[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
RE: Ochoa thoughts
Haytham,
Thanks for the email. I talked to NCIS yesterday about contacting Christian Cruz. We'll of course let you know what we find out. As you know, we won't be able to get his bank records until we have subpoena power. Maybe he'll consent.
I have to tell you, I put very little credence in Ochoa's unsworn statement. It's just simply incredible to me. For example, take a look at the statements from the jet-ski shop owners, and compare what they told NCIS with what Ochoa's version of events is. I also don't think the witnesses committed perjury. That being said, of course I understand that the case has its share of weaknesses.
I think it's great he wants to pay some of these folks back. Please keep me posted.
S/F
Doug
-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Tuesday, November 16, 2010 5:22 PM
To: Hatch MAJ Douglas C
Subject: Ochoa thoughts
Doug,
Thanks for the contact information. I've thought about this case on my
drive north and over the last few hours. I am troubled by the facts. I've
heard the information Ochoa provided in his statement before but it was more
real in the formal proceeding. It disturbs me that Ochoa is the fall guy
for a SSgt who took advantage of a then Lance Corporal to defraud Marines of
their money and to buy a house with it. The house was bought in 2004 in
Canyon lake. If you are familiar with CA real estate prices during that
period you understand what that means. There is no way a Staff Sergeant
could afford the house that was described -or any house in CA for that
matter- the monthly mortgage or the required down payment. I had friends
that were Captain and Majors that couldn't afford to buy a house during that
period even on 2 incomes. Add to that the highly questionable actions of
Herrington and it leaves me very troubled that this Marine is going to
suffer the brunt of the punishment and responsibility.
As I told you, I believe Ochoa but I'm not a human lie detector. I will
tell you that I do not sponsor testimony that I have ANY doubt in. That's
not the way I do business. I am going to ask you to please look into the
Cruz connection. I don't think he's going to admit to taking money but the
house (real estate records are public as you know) and his bank statements
may provide some insight. I may wind up with egg on my face but as a former
officer I would be remiss if I didn't request that you inquire into this.
Regardless of the outcome of your investigation, Cpl Ochoa has already
contacted his parents who have agreed to pay his bona fide debts back but it
will require some time. I think it is only just, however, to make him pay
what he is genuinely responsible for. I have come up with an COA that may
guarantee victims their money without keeping Ochoa until the payments are
completed. I can have a non-party attorney draft an agreement that
obligates Ochoa to pay which will be guaranteed by the parents. In case of
a default, the judgment party can seek a default judgment in CA and execute
it in Texas. The agreement will waive any rights by the Ochoas to challenge
execution of a default judgment in Texas. We can also include a provision
that the defaulted party will be responsible for all attorney's fees
incurred in the event they have to enforce the agreement and execution.
Vr,
Haytham
-----Original Message-----
From: Hatch MAJ Douglas C [mailto:douglas.hatch@usmc.mil]
Sent: Tuesday, November 16, 2010 7:08 PM
To: Haytham Faraj; Marshall Maj Meridith L
Subject: Ochoa contacts
Below is contact info you requested from SA Villalobos yesterday.
-----Original Message-----
From: Villalobos, Wilfredo J CIV NCIS, MWMM
[mailto:wilfredo.villalobos@navy.mil]
Sent: Monday, November 15, 2010 12:23 PM
To: Hatch MAJ Douglas C
Subject: FW: Fugitive Case
Dep Nick Rose
210-845-3553
Nicholas.Rose@usdoj.gov
SA CLAYBORN is at CRFO possibly deployed
(912) 577-0359
Kevin.clayborn@navy.mil
v/r
Will J Villalobos, Special Agent
Naval Criminal Investigative Service
Marine Corps West Field Office
NCISRA Miramar
TEL:(858)577-6756/4355
WILFREDO.VILLALOBOS@NAVY.MIL
FOR OFFICIAL USE ONLY/CONFIDENTIALITY NOTICE: This electronic transmission
(and/or the accompanying documents) is from the Naval Criminal Investigative
Service and may contain personal information protected under the Privacy
Act, 5 USC 552a. It is intended only to be read by the individual to whom it
is addressed or their designee. Do not release outside of DoD channels
without prior authorization from the sender. If the reader of this message
is not the intended recipient, you are on notice that any distribution of
this message, in any form, is prohibited. Nothing in this message should be
construed as expressing the opinion of the United States government, the
Naval Criminal Investigative Service, the United States Navy or the United
States Marine Corps. If you have received this message in error, please
immediately notify the sender by telephone at 858-577-6756 and delete or
destroy any copy of this message. Any misuse or unauthorized disclosure may
result in both civil and criminal penalties.