FATALLY FLAWED FEDERAL 19 COUNT INDICTMENT WIRE, MAIL FRAUD, STOLEN GOODS, MONEY LAUNDERING IN YELLOW HOUSE CASE

THIS IS THE 19 COUNT FEDERAL INDICTMENT (as it appears in the DOJ press release) PENDING AGAINST THE NEIGHBORS. THIS PAGE ALSO INCLUDES THE NEIGHBORS ANSWERS TO THE CHARGES!
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KANSAS CITY, KAN. – Carrie Marie Neighbors, ??, ??, and Guy Madison Neighbors, ??, ??, are charged with conspiracy to commit wire fraud, mail fraud, and money laundering in connection with the alleged sale of stolen goods.

---------ANSWER BY YELLOW HOUSE:
But there has been no victims called to pick up a single stolen item, there was no income tax evasion, and there are no known conspirators!
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INDICTMENT SAYS:

The indictment alleges the Neighbors knowingly purchased stolen goods and resold them, conducting some of the transactions on E-bay.

---------ANSWER BY YELLOW HOUSE:
To knowingly prove somebody is doing something wrong, don't you first have to prove with the evidence there was a crime? Apparently "NOT" in the Kansas Federal Court!
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INDICTMENT SAYS:

The crimes are alleged to have occurred at various times from Jan. 5, 2005, to Nov. 30, 2005 in Lawrence, Kan.


---------ANSWER BY YELLOW HOUSE:
These dates keep getting changed! The Government can't decide if they want to claim it was two years, four years or 11 months! But maybe we should give the Government a break, because these kinds of inconsistancy are expected when a lie is being told! The truth is the only thing that never changes!
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THE INDICTMENT SAYS:
The 19-count indictment includes the following charges against each of the Neighbors:– One count of conspiracy– 14 counts of wire fraud– 4 counts of money laundering
According to the indictment:– Carrie Neighbors owned Yellow House Quality Appliance, Inc., at 1904 Massachusetts Street, Lawrence, Kan., and Guy Neighbors owned Yellow House at 1835 NW Topeka Boulevard, #131, in Topeka, Kan.


------------YELLOW HOUSE ANSWER:
True, however the store in Topeka was never under investigation! Guy Neighbors never met a single witness nor purchased a single item from the witnesses named on the indictment, no sting operations or videos were made in the Topeka store. So apparently the Prosecutor mentions the store in Topeka because she hates black people and she can't let him get away.
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INDICTMENT SAYS:
– Both stores bought and sold power tools, clothing, appliances, electronics and other personal property. Some of the items were resold over the Internet on e-Bay.


----------YELLOW HOUSE ANSWER:
True, but buying and selling merchandise is not a crime. Selling on e-Bay is not a crime. That is what second hand stores do!
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INDICTMENT SAYS:
– The Neighbors had bank accounts at Commerce Bank and Intrust Bank in Lawrence.


-------------YELLOW HOUSE ANSWER:
True the Neighbors had legitimate business bank accounts!


INDICTMENT SAYS:
– The neighbors purchased items, some of which were stolen, for resale. Some of the items were “new-in-the-box” and cost the Neighbors about 50 percent of their retail value.

--------------------YELLOW HOUSE ANSWER:
Yes the Neighbors purchased items from individuals for resale. Sometimes new and sometimes used, from people representing themselves as the legal owners of the property. Paying 50-80% of the retail value, because the sellers claimed to be purchasing the items and needed to make a profit also. It would be ridiculous for someone to believe the Neighbors were paying such high prices for things they knew were stolen!
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INDICTMENT SAYS:
The Neighbors knowingly purchased stolen items from individuals identified in the indictment as L.P., N.P., J.L., M.A., P.N., S.B.C, T.K., N.B., and others.


--------------YELLOW HOUSE ANSWER:
This list of initials that represent so called witnesses is a joke. One person on the list was banned from the store at least 7 months prior to the first search warrant even being served on the business in 2005. It was already established during pretrial hearings (One before a Federal Judge) that three of the names have given perjured testimony to a grand Jury, and at least one person on the list made a documented false police report. Others have been racially profiled, threatened, and harassed at their jobs by officers involved in the Yellow House investigation attempting to intimidate witnesses into giving a false testimony.
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INDICTMENT SAYS:
Checks paying for the stolen items carried notations including “tools,” “toothbrushes,” “mixer,” “computer monitor,” “drill sharpener,” “vacuum,” “Compaq Computer,” “fish finder,” and so on. Items purchased include a Trutech DVD system, a 2-gigabyte IPOD Nano, a portable DVD Player, a Garmin eTrex GPS Receiver and so on.– The Neighbors transferred money and checks drawn on their bank accounts to purchase stolen property.


------------------YELLOW HOUSE ANSWER:
Yes the Neighbors paid with checks for everything, drawn from the businesses bank accounts, that money from the business was deposited in.. Purchasing goods from individuals at fair market prices. Notations were made on the checks to document what was purchased.. But there are absolutely no notations that any item was "stolen property" on the checks!
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INDICTMENT SAYS:

The indictment seeks a $525,000 money judgement, representing the proceeds from the alleged crimes.

--------------------YELLOW HOUSE ANSWER:
This amount has gone from $36 million, to $30 million, to $1.6 million to $1 million, to "tens of thousands" to $600,000. down to $300,00. Now back up to $525,00 for the indictment. (Here again the Government just needs to get their lie straight!)
However in the latest Department of Justice press release the Government claims two people (conspirators) sold stolen property to the Yellow House! One mans amount was $30,000, and the other guy's number was $100,000, in one year.

However during preliminary dicussions, before these witnesses took the plea, these amounts for these two individuals were only estimated amounts over a 5 year period. Still those two amounts do not total $525,000. Seems to me Somebody in the Federal Government needs to go back to grade school and take a math class!
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INDICTMENT SAYS:
Upon conviction, the alleged crimes carry the following penalties:– Conspiracy: A maximum penalty of 5 years in federal prison and a fine up to $250,000.– Wire fraud: A maximum penalty of 20 years in federal prison and a fine up to $250,000.– Money laundering: A maximum penalty of 20 years and a fine up to $500,000.
The Lawrence Police Department and the Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Marietta Parker is prosecuting.


--------------------------YELLOW HOUSE ANSWER:
The indictment claims the Federal Bureau of Investigation worked the case, however the FBI in Topeka and Kansas City claimed that was false. Both agencies claimed they had never heard of the Yellow House, and no investigation involving the Yellow House businesses ever took place by either agency!
IN CONCLUSION-
YELLOW HOUSE PERSONAL STATEMENT:
The TRUTH never changes!
It will always take you down the same path!
There can be no Justice in a case when the Government only seeks to lie, conspire, destroy and plant evidence and even go to great lengths to coverup the truth at all costs in order to get a conviction in Federal court and attempt to send innocent defendants to prison on false charges.





“Sincere forgiveness carries no expectations from the forgiven. Life always feeds back truth to people in its own way and time”
Because truth is stronger than a lie I know the truth will prevail, I pray God will have mercy on the ones who have chosen to travel down this road of deceipt.


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ACTUAL DOJ PRESS RELEASE OF INDICTMENT:
LAWRENCE COUPLE CHARGED
WITH CONSPIRACY, WIRE FRAUD, MAIL FRAUD
AND MONEY LAUNDERING

KANSAS CITY, KAN. – Carrie Marie Neighbors, ??, ??, and Guy Madison Neighbors, ??, ??, are charged with conspiracy to commit wire fraud, mail fraud, and money laundering in connection with the alleged sale of stolen goods.

The indictment alleges the Neighbors knowingly purchased stolen goods and resold them, conducting some of the transactions on E-bay. The crimes are alleged to have occurred at various times from Jan. 5, 2005, to Nov. 30, 2005 in Lawrence, Kan.

The 19-count indictment includes the following charges against each of the Neighbors:
– One count of conspiracy
– 14 counts of wire fraud
– 4 counts of money laundering


According to the indictment:
– Carrie Neighbors owned Yellow House Quality Appliance, Inc., at 1904 Massachusetts Street, Lawrence, Kan., and Guy Neighbors owned Yellow House at 1835 NW Topeka Boulevard, #131, in Topeka, Kan.
– Both stores bought and sold power tools, clothing, appliances, electronics and other personal property. Some of the items were resold over the Internet on e-Bay.
– The Neighbors had bank accounts at Commerce Bank and Intrust Bank in Lawrence.
– The neighbors purchased items, some of which were stolen, for resale. Some of the items were “new-in-the-box” and cost the Neighbors about 50 percent of their retail value.
– The Neighbors knowingly purchased stolen items from individuals identified in the indictment as L.P., N.P., J.L., M.A., P.N., S.B.C, T.K., N.B., and others. Checks paying for the stolen items carried notations including “tools,” “toothbrushes,” “mixer,” “computer monitor,” “drill sharpener,” “vacuum,” “Compaq Computer,” “fish finder,” and so on. Items purchased include a Trutech DVD system, a 2-gigabyte IPOD Nano, a portable DVD Player, a Garmin eTrex GPS Receiver and so on.
– The Neighbors transferred money and checks drawn on their bank accounts to purchase stolen property.

The indictment seeks a $525,000 money judgement, representing the proceeds from the alleged crimes.

Upon conviction, the alleged crimes carry the following penalties:
– Conspiracy: A maximum penalty of 5 years in federal prison and a fine up to $250,000.
– Wire fraud: A maximum penalty of 20 years in federal prison and a fine up to $250,000.
– Money laundering: A maximum penalty of 20 years and a fine up to $500,000.

The Lawrence Police Department and the Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Marietta Parker is prosecuting.

U.S. Attorney Marietta Parker OBTAINED Fatally FLAWED Federal Indictment through perjured testimony by convicted Felons IN Yellow House case

The defendants Guy and Carrie Neighbors have used voice recorders, web cams and video camera’s kept at the front counter to document all the transactions of the business.

All transactions of buying merchandise are conducted at the front counter in front of these recording devises. People named as witnesses in the indictment are documented in these recordings selling items to the store.

These hours of videos and voice recordings contradict the indictments claims, and clearly show these transactions were not conducted in a way the business owners would have had any knowledge that the items being purchased from these individuals had a possibility of being stolen.

Even the Government made multiple covert exculpatory recordings inside the business wearing hidden cameras and recorders. Then made even more recordings and several failed sting operations that involved informants getting paid as much as $200 (some of which the police have failed to turn over to the defense as part of the discovery) this video evidence clearly shows the vulnerability and honesty of the defendants, the later taken during at least 2 months of surveliance from the empty firestation accross the street. Together this collection of electronic evidence would clearly leave a reasonable person to doubt the guilt of the defendants.

During a proffer session conducted in August 2006,(early in the investigation,) some of these exculpatory voice recordings made at the front counter of the business by the defendants (which included the voices of people named in the indictment as witnesses) were presented and played for the investigators by the defendant Carrie Neighbors. Present during the proffer and presentation of the recordings were Police Officers Jay Bialek and Mickey Rantz, IRS Agent Rob Jackson, and Postal Inspector David Nitz, and defense Attorney Aaron McKee.

Not only do the defendants have voice recordings and videos of some of the witnesses listed on the indictment, that clearly shows the indictment fails to assert facts supporting every element of a criminal offense, the defendants also have a saved voice recording of a questionable person or possible FBI impersonator claiming to be FBI Agent Bob Shaefer from the Kansas City FBI, yet calling from a number showing on the caller I.D. as a Department of Justice phone number.




Not only was the testimony before the Grand Jury in the Yellow House case acts of perjury, fictitious, fraudulent statements by non-credible witnesses for the purpose of indictment. The entire indictment is filled with repetitive false writings and impossible speculation as to the defendants state of mind and extent of knowledge pertaining to the actions of the individuals bringing items into the business to sell.

Pursuant to Rule 12 of the Federal Rules of Criminal Procedure, that the Court dismiss the indictment due to the government’s misconduct in knowingly and/or recklessly presenting false, misleading, and material testimony before the grand jury.

Not only has the prosecutor presented the courts with false information, it is confusing why this purchased hearsay evidence by convicted felons needing a deal was allowed when it typically would be considered inadmissable in most Federal Court proceedings and even borders on bribary status.

How can the Federal court allow a superseding indictment to be added to an existing indictment that was established through an earlier evidence hearing before a Federal Judge to be egregeous and riddled with false accusations, and the evidence fails to establish any crimes have been committed by the defendants? Therefore rendering that the original indictment itself is not constitutionally valid. To be constitutionally valid, an indictment “must allege lucidly and accurately all the essential elements of the offense endeavored to be charged.” State v. Greer, 238 N.C. 325, 327, 77 S.E.2d 917, 919 (1953).

The purpose of the evidence presented before a Grand Jury is to determine if a reasonably minded jury could accept the relevant evidence as adequate and sufficient to support the conclusion of defendant's guilt beyond a reasonable doubt. United States v. Parr, supra at 463-64; see also, United States v. Goss, 650 F.2d 1336, 1341-42 (5th Cir. 1981).

To comport with our Criminal Procedure Act, an indictment must “assert facts supporting every element of a criminal offense and the defendant's commission thereof with sufficient precision clearly to apprise the defendant . . . of the conduct which is the subject of the accusation.” N.C. Gen. Stat. § 15A-924(a)(5)(2006).
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18 U.S.C. § 1001 (1976) provides:
Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

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Giving testimony to the grand jury that was "patently false and misleading in material respects and undoubtedly led to the erroneous indictment

The use of false and perjurious testimony cannot be reasonably explained or justified, and the use of such evidence is an affront to our justice system and a deprivation of the most basic and inalienable rights due each of us!

Defendants Carrie and Guy Neighbors therefore move, pursuant to Rule 12 of the
Federal Rules of Criminal Procedure, that the Court should dismiss the indictment due to the government’s misconduct in knowingly and/or recklessly presenting false, misleading, and material testimony before the grand jury.

As stated previously, the Government has failed to investigate and indicted this case by making deals and failing to responsibly and carefully examine each individual’s actions and each individual’s words.

While the law of conspiracy may be broad in scope, its breadth is not limitless, and the Government must show each individual’s willful and knowing involvement in an unlawful agreement with convincing, reliable and honest evidence beyond mere hearsay and speculation.

The United States Supreme Court has recognized that prosecutorial misconduct can
justify the dismissal of an indictment “‘if it is established that the violation substantially influenced the grand jury’s decision to indict,’ or if there is ‘grave doubt’ that the decision to indict was free from the substantial influence of such violations.”
Bank of Nova Scotia v. United
States, 487 U.S. 250, 256, 108 S. Ct. 2369, 2374 (1988) (quoting United States v. Mechanik, 475
U.S. 66, 78, 106 S. Ct. 928, 945-46 (1986)).5 See also United States v. Williams, 504 U.S. 36, 46
& n.6, 112 S. Ct. 1735, 1741 & n.6 (1992)

(district court’s supervisory power can be used to dismiss indictment because of misconduct before grand jury, at least where that misconduct amounts to violation of one of those few, clear rules which were promulgated by Supreme Court and Congress to ensure integrity of grand jury’s functions, such as prohibitions against false declarations before grand jury and subornation of perjury)

(citing, inter alia, Bank of Nova
Scotia); United States v. Vallie, 284 F.3d 917, 921 (8th Cir. 2000)

(“An indictment cannot be based on perjured testimony, and the government may not use perjured testimony at trial if there is a reasonable chance that it would affect the jury’s judgment[.]”) (citations omitted).

CONCLUSION
For the foregoing reasons, Defendants Guy and Carrie Neighbors hope the Defense attorney's in this case will soon respectfully request through a motion filed on behalf of their innocent clients that the Court should in the name of Justice and respect for the integrity of the courts and Justice system as a whole dismiss the Indictments based on the government’s misconduct in knowingly and/or recklessly presenting false and misleading testimony to the grand jury.