Pre Sentence Report (PSR)

The PSR is a report prepared by a U.S. probation officer for the purpose of assisting the court (Judge) in passing sentence on the defendant. The U.S. probation oficer is supposed to include any and all relevant facts of the investigation/crime in order to aid the Judge in making her final decision as to sentencing. I am not allowed to tell you what was in my PSR due to confidentiality rules, but I can tell you what was NOT in my PSR.

The reader should know that prior to the Judge receiving a final copy of the PSR, the defendant is allowed to review it and suggest any corrections/additions that may be relevant. Suffice it to say that U.S. probation officer Catherine Hollinrake chose NOT to include some very pertinent additions/corrections that we requested either in writing or verbally. THE FIX WAS IN!

Remember, even though the government agreed NOT to ask for prison time (the misdemeanor that I pled guilty to potentially carried up to a year in prison) they were still hoping that the Judge would exercise her sentencing discretion and have me fitted for an orange jumpsuit for up to one year. My beliefs are based on the following facts that we asked to be included in the PSR, but were told by U.S. probation officer Hollinrake that her supervisor would not allow it.

So basically, she was using what is commonly referred to as the Nuremberg Defense, she was just following orders! You, the reader, may recollect that back in 1946 that defense originated with certain Nazi war criminals. Things didn't work out all that well for them.

1) No mention was made that neither MB or MBUSA had ever registered their software copyright with the USA copyright office indicating a desire to protect their copyrighted intellectual property under the laws of the United States.

2) Neither was mention made that, thanks to discovery provided by the government, MBUSA had absolutely no immediate intention of registering their copyrighted software, not withstanding this investigation.

3) No mention was made of the fact that MBUSA could have legally retroactively registered their software copyright, but chose not to, even at the request of the U.S. Attorney's office.

4) FBI agent Parsons had such a strong case against me that he actually fabricated a significant portion of my 302 that showed that I was obviously lying to the FBI, and yet I was never charged with lying to the FBI.

5) FBI agent Parsons was caught violating my Attorney/Client privilege.

6) The FBI was found guilty by Judge Brown of knowingly violating my rights under Miranda.

7) No mention was ever made that MB/MBUSA had knowledge of what I was doing since at least 2003 and chose not to do anything.

8) No mention was made of the fact that Brinson had been a vendor to MBUSA since 2006 and had received the single largest order in it's history from MBUSA in the middle of this investigation. The order was shipped just a few weeks prior to a February 2015 trial date.

9) No mention was made of MBUSA's admitted EPA violations as the reason why Brinson was never pursued.

10) No mention was made that aftermarket diagnostic tools using the OE software were and still are available on EBAY, Amazon and numerous other web sites.

11) No mention was made of my refusal to sign the third superseding indictment because of AUSA Ginsberg's deliberate refusal to delete the car stealing language from the original indictment as per Judge Brown's explicit order. I did agree to sign the fourth superseding indictment which did not include the car stealing language, as per Judge Brown's order.

12) I objected to the repeated word "reportedly" in the PSR. To me, this word gives the impression that I might be lying to a federal officer. This word was not removed from my PSR. This was all part of the effort to discredit me as much as possible in the eyes of Judge Brown.

13) No mention was made of the fact that AUSA Ginsberg knowingly lied to Judge Brown in writing, in a pleading where he clearly stated that MB/MBUSA had no knowledge of my actions.

THE FIX WAS IN !