The government and its conspirators got their facts mixed up. When they falsely accused David of wanting to kill Federal District Judge Lodge, Lodge hadn't even ruled adversely on David's Case, and certainly David wasn't about to publicly advertise or pay to have someone kill a judge just because the Judge, years before, let a killer FBI agent off scot-free for killing someone that David didn't even know. The Feds screwed up on the timing of this accusation, but with their kangaroo court, it made no difference.
Britt Groom (a man in his early 50s) was David's attorney (over a period of four years) handling business, civil litigation and criminal defense matters (he lived in Cottonwood, Idaho). The first time David met Swisher was in Groom’s office in Grangeville, Idaho (November 10, 2000). At the time, Swisher had a severe case of MSM poisoning. Groom told Swisher about David's WaterOz products which prompted Swisher to seek David's advice.
As David's story unfolded, Groom and his paralegal, Rich Bellon, insisted on ultimately using Swisher in David's defense. Idaho County Detective Skott Mealer reported that he heard Bellon over the phone telling David he had to have Swisher as an expert to “save his [David's] bacon.” Greg Towerton was present in Groom’s office when Bellon said Swisher would be David's expert witness on the FDA charges “to save Dave’s bacon at that trial.” Kaye Walsingham (Groom’s legal Sec.) and Bellon testified that they were with Groom when Swisher went into a tirade against Bellon. Swisher said that he would go to Boise and make sure that Dave would stay there [in jail] forever.
As it turned out, both Groom and Bellon sold out David. It appears that they were in an evolving conspiracy from the beginning.
Richard Bellon, a man in his forties that David had trusted implicitly as a talented lawyer, lived lavishly on David's money. He claimed to be a paralegal and a lawyer. He speaks well. But in my opinion he's a liar, a disloyal opportunist, a schemer and an amoral, contentious fraud. Over time David learned that Bellon was a felon and plagiarizer. In addition he practiced law without a license, nor had he any formal training in law. Although we have no proof, we believe that IRS Agent Steven Hines was a co-conspirator in an attempt to takeover David's WaterOz company.
David had hired Bellon from June 2001 to November 2003 as his legal counsel. David believed in Bellon and felt that he was a godsend. Bellon also served as legal assistant to Britt Groom. Bellon had been previously convicted and sent to prison for assaulting a 60-year-old, female IRS agent who attempted to serve papers on him and for the theft of confiscated property.
Tracy Adams, a female WaterOz employee, called me on October 22, 2003 (2:00 pm) to alert me that Richard Bellon had offered her a $10,000 bonus and a pay raise after he fires everyone at WaterOz. "Scooter," Jerry Smith (who worked in WaterOz shipping) also heard the offer. Later Tracy said that, "Rich apologized for his behavior." He told her that he wants Jeri Gray, Greg Towerton and Charlie Phillips fired. Tracy said "Rich is causing havoc at WaterOz–maybe greed is motivating him." He went to another female employee's house to bribe her, but she also refused. Tracy told me where I could find out about Bellon's history. "Call Robert Hogue in Redding, California," she said.
I called, the next day (4:30 pm), but only reached his daughter, Natalie Hogue (age 27). She told me that her father, Robert (age 65-now deceased), was a former logger in Redding but learned IRS law and now helps people with tax problems. She, unhesitant, told me that Rich Bellon is a liar, thief and plagiarizer. "He uses people." Her Dad had known him since 1996.
She said, "Bellon is totally untrustworthy." She related how he left Redding with other peoples' money, that he's a con-artist. "Advanced Labs and about fifty others have been hurt by him. She gave me the name of Bruce Hendricks, author of the books that Bellon plagiarized.
When David called me a few days later, I told him about the conversation with Natalie. David wanted me to hire Robert Hogue. In the mean time, Bellon continued to play the game of trying to file motions and get support for David's release.
At this point, I had insufficient evidence to know how reliable Natalie was. Once I reached Robert by phone, he agreed to meet me half way from Redding, California, to our home in Ouray, Colorado. He suggested we meet him and his wife in Wendover, Utah. We met both Robert and Karen on November 3rd (2003 about 9:00 am) . Once in Wendover, we spent approximately eight hours in our Road Trek RV in a parking lot of a Casino. The details he relayed were overwhelming and left me with no doubt about Bellon's nature. Bottom line is how Hogue summed up Mr. Richard Bellon–"He's a snake without a conscience."
While Bellon was stroking me, and David–he was securing his plot to takeover WaterOz. He mentioned to me that he was David's partner. Of course, I set him straight–"David has no partners." The WaterOz Club idea was just that–an idea. David may have agreed to let Bellon create such an entity, and then help Bellon by funding and/or supporting it in the future. Of course, David had no idea that they would send him away for life in prison.
After they incarcerated David, Bellon attempted to steal the business by using a Temporary Restraining Order–(TRO) granted by Idaho District Court Judge John Bradbury. Of course, this was a fraud on the Court. Judge Bradbury had been duped by the not too clever team (Bellon, Groom–and by using Attorney Todd Richardson–who was anxious to win the case). Judge Bradbury issued the TRO on December 4, 2003, and later rescinded it. He restored WaterOz to David's management, including me. However, Bellon did a lot of damage to the Company.
The Judge said, "I am restoring the management of the corporation to Mr. David Hinkson or his designee, and I am asking Mr., –I'm ordering Mr. Bellon to account to WaterOz for the $3,400 [Although Bellon had taken $30,000]. And I'm doing that because I want to tell you, Counsel–both of you–it's my error that I didn't require a bond to be posted. It was an oversight." Rich Bellon was furious.
David had often mentioned to me how various people claimed part or half of WaterOz ownership or just wanted to be partners with him. He told me, "I don't want any partners." David was not stupid. He understood the law, was a real estate broker etc. Greedy people saw how successful he was and obviously wanted to cash in. If there were any truth to their claims, David would have, in fact, given away more of the Company than he would have retained (leaving him no ownership or assets). Many of his truly loyal employees were appalled by the fictitious claims they heard from the conspirators.
Bellon had originally used the credibility of respected Grangeville citizens Peter Glindeman and Bruce Leseman as bait to get Judge Bradbury to allow Bellon to have the TRO–ostensibly to protect WaterOz from Dave’s Management Team who were allegedly running the business into the ground. In order to obtain the TRO, Bellon told Judge Bradbury that the 30-person labor force was in jeopardy of losing their jobs, that there was no quality control of the WaterOz products (which put the public in danger), that management employees were stealing money from the business, and that poor financial management was ruining the Company. Bellon insisted that David had signed a Partnership Agreement which gave him control over the WaterOz Company and all of David's assets.
The testimony of Peter Glindeman and Bruce Leseman confirmed that Bellon deceived them into participating in his takeover scheme. Glindeman, a man in his mid 50's, worked briefly as a consultant to WaterOz six months before the "Bellon Takeover." Bellon hired him as an industrial risk management consultant during the December Takeover. While using their credibility Bellon attempted to sell the business to a cash buyer. Ultimately, Glindeman said if he had known that David had fired Bellon in November 2003, he never would have allowed Bellon to use his credentials to help convince Judge Bradbury to issue the TRO (on December 4, 2003).
By Wednesday, December 10, 2003, Glindeman independently concluded that Bellon’s takeover (or "management change"–as Glindeman calls it) of WaterOz was a scam. When he learned that Bellon was not interested in "saving WaterOz" as a business, he aborted. What tipped off Glindeman was that Bellon would not authorize the renewal of the liability insurance which had expired on Sunday, December 7, 2003. Bellon admitted to Glindeman that all he was interested in was “the money.” Nor had Bellon told Glindeman that one of the first things he did after the takeover was to call mortgage broker Dan Vaughn requesting that he find Bellon an immediate cash buyer for WaterOz (David had acquired property in the past through Vaughn).
In a deposition, Bruce Leseman also testified that Bellon’s takeover plan was a scam. Had he known at the time that Bellon planned to sell WaterOz or that the whole thing was a scam, he too said he never would have become involved by lending his credibility to the TRO.
Bellon was cozying up to Tracy Adams. She told Wes Hoyt during the TRO takeover period that Rich Bellon said, "Don't allow your children to use WaterOz products." Later we suspected that Joe Swisher may have contaminated certain products, and that Bellon was privy to the action. Also, Tracy knew that Dave refused to accept telephone calls from Joe Swisher at that time.
Cindy Susan Acheson, a WaterOz employee loyal to David (formerly a licensed Chiropractic Doctor), was kicked out of the Factory the day of the takeover (December 4th).
During the TRO hearing when Judge Bradbury overturned the TRO against David's Management Team (December 11, 2003), Bellon was seen talking during a recess in the hall outside the courtroom to IRS Special Agent Steven Hines. This is what made us suspicious of IRS Agent Hines' involvement in the TRO. In retrospect, David suspects that Bellon was working undercover for the government and that Hines was coaching Bellon at the TRO hearing. Also, these circumstances lead us to believe that Bellon was paid by ENIVA Corporation or the government to participate in a set up of David.
ENIVA Corp, as you may recall hired Annette Hasalone with full knowledge that she had stolen David's formulas and promotion tapes. They directed Dr. Joel Swisher (again, no relation to Elven Joe Swisher) to plagiarized Dave’s tapes. But Hasalone ultimately sued ENIVA for firing her once they learned of her incompetence. She admitted in their trial that she stole David's trade secrets to promote ENIVA products.
David's product marketing information helped ENIVA immediately grow from marginal sales into a million dollars per month. Only because of the suit, did Annette admit her theft.
Britt Groom, who had been the licensed attorney working with Richard Bellon, was the other person David relied on to prove his innocence. David had generously paid these Two, thousands of dollars–gave them privileges and done almost everything they asked for. In return, they stabbed him in the back and conspired to steal his company.
While David's new wife, Tetyana (aka Tonya) and I were driving from Boise, Idaho, to Grangeville, Groom and Bellon were trying to quickly–before we arrived–get David (while he was locked up in solitary confinement) to confirm that Bellon was a partner and half owner of WaterOz. Groom claimed that David orally agreed to such an agreement. Groom's secretary, Kay Walsingham, typed up the Contract. Of course, David never signed it.
I had recently spoken with David. He told me he really wanted no partners, but that he agreed, since he was in jail, to have Bellon as a partner in WaterOz Club. Also, he was trying to promote another entity called HARPP (Help Americans Release Political Prisoners). To my knowledge, they never funded or filed to create WaterOz Club.
On Wednesday, October 1st, 2003 (6:05 p.m.), David called me from Ada County Jail in Boise. I had just returned from a meeting in Colorado Springs (with the Council for National Policy as a guest of former Colorado Senator "Arch" Decker). While I was there, David said he had been talking to Rich Bellon about the conditions at WaterOz. Because of the things Bellon told him, David fired the Beans (a family who performed various jobs for WaterOz).
David believed Rich Bellon, thought he was OK but believed that Greg Towerton had violated specific instructions that I had given to Greg. I had previously ordered Greg not to start any construction without the approval of the "to-be-created Board of Directors" (which was my brainchild). David was the sole owner of WaterOz, and I was the only person he totally trusted to carry out his will.
Thirty minutes after David had called me, Rich Bellon called me saying that the "Beans are rumor mongers," and that they had accused Bellon of sleeping with Tracy Adams and that their mechanic work on equipment was poor. Bellon also accused "Scooter," (who was a trusted employee) of stealing and must be fired. He said that Rod Remelin (an independent, electronics contractor) needs to set up a conference call for tomorrow at 9:00 a.m. Pacific time; and if he doesn't, he should be fired. Anyway, I approved the scheduled conference.
At 11:11 a.m. Bellon called me telling me that the Beans have gone ballistic after being fired. Bellon said David wants Greg to function only as a troubleshooter and that Scooter is supposed to accompany Beans to their home and pickup David's tools. I discussed with Bellon my plan to create a board of directors composed of David, Tetyana, me, Bellon and Bruce Leseman. I dropped Leseman from the list because Rich told me he wanted $400 to sit at each meeting.
At 11:47 a.m. Rod called and told me he couldn't get me on the scheduled call because he had only ten minutes advanced notice. Then at 3:30 p.m. Bellon called back telling me that Rod said he couldn't reach me–in spite of the fact I had been patiently waiting for him to connect me to the conference. Bellon then called again at 8:04 p.m. without mentioning anything about the conference. What he did talk about was that we need to bring pressure on the Court to get Judge Winmill's attention about the outrageous delays in getting David's case heard (over a year). His suggestion is that on the following Monday we strategize.
But the strategy turned out to be "all for me, none for you."
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