Ochoa thoughts

[Haytham Faraj <haytham@puckettfaraj.com>]

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

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