A cesspool of Judicial Corruption

TWENTY-THREE memorandum to the national marine corps league

Once Joe Volk (the legitimate combat marine) learned of Swisher's fraud (in June 2005), he was incensed. The evidence about Swisher was overwhelming. Volk confirmed the hoax and went after Swisher unrelentingly. In response, Swisher waged an offensive campaign against Joe Volk and others who were awakening.

Swisher (as the Sgt Lanahan League Commandant) managed to throw Volk and a couple others out of the local Detachment because they challenged his credentials.

An appeal went to National Headquarters in Washington D.C. I worked with Joe Volk participating in Swisher's exposure. I sent a memorandum (2006) to the National Judge Advocate, Vic Voltaggio, of the Marine Corps League about PFC Elven Joe Swisher:

I. FACTS: In 1954 Elvin Joe Swisher joined the United States Marine Corps and was discharged in 1957. His tour of Foreign Service occurred at Camp Fuji, Japan, from March 4, 1955 till May 6, 1956. During his service he rose to the rank of corporal; however, due to disciplinary action he was demoted to PFC.

In the 1980s Mr. Swisher was charged with raping, over a prolonged period of time, his three daughters. He was not acquitted of the charges, but the local district attorney, Dennis Albers, during the trial spoke with one of the jurors. Albers was sanctioned by the Idaho Supreme Court and barred from ever seeking public office as a district attorney again. No charges were ever again filed against Swisher.

After the death of his father (a decorated combat veteran), Joe Swisher began for the first time wearing Medals of Honor and seeking recognition as a war hero. His former wife of some 20 years (mother of the girls for which he had been charged with rape) stated to a former assistant prosecuting attorney, Wesley Hoyt, that she had never seen or heard in their entire marriage anything about any decoration he had earned or received.

Recently, a friend of former combat Marine Joseph Volk told him that he saw Swisher parading around in uniform with decorations–as recent as October 2005.

Swisher testified under oath at various hearings and/or trials that in 1953 he "was disabled by a hand grenade at the end of the Korean War." Later he revised his testimony stating that he received the injuries not at the end of the Korean War but as a member of secret Special Forces, a classified mission, whose job it was to free POWs. Upon cross-examination, he was asked how he could have been selected as a participant in this Special Forces mission at age 15 or 16 (he would have had to have joined the Corps at age 13). He changed his testimony admitting his true term of service. But then he said he had received multiple gunshot wounds in September 1955 in Korea. His ears, he said, were blown out in military action. However, his DD214 showed no VA claim when he was discharged on Feb 10, 1957.

In a Grand Jury hearing (April 16, 2002) he testified that he was merely four hours away from getting a doctorate, PhD in special education at the University of Idaho (Also he testified he received a BA from Central Missouri University and a master’s from the University of Missouri). At another grand jury hearing, a couple years later (Feb 10, 2004), he now stated he was six hours away from his PhD dissertation.

Mr. Swisher testified that he had worked for his father’s Company, Idaho Mining and Development (in Cottonwood, Idaho). Throughout all his various testimonies under oath, he said he had charged WaterOz Supplement Company (a local manufacturing company owned by David Hinkson) for “his services.” He stated that there were several employees (varying up to 5) that worked for a company called Northwest Analytical. He denied at a grand jury hearing that he owned the company–said it was owned for the past three or four years by a man by the name of Doug Sellers. There has been no evidence or even an indication that Mr. Sellers owns the Company. In a GJ Hearing Attorney Nolan asked, “You brought a friend of yours, Doug Sellers? Swisher answered, “Probably.” The person who he had been attributing ownership to was “probably” merely a friend or associate.

In mid 2000 Swisher claims that Joe Volk introduced him to WaterOz. He mused that he had a friend by the name Arthur (arthritis) who went everywhere with him. The WOZ (WaterOz) products, he said were effective. He testified that his “pain diminished after WOZ treatment by 60-70 percent. He was enthusiastic about the effect the products had on him. He said that David Hinkson invited him for a tour of the plant, but that it was Jeri Gray (WOZ plant manager) who asked him to work for WOZ and to run assaying tests for the Company (to assure full compliance with FDA Regs).

In July of 2000 Swisher claimed he met David Hinkson for the first time, and until April of 2002 he had spoken to David about a dozen times. He said he initially did testing a couple of times a month to almost daily. He claims to have been paid about $50,000 in 2002 for his tests (tests for which he charged $10 each and at max did 3-4 per week, [but he testified that David owed him $50,000 for the work he claimed to have done])."
Prior to this initial introduction to Swisher, Annette Hasalone involved David in a lawsuit.

This woman was being sought by the California police on felony charges. This Hasalone claimed David promised her half of the WOZ business for working as a sales rep (She had an 8th grade education–now calls herself Dr. Hasalone), and she sued David for some $800,000. The jurors concluded that she should get $95,000. David’s father & mother loaned him, at the insistence of Brit Groom (David’s lawyer), $157,000 to cover the trial expenses. July 5, 2000, was the first time David’s parent, Roland and Faye Hinkson, met Brit Groom.

Another employee, “Goose,” stole fencing materials from David, was fired and then filed a whistle-blowing complaint with the IRS for apparent underpayment of income taxes (the reward sought was $74,000). In February of 2000 IRS agent Vernon (alias Morgan) filed a civil lawsuit against David on behalf of the IRS. David in return sued him, other agents and the US Government individually for $50,000,000. Thereupon, Vernon turned the case over to IRS’ Criminal Investigation Division. Subsequently, the government agents called for a grand jury. It found no evidence sustaining charges against David, but certain agents of the IRS and Justice Department were adamant and relentless in pursuit of David. They continued calling grand juries until they got one that would indict. So they got a false indictment without a grand jury. This was the situation when Swisher became involved.

On July 6, 2000, David brought his family to his parent’s home in Ouray Colorado; he towed his new boat behind his motor home. He met with Mr. Lane Mills (publisher of the Freedom Bee Newspaper of Montrose Colorado) to discuss David’s purchasing a “4-sale” newspaper in Idaho. David said his intent was to expose government corruption.

Swisher started his assaying procedures during this time as evidenced by a Certificate of Assay dated August 13, 2000. On January 7, 2001 (about 2:30 pm), Roland met Joe Swisher and his wife, Barbara for the first time at Gilinda’s Restaurant in Grangeville. David, along with his wife, Marie, and a friend (Rod Remelin), invited them all to dinner to meet Roland. Later that day Swisher and Roland had an amiable visit with David in his WOZ office.

On April 3, 2001, Brit Groom and his family came to Ouray as the guests of Roland and Faye Hinkson. Ten days later David flew to Moscow, Russia, on a business venture. Then Joe Swisher with Barbara came to Ouray as guests of Roland and Faye. Swisher had volunteered to assist in an investigation of a fraud occurring in Ouray. Since he claimed to be a friend of David’s and since Roland offered to pay for his gasoline costs to come help, he would put them up in one of their townhouses. Swisher was on his way to New Mexico on a business trip. The following month David told Roland that Jeri Gray had given Swisher $2,500 for expenses to stop in Ouray as we had agreed. Roland was furious. He called Brit Groom on July 19, 2001, telling him “that Swisher is a liar and a thief,” that he is totally dishonest and deceptive.

It was after these incidents and communications that Swisher claimed that David trusted him totally and because of that trustworthiness wanted him to kill the people David was suing. Joe Swisher testified under oath that he had killed many people–too many, he said that such conversations with David occurred throughout the year 2001. Also, Swisher testified in the 2001 GJ Hearing that he had been paid in full and had had no problems with David from 2000 to 2002.

In March of 2002, Swisher said he increased testing “Because they want to be very sure that they have constant quality control.” He testified that “Everything tested has been correct on the label,” and that “David has superior products.” But David swears that Swisher did the tests wrong after IRS Special Agent Steven Hines went to his home and talked with Swisher.

In Swisher’s GJ testimony (April 2002 he couldn’t remember if David made any threats against government agents. Yet a SWAT team surrounded David’s house, cuffed him and took him to Coeur D’ Alene before Judge Williams. The Judge released David on his own recognizance. Swisher testified that the last time he had contact with David was April 6, 2002. Mr. Swisher testified on February 10, 2004, that after the time David was arrested (from November 2002 to January 2003) that David considered him his “best friend.” During this period of time David and several of his employees claimed that Swisher put cyanide in the potassium in an effort to sabotage the products. Employees stated the cyanide is odorless, but Swisher sniffed a sample of the contaminated product and declared it was cyanide. In fact, David dumped out1,500 gallons of the product. In order for a mistake to have been made, one would have to have put in [55] gallons of cyanide. Swisher offered to provide Bromine for WOZ to cover up traces of the Cyanide. Also, other strange things began happening when Swisher gained access to the factory. Yet everything stopped once he was barred from the premises.

November is when Swisher’s blackmailing began. It wasn’t until January 4th that David announced to everyone at the Factory that Swisher was blackmailing him. Swisher was demanding 50% of WOZ (wanted to be a half partner) or else he promised to tell about the cyanide in the product. No cyanide is ever used at WOZ, but it is used in mining operations and assaying tests such as Swisher conducts. Swisher let the word out in September 2003 that if paid his fee, he would testify for David in his favor in a related, pending tax case.

Proceeding before the Grand Jury on February 10, 2004, Assistant United States Attorney Tom Bradley asked Swisher if there were any discussions with David about threats. Swisher said that on one occasion, prior to January 2003, David said to him,

"You are one of my best friends, if not my best friend." He said, "I want you to have that "Complex" [the recreational, office building–worth over a million dollars] because I’m never going to do anything with it." He said, "You will have to finish it, but it’s yours." I said, "Yeah, that’s nice of you, David."

And then it was about maybe two weeks later that he approached me again. He said, "Look, you know, I trust you, and I depend on you," and so on and so forth, and he said, "I have given you all this property every day," and he said, "I will give you $10,000 a head if you will kill the following people for me," and he said, "Everything will be taken care of."

The "Complex" referred to was a portion of David’s 104 acres site with an attractive home and an $850,000 three story building located in Grangeville Idaho. Swisher had [thus] claimed a recreation center and 40 acres. He went on to testify that David "wanted me to try to make the concentrates for him…All this took place while Mr. Hinkson was out, while he was at home. He was not in jail at that time?

I have Diary with a notation that David as of March 19, 2002, would not even take a call from Swisher. After April 2002, Swisher claimed that David not only promised but, in fact, gave him 10 acres behind the WOZ factory building. There is a canyon behind the factory owned by others, and there’s only one acre–before crossing the canyon.

Later (January 14, 2005) under oath when cross examined about the now 20 acres he claimed David had given him and a "Patrol Road Grader," he said, "David broke off contact with me in January of 2003."

David has never owned a Huber Road Grader but did own a Hulser Road Grader.

The next question asked was, "When he [David] gave you the twenty acres and road grader, it didn’t have anything to do with soliciting anybody, did it?"

Answer–"No."

When asked if his prior testimony [April 2002] was true when he testified favorably for David, he said it was true "as I believed it to be at that time." He said that the first time David had approached him on the subject of threats "was right after he lost the jury trial, and the Jury had awarded moneys to the lady [Annette Hasalone]." In his sworn testimony under oath on January 14, 2005, he said it was after April 2002 for [that was] the first time that Swisher claimed David offered him money to kill people.

As evidenced on David’s passport and other documents and affidavits, David was not in Idaho or even the United States for most of the time from June to November 3, 2002. In June, he was in Russia. On July 2nd, he brought his family and two Russian girls to visit Roland and Faye in Ouray Colorado. On July 4th, he took the Russian girls and family to Las Vegas. In July he went to Venezuela and then to New York. He was gone from Idaho for about five months in 2002. However, he invited a friend, Roman Ponomarenko, to come to the U.S. to tour his factory on October 10th, 2002. Then on October 19, 2002, David flew to Ukraine meeting with Roman to discuss purchase of a factory there. Also on October 12, David was introduced in Ukraine to his future wife, Tetyana. He wrote a check as an earnest money deposit for an abandoned water factory.

But shortly thereafter upon returning to the United States, he was arrested and ultimately convicted solely on the testimony of Elven Joseph Swisher’s copious fabrications. Throughout November, David was in contact with Mr. Ponomarenko, who signed an affidavit saying that Swisher had been blackmailing David for some time.

During the time David would have nothing do with Swisher and refusing to accept any calls. Jeri Gray, who was still the general manager, insisted that Swisher be kept on to test products. Her stated reason was that he needed him to testify on FDA issues (as he had done in the Grand Jury Hearing of April 16, 2002).

Brit Groom in 2001 introduced Richard Bellon to David. Bellon was a paralegal of whom David had accepted as a phenomenal legal expert. Bellon claimed he had a Harvard law professor who would be helping him.

He supposedly had written three books on IRS fraud, and according to David’s testimony to Roland he was “the most knowledgeable legal mind in America.” Of course, later all concerned parties, including nearly all employees, came to recognized that he was a charlatan, had plagiarized the books he claimed to have written, was an ex-convict and a big disappointment to David and his father, mother and wife. To a limited extent, Groom participated in an attempt to have David turn over half of his Company to Bellon. He had endeavored to get David to do what-ever he asked. While in Jail in Boise Idaho, Groom and Bellon tried to get David to acknowledge a fraudulent contract. Bellon insisted that Swisher be allowed to get access to the Factory.

David announced over the loud speaker at WOZ that Swisher was blackmailing him or would testify that David wanted to hire him to kill the agents etc. Thereafter, no one, except for Jeri, would even speak to Swisher.

But at David’s Trial, Swisher testified that in September or October of 2003:

David called me and said that he had a partnership with Rich Bellon, that he had talked to Mr. Bellon, and they wanted to hire me as a consultant to go out to WaterOz and look the facility over, make things safer for employees, and make things safer in the product for the general public. . . . And in my discussion with David, I said, "Are you sure that Mr. Bellon is your partner?"

And he said, "Absolutely."

Roland Hinkson following the wishes of David, who had wanted Bellon and Swisher off the property, sent an official Notice of Termination to Bellon. Bellon was fired from WaterOz in November [This is incorrect. Bellon was not fired from WaterOz–he never worked for WaterOz. His job was to perform legal services for David's defense]. The following month, December 4th, Bellon, Swisher and others descended on the Factory armed with a TRO [temporary] restraining order] from a local Judge, who later apologized for his indiscretion–he reversed his order prior to trial (which was later sustained). The culprits, Bellon, Swisher and others had lost and were barred from entering the WOZ facilities–but at tremendous cost to David.

David swore that during his Sentencing Hearing "Swisher gave me this affidavit [saying he had never gone to the WaterOz factory]. He knew he had to say that he came in July because this affidavit swears that he never came out to the factory at all between August and between August and November. Because if he had of come out to the factory, it would prove he is the one that made the testing wrong and this affidavit proves it, and he was trying to get a lot of money."

Additionally, Swisher testified he has top secret documents to prove he was a genuine war hero. The facts prove that Swisher had open heart surgery immediately before the alleged time that David was supposed to have been such a close confidant and trusting a man who was incontinent, in a wheelchair, unable to perform lab functions, who he said he spoke a dozen times to David before the first Grand Jury.

He claims to have been awarded the Marine Commendation Medal before Congress created it. He claims he was awarded the Purple Heart even though the only injuries he sustained were in an automobile accident in the State of Washington. The National Personnel Records Center verified that he is a fraud. Their thorough investigation revealed that Mr. Swisher forged and falsified his records and involved various government agencies in an attempt to legitimize his fraud.

Swisher defrauded the Veterans Administration by doctoring documents, making claims for moneys that he was not entitled to receive and medical benefits (reserved for members of the armed forces who suffered injuries while in defense of their Nation). There is no record of his having ever been involved in any classified operations. His claim to having been awarded a second DD214 was recorded after David was jailed–only a DD215 can substitute a DD214. After Swisher’s fraud was exposed, he was promoted by superior officials to the Regional Board of the Marine Corps League. Thereafter he ran for the position of Judge Advocate–but lost.

The Federal Court, 9th Circuit of Appeals (January 24, 2005) under the auspices of Judge Richard C. Tallman, advised the Defense that it “would take considerable time to check Swisher’s documents and it would 'confuse the Jury." He admitted that the government’s case rested on Swisher being a combat veteran; regardless, he denied the Defense from introducing Swisher’s fraud to the Jurors. He said, "Swisher’s lies under oath "didn’t render the Trial unfair." The government didn’t dispute Swisher’s fraud of the VA, and they deliberately failed to correct false impressions about Swisher.

Former Marine Joseph Volk, who was once a friend of Swisher’s, had personally delivered a year ago to the VA Hospital in Spokane Washington the same document showing Swisher’s fraud; then again, he had delivered the same information. Yet no action has been taken.

Instead the government informed the Jury that Swisher was a Combat Veteran who fought in Korea and had learned there "how to kill." The Court denied the Defendant’s motion for a mistrial after the Defense learned that the government knew of and had hidden from the Defense the evidence of fraud.

Judge Tallman concluded that Swisher’s "powerful testimony about killing was impressive." Besides, he said the documents were merely "rank hearsay." Even though the Defense asked for and Defendant Hinkson insisted on a mistrial (due to falsified documents), a mistrial was denied. In determining how to handle the request for mistrial, Judge Tallman ordered the Jurors out of the Court Room. Therefore, from the evidence it appears the government was as guilty as Mr. Swisher.

II. QUESTION:

In addition to the evidence gathered by the Marine Corps League and the Purple Heart Organization for fraudulent claims, was Elven Joseph Swisher involved in any other misdeeds or treachery?

DISCUSSION

1. Obviously, if the testimony and facts presented above are accurate and truthful, there is no question that Mr. Swisher has committed numerous felonies. Falsely testifying under oath is destructive to any judicial determination.

2. To defraud the governments of the State of Idaho and United States carries serious consequences. To parade as a war hero stealing the honor and credibility of those who have legitimately served their nation is despicable.

3. To take money and services under false pretenses is criminal.

4. However, to lie for financial gain with evil intent only to destroy another fellow human being is indefensible and unpardonable.

"III. CONCLUSION:

Although Elven Joseph Swisher is an elderly man, the grief, heartache the loss of years with the threat of a lifetime in solitary confinement for his victim does not engender pity for such a person. From his past behavior, it appears that there is no rehabilitation that can make society safe from him. He continues to parade as an honorable man and has become somewhat as a master of deception. This man is either a sociopath or just plain evil. Certainly to have him parading as the product of the Marine Corps and for it to be condoned is shameful."
On December 1, 2005, Joe Volk called me to let me know that there will be a National Board of Inquiry held on the Swisher Case. After all the calls made and disappointments we suffered, finally they will do something.

Faye and I knew that David's entire Case hinged on overcoming the lying testimony of just one person, Elven Joe Swisher. We knew that on appeal we would likely get about 20 minutes to argue our case. Of all the violations of David's rights under the Constitution we had to choose the most egregious to argue. David's life was worth only twenty minutes or so of the Appellate Court's time. However, we did observe that at least one judge and probably two at the appellate court level, were rational, thorough and honorable. No shoddy or cursory glossing over the facts in an attempt to sustain the Ruling of Trial Court Judge Tallman.

A lot of people were outraged, but was there, in fact, justice?