Jury Trial is set for 4/20/2017 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Stuart Wexler, Lee Langston.Counsel Present for Defendant: Winston Shrout (Pro Se), Ruben L. Iniguez.(Court Reporter Jill Jessup) (bp) (Entered: 04/19/2017)
04/20/2017	104	Minutes of Proceedings:Jury Trial day 3 before Judge Robert E. Jones as to Winston Shrout. Witness sworn. Evidence adduced. Defense rested. Closing statements given by both parties. The Court ordered that 11 lunches be provided for the jury by Farmhouse Cafe. Defense Exhibit B was admitted. Jury instructed. Jury begins deliberations. Jury Trial is set for 4/21/2017 at 09:00AM in Portland Courtroom 10A before Judge Robert E. Jones.Counsel Present for Plaintiff: Stuart Wexler, Lee Langston.Counsel Present for Defendant: Winston Shrout (Pro Se), Ruben L. Iniguez.(Court Reporter Jill Jessup) (bp) (Entered: 04/20/2017)
04/21/2017	105	Minutes of Proceedings:Jury Trial day 4 before Judge Robert E. Jones as to Defendant Winston Shrout. Jury Finding of Guilty on Counts 1-19. See Verdict form; Jury Polled and Discharged; Trial concluded 4/21/2017. ORDER by the Court for 11 lunches for the jury from Bridge City. ORDER Presentence Investigation Report to be prepared by U.S. Probation. Sentencing is set for 8/1/2017 at 11:00AM before Judge Robert E. Jones in Portland Courtroom 10A.Counsel Present for Plaintiff: Stuart Wexler, Lee Langston.Counsel Present for Defendant: Winston Shrout (Pro Se), Ruben L. Iniguez.(Court Reporter Jill Jessup) (bp) Modified on 4/24/2017 to order PSR (bp). (Entered: 04/21/2017)
04/21/2017	106	Order Modifying Conditions of Pretrial Release as to Defendant Winston Shrout. Travel is limited to Oregon unless prior approval is obtained from the Court. Surrender any passport or international travel documents to Pretrial Services or submit a statement to Pretrial Services that the defendant does not possess a passport or international travel documents. The defendant is not to apply for a new passport or international travel documents.' Signed on 4/21/17 by Judge Robert E. Jones (schm) (Entered: 04/24/2017)
04/21/2017	108	Clerk's List of Witnesses and Exhibits as to Winston Shrout (bp) (Entered: 04/24/2017)
04/21/2017	109	Jury Verdict as to Winston Shrout regarding Winston Shrout (1) Guilty on Count 1s-7s,8s-10s,11s-13s,14s-19s. (bp) (Entered: 04/24/2017)
04/21/2017	110	Jury Verdict Unredacted Version Filed Under Seal as to Winston Shrout (bp) (Entered: 04/24/2017)
04/21/2017	111	Jury Instructions as to Winston Shrout (bp) (Entered: 04/25/2017)
04/24/2017	107	Clerk's Notice of Mailing as to Winston Shrout regarding Order Modifying Conditions of Pretrial Release,, 106 . Mailed to the defendant on this date. (schm) (Entered: 04/24/2017)
05/01/2017	112	Order Appointing Federal Public Defender as to Winston Shrout signed on 5/1/2017 by Judge Robert E. Jones. (sss) (Entered: 05/02/2017)
05/08/2017	113	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED In Chambers Conference as to Defendant Winston Shrout for date of April 17, 2017 before Judge Robert E. Jones, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/15/2017. Redaction Request due 5/30/2017. Redacted Transcript Deadline set for 6/8/2017. Release of Transcript Restriction set for 8/7/2017. (LeGore, Amanda) (Entered: 05/08/2017)
06/02/2017	114	Unopposed Motion for Authorization to Travel by Defendant Winston Shrout. (Iniguez, Ruben) (Entered: 06/02/2017)
06/05/2017	115	ORDER by Judge Robert E. Jones Granting 114 Unopposed Motion For Authorization To Travel as to Winston Shrout (1). (bp) (Entered: 06/05/2017)
06/12/2017	116	Scheduling Order by Judge Robert E. Jones as to Winston Shrout. At the request of counsel Sentencing is reset for 9/26/2017 at 11:00AM before Judge Robert E. Jones in Portland Courtroom 10A. Sentencing set for 8/1/2017 at 11:00AM is STRICKEN. (bp) (Entered: 06/12/2017)

12/04/2017

122

ORDER by Judge Robert E. Jones Granting 121 Second Unopposed Motion to Continue Sentencing Hearing Date as to Winston Shrout (1). Sentencing is reset for 2/20/2018 at 11:00AM before Judge Robert E. Jones in Portland Courtroom 10A. Sentencing set for 1/9/2018 at 10 AM is STRICKEN. (bp) (Entered: 12/04/2017)

New Entry at end of September 2018:

Minutes of Proceedings: Competency Hearing before Judge Robert E. Jones as to Winston Shrout. Two witnesses sworn and evidence adduced. The Court finds the defendant competent to proceed to sentencing. Sentencing is schedule for October 22, 2018 at 10:00AM before Judge Robert E. Jones. (Note: Sentencing is scheduled for two hours.)Counsel Present for Plaintiff: Stuart Wexler, Lee Langston. Counsel Present for Defendant: Ruben L. Iniguez. (USPO Present: Chris Song, PreTrial) (Court Reporter Jill Jessup) (bp) (Entered: 09/27/2018)

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