Re: Ochoa thoughts

[Haytham <haytham@puckettfaraj.com>]

I'll take another look at the jet-ski shop owner's statements. I didn't mean to suggest any witnesses perjured themselves. We agreed with all except the way Kos testified and Ho's denials of his relationship with Cruz. Ochoa doesn't deny owing her money but doesn't believe it was for the real estate stuff. Regardless, he admits to owing her money. 


Vr,
Haytham Faraj 
Sent from my iPhone

On Nov 17, 2010, at 9:10 AM, "Hatch MAJ Douglas C" <douglas.hatch@usmc.mil> wrote:

> 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
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