293 - Inteligentry Operating Statement May 2011 to March 3 2013

Transcription

Case 2:13-cv-00344-RFB-NJK Document 293 Filed 05/28/15 Page 1 of 16
Kenneth J. Guido
Hemma B. Ramrattan
U.S. Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
(202) 551-4480
(202) 772-9282
[email protected]
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
________________________________________________
:
SECURITIES AND EXCHANGE COMMISSION,
:
:
Plaintiff,
:
:
v.
: Civil No. 2:13-cv.00344
:
RFB-NJK
INTELIGENTRY, LTD., PLASMERG, INC.,
:
PTP LICENSING, LTD., and JOHN P. ROHNER,
:
:
Defendants.
:
_______________________________________________ :
SECURITIES AND EXCHANGE COMMISSION’S MOTION AND SUPPORTING
MEMORANDUM FOR AN ORDER
HOLDING JOHN P. ROHNER IN CIVIL CONTEMPT
The Securities and Exchange Commission (“Commission” or “SEC”) moves the Court to
enter an Order that defendant John P. Rohner (“Rohner”) is held in civil contempt of this Court’s
Orders.
The SEC respectfully requests that Rohner be held in contempt for his willful
disobedience of the Court’s Asset Freeze and Preservation Orders issued as part of it Temporary
Restraining Order (“TRO”) of March 7, 2013 (Docket No. 23 at 14-15 and 17-18), that was
incorporated into its Order of Preliminary Injunction (“Preliminary Injunction”) issued on March
18, 2013 (Docket No. 34 ¶¶ VIII, XII and XIII) and of the Court’s Affidavit of Assets Order as
part of its March 31, 2015 Order (Docket No. 269 at 8, 11 and 33).
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This Motion is made and based on the following Memorandum of Points and Authorities
and Declarations and Attachments thereto.
MEMORANDUM OF POINTS AND AUTHORITIES
On March 7, 2013, the SEC filed the Complaint against John P. Rohner (“Rohner”) and
Corporate Defendant Inteligentry, Ltd. (“Inteligentry”), PlasmERG, Inc. (“PlasmERG”) and PTP
Licensing, Ltd. (“PTP”) (collectively “Corporate Defendants”) for violations of Section 17(a) of
the Securities Act of 1933 (the “Securities Act”) [15 U.S.C. § 77q(a)], Section 10(b) of the
Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. §§ 78j(b)] and Rule 10b-5 [17
C.F.R. § 240.10b-5] thereunder.
The SEC also charged Rohner, Inteligentry and PlasmERG with violations of the
registration requirements of Sections 5(a) and 5(c) of the Securities Act [15 U.S.C. §§ 77e(a),
77e(c)], and charged Rohner with aiding and abetting the Corporate Defendants’ violations of
Section 17(a) of the Securities Act [15 U.S.C. § 77q(a)], Section 10(b) of the Exchange Act [15
U.S.C. § 78j(b)] and Rule 10b-5 [17 C.F.R. § 240.10b-5] thereunder, pursuant to Section 15(b)
of the Securities Act [15 U.S.C. § 77o(b)] and Section 20(e) of the Exchange Act [15 U.S.C. §
78t(e)] respectively.
Simultaneously with the filing of the Complaint, the SEC moved for a TRO for, among
other things, a temporary injunction against violations of the statutory provisions cited in the
Complaint, an order requiring disclosure of assets, and Asset Freeze and Preservation Orders to
preserve the assets of Rohner, Inteligentry, PlasmERG, and PTP for the benefit of defrauded
shareholders.
On March 7, 2013, the Court granted the SEC’s Motion for a TRO, finding that “the SEC
has made a sufficient showing to establish a likelihood of success on the merits” and “that an
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injunction is in the public interest because of the likelihood of repeated violations and the
public’s strong interest in preserving illicit proceeds of fraud.” (Docket No. 23 at 6).
The SEC had Rohner, Inteligentry, PlasmERG, and PTP personally served with the
Court’s TRO on March 8, 2013, at 11:24 a.m. (Docket Nos. 74-79).
The Court incorporated the language of the TRO’s Asset Freeze and Preservation Orders
in its Order of Preliminary Injunction issued on March 18, 2013, with Rohner’s consent.
(Docket No. 34 ¶¶ VIII, XII, and XIII, at 6, 8 and 9).
Thus, as of March 8, 2013, and at all times thereafter, Rohner knew he was bound by the
terms of the TRO and Preliminary Injunction, including the Asset Freeze and Preservation
Orders.
On March 31, 2015, this Court ordered Rohner to provide the SEC with disclosures in
compliance with the TRO, ruling that “Rohner’s submissions to date have been insufficient for
compliance.” (Docket No. 269 at 8 (“Rohner is ordered to provide to the SEC disclosures in
compliance with the temporary restraining order.”)).
Instead of complying with the Court’s March 31, 2015 Order, Rohner simply refiled the
documents the Court expressly held were not in compliance with the Court’s two previous
Orders.
Rohner has not only failed to file the required disclosure, he has sold and/or transferred
assets in violation of the Court’s Asset Freeze and Preservation Orders.
ARGUMENT
I.
Rohner Should Be Held In Civil Contempt
A court’s power of contempt is an “inherent” power that is “necessary to the exercise of
all others.” Int’l Union, United Mine Workers of Am. v. Bagwell, 512 U.S. 821, 831 (1994). An
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order of civil contempt is specifically authorized by 18 U.S.C. § 401(3), which provides: “A
court of the United States shall have the power to punish by fine or imprisonment, or both, at its
discretion, such contempt of its authority, and none other, as – Disobedience or resistance to its
lawful writ, process, order, rule, decree, or command.” See United States v. Powers, 629 F.2d
619, 624 (9th Cir. 1980) (“Section 401 applies to both criminal and civil contempt . . . .”).
“A district court has the power to adjudge in civil contempt any person who … disobeys
a specific and definite order of the court.” Gifford v. Heckler, 741 F.2d 263, 265 (9th Cir. 1984)
(citing Shuffler v. Heritage Bank, 720 F.2d 1141, 1146 (9th Cir. 1983)). In a civil contempt
proceeding, the party petitioning the court for contempt must prove that the respondent
violated a prior court order. In re Bennett, 298 F.3d 1059, 1069 (9th Cir. 2002); In re Dual–
Deck Video Cassette Recorder Antitrust Litig., 10 F.3d 693, 695 (9th Cir. 1993).
“A person fails to act as ordered by the court when he fails to take all the reasonable steps
within his power to insure compliance with the court’s order.” Shuffler, 720 F.2d at 1146-47
(internal quotation omitted). “Intent is not an issue in civil contempt proceedings. The sole issue
is whether a party complied with the district court’s order.” Donovan v. Mazzola, 716 F.2d
1226, 1240 (9th Cir. 1983) (internal quotation omitted). Because the purpose of civil contempt
is remedial, intent in failing to comply with the order is irrelevant. See McComb v. Jacksonville
Paper Co., 336 U.S. 187, 191 (1949) (noting that civil contempt serves a remedial purpose and
that “it matters not with what intent the defendant did the prohibited act.”); In re Dyer, 322 F.3d
1178, 1191 (9th Cir. 2003).
A.
Rohner Failed to Disclose Assets In Violation of Court’s Orders
The Affidavit of Assets Order in the TRO and Preliminary clearly and unequivocally
states that “[e]ach defendant shall: . . . provide the Commission with a verified, written
accounting, signed by the defendant under penalty of perjury, of all funds, assets and liabilities
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including: all real and personal property exceeding $5,000 in value, located both within and
outside the United States. . . .” (Docket No. 23 at 17-18 and Docket No. 34 ¶ XIII).
In addition to the disclosure requirements imposed upon Rohner in the TRO and
Preliminary Injunction, this Court ordered Rohner to provide the SEC with disclosures in
compliance with the TRO after ruling that “Rohner’s submissions to date have been insufficient
for compliance.” (Docket No. 269 at 8). The Court’s March 31, 2015 Order clearly and
unequivocally states:
Rohner shall instead produce documentation listing and describing 1) all personal
and company assets that are currently in Rohner’s possession, 2) all personal and
company assets that were in Rohner’s possession at any time after the order
freezing assets or seizure of assets, and 3) all transactions and transfers of any
assets to any other individuals or entities that took place after the order freezing
assets or seizure of assets. This includes any releases of property to former
employees as a means of compensation. This includes, but is not limited to,
transfers to Sandra Fickas-Reisner and/or Control Systems Consulting. This
documentation should include and distinguish physical property, such as
prototype engines or computers, and intellectual property, such as patent
applications or trademarks.
(Docket No. 269 at 8).
[T]he Court will modify Rohner’s document production obligations under the
Preliminary Injunction to require Rohner to submit an affidavit identifying assets
and transfers to the best of his ability, unless he asserts a Fifth Amendment
privilege.
IT IS FURTHER ORDERED that Rohner will, within one week of this order, if
he has not already done so, deliver to the SEC documentation of all Rohner’s
current assets, the assets Rohner had at the time of the restraining order and
seizure, and whatever physical or intellectual property, accounts, and other assets
have been transferred to other individuals or entities.
On April 24, 2015, almost three weeks after the ordered filing date, Rohner filed his so
called “Net Worth Report for the SEC,” a document purporting to be the accounting ordered by
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the Court. (Docket No. 280). This was not a sworn or verified written accounting that would
facilitate the location and preservation of assets the Court ordered him to produce to the SEC
over two years ago (Docket No. 23 at 18-19 and Docket No. 34, Paragraph XIII), and again last
month (Docket No. 269 at 8, 11 and 33). Instead, Rohner provided a vague list which omitted to
mention the materials he had shipped to Inteligentry manufacturer Daniel Nims in Walla Walla,
Washington, the electronic components he directed former Inteligentry employee Nicholas Hoerl
to take home, or the “intellectual property” and licensing rights he transferred to former
Inteligentry employee Sandra Fickas-Reisner and Rohner’s newly organized entity Control
Systems Consulting, as outlined in the SEC’s First Motion for Contempt. (Docket No. 110 at 47).
Rohner merely makes the same arguments and cites the same figures that the Court has
already ruled as “insufficient for compliance.” (Docket No. 269 at 8). Rohner does not list or
describe all personal and company assets that were in Rohner’s possession after the TRO and
seizure of assets. Rohner does not list or describe all transactions and transfers of any assets to
any other individuals or entities that took place after the TRO and seizure of assets. Rohner does
not identify any assets in in which he has a legal or beneficial interest as the Court ordered on
March 31, 2015. (Docket No. 269 at 8). Rohner’s actions are clearly in contempt of this Court’s
orders.
B.
Rohner Transferred and Sold Real Estate and Automobiles In Violation of
Court’s Freeze Orders
The Asset Freeze and Preservation Orders in the TRO and Preliminary Injunction clearly
and unequivocally state:
Defendants . . . shall hold and retain within their control, and otherwise prevent any
direct or indirect withdrawal, disposition, sale, transfer, pledge, hypothecation,
changing, wasting, encumbrance, assignment, dissipation, conversion, concealment,
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or other disposal whatsoever of any funds, assets, securities, or other real or
personal property, wherever located, of defendants, and their subsidiaries and
affiliates. . . .
(Docket No. 23 at 14-15 and Docket No. 34 ¶ VIII).
Should the defendants wish to sell any piece of real property in which they have
an interest, the defendants shall give counsel for the Commission notice of the
proposed sale and seek the concurrence of the Court in the transaction prior to its
consummation. The defendants shall fully account for any proceeds received from
the sale of such property to the Court and counsel for the Commission and the
proceeds of such sales paid to the defendants shall be frozen pursuant to the
provisions of this Order and submitted to the registry of the Court; and the
defendants are hereby prohibited from further encumbering their interests in any
real or personal property by means of pledging it for collateral for any purpose or
by allowing it to secure any obligation
(Docket No. 23 at 17 and Docket No. 34 ¶ XI).
Defendants . . . are hereby restrained from, directly or indirectly, destroying,
mutilating, altering, concealing, disposing of, transferring, or otherwise
interfering in any manner with the Commission’s access to any and all
documents, books, records, correspondence, written communications, ledgers,
accounts, statements, files, audio recordings, video recordings, and assets or other
property of or pertaining to defendants. . . .
(Docket No. 23 at 17 and Docket No. 34 ¶ XII).
As of March 8, 2013, Rohner had a legal or beneficial interest in the following assets:
•
Real property located at 408 W Broadway Ave, Keota, Iowa 52248-9451 (“Keota
Property”);
•
Real property located at 227 S Walnut St, North English, Iowa 52316-9558 (“North
English Property”);
•
Real property located at Regency Mobile Home Community, Lot 520, Iowa City, Iowa
52246 (“Mobile Home Lot 520”);
•
Real property located at Regency Mobile Home Community, Lot 131, Iowa City, Iowa
52240 (“Mobile Home Lot 131”);
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•
A 2004 Ford Expedition, VIN 1FMFU18L84LB31728, titled in Nevada on October 21,
2011, Nevada Title Number NV0049921054;
•
A 2012 Honda Pilot, VIN 5FNYF4H70CB046914, titled in Nevada on May 21, 2012,
Nevada Title Number NV0054005922;
•
A 1999 Honda Accord, VIN 1HGCG1659XA047695, titled in Nevada on July 14, 2011,
•
A 1986 Honda Civic, VIN JHMAK5434GS004128, titled in Texas on November 23,
2000, Texas Title Number 01400136841095845, co-owned and co-registered with Olga
Vladimirovna Rohner;
•
A 1984 Honda Civic, VIN JHMAF5336ES007096, titled in Texas on August 11, 1994,
Texas Title Number 00022200044108966; and
•
A 1980 Toyota Celica, VIN listed as RA42355739, titled in Texas on March 2, 2001,
Texas Title Number 01420136941113819, co-owned and co-registered with Matthew
Rohner.
(Declaration of Kenneth J. Guido (hereinafter “Guido Decl.”) Exs. 1, 2 [April 6, 2015 Beacon
Report; April 6, 2015 LexisNexis Current Asset Report of John Peter Rohner]). 1
In blatant disregard of the Court’s Orders, Rohner sold many of these properties and
automobiles. First, Rohner attempted to transfer the Keota property to his wife on September 19,
2013. (Guido Decl. Ex. 1 [April 6, 2015 Beacon Report]). Second, Rohner sold or transferred
two of the automobiles. (Docket No. 280 at 9, 10-11). Third, Rohner sold the North English
property on December 12, 2014. (Guido Decl. Ex. 4 [April 6, 2015 LexisNexis Deed Record for
1
One other real estate property is in the name of Margaret Rohner: 708 Main Street, South English, Iowa 523358602 (“South English Property”). (Guido Decl. Ex. 3 [April 6, 2015 LexisNexis Deed Record for South English
Property]).
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North English Property]). Finally, Rohner and his wife sold the Keota property for $86,000 on
September 4, 2014. (Guido Decl. Ex. 1 [April 6, 2015 Beacon Report]).
Except for the sale of the Keota property, which gets no mention, Rohner does not
dispute these facts. In fact, Rohner admits that he sold and transferred multiple assets, which is a
clear violation of this Court’s order to freeze and preserve assets. Rohner admits that he
transferred his interest in the Keota Property to his wife. (Docket No. 280 at 9). Rohner admits
that he sold the North English Property. (Docket No. 280 at 12-13). Although Rohner claims
that Mobile Home Lot 131 is owned by his sons, he offers absolutely no proof for this statement.
(Docket No. 280 at 10). Furthermore, Rohner admits that the sold the Ford Expedition and used
the proceeds to pay off his personal bills (Docket No. 280 at 9, 10-11) and that he transferred the
Honda Pilot to his wife. (Docket No. 280 at 9, 11).
Rohner did not give counsel for the Commission notice of either real estate sale, nor did
he seek the concurrence of the Court in the transactions prior to their consummation as required
by the TRO and Preliminary Injunction. (Docket No. 23 at 17). Rohner did not fully account for
the proceeds received from the sale of the properties to the Court and counsel for the
Commission, nor did he submit any of those proceeds to the registry of the Court as also required
by the TRO and Preliminary Injunction. (Docket No. 23 at 17).
These sales and fraudulent transfers were all done during the time that Rohner was bound
by this Court’s order to freeze and preserve assets. Thus, in short, Rohner’s actions are clearly in
contempt of this Court’s orders.
C.
Rohner Transferred Inteligentry’s Assets to Third Parties in Violation of
Court’s Orders
The Asset Freeze and Preservation Orders in the TRO and Preliminary Injunction clearly
and unequivocally state:
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Defendants . . . shall hold and retain within their control, and otherwise prevent any
direct or indirect withdrawal, disposition, sale, transfer, pledge, hypothecation,
changing, wasting, encumbrance, assignment, dissipation, conversion, concealment,
or other disposal whatsoever of any funds, assets, securities, or other real or
personal property, wherever located, of defendants, and their subsidiaries and
affiliates. . . .
(Docket No. 23 at 14-15 and Docket No. 34 ¶ VIII).
Defendants . . . are hereby restrained from, directly or indirectly, destroying,
mutilating, altering, concealing, disposing of, transferring, or otherwise
interfering in any manner with the Commission’s access to any and all
documents, books, records, correspondence, written communications, ledgers,
accounts, statements, files, audio recordings, video recordings, and assets or other
property of or pertaining to defendants. . . .
(Docket No. 23 at 17 and Docket No. 34 ¶ XII).
Rohner transferred Inteligentry Assets to third parties in clear violation of the Court’s
Orders. Despite claiming in his court filings, “that there can be no ‘Intellectual Properties’ asset
available,” (Docket No. 280 at 2), Rohner boldly touts that the Inteligentry IP is an asset to the
investors of a new corporation. (Guido Decl. Ex. 5 [Plasmic Transition website as of January 8,
2015 at 4]). As explained in the SEC’s First Motion for Contempt, Plasmic Transition Process
and Control Systems Consulting are the new companies set up by Rohner to continue the work of
the defendants. (Docket No. 110 at 5-7), Rohner’s transfer of Inteligentry Assets to third parties
is evidenced by his statements on the Inteligentry, PlasmERG, Plasmic Transition, and Plasmic
Transition Process websites for which he is the author:
The investors have, or are, forming their own private corporation to function as a
"holding: [sic] company for the Consulting and licensing company they stated
several months ago with the ex employees as partners.
(Guido Decl. Ex. 6 [Inteligentry website as of January 8, 2015 at 14]).
We Recommend that anyone who wishes to continue with their dream of using
this engine do so by contacting the following: … Plasmic Transition Process. Ltd.
…
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They now have the will, experience, knowledge, information and most
importantly THEY HAVE Protected it (and you). Their pending patents and
willingness to share will make this Technology a reality for all mankind.
(Guido Decl. Ex. 7 [PlasmERG website as of January 8, 2015 at 1]).
IMPORTANT NOTICE: Plasmic Transition Process Has been given "Exclusive
Rights" to the EX Inteligentry IP but is NOT making engines, in the US, - BUT Plasmic Transition Process will be protecting all the License contracts,
Copyrights and IP, written or verbal or any other kind, that it has been licensed to
have rights to.
…
THIS IS NOW considered an "ASSET" to the Investors.
(Guido Decl. Ex. 5 [Plasmic Transition website as of January 8, 2015 at 4]).
As of April 15 2014 all of John Rohner's EX pending patents are being re written
and filed or started in whatever country, as the property of Plasmic Transition
Process, Ltd. or the Masters, under various names.
(Guido Decl. Ex. 8 [Plasmic Transition Process website as of January 8, 2015 at 2]).
The transfer of Inteligentry assets to third parties was done during the time that Rohner
was bound by this Court’s order to freeze and preserve assets. Rohner’s actions are thus in
contempt of this Court’s orders.
D.
Rohner Offered and Sold Stock In Violation of Court’s Orders
The TRO and Preliminary Injunction clearly and unequivocally state that “Defendants . . .
are prohibited from directly or indirectly participating in the issuance, offer, or sale of any
security in an unregistered transaction. . . .” (Docket No. 23 at 11 and Docket No. 34 ¶ II).
In blatant disregard of the Court’s Orders, Rohner 2 actively promoted the issuance, offer
and sale of securities in unregistered transactions 3 as evidenced from the Inteligentry and
Plasmic Transition websites:
2
“Rohner was the only author and owner of any website. (Docket No. 269 at 19 (citing Rohner’s Response
acknowledging control of the websites)” (Docket No. 282 at 9). This is further demonstrated on the websites
themselves: “Web Content Copyright © 1998-2015 by John P Rohner” and “This document maintained by John P
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The Stock you were all promised has been changed over to PTP Stocks.
The Investors are being asked to get their information to Sandy so a
comprehensive stockholders map can be readied for the new corporation, at it's
start. The new corp will have 30% of the stock held in a block to be used as
"perks" to find good people to join it.
…
Investors positions within the new corporation will be representative of how they
are, without my block. ie 70% will be divided by the participating Investors.
Welcome to the new Plasmic Transition Process company web site!
The ex Inteligentry Investors have created a new closed corporation to be made
up mostly of the now, ex Inteligentry Investors. All valid investors are being
reapportioned to a proper stock position as befits their Inteligentry investment.
Stock was allocated, assigned and provided at the first meeting January 25, 2014.
A new Corporation was opened with initial Stock allocation of 75,000 shares,
25% set aside for growth and has been set up…
Inteligentry investors will "trade" their investment in Inteligentry for this new
company. Keep in mind if you had a block of 10 that will now be a block of N,
the multiplier voted in and translate to more shares in the new corporation.
There has been a set aside of 30% for use to "entice" management, employees or
others. The First meeting will also vote in the Directors and officers, investors
meeting every 6 months etc.
…
So the big news is the Inteligentry Technology is back in development and could
now get to market in as little as 6 or 10 months.
Rohner” (Guido Decl. Exs. 5, 6 [Plasmic Transition website as of January 8, 2015 at 5; Inteligentry website as of
January 8, 2015 at 7, 16]).
3
See Attestation of Barbara J. Volpe, filed concurrently with this Motion.
12
An exchange of securities is a sale of securities under the Securities and Exchange Acts.
The term “sale,” as used in the Exchange Act, includes “any contract to sell or otherwise dispose
of.” 15 U.S.C. § 78c(a)(14). Likewise, an offer to exchange securities is an offer to sell, as the
definition of “sale” includes every “disposition of a security… for value.” 15 U.S.C. § 77b(3).
Stock exchanged for new stock is the disposition of a security for value and is therefore a sale.
SEC v. National Securities, Inc., 393 U.S. 453, 467 (1969); Bixler v. Foster, 596 F.3d 751, 760
(10th Cir. 2010); Realmonte v. Reeves, 169 F.3d 1280, 1285 (10th Cir. 1999); Gelles v. TDA
Indus., Inc., 44 F.3d 102, 104 (2d Cir. 1994); Poptech, L.P. v. Stewardship Inv. Advisors, LLC,
849 F. Supp. 2d 249, 272-73 (D. Conn. 2012).
Rohner’s participation in the issuance, offer and sale of securities in these unregistered
transactions was done during the time that Rohner was bound by this Court’s order prohibiting
such actions. Thus, Rohner’s actions are in contempt of this Court’s orders.
II.
Sanctions Should Be Ordered
The SEC has met its burden to show that Rohner violated specific and definite orders of
the court. Bennett, 298 F.3d at 1069. It has demonstrated “that the truth of its factual
contentions are ‘highly probable.’” Colorado v. New Mexico, 467 U.S. 310, 316 (1984) (citation
omitted).
Here, the Court’s Orders are without question specific and definite. Rohner had actual
notice of their terms as of March 8, 2013 and as recently as March 31, 2015. Yet he violated
their terms by transferring company and personal assets. Also, Rohner has still not complied
with the required verified written accounting of the assets. The document he filed which
purports to be an accounting is incomplete and insufficient. (Docket No. 280). Rohner also
violated the terms of this Court’s orders by issuing and offering stock. Rohner’s actions are
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clearly in contempt of this Court’s order to freeze and preserve assets and this Court’s order to
submit an affidavit identifying assets and transfers.
Thus, the Court, in its discretion, may impose relief in the form of sanctions for Rohner’s
contemptuous conduct. Sanctions for Rohner’s civil contempt can be imposed to compel or
coerce Rohner’s obedience to this court’s orders. Shuffler, 720 F.2d at 1147; United States v.
United Mine Workers of Am., 330 U.S. 258, 303-04 (1947).
The appropriate sanction to compel obedience could be either a daily fine, for example
$500 per day, or incarceration, either of which would terminate when Rohner has fully complied
with the Court’s orders. United States v. Ayres, 166 F.3d 991, 994 (9th Cir. 1999) (imposing
$500 daily fine after 10-day grace period); United States v. Bright, 596 F.3d 683, 690 (9th Cir.
2010) (imposing $500 daily fine); Atlas Corp. v. DeVilliers, 447 F.2d 799, 802 (10th Cir. 1971)
(ordering commitment to jail until fine paid). The SEC respectfully requests that Rohner be
ordered to pay a fine of $500 per day or alternatively be incarcerated until he:
(1) Takes down the websites offering the sale of stock in violation of the TRO and
Preliminary Injunction;
(2) Transfers title to his real estate and automobiles, or the cash that he received from
their disposition, to the Receiver;
(3) Terminates all third parties’ rights to Inteligentry’s assets, including intellectual
property; and
(4) Files the sworn asset disclosure Ordered by the Court.
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CONCLUSION
The SEC respectfully submits that for the foregoing reasons the Court should issue the
Proposed Order of Civil Contempt filed with this Motion.
Dated: May 28, 2015
Respectfully submitted,
/s/ Kenneth J. Guido
___
Kenneth J. Guido
Hemma B. Ramrattan
Securities and Exchange Commission
100 F Street N.E.
Washington, DC 20549
Tel. (202) 551-4480
[email protected]
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 28, 2015, I caused the foregoing to be filed through
the ECF system which will be served electronically upon the registered participants as identified
on the Notice of Electronic Filing (NEF).
I HEREBY CERTIFY that on May 28, 2015, I caused the foregoing to be served
electronically on the following persons at the following email addresses:
John P. Rohner
P.O. Box 9011
PMB 5555
Calexico, CA 92231
[email protected]
Pro Se Defendant
Dominic P. Gentile, Esq.
Gordon & Silver, Ltd.
3960 Howard Hughes Parkway.
Ninth Floor Las Vegas, NV 89169
(702) 796-5555
Fax: (702) 369-2666
[email protected]
Attorney for Corporate Defendants
Inteligentry, Ltd.
PlasmERG, Inc.
PTP Licensing, Ltd.
Sally McMinimee, Esq.
Prince, Yeates & Geldzahler
15 West South Temple, Suite 1700
Salt Lake City, Utah 84101
(801) 524-1000
Fax: (801) 524-1098
[email protected]
Receiver for Corporate Defendants
Inteligentry, Ltd.
PlasmERG, Inc.
PTP Licensing, Ltd.
/s/ Kenneth J. Guido _______
Kenneth J. Guido
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Case 2:13-cv-00344-RFB-NJK Document 293-1 Filed 05/28/15 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
________________________________________________
:
:
:
Plaintiff,
:
:
v.
: Civil No. 2:13-cv-0344-RFB-NJK
:
:
:
:
Defendants.
:
_______________________________________________ :
DECLARATION OF KENNETH J. GUIDO
KENNETH J. GUIDO, pursuant to 28 U.S.C. § 1746, hereby declares as follows:
1.
I am an Assistant Chief Litigation Counsel in the Division of Enforcement of the
U.S. Securities and Exchange Commission (“Commission” or “SEC”), plaintiff in this matter.
2.
I make this declaration to authenticate as true and correct copies the following
documents acquired by the Division of Enforcement of the Commission in the course of the
investigation and litigation of the above captioned matter.
3.
I caused a search to be made for assets where Defendant John P. Rohner
(“Rohner”) had a legal or beneficial interest and the websites Rohner controlled to be captured as
evidence in this proceeding.
4.
Exhibit 1 attached hereto is a true and correct copy of publicly available web
captures of the Keokuk County, IA Beacon site for the property located at 408 West Broadway
Avenue, Keota, IA 52248-9451, captured on April 6, 2015 by SEC staff during the course of the
litigation.
5.
Exhibit 2 attached hereto is a true and correct copy of the LexisNexis Current
1
Asset Report of John Peter Rohner, which was obtained and printed on April 6, 2015 from
www.lexis.com by SEC staff during the course of the litigation.
6.
Exhibit 3 attached hereto is a true and correct copy of the LexisNexis Deed
Record for 708 Main Street, South English, Iowa 52335-8602, which was obtained and printed
on April 6, 2015 from www.lexis.com by SEC staff during the course of the litigation.
7.
Exhibit 4 attached hereto is a true and correct copy of the LexisNexis Deed
Record for 227 S Walnut St, North English, Iowa 52316-9558, which was obtained and printed
on April 6, 2015 from www.lexis.com by SEC staff during the course of the litigation.
8.
Exhibit 5 attached hereto is a true and correct copy of the “Home Page” of the
website of Plasmic Transition (www.plasmictransition.com) as of January 8, 2015, and the
declaration of SEC staff member Russell Castillo authenticating the website capture downloaded
by him on that date.
9.
Exhibit 6 attached hereto is a true and correct copy of the “Home” and “News”
pages of the website of defendant Inteligentry as of January 8, 2015, and the declaration of SEC
staff member Russell Castillo authenticating the website capture downloaded by him on that
date.
10.
Exhibit 7 attached hereto is a true and correct copy of the “Contact Information”
page of the website of defendant PlasmERG as of January 8, 2015, and the declaration of SEC
staff member Russell Castillo authenticating the website capture downloaded by him on that
date.
11.
Exhibit 8 attached hereto is a true and correct copy of the “Home” page of the
website of Plasmic Transition Process, Ltd. (www.plasmictransitionprocess.com) as of January
2
8, 2015, and the declaration of SEC staff member Russell Castillo authenticating the website
capture downloaded by him on that date.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 28, 2015.
/s/ Kenneth J. Guido
Kenneth J. Guido
3
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
________________________________________________
:
:
:
Plaintiff,
:
:
v.
: Civil No. 2:13-cv.00344
:
RFB-NJK
:
:
:
Defendants.
:
_______________________________________________ :
[PROPOSED] ORDER HOLDING JOHN P. ROHNER IN CONTEMPT OF COURT
Plaintiff, the Securities and Exchange Commission (“Commission” or “SEC”), has
moved for an Order holding defendant John P. Rohner (“Rohner”) in civil contempt of court,
based on Mr. Rohner’s willful disobedience of the Court’s Asset Freeze and Preservation Orders
issued as part of its Temporary Restraining Order of March 7, 2013 (Docket No. 23 at 14-15 and
17-18), that was incorporated into its Order of Preliminary Injunction issued on March 18, 2013
(Docket No. 34 ¶¶ VIII, XII and XIII) and of the Court’s March 31, 2015 Order. (Docket No.
269 at 8, 11 and 33).
The Court has considered the SEC’s Motion, the Memorandum of Points and Authorities
in support of the Motion for the requested relief, the supporting Declarations and Exhibits filed
in support of the Motion, and any response by Rohner.
I.
Accordingly, IT IS HEREBY ORDERED that the motion is GRANTED.
II.
IT IS ALSO HEREBY ORDERED that Rohner is in Civil Contempt of Court, because
of Rohner’s willful disobedience of the Court’s Asset Preservation Orders issued as part of its
Temporary Restraining Order of March 7, 2013 (Docket No.23 at 14-15 and 17-18), its Order of
Preliminary Injunction issued on March 18, 2013 (Docket No. 34 ¶¶ VIII, XII and XIII), and of
the Court’s March 31, 2015 Order. (Docket No. 269 at 8, 11 and 33).
III.
IT IS ALSO HEREBY ORDERED that Rohner shall take down the websites offering
the sale of stock in violation of the Temporary Restraining Order and Preliminary Injunction.
Such websites include, but are not limited to:
(1) www.inteligentry.com;
(2) www.plasmerg.com;
(3) www.plasmictransistion.com; and
(4) www.plasmictransistionprocess.com.
IV.
IT IS ALSO HEREBY ORDERED that Rohner shall transfer title to real estate, or the
cash that was received from their disposition, to the Receiver. Such real properties include, but
are not limited to:
(1) Real property located at 408 W Broadway Ave, Keota, Iowa 52248-9451;
(2) Real property located at 227 S Walnut St, North English, Iowa 52316-9558;
(3) Real property located at Regency Mobile Home Community, Lot 520, Iowa City,
Iowa 52246;
Page 2 of 5
(4) Real property located at Regency Mobile Home Community, Lot 131, Iowa City,
Iowa 52240; and
(5) Real property located at 708 Main Street, South English, Iowa 52335-8602.
V.
IT IS ALSO HEREBY ORDERED that Rohner shall transfer title to his automobiles,
or the cash that he received from their disposition, to the Receiver. Such automoibiles include,
but are not limited to:
(1) A 2004 Ford Expedition, VIN 1FMFU18L84LB31728, titled in Nevada on October
21, 2011, Nevada Title Number NV0049921054;
(2) A 2012 Honda Pilot, VIN 5FNYF4H70CB046914, titled in Nevada on May 21, 2012,
(3) A 1999 Honda Accord, VIN 1HGCG1659XA047695, titled in Nevada on July 14,
2011, Nevada Title Number NV0048030213;
(4) A 1986 Honda Civic, VIN JHMAK5434GS004128, titled in Texas on November 23,
2000, Texas Title Number 01400136841095845;
(5) A 1984 Honda Civic, VIN JHMAF5336ES007096, titled in Texas on August 11,
1994, Texas Title Number 00022200044108966; and
(6) A 1980 Toyota Celica, VIN listed as RA42355739, titled in Texas on March 2, 2001,
Texas Title Number 01420136941113819.
VI.
IT IS ALSO HEREBY ORDERED that Rohner shall terminate all third parties’ rights
to Inteligentry’s assets, including, but not limited to, intellectual property. Such third parties
include, but are not limited to:
Page 3 of 5
(1) Plasmic Transition Process;
(2) Control Systems Consulting;
(3) Sandra Fickas-Reisner.
VII.
IT IS ALSO HEREBY ORDERED that Rohner shall file the sworn asset disclosure, as
previously ordered, which includes producing documentation listing and describing 1) all
personal and company assets that are currently in Rohner’s possession, 2) all personal and
company assets that were in Rohner’s possession at any time after the order freezing assets or
seizure of assets, and 3) all transactions and transfers of any assets to any other individuals or
entities that took place after the order freezing assets or seizure of assets. This includes any
releases of property to former employees as a means of compensation. This includes, but is not
limited to, transfers to Sandra Fickas-Reisner and/or Control Systems Consulting. This
documentation should include and distinguish physical property, such as prototype engines or
computers, and intellectual property, such as patent applications or trademarks.
VIII.
IT IS ALSO HEREBY ORDERED that Rohner shall pay a civil penalty of $500 per
day for each day he fails to:
(1) Take down the websites offering the sale of stock in violation of the Temporary
Restraining Order and Preliminary Injunction, as described in Part III of this Order;
(2) Transfer title to his real estate and automobiles, or the cash that he received from their
disposition, to the Receiver, as described in Parts IV and V of this Order;
(3) Terminate all third parties’ rights to Inteligentry’s assets, including intellectual
property, as described in Part VI of this Order; and
Page 4 of 5
(4) File the sworn asset disclosure Ordered by the Court in the Temporary Restraining
Order (Docket No. 23 at 17-18), the Order of Preliminary Injunction (Docket No. 34
¶ XIII) and the March 31, 2015 Order (Docket No. 269 at 8, 11 and 33), as described
in Part VII of this Order.
IX.
IT IS ALSO HEREBY ORDERED that the provisions of the Order of Preliminary
Injunction issued on March 18, 2013 (Docket No. 34) shall continue to remain in force and effect
until further Order of the Court.
IT IS SO ORDERED, this _____ day of ___________, 2015, at Las Vegas, Nevada
___________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
Page 5 of 5
Exhibit 1
Beacon - Keokuk County, IA
Keokuk County, IA
1
Summary
Parcel ID
Alternate ID
Property Address
Sec/Twp/Rng
Brief
Tax Description
Deed Book/Page
Contract Book/Page
Gross Acres
Net Acres
Class
Taxing District
School District
KOCOK-044500
761025201018
408 West Broadway Avenue
HUNTER'S ADD W 1/2 LOT 2 & ALL LOT 3
(Note: Not to be used on legal documents)
2014-1232 (09042014)
N/A
0.00
0.00
R - Residential Property
(Note: This is for tax purposes only. Not to be used for
zoning.)
KOCOK - KEOTA CITY/KEOTA SCH/KEOTA FIRE
KEOTA CITY
Owners
Deed Holder
Fagen, James
408 W Broadway Ave
Keota IA 52248
Contract Holder
Mailing Address
Land
Lot Dimensions Regular Lot: 90.00 x 149.00
Lot Area
0.31 Acres; 13,410 SF
Residential Dwellings
https://beaconbeta.schneidercorp.com/Application.aspx?AppID=81&LayerID=741&PageTypeID=...
4/6/2015
Residential Dwelling
Occupancy
Style
Architectural Style
Year Built
Exterior Material
Total Gross Living Area
Attic Type
Number of Rooms
Number of Bedrooms
Basement Area Type
Basement Area
Basement Finished Area
Plumbing
Central Air
Heat
Fireplaces
Porches
Decks
Additions
Garages
Single-Family / Owner Occupied
1 Story Frame
N/A
1949
Sim Stn
1,992 SF
None;
6 above; 0 below
3 above; 0 below
Full
1,992
1 Full Bath; 1 Toilet Room;
Yes
Yes
1 Masonry;
Concrete Patio-Low (192 SF);
720 SF - Det Frame (Built 1900);
Sales
Date
Seller
Buyer
Recording
Type
9/4/2014
ROHNER,
MARGARET C &
JOHN P
FAGEN, JAMES
20141232
Normal
9/19/2013 ROHNER, JOHN P &
MARGARET C
ROHNER,
MARGARET C
20131467
Sale between family
members or related parties
$0.00
7/2/2010
ROHNER, JOHN P &
MARGARET C
20100971
NORMAL ARMS-LENGTH
TRANSACTION
$110,000.00
GALINDO, MARCUS
& MEGAN LEANN
20081276
NORMAL ARMS-LENGTH
TRANSACTION
$100,000.00
GALINDO, MARCUS
& MEGAN LEANN
7/31/2008 SIEREN, F EVELYN
Remarks
Amount
$86,000.00
Valuation
2015
2014
2013
2012
2011
+ Assessed Building Value
$0
$0
$0
$0
$0
+ Assessed Dwelling Value
$75,080
$75,080
$75,080
$75,080
$75,080
+ Assessed Land Value
$12,170
$12,170
$12,170
$12,170
$12,170
$0
$0
$0
$0
$0
$87,250
$87,250
$87,250
$87,250
$87,250
$0
$0
$0
$0
$0
$87,250
$87,250
$87,250
$87,250
$87,250
2013
2012
2011
+ Taxable Building Value
$0
$0
$0
+ Taxable Dwelling Value
$40,844
$39,655
$38,104
$6,621
$6,428
$6,176
$47,465
$46,083
$44,280
$0
$0
$0
+ Exempt Value
= Gross Assessed Value
-
Exempt Value
= Net Assessed Value
Taxation
+ Taxable Land Value
= Gross Taxable Value
-
Military Credit
4/6/2015
2013
2012
2011
$47,465
$46,083
$44,280
x Levy Rate (per $1000 of value)
34.69879
33.01052
33.40001
= Gross Taxes Due
= Net Taxable Value
$1,646.98
$1,521.22
$1,478.95
-
Ag Land Credit
$0.00
$0.00
$0.00
-
Family Farm Credit
$0.00
$0.00
$0.00
-
Homestead Credit
$0.00
$0.00
$0.00
-
Disabled and Senior Citizens Credit
$0.00
$0.00
$0.00
-
Business Property Credit
$0.00
$0.00
$0.00
$1,646.00
$1,522.00
$1,478.00
= Net Taxes Due
Tax History
Year
Due Date
Amount
Paid
Date Paid
Receipt
2013
March 2015
September 2014
$823
$823
Yes
Yes
09/05/2014
09/05/2014
5728
2012
March 2014
September 2013
$761
$761
Yes
Yes
09/30/2013
09/30/2013
41703
2011
March 2013
September 2012
$739
$739
Yes
Yes
05/17/2013
08/02/2012
23684
Iowa Land Records
View Deed (2014-1232) Data for Keokuk County between Beacon and Iowa Land Records is available on the Iowa Land Records site beginning in 2005.
For records prior to 2005, contact the County Recorder or Customer Support at www.IowaLandRecords.org.
Photos
Sketches
4/6/2015
No data available for the following modules: Commercial Buildings, Agricultural Buildings, Yard Extras, Permits.
Last Data Upload: 4/6/2015 5:38:52 AM
The maps and data available for access at this website are provided "as is" without warranty or any representation of
accuracy, timeliness, or completeness.
View full version
1
Developed by
The Schneider Corporation
4/6/2015
Exhibit 2
Page 1
1 OF 1 RECORD(S)
FOR INFORMATIONAL PURPOSES ONLY
Copyright 2015 LexisNexis
a division of Reed Elsevier Inc. All Rights Reserved.
Full Name
Rohner, John Peter
Address
408 W Broadway Ave
Keota, IA 52248-9451
County
Keokuk
Phone
ADDITIONAL PERSONAL INFORMATION
SSN
DOB
-4079
/1941
(Age:73)
Gender
Male
Subject Summary
Name Variations
1:
2:
3:
4:
5:
Rohner, Kohn
Bohner, John
Rohner, John Peter
Roehner, John
Roberg, John H
Possible Banruptcy
SSNs Summary
No.
SSN
1:
-4079
1:
-4079
State Iss.
Date Iss.
Warnings
Most frequent SSN attributed to subject:
IA
01/1959
Other reported SSNs:
Iowa
01/01/1959
DOBs
Reported DOBs:
/1941
Motor Vehicle Registrations - 7 records found
1: NV MVR
Name:
Address:
DOB:
VIN:
Class:
Model Year:
Make:
Model:
Series:
Body Style:
Registrant Information
Rohner, John Peter
3087 E Warm Springs Rd Ste 100
Las Vegas, NV 89120-3754
/1941
Vehicle Information
1FMFU18L84LB31728
Passenger Car/Light Truck
2004
Ford
Expedition, 4 Dr Wagon Sport Utility
EXPEDITION EDDIE BAUER
4 Dr Wagon Sport Utility
LexID(sm)
000229920811
Page 2
Color: Blue
Previous Plate State:
Plate State:
Name:
Address:
DOB:
Title Number:
Title Transfer Date:
Title Issue Date:
Plate Information
IA
NV
Rohner, John Peter
1051 Olsen St Ste 4211
Henderson, NV 89011-3162
/1941
Title Information
NV004992105 4
10/21/2011
10/21/2011
2: NV MVR
Name: Rohner, John Peter
Address: 3291 E Warm Springs Rd Ste 400
DOB:
/1941
Vehicle Information
VIN: 5FNYF4H70CB046914
Class: Passenger Car/Light Truck
Model Year: 2012
Make: Honda
Model: Pilot, 4 Dr Wagon Sport Utility
Series: PILOT EXLN
Body Style: 4 Dr Wagon Sport Utility
Plate Information
Plate State: NV
Address: 3291 E Warm Springs Rd Ste 400
DOB:
/1941
Title Information
Title Number: NV005400592 2
Title Transfer Date: 05/21/2012
Title Issue Date: 05/21/2012
3: NV MVR
Address: 1051 Olsen St Ste 4211
DOB:
/1941
Vehicle Information
VIN: 1HGCG1659XA047695
Class: Passenger Car/Light Truck
Model Year: 1999
Make: Honda
Model: Accord, Sedan 4 Door
Series: ACCORD EX
Body Style: Sedan 4 Door
Page 3
Plate State:
Name:
Address:
DOB:
Title Number:
Title Issue Date:
Plate Information
UT
NV
Rohner, John Peter
1051 Olsen St Ste 4211
/1941
Title Information
NV004803021 3
07/14/2011
07/14/2011
4: TX MVR
Name:
Address:
DOB:
Name:
Address:
DOB:
VIN:
Class:
Model Year:
Make:
Model:
Series:
Body Style:
License Plate Type:
Previous Plate Number:
License Plate Number:
Plate State:
Name:
Address:
DOB:
Name:
Address:
DOB:
Title Number:
Title Issue Date:
Registrant 1
Rohner, John Peter
3610 Oakwood Ct
Temple, TX 76504-2181
/1941
Registrant 2
Rohner, Olga Vladimirovna
3610 Oakwood Ct
Temple, TX 76504-2181
/1959
Vehicle Information
JHMAK5434GS004128
1986
Honda
Civic, Sedan 4 Door
CIVIC 1500
Sedan 4 Door
Plate Information
Private
K75VSX
TX
N56CRJ
TX
Owner 1
Rohner, John Peter
3610 Oakwood Ct
Temple, TX 76504-2181
/1941
Owner 2
Rohner, Olga Vladimirovna
3610 Oakwood Ct
Temple, TX 76504-2181
/1959
Title Information
01400136841095845
11/23/2000
11/23/2000
Page 4
5: TX MVR
Name:
Address:
DOB:
Name:
Address:
VIN:
Class:
Model Year:
Make:
Model:
License Plate Type:
Previous Plate Number:
License Plate Number:
Plate State:
Registrant 1
Rohner, John
3610 Oakwood Ct
Temple, TX 76504-2181
/1941
Registrant 2
Rohner, Matthew
3610 Oakwood Ct
Temple, TX 76504-2181
Vehicle Information
RA42355739
1980
TOYOTA
CELICA
Plate Information
Private
402CXI
WA
K62VTS
TX
6: TX MVR
VIN:
Class:
Model Year:
Make:
Model:
Series:
Body Style:
Weight:
Name:
Address:
DOB:
Title Number:
Title Issue Date:
Vehicle Information
JHMAF5336ES007096
Unknown
1984
Honda
Civic, Sedan 2 Door
CIVIC 1500 CRX
Sedan 2 Door
002800
Rohner, John P
3610 Oakwood Ct
Temple, TX 76504-2181
/1941
Title Information
00022200044108966
08/11/1994
08/11/1994
7: TX MVR
Vehicle Information
RA42355739
Unknown
1980
002600
Owner 1
Name: Rohner, John
VIN:
Class:
Model Year:
Weight:
Page 5
Address: 3610 Oakwood Ct
Temple, TX 76504-2181
DOB:
/1941
Owner 2
Name: Rohner, Matthew
Address: 3610 Oakwood Ct
Temple, TX 76504-2181
Title Information
Title Number: 01420136941113819
Title Transfer Date: 03/02/2001
Title Issue Date: 03/02/2001
Real Properties - 3 records found
1: IA Johnson County Source: B
Address
County
Source
Status
State
IA
Johnson
B
Current
IA
Owner Info
Address: Regency Mh Ct Lot 520
Iowa City, IA 52246
Legal Info
Parcel Number: 11532
Assessment Year: 2007
Document Type: Assessor
Type of Address: Mobile Home
2: 227 S Walnut St, North English, IA 52316-9558 Iowa County Source: B
Address 227 S Walnut St
North English, IA 52316-9558
County Iowa
Source B
Status Current
State IA
Owner Info
Name: Rohner, John P
Address: 408 W Broadway Ave
Keota, IA 52248-9451
Legal Info
Parcel Number: 7922-0205-0
Recording Date: 10/25/2013
Assessed Value: $40,620.00
Type of Address: Residential (General) (Single Family)
3: IA Johnson County Source: B
Address IA
County Johnson
Source B
Page 6
Status Current
State IA
Owner Info
Address: Regency Mh Ct Lot 131
Iowa City, IA 52240
Legal Info
Parcel Number: 70472
Type of Address: Mobile Home
Automated Valuation Models (AVM) Report
Property Address:
Price Index Valuation:
Hedonic Valuation:
Confidence Score:
408 W BROADWAY AVE, KEOTA, IA 52248-9451
Tax Assessor Valuation:
Combined Valuation:
If a tax assessor valuation is left blank, please check the Property Summary section below.
The Confidence Score is based on Comparable Sales Values and Recent Sales History.
Range
Meaning
61-99
Above Average
41-60
Average
21-40
Adequate
00-20
Poor
Transactions
Transaction #1 Date: 09/04/2014
Sales Price:
Sales Date:
Recorded Date:
Mortgage Date:
Recording Date:
Loan Term:
Book/Page/Number:
Title Company:
Mailing Address:
Buyer/Seller
Buyer 1:
Seller 1:
Seller 2:
$86,000
09/04/2014
09/04/2014
09/04/2014
09/04/2014
//1232
FAGEN, JAMES
ROHNER, JOHN P
ROHNER, MARGARET C
Sales Price:
Sales Date:
Recorded Date:
09/19/2013
Mortgage Date:
Recording Date:
09/19/2013
Loan Term:
Book/Page/Number:
//131467
Title Company:
Mailing Address:
Loan Amount:
Loan Type:
Lender:
Deed Type:
Deed Subtype:
Document Type:
Transaction Type:
Lender Type:
WARNING:
$0
DEED
Mailing Address/Phone
PO BOX 9011, CALEXICO, CA 92232-9011
708 MAIN ST, SOUTH ENGLISH, IA 52335-8602
Loan Amount:
Loan Type:
Lender:
Deed Type:
Deed Subtype:
Document Type:
Transaction Type:
Lender Type:
WARNING:
$0
DEED
Page 7
Buyer/Seller
Buyer 1:
Seller 1:
Seller 2:
Sales Price:
Sales Date:
Recorded Date:
Mortgage Date:
Recording Date:
Loan Term:
Book/Page/Number:
Title Company:
Mailing Address:
Buyer/Seller
Buyer 1:
Buyer 2:
Seller 1:
Seller 2:
ROHNER, MARGARETE
ROHNER, JOHN P
ROHNER, MARGARET C
$110,000
07/01/2010
07/02/2010
07/01/2010
07/02/2010
//971
PO BOX 9011, CALEXICO, CA 92232-9011
Loan Amount:
Loan Type:
Lender:
Deed Type:
Deed Subtype:
Document Type:
Transaction Type:
Lender Type:
WARNING:
$0
DEED
ROHNER, JOHN P PO BOX 9011, CALEXICO, CA 92232-9011
ROHNER, MAR708 MAIN ST, SOUTH ENGLISH, IA 52335-8602
GARET C
GALINDO, MARCUS 1202 1ST AVE, WELLMAN, IA 52356-9306
(319)646-2599
GALINDO, MEGAN 1202 1ST AVE, WELLMAN, IA 52356-9306
L
(319)646-2599
Sales Price:
$100,000
Sales Date:
07/29/2008
Recorded Date:
07/31/2008
Loan Amount:
Loan Type:
Lender:
Mortgage Date:
Recording Date:
Loan Term:
Book/Page/Number:
Title Company:
Mailing Address:
07/29/2008
07/31/2008
Deed Type:
Deed Subtype:
Document Type:
Transaction Type:
Lender Type:
WARNING:
Buyer/Seller
Buyer 1:
GALINDO, MARCUS 1202 1ST AVE, WELLMAN, IA 52356-9306
(319)646-2599
GALINDO, MEGAN 1202 1ST AVE, WELLMAN, IA 52356-9306
L
(319)646-2599
SIEREN, EVELYN F 408 W BROADWAY AVE RR2, KEOTA, IA 52248-9451
Buyer 2:
Seller 1:
//1276
$90,000
KEOKUK CNTY
STATE BK
DEED
Property Summary
Address: 408 W BROADWAY AVE, KEOTA, IA 52248-9451
APN: KOCOK-044500
Land Use: SINGLE FAMILY RESIDENTIAL
Assessed Value: $87,250
Tax Amount: $164,600
Tax Year: 2013
Stories: 1
Number of Bedrooms: 0
Page 8
Baths:
Year Built:
Square Footage:
Lot Size:
Fireplace:
Pool:
Current Residents
James W Fagen
0859
0
1949
0
0
False
False
Date
10/2014
Sources - 219 records found
All Sources
219 Source Document(s)
Bankruptcy Records
Corporate Affiliations
Criminal
Deed Transfers
Driver Licenses
Email Addresses
Fictitious Business Names Records
Historical Person Locator
Liens and Judgments
Motor Vehicle Registrations
Person Locator 1
Person Locator 2
Person Locator 5
Person Locator 6
Phone
Property Records
Tax Assessor Records
UCC Lien Filings
Utility Locator
Voter Registrations
Key
High Risk Indicator.
These symbols may prompt you to investigate further
Moderate Risk Indicator.
These symbols may prompt you to investigate further
General Information Indicator.
These symbols inform you that additional information is provided.
The most recent telephone listing as reported by the EDA source
Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered
poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively
accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State
documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained
from that individual state's Department of State.
Your DPPA Permissible Use is: On Government Behalf
Your GLBA Permissible Use is: As allowed by the Right to Financial Privacy Act of 1978
Exhibit 3
Page 1
1 OF 1 RECORD(S)
Deed Record For KEOKUK County
Buyer Information
Standardized Name: ROHNER, MARGARET
Original Address: 708 MAIN ST
SOUTH ENGLISH, IA 52335-8602
Standardized Address: 708 MAIN ST
KEOKUK COUNTY
Seller Information
Standardized Name: GARRETT, TIMOTHY J
GARRETT, LAURA M
Property Information
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KEOKUK COUNTY
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Legal Information
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686
DEED
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Sales Price: $68,900
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Transaction Type: RESALE
Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes
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definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary
of State documents, the following data is for information purposes only and is not an official record. Certified copies
may be obtained from that individual state's Department of State.
Your DPPA Permissible Use is: Government Agency
Your GLBA Permissible Use is: Legal Compliance
Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.
Exhibit 4
Page 1
1 OF 1 RECORD(S)
Deed Record For IOWA County
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KINGLAND, MELISSA
Original Address: 227 S WALNUT ST
NORTH ENGLISH, IA 52316-9558
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Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered
poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively
accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State
documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained
from that individual state's Department of State.
Your DPPA Permissible Use is: On Government Behalf
Your GLBA Permissible Use is: As allowed by the Right to Financial Privacy Act of 1978
Copyright© 2015 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.
Exhibit 5
N
NEWS
EWS
Plasmic Transition
DOCs & VIDEOs
s
SHOWS
SHOWS
LICENSE
LICENSE
Our mission is to make ANY "PLANET SAVING" new technology available to all manufacturers in the world and into use,
as quickly as possible.
Providing a more livable world for our kids and US. -- 01/04/2015.
This is the Plasmic Transition specific "Research & Design" information site.
The Engineering, Research and Development of the Partners, Master license
holders and "Control Systems Consulting", the International "Consulting" Co.
will present here new developments as they get proven for the world to see.
Plasmic Tra
Transition
ansition Process
is ONE "LOGICAL", extension of the Inteligentry Research and design work that
Welcome to the Evolution of Power!
http://plasmictransition.com/index.html[1/8/2015 10:57:14 AM]
Click Below to see what we do, have done and the future!
The ex Inteligentry Investors have created a new closed corporation to be made up mostly of the now, ex Inteligentry
Investors. All valid investors are being reapportioned to a proper stock position as befits their Inteligentry investment. Stock
was allocated, assigned and provided at the first meeting January 25, 2014. All now ex Inteligentry Investors were in good
standing, no broken contracts etc, claimed a position in the new corporation. Those that have NOT responded have lost lose
their place here, as well as being raped by the SEC. See Below for some specific removals and contact Sandy for updates.
The purpose of the new corporation is to "leave no man behind" from the onslaught of the FBI/SEC raid and closure of
Inteligentry AND To carry forward the dreams of the investors, finish the planet saving work and investigate the technologies
past this "Tip of the Iceberg".
============================================================================
No intake. No exhaust. NO POLLUTION!!!
Electric Motors, as well. NO LONGER an "Evolving Alternate Energy Company", we are, together, THE POWER.
powered plasma expansion, the PT Engine is a direct replacement for internal combustion engines AND .. Many
It is a world leader in Alternative "GREEN" Energy the Plasmic Transition technology. Using high
provided to help the world.
development of the Plasmic Transition process and technology and that it needs to be completed and
Inteligentry investors, employees and foreign "Master license Holders" that do believe in the
was taken from the world just before birth by the US Government, It is made up of a majority of EX
Plasmic Transition
This site is brought to you by the "EXPERT's", that wish to share this information, will hold the "Patent(s)"
Pending, & In process in many countries that relate to the modern Plasmic Transition IP and any "Associated
Technologies" RESEARCH.." ETC.
HOME
H
OME
Plasmic Transition HOME Page
CONTACT
CONTACT
1
Some Big News:
It is clear that the SEC has no respect for the Investors and employees of alternative energy start up companies nor their
A NEW consulting company, "Control Systems Consulting" has also been formed. It is a held "company", not
corporation, that will, over time, be bought out by the new corporation when "research and development" on Plasmic or
pulsed plasmic processes become allowable in the US in the future. The "Consulting Company" is in existence NOW and will
be the primary element until redirection is pulled into the Corporation as decided by stockholder vote on Board
recommendation.
A new Corporation was opened with initial Stock allocation of 75,000 shares, 25% set aside for growth and has
been set up for the now ex Inteligentry Investors (screwed out of their investment by the SEC) together with the ex
employees of Inteligentry (screwed out of their jobs by the SEC action) and will initially be a "parent company" that has a
"Engineering Consulting Company" that will handle new control engineering consulting, and a "licensing group" to
administer licenses of the Intellectual Properties, Copyrights and Patents (active, in process or pending) held by the
corporation in partnership with the funding founders, employees and others throughout the world. The parent will administer
per a Legal department all patent, libel or copyright litigation and collections thereof.
New controller boards, upgrades and fixes from the units that Inteligentry made, have been redesigned to not infringe
the Inteligentry copyright. The majority of "fixes", and upgrades, needed now are on board. These will soon be in final stages
of Development and testing.
These should be ready for our off shore development groups to obtain so they can start their own engines and develop
products etc. Consultations with one country have them already doing their final tests.
As of April 15 2014 all of the pending patents, in various countries, and new, to be written and started in whatever
country, are now the property of Plasmic Transition Process, Ltd. for safe keeping. These will be transferred to a third
party security company soon.
2
"The current NSA scandal had you on their radar for about to release "disruptive" technology."
"It's not about terrorism but with crowd-control everybody."
THIS JUST IN FROM A FRIEND OF MINE that knows.
========================================================================================
Guess that is The perils of becoming THE WORLDS "EXPERT" in a NEW Technology to HELP the world..
Plasmic Transition will show the developments as we create better and more efficient products. There will never
be a "Public" video from this development site, that is a lesson now well learned, as we work exclusively for our investors,
clients and licensees. Inteligentry was "Open" and look what it got for it.
========================================================================================
So the big news is the Inteligentry Technology is back in development and could now get to market in as little as 6 or 10
months.
Rohner also advised that he has published, as accepted by the IRS, a document so all Investors can "write off" their
investment as a "loss" on their 2013 taxes as an adjustment to Income. Seems like the IRS does not understand why the
SEC/DOJ would cripple and Kill a viable business that was about to make the world a better place and them big taxes,
either. Contact John if you need a copy.
The first corporate meeting was held. John Rohner provided a news overview of the latest actions of the SEC in trying to
screw all investors and pass everything on to Girouard (money) and the FACT that both Tana Kane and Dan Glover were,
from their depositions and other testimonies intent on causing everyone to lose their investment and then they were going to
grab the company after the SEC killed it for them. Nice people. FYI they are working with the Traitor, and known terrorist,
Peter Amiet as well. I apologize to everyone as I did trust them and I was dead wrong since they have proven to be crooks.
Good ol "Trustworthy" Tana has done this before I now find out.
John Rohner will not be a part of the NEW corporation per the current fraud riddled SEC orders. However he is free to
consult with anyone outside the USA as long as he does not get paid. So Rohner will act, actively, as a consulting resource
for the current Masters Licensees but can not help anyone inside the USA. YES, The SEC is having a VERY hard time proving
anything is a fact, or proving any allegation. Thus their case is riddled with their FRAUD.
If the ex investor "screening" shows an individual has done anything that tarnished Inteligentry, or breached any contract,
they will not be allowed to join and must wait for the SEC to "reward" or simply write it off or be prepared for whatever legal
action that "Inteligentry" may bring for you to pay. The screeners do reserve the right to refuse anyone they feel it is not
worth having someone that is not trustworthy, a partner or just a troll in the company of those that do wish success. We all
know some of these. Inteligentry investors will "trade" their investment in Inteligentry for this new company. Keep in mind if
you had a block of 10 that will now be a block of N, the multiplier voted in and translate to more shares in the new
corporation.
There has been a set aside of 30% for use to "entice" management, employees or others. The First meeting will also vote
in the Directors and officers, investors meeting every 6 months etc.
Since the USPTO failed to provide a Trademark to Rohner, a good thing for us, the company name now states that
trademark and copyrights it as the companies property.
Membership in this new company is open to all Inteligentry investors in good standing and other interested parties per
the Major Investors "Screening" board. Assignment of specific stock allocations will be specified and voted on at the first
meeting.
Investments of money and time or dreams. So hopefully, considering the technology is available OUTSIDE the USA, plus that
which is "open" already of the technology it can be grown and actually get a chance to help the world.
3
Guess NOW WE KNOW EVEN MORE ABOUT who is TRYING to sink us, as some thought.
The perils of becoming THE WORLDS BEST" EXPERT in a NEW Technology to HELP the world.
"Good to see you moving forward and counter sue their ass off with a huge claim attached."
To start this discussion, this Engine is not, just as the original Papp engine was not, a Pulsed Plasma motor. Plasma is not retained and pulsed as
many others have stated. The plasma is recreated with each power stroke and returns to a steady state gas on each return stroke thus the name
Plasmic Transition Process . The initial power event and creation of plasma, for expansion, is derived from a actuation event within the cylinder, a very
high voltage ball, similar to a lightning ball, is created at Top Dead Center (TDC) which creates a Plasmic Transition, an expansion of 5 to 1, which
How the Plasmic Transition Process system works.
Here is his "OLD" description...
NOTICE: John Rohner has been Contracted, thru a offshore third party,
to rewrite some of his early documents so there is a "HOW IT WORKS"
Page on this site, and an upcoming book, complete with updated
information.
========================================================================================
So anyone outside the US that wishes to be a country master or use this technology should contact Sandy . Again, she
is the only contact for this and she is also the ONLY contact about what is happening for the Investors company, Plasmic
Transition Process as it is now a private closed corporation. See Contact page for link.
Important Information for the EX Inteligentry "Foreign Masters". The Technical "GURUs", from Plasmic Transition
Process, have formed a new consulting company, headed by Sandy , whom you all know and trust. "Control Systems
Consulting" has been asked, and given permission, to "consult" with the foreign masters to help them get their In Country
Research groups, and some foreign Universities and colleges, going. Thus the Masters can continue the work done here in
the US, and is now "frozen".
In this way, the masters will not lose their License fees and can continue from the training they got, already. This
company has been given rights to use all pending patents, Copyrights, or IP, as needed, and to "license" any foreign
manufacturers that they may wish to join. Sandy is the point person and primary contact..
NO ONE ELSE has this permission and Plasmic Transition Process, or a master, will take appropriate legal actions to stop
any entity NOT ALLOWED or LICENSED to use this IP, drawings, copyrights, patent(s),filed & Pending, in whatever form
and information. This company is at the moment a Private "for profit", of the Investors, company. Plasmic Transition Process
will retain the US Master, later, probably next spring, when the SEC may allow the US licensees to apply the Masters
information and get back to work.
IMPORTANT NOTICE: Plasmic Transition Process Has been given "Exclusive Rights" to the EX
Inteligentry IP but is NOT making engines, in the US, - BUT - Plasmic Transition Process will be
protecting all the License contracts, Copyrights and IP, written or verbal or any other kind, that it has been
licensed to have rights to. All Masters licenses have their rights to the IP etc and may use it as they wish. All
new Masters licenses are available - see contact page.
THIS IS NOW considered an "ASSET" to the Investors. Anyone that has, or will, without written
permission, broken any contract or agreement, or infringed, our Technology or Patent Pending IP, will see their
day in court.
========================================================================================
4
Disclaimers:
Notice: Please see "disclaimer" on the Contact page for the Scum, Scammers, wannabee's, crooks and others we do not want to be
associated with.
This document maintained by John P Rohner
Web Content Copyright © 1998 – 2015 by John P Rohner
==================================================================================
--
Site Map
========================================================================================
Be sure to Enjoy Life ... it is GOD's, by whatever name, greatest gift to YOU.
========================================================================================
For a more in depth look, SEE the Document page and read "How It works", My old description, but informative. WE started describing this process
to be like "Lightning" and the Power production like a "Steam engine".
Lots of people now copy this description!
The single most crucial part of this motor's operation is the Electronic Control System. Our Modern ECS comprises multiple programmable micro
computer controllers, a Radio Frequency Power generator, a HV Spark Coil initiation driver, various electro magnetic Coil voltage switches providing a
base (resting) or variable (engine speed) voltage for all cylinder or reaction chamber electro magnetic coils, a DC to 12 Volt DC output converter, a
engine speed DC to programmed Variable voltage (3 to 48 Volt) DC converter, a inter controller communications port, a instrument support CAN port,
for user panel etc, and action port which receives commands from the user comprising, by not limited to, things like Run, Start, Throttle position, hold
speed, Brake application, Brake hard, various motor inputs and Fuel container information. Pretty complex when you consider the first one John Rohner
designed in the 80s.
There are two parallels to explain the Plasmic Transition and power production of this motor in our world. First is natural lightning, which uses a
almost identical or similar process as does the Plasmic Transition Process . The second is Live steam which provides the same torque over rotational
speed event characteristics. There is nothing comparable in our current internal combustion motors operation.
is contained in a sealed cylinder thus pushing the Piston and rotating the crankshaft system via a push rod.
In a single cylinder engine there are only 3 moving parts so the addition of a flywheel is required to provide the kinetic energy to complete the non
powered cycle. There is no need to recycle electrons from one cylinder to another unless you are looking for a perpetual motion machine.
This is a new system that crosses the previous borders the science of Physics as it is part Fusion, fission and plasma working together utilizing elements
of each to the advantage of the result. this result is power.
The output Torque is steady over the range of the Rotation of the engine, roughly 400 Ft Lbs in a 500 CC engine, at any engine rotational speed. So
Horse Power is a straight rising line.
5
1
U. S. SECURITIES AND EXCHANGE COMMISSION
Investigation # HO-11896
DECLARATION OF RUSSELL CASTILLO
Pursuant to 28 U.S.C. Section 1746, the undersigned states as follows:
1. My name is Russell Castillo I am over twenty-one years of age and have personal knowledge of the matters
set forth herein.
2. I am assigned as an IT Specialist to the U.S. Securities and Exchange Commission’s Division of
Enforcement in Washington, D.C. As part of my duties I am tasked to conduct website captures at the
request of personnel in the Division of Enforcement.
3. On January 8, 2015, I was asked to conduct website/video captures of the following URL’s:
www.plasmerg.com
www.Inteligentry.com
www.Plasmictransitionprocess.com
http://plasmictransition.com/index.html
4. On January 8, 2015, I captured the URLs described in paragraph 3 above. I captured the above mentioned
website/video captures using by copying them to files in Adobe Acrobat Pro format.
5. After each website/video was captured on January 8, 2015, I stored the captures on a SEC server at the
following location:
J:\HO-11501 to HO-12000\HO-11896\INVESTIGATIVE FILES\Web Capture Folders
I declare under penalty of perjury that the foregoing is true, correct, and made in good faith.
Executed on January 8, 2015.
Russell Castillo
SEC IT Specialist
Exhibit 6
Inteligentry, "Plasmic Transition Process" Technology HOME Page
HOME
LEGAL
LEG
GAL NEWS
S
Settlement
Settlemen
nt News
HOTSEAT
HOTSE
EAT
NEWS
CONTACT
CONTA
ACT
Welcome to Inteligentry, Ltd.
This site is an Informational site to provide news for the GOOD people that
dreamed to help the planet and counted at Inteligentry.
The "Plasmic Transition Technology" OR the Plasmic Transition Process.
Is Not DEAD! It is even bigger than before, just quieter!
It is at " Plasmic Transition Process, Ltd. The NEW corporation,
formed by the Good Investors of Inteligentry after the SEC,
with some "Internal" help, stole their money.
They, working with Labs outside the USA, are NOW developing the
technology.
Updated --> 12/31/2014.
========================================================================================
BREAKING NEWS: --> Sterling D. Allan confesses while waiting to be Arrested as a Pedophil
or -->Sterling D. Allan waiting to be Arrested for Sexual Abuse with a Child
========================================================================================
HAPPY NEW YEAR
to those that want a better world
WE had wanted to bring you a gift "Made In America" But the US Government seems to not wish you to
have this Technology. So we are forced to do as the US GOVERNMENT commands, THUS.
"NOT"
"MADE IN AMERICA"
Our foreign PARTNERS/MASTERS are working hard, now, to provide something you can buy, instead.
========================================================================================
Here is a very interesting Video for the SEC
to watch, or anyone that feels the process is
Fraud.
There are a few miscues about how the gas
actually works but overall it is not bad.
I did send the SEC a message explaining
in simpler terms (elementary school ish) how
the base "Lightning" process and the reality of that
and "Thunder", the simplest process explanation,
for creating mechanical power.
http://www.inteligentry.com/index.html[1/8/2015 2:11:24 PM]
1
Caseand
2:13-cv-00344-RFB-NJK
Document 293-8 Filed 05/28/15 Page 3 of 18
The problem is, this author
the SEC
are in the USA and this, or any, other plasma engine
will soon be "illegal" to even talk about
let alone build or develop!!!
But development outside the USA is OK!
It is progressing well! "NOT MADE IN America"! Per SEC and US Government ORDERS! :0)
========================================================================================
Notice.
Here is a view of how the "Technical Genius's" at the United States
SEC (Security & Exchange Commission) AKA "Small Business Killers" view
anything they don't understand because it would make money for everyone
and not just their "Super RICH" cohorts.
The Big "Spenders" that got them their cushy overpaid jobs.
Any one understand "Abuse of Power" and "breech of constitutional rights"???
Inteligentry did Nothing wrong. This is the USA
If the technology we were developing, and HAD, is fraud then why
have the others been shut down?? why has NASA not been told to stop, etc??
Look at "the POWER" to present facts not true in the legal news page.
(Complete unedited case to date) The SEC can prove NOTHING.
Speaking of New here is another example of an "impossible" technology.
Even scientist get surprised when things happen outside the "comfort Zone".
For the complete story see similar to NASA Plasma Drive
or More about this new development
or for PURE FANTASY:
See below for the latest farce known as the Dr Girouard/Klosterman/Robert Rohner,
OR Collectively the "CEI" Group, patents. We will help them along as they did Inteligentry! :0)
========================================================================================
The SEC seems to want to show the world that we took in, and pocketed, 1.2 to 4.5 MILLION dollars.
What a laugh!! The actual operating statement for Inteligentry is posted for your information on the "HOT SEAT"
page. Sorry SEC but we only had $844,000 investment and nowhere near the 1.2 million buck mark. Only GOD knows
how their accountants came up with such a really bad number. Does not speak well for the people that work at the SEC
to make these errors on something this SIMPLE... !!
REMEMBER YOUR TAXES PAY FOR THEIR "BIG" HOUSES!!
========================================================================================
2
========================================================================================
Notice - The US Government has a Secret System for
Stalling Patents :
Notice ------ Not DEAD just getting the world going!:
Inteligentry has LEARNED more and KNOWS more, NOW, than the original inventor, or all the
Rohner Group, or CEI or any other wannabes , ever knew. WE ARE THE "EXPERTS"!!
Thanks to OUR MODERN science and Engineering Methods.
========================================================================================
The SEC says the "Plasma Engine" Technology, as a whole, is Fraudulent. So, they say our patent
application is fraudulent even tho it defines the process and the control of the process exactly.
Then you had the Klosterman joke, his first patent, which, for sure, is fraud and you can see it to
believe it - Klostermans Patent
And Now, TADA, Klosterman comes with another joke. This one was done and submitted about the time
that the Girouard/Klosterman/Robert Rohner group, collectively the "CEI GUYS" got the SEC to shut
down Inteligentry to insure a real engine would not take away their "cash cow".
Here for your amusement is Klostermans latest patent
========================================================================================
3
Case
2:13-cv-00344-RFB-NJK
Document
293-8
Filed 05/28/15
Pagelatest
5 of 18
Notice ------ DO
NOT
ALLOW YOURSELF
TO BE
STOPPED
BY the
GIROUARD/KLOSTERMAN THREAT TO USE KLOSTERMAN'S PATENT
TO SUE YOU.
THE PATENT IS BOGUS!! (A Joke really!)
ROHNER WILL HELP ANYONE FIGHT IT IN COURT!
It IS WORTHLESS even if he says he has a "running" engine, so what!!!:
There is no business plan and none are being used in any product, more CEI Vaporware! :0)
After 30 sum years they, Girouard, Klosterman and Robert Rohner, just want you to stay out
of their ONGOING money collection scam!.
They figure they can lie to the government on sworn statements and anywhere else so why not try and scare the
others who might really be getting someplace. Beats Working? :0)
Their assumption is you won't know they lie so you will take their threat as real!!! Sure glad I don't have stock in the
"Dr Michael P. Girouard" SCAM, "Let's Get Thin MD".
He is making big bucks defrauding people and taking his own pills, er medicine :0) from his stocking, as verified!
========================================================================================
Notice to all Inteligentry ex employees.
"John Rohner has been working for over a year trying to get some Accounting complete. Primary to that effort was
the issuance of The ex employees 1099 IRS statements so that the losses by the ex employees can be taken into the Income Tax system as a
money loss. John Has completed his replacement of the 1099s and is ready to issue these to ex employees. These 1099s are for Wages, draws and
loans, normal business. The Stock you were all promised has been changed over to PTP Stocks.
"All EX employees should get John your address and social security number. Each 1099 will be filed with the IRS as well under John's
agreement with them, pre Bankruptcy.
"All
ex employees need to contact John with their IRS data.."
The majority of the base corporate accounting is also complete and has been published. However the assets have depreciated by probably 80%,
as electronics drop radically over a year. ie. In Feb 2012 company worth was over 3 million in hard assets and $18 million in receivables. Now the
hard assets are probably 30 thousand dollars and receivables is zero. More on this as John gets his Bankruptcy filing closer..
John Rohner Is also working on the accounting for the Bankruptcy of Inteligentry.
He will be asking that all of his, and others, funds lost to Girouard should be considered "Debit" to Inteligentry. Therefore there is over 3
million in lost wages and failed money loans to PlasmERG (Iowa) that will be charged to the Iowa company.
John will be asking the US District court, in Iowa, will help determine how the "Hostile Takeover" effected the total losses to participants and
decide if "Unity", since it was formed by a party under a binding contract, can be included in the assets and since the Money that Girouard used
was taken from his "Lets Get Thin MD" company investors if they can not be held accountable as well. Rohner is pretty sure that Girouard's
Investors and stockholders did not know that he had invested 500 Thousand of their dollars in PlasmERG Iowa and another 500 thousand,
plus, into his Klosterman company or that he did so by Breaching his contract and cheating others. Makes one wonder what else he "invested"
their monies into. Nor that he had stated his intention to illegally sell stock, just as he accused Rohner of.
The Back wages alone in PlasmERG Iowa is over 3 million dollars and have been reported to the IRS.
The Back wages for Inteligentry is over 2 million dollars. So the assets will need to be more than this to just settle debits with priority, per the
Bankruptcy court. Some of the monies needed, may be provided by Dr Girouard, who breached his contact and caused the loss and his takeover of
PlasmERG Iowa.
OR PlasmERG Iowa may be ordered to divest itself in Bankruptcy to pay the persons Girouard cheated in his greed.
Girouard and friends cheated the world out of getting help because he was too greedy and addicted to his own pills. So he needed to cheat
investors out of their money. Rohner only hopes that the investors in Inteligentry, that Girouard used the SEC to Rape of their monies, making
them "victims of the SEC" don't forget and do file a class action suit against "Lets Get Thin MD" of 3100 Duraleigh RD, suite 200, Raleigh, NC
27612 who supplied the funding for Girouard's adventures. Their phone number is (919) 977-4842 to find out where to file the case.
========================================================================================
THIS FROM A FRIEND OF MINE . "The current NSA scandal has you on their radar
for about to release a "disruptive" technology." "It's not about terrorism but with crowd-control everybody."
4
2:13-cv-00344-RFB-NJK
293-8 and
Filed
Page
There is a NEED toCase
protect
the 1%. "Good to see youDocument
moving forward
sue05/28/15
their ass off."
6 of 18
The perils of becoming THE WORLDS BEST" EXPERT in a NEW Technology to HELP "save" the world.
========================================================================================
This is my lil brother Tom Rohner shown with the Papp International engine and the controller that it was certified
with.
Tom Rohner and John Rohner were the only two, except for Tom Miller, Tom's late Tech, that built and programmed
the controller that actually knew how the process worked and HOW to control it so the engine would function properly.
This technology was carefully kept from Jimmy Sabori, by Robert Rohner, after the Papp International License was
taken from "Rohner Motor", a supposed Company formed by Robert Rohner that never happened So license was given
to the Papp and Sabori company.
Robert Rohner was the machinist at "Rohner Machine Works", the Rohner family business, that machined the parts
and assembled the hardware.
Without this controller that engine, like all that have followed, would not run. Since this controller was removed not a
single Papp International engine ever built has worked, to DATE.
Tom and John knew the inner workings and they had many discussions, verifying Johns Recollections, before Tom was
forced to join Bob and become effected by the Radio Active elements Bob Used. Tom was never "comfortable" with Bob
and was cheering John On. Unfortunately when Tom got sick Bob took over his email and cut Tom off from John.
Bob, has asked "why John did not go to Tom's Funeral?" The answer was simply that Bob had threatened John, and
5
Case
2:13-cv-00344-RFB-NJK
his family, with grievous physical
harm
if he showed his face.
Even Though John is the Head of the family, his brother, who it turns out had been sniping at him, jealous of his
success, for years, felt John should not be close to his brother and John did not wish to create a situation. John Knows
how Tom felt and who he was and could have been and for that matter was. Tom had worked with John many times
over many years in his life and John was/is quite proud of him.
The question then is why Bob keeps trying to use his brother as a "Cash Draw". See Below. John would guess that
without Tom's input he can do nothing as he has for over 30 years. Grow up Bob.
ps. My wife has money that she got from her Mother's death. Their family, unlike ours, did not have an
administrator that was there to cheat everyone for himself and Dorothy.
But I did learn to put all things valuable in her name as you did years ago when you bankrupted the family
multimillion dollar business. I am sure you remember that. If not read thru the documentation filed in the county seat.
Janet Rohner lots, everyone else zip.
========================================================================================
In Case You missed it, Doc 160 is an order denying removal of PlasmERG Iowa.
Thus the Las Vegas court has set aside the Iowa courts order, which I will advise the Iowa court of.
In so doing the money that Girouard was awarded also is stricken, the IRS will be informed of that.
But the great thing is that Rohner can now "reinstate" PlasmERG Iowa and sue Girouard for breach of contract, using Girouard's own money for
legal expenses. Girouard's investment and starting a competitive company, Unity International, is also great too. It will become the property of
PlasmERG Iowa, since Girouard was a board member when he invested, it can be assumed as an "expansion" to PlasmERG Iowa and his position,
within. Thus it becomes an asset to Girouard, Rohner, and the investors that Girouard "skipped out" on. More interesting is that Klosterman also
becomes a defendant, with Girouard, and the fact that he is still listed as a board member, co founder, with Clean Energy Inc (CEI) means that a
link is set to CEI, as well. Robert Rohner is one of the CEI co founders, with Klosterman so Robert Rohner is about to become a defendant as well.
All assets of all companies will be joined. Rohner will be asking the courts to subpoena financial records from the same period, July 2009 to current
on each new defendant and their business entities. Rohner will also ask that the same "Restraining Order" be shared.
LOOKS like Girouard has shot his own foot off. Gotta go learn how to do "appeals" now so the SEC can eat their feet. This case will take years
and years now. ...
========================================================================================
News that the biggest detractor of this technology had a problem! My POOR LIL Brother!!
Quote: My little problems:
I was quite lucky that, purely by chance, they discovered an ascending aortic aneurism (6 cm) which could have popped and bled me dry in
minutes coupled with a bicuspid valve. All is well now and even though the recovery will take several months, I should be leaping tall buildings in a
single bound shortly thereafter.
I can't lift more than a few pounds for the next twelve weeks without breaking open the sternum cut so I will be working solely on getting the
patents and other butt-work completed. Between these and a few more tests, we should be ready to strike up some good open conversations
around Thanksgiving. I apologize for the delay.
These narcotics make me slightly psychotic so I sincerely hope it's me writing this. Thanks for the cheer my friends. UNQUOTE! Bob
I am amazed that, knowing his use of things like Booze and Drugs, the Pain killer has any effect!!!. I am sure all the people he has
caused to be screwed will wish him luck! I know that I will and so will the woman he stole $36K from.
######################################################################
Could Not happen to a more deserving person!!
========================================================================================
IT'S SUCH A PITY, and too bad my Lil Brother, Bob, can not stand on his OWN two FEET, YET!!
I notice that Bob continues to use my youngest Brother, Tom As a "Fund Raiser",
He even presents his resume, as if he were alive. Hoping to make you feel "pity".
He seems to forget that Tom Died Of Cancer, Some time ago, Maybe
as a result of the "Radio Active" components Bob subjected him too.
Tom did not wish to join Bob. He did all he could to convince Bob and get us brothers
all together when I made them the offer to make a REAL Company and Bob refused.
Tom and I talked many times about how the engine worked and he was sure I had it
6
right and Bob "would never get it", which he has not, even after 30 some years.
He was very happy when, after months of being told by Bob that he had done it for us,
I formed "Rohner Motor", which upset Bob because his plan was to Resurrect CEI.
Tom's "objection" to being a part of the SCAM CEI is what that brought Tom
to finally create "Rohner Group". Which Bob has now taken over.......
I was very sorry that Tom Died. I get asked why did I not go to the funeral.
Simply put it was Bob's threats against me and my Family
Ask Bob why Tom had to die outside the USA? Treatments were available here to
cure him. WELL, I don't need anyone's PITY! I would never use my Brothers death,
and everyone's Pity, as Bob is.
So, Tom I am sorry for what your next older brother is doing with
your memory.
As the Head of the Rohner Family, all I can say is my lil brother Bob is an AH
it does go well with his BS.
Too bad Bob can not stand on his own two feet and be honest. BUT!
May My little brother Tom Rest in peace, luckily unknowing he is being exploited by his next older brother, as usual.
Tom was a good person, even apologized for the misdeeds of the linear's, paid for his tickets when we went to concerts, etc. Not Bob.
I DO Miss Him. He was a GOOD Brother and lived a good life. Betty and I both miss you, Tom! "WOW BOB!!!"
========================================================================================
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7
Inteligentry, Plasmic Transition Process (tm) Technology Company -- News
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The Big News
The latest happenings from Inteligentry
Updated 7/20/2014
Remember, I have posted MY RESUME. I AM PROUD of MY ACHIEVEMENTS, and
Being a REAL person. People seem to think that the person that starts a business, on
their own money without "Investment Capital" make lots of money for their pocket.
Even The SEC tries to say that I lived very high on the Bucks. Facts are a lot different
tho. My losses were pretty large as well. The sainted" Dr Girouard just screwed everyone.
I wonder if he still takes the lil pills he kept in his sock, looked like a addict. He runs
"weight" clinics, as a MD. So maybe these pills were vitamins... :0)
============================================================================
Ladies and gentlemen and US Taxpayers, be advised that the SEC FAILED to participate in a "settlement" conference and thus failed, the US
Taxpayer, in not finding an inexpensive way to "cover their butts" and get out of this stupid case they have brought to stop a Small Business Start
Up that did not spend millions and millions on "Solar plants" or billions and billions on "Fusion Reactors" and has FAILED completely, after spending
enough money to give everyone in the USA a 100,000 Tax Credit and not the Borrowed monies, now due. The worst "bridge to nowhere" ever.
It looks like they will take their chances with a jury. And personally I aplaud the opportunity to get their "so called" witnesses on the stand and
"under oath" to catch them lying so they can enjoy a cool cell for awhile for their lies.
Getting Peter Aimet sworn will be a terrific time to prove he is a "terrorist" and get the FBI and DOJ enough information, from him and witnesses to
rebut him, to send him away for life. Here is a "homeless" wretch that has caused many persons pain and suffering. So Much so I am having a hard
time just keeping him alive for his "appearance". I guess when you crap on the people that helped you, and give your wife away to another man to
use, and desert your daughter you do get some folks upset. He was a good con artist as he conned me and I helped him too. Remember he is Tana
Kanes "live in" Houseguest as well. It will be very refreshing for several people to get him on the stand and gone.
Tana Kane, Dan Glover and evidently, from their depositions even my son Matthew will also be good to get "under oath". Tana has pulled this con
job at least twice before so there are people that will appear to help out her memory as well. Yes she stripped people of monies before. Dan Glover is
an ex lawyer that instead of "looking" out for his company decided to join Tana and simply "get it all". Dear ol Matthew was just gullible and got taken
in by Tana who used him and his nature to her own will.
Dr Girouard, of the "Lets Get Thin MD" corporation who is aligned with Klosterman and my dear brother has also a prime spot in the chair as well.
There are some specific issues that are very illegal that he will need to answer for. In Case the Inteligentry Investors missed it Robert Rohner hired a
law firm in Cedar Rapids Iowa, evidently with Girouard's money, to target and kill the patent as was another law firm as well. That attack and the SEC
taking any funds from your corporation is why there is no patent. YES. you got screwed by these people.
I presume everyone knows that Sterling Allen has suddenly jumped away from his New Energy Movement and even Peswiki. That will not stop me
from having him on the stand either and some folks that dislike him to rebut him. Sorry Sterling but you should have followed your own "Sunday
School" and tried spending your time being fair and factual. As many of you are aware Sterling was one of Robert Rohner's "puppets" and played me
very well to get his "stories". Breeched his Non Disclosure Agreement several times and, like a dummy, I failed to sue his ass. But this speaks to his
lack of "ethics".
A piece of interesting news also came about this week. The SEC told the court that we could not cross file against them. and guess what, they are
wrong. SEC is Slander happy I am working with several law firms to find ways to present to the jury a request for "compensation" for their action.
============================================================================
From http://www.teslamotors.com/blog/all-our-patent-are-belong-you
All Our Patent Are Belong To You By Elon Musk, CEO
Yesterday, there was a wall of Tesla patents in the lobby of our Palo Alto headquarters. That is no longer the case. They have been removed, in
the spirit of the open source movement, for the advancement of electric vehicle technology.
http://www.inteligentry.com/news.html[1/8/2015 2:13:23 PM]
8
Tesla Motors was created to accelerate the advent of sustainable transport. If we clear a path to the creation of compelling electric vehicles, but
then lay intellectual property landmines behind us to inhibit others, we are acting in a manner contrary to that goal. Tesla will not initiate patent
lawsuits against anyone who, in good faith, wants to use our technology.
When I started out with my first company, Zip2, I thought patents were a good thing and worked hard to obtain them. And maybe they were good
long ago, but too often these days they serve merely to stifle progress, entrench the positions of giant corporations and enrich those in the legal
profession, rather than the actual inventors. After Zip2, when I realized that receiving a patent really just meant that you bought a lottery ticket to a
lawsuit, I avoided them whenever possible.
At Tesla, however, we felt compelled to create patents out of concern that the big car companies would copy our technology and then use their
massive manufacturing, sales and marketing power to overwhelm Tesla. We couldn't have been more wrong. The unfortunate reality is the opposite:
electric car programs (or programs for any vehicle that doesn't burn hydrocarbons) at the major manufacturers are small to non-existent, constituting
an average of far less than 1% of their total vehicle sales.
At best, the large automakers are producing electric cars with limited range in limited volume. Some produce no zero emission cars at all.
Given that annual new vehicle production is approaching 100 million per year and the global fleet is approximately 2 billion cars, it is impossible for
Tesla to build electric cars fast enough to address the carbon crisis. By the same token, it means the market is enormous. Our true competition is not
the small trickle of non-Tesla electric cars being produced, but rather the enormous flood of gasoline cars pouring out of the world's factories every
day.
We believe that Tesla, other companies making electric cars, and the world would all benefit from a common, rapidly-evolving technology platform.
Technology leadership is not defined by patents, which history has repeatedly shown to be small protection indeed against a determined competitor,
but rather by the ability of a company to attract and motivate the world's most talented engineers. We believe that applying the open source
philosophy to our patents will strengthen rather than diminish Tesla's position in this regard.
============================================================================
For those of you that thought Girouard/Klosterman and Klosterman/Robert Rohner (CEI) was dead, this posted today By Klosterman
on Robert Rohner's Face Book Group.
July 1, 2014, I am a resident of Palo Alto CA. I use the aa
I was introduced to the Joseph Papp Engine story by JJimmy Sabori in December of 1999 when I was 69 years old and in retirement!
I met Robert Rohner in person the first time in January of 2003 but I met him by phone the first time in January 2000.
Clean Energy Inc. was born, launched by me Heinz Klostermann, Dr. Jerry Parker and Robert Rohner in January 2004 having Offices and Laboratory
established in Palo Alto on Page Mill Road 295.
I have now a working Engine running on plain Air!
New Patents pending and to be issued/published shortly by the USPT in the Gazette
John Rohner is a /Thief, Liar, Scammer etc. "Con Artist Square.
OK Heintz whatever you say, just proves what I said but OK. Glad to hear you have after all these years finally got something going. I bet
Good ol Girouard is happy! When does the world get to see this or is this another CEI vaporware job?
Thanks for the laugh! I needed this..
============================================================================
The SEC has no "FACTUAL" case against Inteligentry. It is all made up crap! Their Fantasy!!!
As you can see below that whole SEC case is based on their "GOD like" If WE say it it is FACT, sounds like some other's BS doesn't it. Plain and
simple it is clear that the SEC and FBI are working together and "Sharing" information, supposedly illegal in the USA, to "misuse" their power and to
stiff people that don't "fit their mold".
They really do not understand that they did, in fact, rip people off for millions of dollars. I did not defraud anyone they killed the company just as it
was about to bear it's child. They "ABORTED" the baby. They KILLED the hopes and dreams of 140 people. They stole everyone's monies because of
some order from ABOVE.. Not a single statement, sworn to the court, in order to file this case was a FACT. It was ALL FICTION. It was the true US
Government Agency gone berserk and "ABUSING IT'S POWER". I CHALLENGE THE SEC TO PROVIDE A "DEFENSE" TO THIS STATEMENT. They
did not know then and do not know now how many investors, how much money or how much time was "GIVEN" to make this happen and get through
a "Normal Birth". They Just walked up and "SHOT IT IN THE BELLY", what a BLOODY Mess!! DON'T IT MAKE YOU PROUD TO BE AN AMERICAN??
??
9
Caseat2:13-cv-00344-RFB-NJK
Document
293-8
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Page
18Half a
We have a WEB site that was quoted
$45 million and in true American Greed
Contract,
like the Filed
Defense
contracts, Form
it is 11
now of
over
Billion dollars and does not work. I do love the fact that 7 kids in San Francisco have a web site that does work and it took them a week and a
couple hundred dollars. Also One must ask what defines a "Fraudulent" technology. We have spent Trillions, yes with a T, of dollars on a "fusion"
reactor, which FYI is started with plasma, and the Return to date is ZERO. Is that a Fraud?
Even better is they have no proof that the whole basis for their action "Fraudulent Technology" they can not prove either. Even funnier is that
the others, using this technology, don't understand that when the Government gets us, they get them as well. Yes FRED that means that if our
technology is Fraud, so is the Papp and all other Plasma expansion technologies. That means that the 30 plus years that Klosterman and Robert
Rohner Scammed people for the millions they did and G & G or Girouard or anyone will become a criminal as well.
There is no question that from 1983 till 2009 the CEI guys, Klosterman and Rohner, sucked a huge amount of money and did nothing. Klosterman
hoots about his patent, which was gotten based on letters between him and Papp since Klosterman has never done a thing. If you like I can post the
letters or maybe send them as a "challenge" to the USPTO, as my brother did when a video, I own copyright to, was mistakenly sent to them. Yes the
dumb shit, my lil brother, is still after all these years trying to knock me. I just found out he was Bob Cooper's source of misinformation as well. Bob
is too insane to shut the F--K Up. But dear old Bob seems to think he is invincible, after 30 years of sucking and spending monies, and not getting
"caught". His last note to the SEC/FBI made them ask for specific info from me and I have promised them that he will be on the witness stand of our
trial to answer questions as well. He may think he is GOD, like the SEC does, so, I guess we will get to see how good he dodges the bullets. I do plan
to have as many "others" that use our technology in front of the jury and the court. Time to "shake the tree".
Has anyone noticed that while we were developing our engines things were being done by others, BUT, since we got stopped not much has
happened, in 8 months. Bob is still relying on the "Popper", someone else did in 1991, and Tana and Dan, after sucking the guts out of everyone that
trusted them, has passed it all to India. Gotta love "trusting" people so they can screw you! I have made sure that the group that is taking the
technology forward has "noticed" that being "public" is stupid. Tana was told not to go past 500 and she went past 900. My mistake was listening to
WannaBee managers, like Sterling, and not staying hands on and "trusting" everyone. Don't let anyone kid you, "Sue the Bastard" is a better policy.
I have also made it clear that my "devotion" to making this technology an American thing has GONE AWAY. I personally feel real bad for not
selling the technology, when I had the chance, to foreign Governments or investors. Now that the US GOVERNMENT has shown their true colors. I
could care less about "Made In America". I was just raped of millions of dollars and thousands of hours, by MY US Government. Ask if I give a damn
about the welfare of the rapist. I would think the "investors" will feel very similar. I wonder how many Republican Tea jerker's that worry about
making sure the "common" man does not get health coverage and is so Pro Life would say to me now that he has "Aborted" the baby that we had
worked so long and hard and sacrificed so much to carry. Like it or not that is what was done and not one of these Tea people Give a Rat's A--.
========================================================================================
Information for the people that counted at Inteligentry.
There is no SEC Case based on any facts, as most of you have seen from the legal news page. The SEC expected to do a "quick kill" and grab
the $360K from the bank, they expected this from Tana's information, and to pay off Girouard and stop US forever. They were sure that their, and the
normal court, "policy" of "If the SEC states it as an allegation it must be taken as fact" to allow them, as it has in the past, to simply use their
"muscle" to win without proof of any wrongdoing. The FBI provided the extra leverage needed to convince the court that "It Must Be SO" by making
sure there was no records, or engines or anything that could provide a possibility of the company disproving anything. I guess these agencies have
gotten so powerful that they do not feel they need to abide by the "constitution" any more and can do just what they wish to whomever, unless the
opposition can afford BIG lawyers, like the Banks etc that bankrupted the world or energy companies that played politics and went bust etc. There are
plenty of BIG money things but these folks also have the BIG Bucks to afford the BIG Lawyers and Political Action Committees to grease the way.
Our country has forgotten that we are the best in the world and not the "biggest" in the world because we have people that think and try new
things and some of these are successful some are not and that is the true "investment". Most of our investors have lost money on other "ideas" but
they know, and the government seem to not, that without that income nothing gets accomplished. This country just lined many pockets with a $10
billion Solar Fiasco but so what? it's just Taxpayer monies. The government funds Bridges to no where but no one holds them to any standard of
investment. The Government can throw monies at their friends, look at "Halliburton" and how they prospered under Georgie Jr. Want a job that pays
you forever, become a senator or congressman, for 2 years "WORK" (:0)) you get paid, after you get fired, for the rest of your life and complete
with perks. Know of any other job like that, but that is why they raise millions to get this job. (Why is this NOT Fraud?) Money Fer Nuthin!!!
The SEC has taken a very unsupported position that a company, after it is taken over by a "Hostile Takeover" and all the originators thrown out, is
still the liability of any resultant new corporation. I plan to provide the jury with many business professors and Business law professors that will make
the case that once a "hostile takeover" is completed there is no further liability available UNLESS a part of the Takeover Contract. Be sure and keep a
copy of your Investment documents as the "common" belief is that as investors you can form a "class" and Sue for damages in many ways for this
action by the person that "took over" the company, who is a multimillionaire and has lots of money to "give" as a settlement.
John Rohner is now asking his consultants if Girouard and the SEC do get PlasmERG Iowa linked, which would add Girouard as a defendant(?),
Would this mean that "Unity International", the company he started with Klosterman in January, before he ordered Rohner out (breaching his NDA)
would then become owned by Inteligentry as it would be a product present and brought into Inteligentry at the time of joiner. Or would the PlasmERG
Iowa name get changed, and the PlasmERG Nevada name as well, to "Unity International" and Rohner get some ownership since it was started while
10
Case 2:13-cv-00344-RFB-NJK
Document
293-8 took
Filed
12violation
of 18 of
Girouard had a specific no contest agreement
with Rohner. This company was created
before Girouard
over 05/28/15
PlasmERG and Page
is a clear
the contract and as such would become joint properties. Interesting as it would link Klosterman, Girouard, Bob Rohner and John Rohner. Wouldn't that
be fun....?
There is no proof or factual support with anything else either. The SEC has one complainant, not 98 and they have no accounting that can prove 1.4
million anything's. And there are only two Stockholders, not even 3, let alone 98, in the corporations. There were 140 or so people that had invested
time or money or both to the project who were provided collateral but never allowed to see it to fruition. Basically there was and is no Proof supported
by any fact that supports their even filing this case.
Even worse they have a REAL Problem with the corporate assets. They have labeled the technology as "Fraudulent". That claim is foremost because
without it there could be no fraud. Without Fraud, as alleged, to the Investors there is no illegal actions for them to be involved in pursuant to the law
as described in 1933. Understand they are petrified that any working engine May be shown that they have illegally impounded the personal property of
an investor and have grabbed parts etc from the parts bins, without informing the Manager, to insure that engine kits can not be bought to assemble
and that PC Boards and parts can not be assembled to create usable control systems. All of these actions will be brought to the Juries attention. I
think they will also get a good laugh.
Keep in mind that the SEC wants to throw me in jail for allowing anyone to use this Technology because it is an asset. Any Business person can tell
you that in order for something to be an asset it must have value. A Item that is "labeled" Fraudulent can not have a value as it is by definition Fraud,
or False. Thus the item in question can not be an asset as, by their definition, it has no value. The other reason they want anyone stopped is that they
have already allowed Tana and Dan to use these assets and still are. Plus they have a huge worry that, in my hands or using my information, a motor
would be readied and presented to the jury. They are scrambling hard to insure that, with their partners the FBI. Why else would they need to
"impound" engines. Logically the only way to insure a win is to insure that no defence can be provided. We are Eight Months after the "search and
seizure" and so far the FBI can complain only about finding some porn and downloaded music. Remember that the last report showed that the United
States Pentagon workers hit Porn sites over 30,000 times a year. The alleged sound and movies could have been simple compilations from the
originals, CDs to MP3 or FLAC and movie DVDs to Avi for laptop or Tablet. But what did they expect? Their "harvest" had but one purpose..
But all this said does not change the fact that the SEC/FBI consortium did do what they wanted or were ordered to do, stop Inteligentry from
finishing development on it's engine. Inteligentry has been killed and even hoping it will come back is fantasy. Bigger Fantasy that the SEC/FBI
consortium had with their Grandious ideas.
Thus all that have invested in Inteligentry have to consider their "investment" now as a loss of investment for use on your IRS tax forms. By March
15 Rohner will have a document for you to use or you can just do it and use the document if they complain. The IRS is aware that there is going to be
many claims and even names and amounts. So don't lie just get what you are due as investment persons.
For the HOT SHOT BS Artists, Trolls, Sterling and the like, people without the brains to develop a sneeze, let alone a real product, My
personal loses rough out to 5997 hours a year, 11995 hours into Inteligentry, and 29587 hours since 2008, when I filed my Patent. ~$1.2M min. My
lost salary is ~$132K (min) per year or over half a million dollars. That does not include the personal monies invested of my own. So I am the single
largest investor as well. None of these cry babies and TROLLS would ever risk their money or time on anything that did not pay up front. But they can
cry and whine and try and make us believe they are older than 7 years. But let's face it if they had any PRIDE they would be proud of their name and
accomplishments so there is the PROOF they have none and are worse Frauds than the SEC.. I do plan to have some of them in court to testify about
their acts. All internet messages leave a trail, as the NSA and FBI know.
Also for the same group of Wanna-Bees keep in mind that Inteligentry did in 2 years and less than $600K what Robert Rohner, Heinz Klosterman
etc. have not done in over 30 years with over 18 million at their disposal. Robert Rohner with all that money has never shown anything but a single
popper, developed by someone else in 1981. His only "claim to fame" is that he machined the 1982 engine Joe Papp Designed for Papp International
and Papp made run and certified. When provided a license he failed to form a company to take it so lost it and bankrupted Rohner Machine Works in
the process. Then to add to his "Honor" and "Ethics", he Reworked his resume so he worked for Papp International until 2004, years after Papp
International went under, and he illegally copied 5 engines that he sold for $50K each, so he had an extra $250K. Yet to this date he has nothing. But
let's all hail his holiness of fraud and scam. Next to anyone he is certainly the king of that. I hear from the Rumor mill that he has stated he will be
running an old 82 engine soon. But he has been saying that for 30 odd years now, soo..
Some of you that think you are investors will soon find out you are not. As everyone knows, any investor had to sign a Non Disclosure
Agreement (NDA). Sterling Allen signed 4 and breached all, so you can trust him :0). Everyone was informed that any breech of this contract would
be treated with some action, most expected Court. However, early on in the 2011 starting time the board of directors created and added a "Special
Security Rule" to the Company rules. This rule was created to save the company from the expense and bad publicity of any trial because of a
Investors BREACH of his contract. The rule states that the Investor will simply lose their investment and any stock they may have due if they breech
this contract and that this determination will be made pursuant to the Board Chairman or CEO discretion, without recourse. So some BAD FOLKS have
now been removed. Specifically, anyone known to have breached their contract by doing any act that affects the corporate integrity or in any way
harms it's image. These people will NOT be eligible for admittance into the New corp either since their Collateral Certificates have been resolved to
zero.
The Restraining Order says I can not ask for anyone to invest in My corporation. So please be aware that I am not doing that. The Inteligentry
Investors do not deserve to be treated like criminals just because the SEC wants the corporation, and thus the technology, stopped. Inteligentry can
11
Case
Document
Filed
05/28/15
not convert anyone's Investment into
stock,2:13-cv-00344-RFB-NJK
as was the original deal. The SEC/FBI
has seen to 293-8
the fact that
Inteligentry
has no Page
assets.
13 of 18
============================================================================
FACTUAL BACKGROUND
On March 8, 2013, the SEC served a Complaint against Inteligentry, and me, alleging, specifically, that since July 2009, an incorrect starting date
as Inteligentry started May 2011, until current operated a fraudulent investment scheme that had defrauded at least 98 people, nationwide, also
incorrect as the SEC has only 6 complaints and only 1 is valid, out of at least $1.4 million, again incorrect as the total for the 1 they do have is
$10,000. So, Reality was 1 out of ~140 Investors (1/140). Even better they have not a one that had been defrauded by any one but them as the
Dynamic Pair FBI/SEC took their company without any relevant Facts. As you can see from their answers to Rohner's requests for proof that have
none. HERE IS THE REQUESTED SEC PROOFS of ANYTHING!
The first document is Rohner's request for information. Simple things like prove anything the SEC swore to when the SEC filed the case and let's
see the links between the SEC and the FBI or anyone else. It would be interesting to see who the SEC is working for, as it certainly is not the
Investors.
The second document is their answer. It will come as no surprise they used every "Trick in the Book" to not answer anything. But they did
actually use the same answer for the 98 persons that they used in April when they just sent an investors list. They say Rohner has an investors list
and there are at least 98 people on it. That means that in their mind, even though they have not proven the technology fraudulent, their goal to stop
all, in their mind everyone without exemption is defrauded, Including me, as I am on that list.
Please Understand, the SEC has a GOD Complex. Those of you that have read the SEC motions etc know that the SEC believes they are infallible.
The SEC tells the court that "The court must consider any allegation presented by the SEC as FACT", even if not proven by any evidence. So
their saying everyone is defrauded makes it so, even though nothing has been presented to prove their allegation in any way. Rohner believes that is
contrary to the US Constitution and the American way of "Innocent until Proven Guilty".
In their zeal to get the defendants, and technology, stopped the SEC has knowingly Lied to the Federal Court.
It turns out that the SEC's whole case revolves around it being unquestionable. The SEC has no proof of any wrongdoing just their own
statements.
Not a single statement in their Complaint, as sworn to the court, is true. The SEC knew this information was false when it was provided to the
court. Date is wrong, people and amounts are wrong, they even proved we had a patent that they said we did not, They have one complaint and Not a
single proof that Rohner ever did anything except what was on his resume. They plan to use complete built engines as "evidence" of something, of
course we will use their evidence as "look what we did in less than 2 years next to the wannabees that milked millions over 30 years. So their doing
that is fine. Except they are using engines stolen from private property of investors etc.
I am sure you all know that the SEC has perpetrated "GRAND THEFT" to steal engine parts, that are personal property of an investor, and other
assets have disappeared under the SEC "cloak" as well.
The SEC has also been helping a pair of supposed trusted employees steal the technology for themselves. I presume you all know that Tana Kane,
dear lil grandma she seemed, and Dan Glover, starting from before the Power Gen show, with help from their good buddies at G & G, have been
working to get the company for their own. In their depositions they actually admitted to slowing things down and telling people to "wait" until they had
the company. Here is, from their deposition the proof of this statement the Tana, Dan and Jay show - company
SO, What can be PROVEN is that the SEC has NOW stolen personal properties from Investors and allowed the theft of the technology
and assets, with their blessing.
Inteligentry was a nearly 2 year old development company that was developing a radical new technology of electromotive power to replace
combustion and electric engines, and motors, without using combustion or combustible fuel. All for very minimum cost to pocket or planet. The engine
had been seen operating by several people and historically from various historical videos and even a historical certification.
Inteligentry was, at the time of the FBI Raid and SEC fund freeze, 3 weeks from finalizing their company, proving their technology to Investors and
licensees and starting licensing to get others started as well.
At that meeting the new technology was to have been demonstrated by a generator and engine set, "Genset", which was to have been powering
the shop. It was this engine that Rohner had tested the Sunday before the FBI Raid.
That meeting also would formally start the training. Rohner's "would not take license fees until he could train people how to build or use the new
technology" would have been realized. This meant that the start of training could be April 1, 2013. With Training the company would have an income
of about 6 million dollars a week, for the first month, and then less as the foreign masters completed training and it changed to the less expensive
licenses.
The company had a dozen employees, that had given up time and wages to be a part of this earth changing technology and are now due a very
large amount of money, $1,684,109, as their employment was stripped from them, as were the hopes and dreams of the investors.
Rohner has no understanding why the SEC/FBI decided that a new technology as important as this was needed to be stopped or deterred in the
USA. Something that would cost the investors, employees, the USA economy and the world millions of dollars.
THREE weeks before birth, The Technology was forcefully aborted. All the people's hard work, and sacrifices, killed in one stroke. That is
what the SEC accomplished based on this false information. One guy cost millions from investors and new technology for the world?
To date the SEC has proven none of their allegations, even the most basic ones used to fool the court. The SEC has cost the investors millions
of dollars, stolen ~$100,000 in personal property from an investor and generally done everything they can to stop the Investors while rewarding their
hand picked stooges, Tana and Dan. The SEC complained about Rohner stealing the technology (asset) and yet turned a blind eye while their people do
12
Case
2:13-cv-00344-RFB-NJK
just that. Tana and Dan started their
theft and
lies way back before November 2012.
For those of you that fell for that "Poor Tana, She Can not get rid of Peter" trick which got her a new Car from me. Look at this: "Peter Amiet
President of consultancy, Plasma Dynamics, LTD. and Director of R & at D Whitestar International Energy, Ltd.". That is the corporation he formed
February 2012 when he and Bill expected to grab the company then and "White Star" is one of Bill's alter egos. It looks like Tana who was their
recommendation and after peter was fired his support was involved all the time.
The SEC is going to have an interesting problem though. They did not understand who actually was the "investor" primary interface at Inteligentry.
So we have provided the Court with pointers, using the Web pages already in evidence from the SEC that specifically show the "Call Tana"
information. Let's see if the SEC will go after the real perpetrator, by law.
Of particular relevance, the SEC has failed to present any substantial evidence that any registration statement was needed or that the actions by
the defendants. There is ALSO no proof presented that there was any registration needed at the time of business closure, under either Nevada or US
Law. We were following instructions as had been advised and shown to do by our attorney. There has been no challenge to determine if that "advise"
was right or wrong. We know now who was the "responsible party" and it is not Rohner.
The SEC saying it was wrong does not make it so. It must be proven to all parties and a jury. No sales were executed for the purchase of 'stock'.
NO stock was offered by the company for any amount. No amount was ever published. Rohner did provide his stock as "collateral" for investment
blocks and he was informed that it is not illegal to use stock in a private corporation as collateral for any money acquired, loan or otherwise. It is after
all an asset. Therefore it seems there is insufficient information to say "Proven beyond a doubt". Rohner submits there is plenty of doubt, at this
moment.
The court is aware that the SEC has stolen personal property from investors, about $100,000 in one case, and that the SEC is sanctioning the
removal of assets from the defendants to Tana Kane and Dan Glover's company while stopping the legitimate Investors from being allowed to use
anything and charging Rohner with Contempt for properly trying to HOLD the assets in his charge. The SEC needs to prove any of their case. The SEC
has yet to provide a factual statement. 1/140 is the complaint ratio.
PlasmERG (Iowa) or How the SEC is trying to bend, mis inform or confuse is a non issue.
Check these documents and you will see the Settlement documentation that says clearly that all issues between Rohner and Girouard was "settled"
when Girouard made his demand on Feb 17 and completed by the court July 2011 when the federal court provided Girouard with PlasmERG Iowa as he
had requested. Girouard had complete ownership and legal responsibility from the day he demanded it, technically 30 days later per his
accountant/lawyer. Remember that this was a month after Girouard, who had seen a running engine, gave Klosterman, his buddy with Robert Rohner,
$500,000 to create "Unity International". So there is no link between PlasmERG Nevada and Iowa as the SEC fantasizes. Girouard dumped everything
and the corporate bank account is still open with money in it. He left everyone and everything behind.
Inteligentry, PlasmERG (Rohner) and PTP Licensing, etc. are Rohner maintained websites on the Internet hosted by Go-Daddy.com used by Rohner
since early on. All postings on the Rohner websites are subject to Rohner's copyright. Rohner is described on the websites as the person who maintains
the website.
It is interesting that the SEC understands that these sites are "copyrighted", by Rohner, and yet the SEC is providing them to the court, from a
site where stored without Rohner's permission, thus stealing them from Rohner Mat. Facts, 10-11.
Approximately 140 persons, including ex employees and family, have invested time or money into Inteligentry. The SEC told the court it had
ninety-eight (98) minimum defrauded. The truth is there are only 6 Claimants, or Complainant's, and of these only one is an investor, Of the
remaining 5 one is Girouard, who was long ago settled, another is Malaker who has perjured himself, one is an ex employee who says he used to work
for the FBI/SEC, Peter. Another, Mario, is Peter's best friend, and one is very happy with Rohner. So the court was sworn to that 98 was the minimum
defrauded and the real number is maybe one and 1/140 is not bad for any company. The money investors paid in for development was deposited
directly, checks, cash or through wire transfers. All monies applied to bank accounts in the names of Inteligentry, PTP licensing or PlasmERG (Nevada)
till transferred, as any normal business. Mat.
Rohner, as the CEO, board Chair and primary stockholder of Inteligentry signed all stock certificates, issued as collateral, as supplied to him by
Tana Kane, who did all the investor and licensing work. PlasmERG (Nevada) and PTP licensing were never a part of anything they were bookmarks. The
SEC has not proven that any registration was needed based on Nevada law, nor US law, as yet. The SEC has proven no reason that any registration
was needed or required except by their own statement. No Jury has been empowered to decide if this is a true or false premise.
Rohner signed all stock certificates issued to investors as collateral. Rohner also signed some stock purchase agreements with investors. Rohner
signed what Tana Kane presented him to sign as she was trusted to handle this part of the business in its entirety. Rohner was not aware of what Tana
said, or promised, or any other action. His job was the engine development.
Most Investment agreements were taken care of by Tana Kane and Rohner had no knowledge of what she said or did. Mat. Facts, 18.
As of the filing of this correction to the SEC Statement of Material Facts, there is about $190, 771.84 in the bank accounts of Inteligentry,
PlasmERG (Nevada) and PTP Licensing from deposited investors' moneys and License applications fees. [EXHIBIT 3] The current known liabilities of the
Corp Defendants as ~$1,714,583 in priority Back wages per employee contracts plus legal fees. Thus, at this moment, Inteligentry, etc. is over $1.5
million dollars in Debit.
It was not easy to invest in Inteligentry. Investment rules for persons of "like" mind, "Save the world" was primary to "make Money" as a mindset
and many have/had invested in other alternate energy projects: The Investment was guaranteed by Rohner's Pledge of Rohner's personal stock as
collateral, per a signed redeemable certificate, against their investment, when complete. Rules were that there was a minimum of 4 and a maximum of
20 units available for first involvement. Each single Unit representing $1000. Any Investor had to read thru the Info pack, consisting of Business Plan,
spread sheet, Rohner Resume and sign the Non Disclosure agreement. Any interested investor had to do their "due diligence" as they wished. Any
13
Case 2:13-cv-00344-RFB-NJK
Document
Filed
05/28/15
Pageof15
ofreturns.
18
investor had to provide a signed statement
that the involvement would not detrimentally
affect293-8
their family
as there
was no promise
quick
Then the investor was expected to come in for an "interview" and at that time presented also a technical session about the technology and the
expectations. If the prospect was still interested, and many were not, their investment was temporarily accepted and they were presented for
verification of purpose. Upon Company acceptance their money was put into the bank. Most investors did visit the shop and with out pressure, to
determine their interest and ours in them. No one was ever pressured to invest.
Rohner does not understand how the SEC expects a jury to buy all the "I AM GOD" stuff. Rohner will certainly challenge it. No Evidence has been
presented that the Defendants did anything wrong. The only facts discussed, to date, are the unsubstantiated allegations of the SEC and these have
not been defined in facts that can be examined and considered in full in a way that any normal jury, or person, would understand and be able to rule
on. Rohner believes the SEC will attempt to cover up the miscues and thefts etc. that the SEC has perpetrated. Rohner does not believe he, or the
defendants, have done anything wrong except develop a technology that greedy people want for themselves. The SEC has stolen personal property
worth about $100,000 from an Investor, it is working to insure that Rohner can not get enough parts to build a working engine to bring to court by
stealing or holding materials. The SEC has blessed it's snitches, Tana Kane and Dan Glover, by allowing them to steal the technology for their company
use and has blocked, to the point of accusing Rohner of contempt, any such use by the real Investors that the SEC has already cost their funds.
The SEC did finally define what "security" means to them. Their definition is "Stock". As it stands, there is law and there is the SEC version with
the SEC telling the court that everything they say, without proof is the way it will be even while they have done everything against the investors,
including stealing personal properties. Justice desires proof of allegations not lip service. Arbitrarily shutting down new developments and taking
personal properties without this proof of fault is abuse of power and certainly not justice as our forefathers wished. There has been no debate as one
should have in front of a jury. The SEC has failed to provide proof of any wrongdoing, yet.
The SEC has provided the court with nothing but bad information from the starting date, attempting to add someone else's company to Rohner,
even after a US District court has already ruled once. The SEC tells the court about the huge size, 98 people defrauded, when the real number is ONE.
Rohner wants to see the facts provided that makes this case even a case.
One would think that an agency paid for by the US Taxpayers would have come to Inteligentry and had a conversation to resolve any
misconceptions before they just cost everyone their jobs, monies and put the company out of business. It would have cost the US Taxpayer a lot less
money and the US Government would be getting their return, in taxes, as the business made money as well. So the fact that the SEC did NOT perform
their job properly is also a concern.
Inteligentry was never informed, by the SEC, that there was any requirement to register anything. As a US Taxpayer funded agency it is charged
with maintaining proper "corporate behavior". The proper first step, to protect the investors, should have been a conversation with what was a perfectly
valid growing company with one complaint from over 140 investors that was doing exactly what they said they were doing, developing a technology.
The SEC had/has not verified the claimants, or complainant's, yet to see if they are real but in their zeal to get us shut down they have already
cost the Inteligentry investors nearly a million dollars in real loses, not to mention the courts time and the US Taxpayers money spent on this case. All
this cost for something that could have been fixed with a simple meeting.
The Investors Rebound
The investors have, or are, forming their own private corporation to function as a "holding: company for the Consulting and licensing
company they stated several months ago with the ex employees as partners. That new consulting company has already redesigned the master control
system based on some errors that only Rohner knew and had been correcting before he used these. They have already re written the firmware
again to rectify a couple errors that Rohner was correcting before he tested. Without these corrections the controller will fail. Rohner did not wish there
to be a "simple" way to "copy" what was done to make the process successful by anyone. Matt Rohner and Nick, who worked with Tana and Dan under
contract until dropped, are back in the Investors fold again and working part time until monies to proceed can be arranged.
The Investors are being asked to get their information to Sandy so a comprehensive stockholders map can be readied for the new corporation, at
it's start. The new corp will have 30% of the stock held in a block to be used as "perks" to find good people to join it. The consulting company's
licensing people is now exploring new Country masters in most areas with very good 3 year sign up licenses that are very inexpensive. Since the
Tana and Dan team has used the ones that the Investors had originally planned to. Any licensee listed on the Tana, Dan and Jay company document
has had their license revoked and since this also breached their NDA their ability to join the new corporation removed as well. Rohner has been told
that people were told that it was "his idea but don't call him because of the TRO" But that was and is hogwash and simply a way for them not to get
caught and you not to get real information. That should have been a "red flag". New Masters will be replacing any lost and the contract company,
Sandy, is doing that as of right now. We hope to have masters with operational engines by next summer or sooner.
Investors positions within the new corporation will be representative of how they are, without my block. ie 70% will be divided by the participating
Investors. Investors will be giving up any Inteligentry position as you move, so be sure to write that investment off. Even if the case was dropped now
the damage to Inteligentry is probably too high to recover and Rohner has no wish to work that hard, 14 hour days 7 days a week for free, again.
John will be happy consulting and working with others to write interesting books about this experience. I have nothing left but a great wife and
$1650 a month and it is time to play on other contracts. Remember as a "contractor" I can make over $200K a year and enjoy life. Connie is an award
winning artist maybe spending time in New Mexico or Baja is better.
CONCLUSION
Rohner would suggest that in the spirit of finally closing a bad case that the court will order the assets of the corporate Defendants to the investors
through their consulting company for resolution and the dissolution of all 3 defendant corporations, as a just way to treat the Investors that the SEC
has so badly mistreated by stealing personal properties and causing them all to lose their money for nothing.
14
2:13-cv-00344-RFB-NJK
Dismiss with prejudice so all Case
can relax
and live again.
============================================================================
So lets delve into the SEC charges and see what sticks.
First interesting thing is that the charges, and the Search and remove orders both have dates that make no sense. Inteligentry, Ltd. did not exist
prior to May 19, 2011. PlasmERG, Inc did not exist prior to May 5, 2011, and PTP Licensing, LTD did not exist prior to March 27, 2012.
The SEC charges, and FBI papers, all use July 2009, nearly 2 years before "The Rohner Companies" could have existed.
Fact is that John Rohner did start up in Iowa in November of 2008, when he filed his "Provisional" patent and created 3 companies for him and his
two brothers to each operate as a "Rohner Group", a name coined long before Tom created a LLC and one that Robert Rohner had "promised" to have
created when he was trying to raise money and involve Tom and John into another CEI Scam, the "front" company for the "raising"of monies used by
Robert Rohner and Heinz Klosterman since 1983, in one form or another.
When they both declined, Bob by choice and Tom by Bob's force, John went on his own and killed all but PlasmERG, a name John and Haik had
created from Plasma and the Engineering term for energy, ERG. PlasmERG is copyrighted as theirs.
Later, After moving out of the house stolen by Bobs wife Janet, they worked in the garage. A doctor contacted John, he seemed to know a lot
about what they were doing and he asked to "Buy in". He bought $105K in stock and this allowed John to hire a machinist and make more engines.
After Bob screwed John out of being eligible for a prize for his controller design, which somehow Dr G knew about, Dr G met John and Connie in San
Jose, Ca. Dr G knew John had been disqualified. After a couple talks, where John made it clear what direction they needed to go and that it would take
nearly a million dollars, if they did it as Dr G wanted. John finally got talked into doing it for $500K and the Dr decided to fund it. Funding later that
month was reduced to $300K, a number John had told Dr G would not do it. The following January Dr G, with a non disclosure agreement signed,
went to Klosterman and in Feb funded him. He then demanded payment and turned down any "deals" to pay it and kicked John out of the
company. Thus he screwed everyone out of their investments. But, John had filed the provisional patent personally so he did not get that. AND that,
from their long talks about it's importance, was the "expected" Prize. Later he tried to trick John into putting up an attorney for the company, when
he sued it for his money. The hope was to get John into the suit and get the patent pending , free.
Since he never sued John, it is clear why he is in the SEC suit. Still trying to find a way..
As a matter of fact, if you look at all the people that the SEC has for depositions it is clear why they are there. Peter tried, with Bill, to take
the company and when he was fired swore to get revenge. Keep in mind this is the guy that has had everyone that helped him, when he was
homeless, put in jail. He sucked nearly $40K from the company and gave NOTHING. The rest are similar stories. People with NO money at risk
but willing to steal everyone else's money for spite.
Since the case will be in front of a Jury, it will be interesting to watch how they crumble. IF PETER does not get FOUND. There are people
looking for him. He used to tell us about his FBI/SEC cohorts and he put a sitting judge in jail, that had done nothing, but the retired Senator is
NOT. So you know he is a marked man.
Inteligentry was started in May of 2011 and at the first stockholders meeting we were given instructions. That is on video. We did exactly as
told. That lawyer made $40K before he was "torpedoed" by Peter and replaced by Peters good buddy, Bill.
As to being a fraud, they should have waited till the stockholders meeting. But, with engines popping up all over I think it will be a tough sell
to a jury. BUT, I plan to call for "defense" witnesses: My Brother and Klosterman, they have been "milking" this for over 30 years, Bobs SRI
scientist and his boss, 13 years experience, and others that are, or have played, with the technology. They can not make us a fraud without ALL being
same. So, if they win anyone taking monies to develop the tech is bad. Bob and Klosterman have been doing that for many years, maybe long enough
for jail? Sorry but they actually did steal Investors monies.
It is also interesting that none of our current "investors" except one that is mad because I chose Venna over him, is in that group. Most
stockholders are not amused at losing their monies.
It will also be interesting to prove that I ever went to Harvard. Every investor got a copy of my resume. I did not work for a company, for 8
years after they went bust, like Bob, and my "educational" section says nothing about any college. All investors were provided with that document.
The only person I know that is "worried" about it is Bob. BOB, with his "Super" MBA killed, bankrupted, the multi million dollar Family
business has never run a successful company and, with the help of his wife, Dr Janet Rohner, cheated his brothers and sisters out of anything from
our father's will. Bob and Dr Janet got it all. Check the records.
15
####################################################################################################
Inteligentry has LEARNED more and KNOWS more, NOW, than the original inventor, or all the Rohner Group, or CEI or
any other wannabes , ever knew. WE ARE THE "EXPERTS"!!
Thanks to OUR MODERN science and Engineering Methods.
####################################################################################################
16
1
set forth herein.
www.plasmerg.com
following location:
Russell Castillo
SEC IT Specialist
Exhibit 7
CONTACT
CONTA
ACT
Control Systems Consulting" 702-448-3406 301 S. Pecos Suite D, Henderson, NV 89074
If You wish to DEVELOP or License the Plasmic Transition Process technology
IF YOU live OUTSIDE the USA and wish to obtain A Country
Master license ----> You can Join the "NOT MADE IN AMERICA" CLUB
========================================================================================
at "
If You wish to License the Plasmic Transition Process technology and Manufacture Your Own Motors or Buy
motor parts AND you are OUTSIDE the USA Contact: Sandy Licenses are being administered by Them. NOW..
Anyone that lives OUTSIDE the USA and wishes to License and Manufacture these engines
ATTENTION:
NOTE: If you are looking for the award winning Engineering team, the Innovators and Patent
filers from the research side. THE REAL "GURUS" and "Experts" for this the "Plasmic Transition
Technology" OR the Plasmic Transition Process. The TEAM THAT WILL SAVE MANKIND.
These are those far sighted people who wish to see this technology get used as fast as possible,
These are the Guru's, and Investors, from "Inteligentry" which was within 3 weeks of showing "Investors" a
production engine driving a generator (GENSET) and announcing training for licensees when the US
Government (FBI/SEC) killed them, for no reason except they had a "disruptive" technology,
to the "Rich and Super Riches" BIG money "CASH FLOW" supply keeping us all in debt to them.
Their consulting company "Control Systems Consulting" will be happy to create the controller
you need to get going, complete with firmware. They also license off shore.
Address: 301 S. Pecos Suite D, Henderson, NV 89074
Plasmic Transition Process. Ltd.
We wish them GOD Speed as this technology is more critical now than it ever was...
They now have the will,experience, knowledge, information and most importantly
THEY HAVE Protected it (and you). Their pending patents and willingness to share will make this
Technology a reality for all mankind.
Their research has gone a very long way past the base technology Joe Papp tried to provide.
We Recommend that anyone who wishes to continue with their dream of using this engine
do so by contacting the following:
CONTACT Information
PLASMERG IS DEAD ---> Recommended
HOME
1
CoffeeCup - HTML Editor - Web Design Software
For the best in Patent software to help your cause try this:
Help Defeat Breast Cancer:
For complete SCAM and 30 plus years of SUCH information
go to: www.rohnerEngineering.com
FOR HISTORICAL INFORMATION
www.pappinternational.com
Sorry no individual Motor sales at this time.
THEIR COMPANY CONTACT:
Licenses are being administered by Control Systems Consulting. NOW..
Plasmic Transition Process.
Sorry no individual Motor sales at this time.
TILL THEN --- You will have to buy them from overseas vendors.
That should make OUR president, and elected officials, happy!
(THE US GOVERNMENT KILLS A US TECHNOLOGY AND FORCES IT OFFSHORE>!)
Think this is a "RIP OFF" call your congressman or senator and "BITCH". The US GOVERNMENT is
cheating our Investors and keeping this technology from you... SORRY. BUT it may be 2015.
BEFORE ANYONE IN THE USA CAN License the Plasmic Transition Process technology.
IF YOU ARE IN THE USA..
Too Bad -->
the engine can not, at this time, be made available in the USA..
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
To Manufacture Your Own Engines or OEM Products AND you are OUTSIDE the USA
Contact: Sandy at "Control Systems Consulting" 702-448-3406
Address: 301 S. Pecos Suite D, Henderson, NV 89074
Licenses are being administered by them. NOW.. By special Investor Order and Support.
2
Please do not confuse our advanced process motor with the so called " Pulsed Plasma Motor ". There is no such thing. It is a "marketing" name used by one company without any
patent, using stolen hardware, IP and information, to raise money by making it sound "Magic". Anyone who understands plasma could tell you this. Plasma is Created, expands
and returns to the "steady" gaseous state for the next cycle to rebuild. No Pulse needed.
also--Inteligentry Inc., the company, division or personnel, is NOT affiliated with Clean Energy Inc. (CEI) OR Robert Rohner OR Dr Mike Girouard OR Heinz Klosterman OR Unity International OR Rohner
Group, llc OR or any such other SCAM or Fraud, in any way. Nor do we wish to be, in any way, for known reasons. You all know why.
Note: we are not asking, raising or charging monies to rebuild old motors (based on stolen IP and hardware) to line our pockets. It is our aim to create the least expensive way for a manufacturer to get into production with, or
use, our " "patent pending" technologies and become productive in it's future development. We want to share the wealth not be greedy. Mankind has a greater need to us than just money.
We want our engines to be inexpensive, used and our licensees to be successful!!!
==================================================================================
Disclaimers: Notice:
3
1
set forth herein.
www.plasmerg.com
following location:
Russell Castillo
SEC IT Specialist
Exhibit 8
LICENSE
LICENSE
Plasmic Transition Process, LTD.
CONSULTING
Welcome to the Evolution of Power!
http://plasmictransitionprocess.com/[1/8/2015 2:16:49 PM]
Click Below to see what we do, have done and the future!
The purpose of the new corporation is to "leave no man behind" from the onslaught of the FBI/SEC raid and closure of
Inteligentry AND To carry forward the dreams of the GOOD investors and employees, finish the planet saving work and
investigate the technologies past this "Tip of the Iceberg".
IF you are a member of our new Corporation then please join us in our "PRIVATE" Face Book Group "Plasmic
Transition Process Phoenix" (PTP Phoenix) Group. This is our "PRIVATE" information and Corporate News group, so ask
for entry, via Facebook. Or Click above link... (Open ONLY to PTP Members!)
The ex Inteligentry Investors, and some ex Inteligentry employees have joined together and created a new closed
corporation to be made up mostly of the now, ex Inteligentry people. All valid Inteligentry investors that wished to join were
reapportioned to a proper stock position as befits their Inteligentry investment. Stock was allocated, assigned and provided
at the first meeting January 25, 2014.
All now ex Inteligentry Investors, and employees, in good standing, no broken contracts, collusion with the SEC, etc. did
claim a position in the new corporation. Those that did NOT respond were considered as "refusing" and have lost their
investment.
============================================================================
No intake. No exhaust. NO POLLUTION!!!
Plasmic Transition technology. Uses high powered plasma expansion, the PTP Engine is a direct replacement for
internal combustion engines AND .. Many Electric Motors, as well. An "Evolving Alternate Energy form",
leaving the new corporation to study and develop alternative and green energy other forms, as well.
leader in the Plasmic Transition technology. It is NOW "LOGICALLY", the extension to Inteligentry, while
completed and provided to help the world. With this bank of IP and experience it remains the world
EX employees that do believe the development of the Plasmic Transition Process needs to be
embodies a majority of EX Inteligentry investors and
Plasmic Transition Process, Ltd. is a "Research & Design" Corporation.
The Engineering, Development and International "Consulting" company
that has the "EXPERT's", holds the modern Plasmic Transition IP and
evaluates and researches Alternate Energy "Associated Technologies"
Our mission is to make ANY "PLANET SAVING" new GREEN Energy technology
available to all manufacturers, into the world and in use, as quickly as possible.
Providing a more livable world for our kids and US. Updated -- 01/01/2015.
NEWS
NE
EWS
Plasmic Transition Process, Ltd.
HOME
HO
OME
Plasmic Transition Process Technology HOME Page
CONTACT
CONTACT
1
New controller boards, upgrades and fixes for the units that Inteligentry made and copyrighted, have been redesigned
to not infringe the Inteligentry copyright. With the majority of "fixes", needed, now on board, are in final stages of
Development and testing. These should be ready for our off shore development groups to obtain from the "Consulting
Company" so they can start their own engines and develop products etc. Consultations with one country have them already
doing their final tests.
The consulting company is a held "company" that will, over time, be bought out. The "Consulting Company" is in existence
NOW and will be the primary element until redirection is pulled into the Corporation as decided by stockholder vote on Board
recommendation.
It is clear that the SEC has no respect for the Inteligentry Investors and ex employees, their Investments of money and
time or dreams. So hopefully, considering the technology is available from the ex employees plus that which is "open" the
As of April 15 2014 all of John Rohner's EX pending patents are being re written and filed or started in
whatever country, as the property of Plasmic Transition Process, Ltd. or the Masters, under various names.
As most of you know the people, we all know who, that hired as many as 3 patent lawyers to oppose the Rohner patent
and helped the SEC. PLUS the SEC's "Money freeze" killed the USA patent filing.
PLUS, the Court has ordered that all "Plasma" Type systems are FRAUD in the USA, including the competitions, so.
Some Big News:
The new Corporation was initialized with a Stock allocation of 75,000 shares, 25% set aside for growth and has
been set up for the now ex Inteligentry Investors (screwed out of their investment by the SEC) together with the ex
employees of Inteligentry (screwed out of their jobs by the SEC action) and will initially be a "parent" that has a
"Engineering Consulting Company" that will handle new control engineering consulting, and "licensing" to administer
licenses of the NON USA Intellectual Properties, Copyrights and Patents (active, in process or pending) held by the
corporation in partnership with the funding founders, employees and others throughout the world. The parent will administer,
per legal actions, all IP, patent, libel or copyright litigation and collections thereof.
2
AS OF JAN 2, 2015.
If you wish to help, or join, in this new "holding" and "Research and Development" entity feel free to contact
Sandy per the Contact page at www.plasmictransitionprocess.com for details. Control and operation will be by
those "elected" or "hired" to do same. Management is being "recruited"
All Inteligentry Investment loans are void. Those investors that swapped IP for their "investment" are
promised no legal action, per their agreement, against them for using it. The investment is null and as such an
IRS loss against your income.
Remaining Inteligentry Investors = 1- John Rohner.
"Original" Inteligentry Investors as of April 1, 2013, including employees and "Founding Specials", (some not
known to Tana so not reported by her to the SEC) ~ 153
"Original" Investors removed for disciplinary reasons per Special Rule (Breech of Contract), already stole the
technology for themselves or just "opting out" ~ 53
The new corp wants only those interested in developing and growing alternative energies.
"Smart" Investors giving up Inteligentry Stock, as a IRS Investment loss per the SEC/FBI forcing it out of
business and thus worthless, The SEC "Victims", and now moving to their New Corporation ~ 100
Current Inteligentry EX Investor and EX Employee Statistics:
========================================================================================
So the big news is the Inteligentry Technology is back in development and could now get to market in as little as 16 or 20
months.
John Rohner will not be a part of the corporation, per the current SEC orders. The SEC is having a VERY hard time
proving anything is a fact or proving any allegation. Thus their case is riddled with their FRAUD.
At the first meeting John Rohner provided a news overview of the latest actions of the SEC in trying to screw all investors
and pass everything on to Girouard (money) and Tana Kane and Dan (technology) and the actions taken my "Dear Old Tana"
to take everyone's investment.
Rohner also advised that he has published, as accepted by the IRS, a document so all Investors can "write off" their
investment as a "loss" on their 2013 taxes as an adjustment to Income. Seems like the IRS does not understand why the
SEC/DOJ would cripple and Kill a viable business that was about to make the world a better place and them big taxes,
either. Contact John if you need a copy.
technology can be grown and actually get a chance to help the world.
Since the USPTO failed to provide a Trademark to Rohner, a good thing for us, the company name now states that
trademark and copyrights it as the companies property.
Membership in this new company is open to all Inteligentry investors in good standing and other interested parties per
the Major Investors "Screening" board. Assignment of specific stock allocations will be specified and voted on at the first
meeting.
If the ex investor "screening" shows an individual has done anything that tarnished Inteligentry, or breached any contract,
they will not be allowed to join and must wait for the SEC to "reward" or simply write it off or be prepared for whatever legal
action that "Inteligentry" may bring for you to pay. The screeners do reserve the right to refuse anyone they feel it is not
worth having someone that is not trustworthy, a partner or just a troll in the company of those that do wish success. We all
know some of these. Inteligentry investors will "trade" their investment in Inteligentry for this new company. Keep in mind if
you had a block of 10 that will now be a block of N, the multiplier voted in and translate to more shares in the new
corporation.
There has been a set aside of 30% for use to "entice" management, employees or others. The First meeting will also vote
in the Directors and officers, investors meeting every 6 months etc.
3
Important Information for our foreign masters. The Technical "GURUs" from Plasmic Transition Process have formed
a new consulting company, headed by Sandy , whom you all know and trust. She has been given permission to "consult"
with the foreign masters to help them get their In Country Research groups, and some foreign Universities and colleges,
going so they can continue the work done here in the US, and are now "frozen". In this way, the masters will not lose their
License fees and can continue from the training they got, already. This company has been given rights to use all of our
pending patents, Copyrights, or IP as needed and to "license" any foreign manufacturers that they may wish to join. Sandy
is the point person and primary contact..
NO ONE ELSE has this permission and Plasmic Transition Process, or a master, will take appropriate legal actions to stop
any entity NOT ALLOWED or LICENSED to use this IP, drawings, copyrights, patent(s),filed & Pending, in whatever form
and information. This company is at the moment a Private "for profit", of the Investors, company. As such, will retain the US
Master, later, probably next spring, the US licensees can apply the Masters information and get back to work.
So anyone outside the US that wishes to be a country master or use this technology should contact Sandy . Again, she
is the only contact for this and she is also the ONLY contact about what is happening for the Investors group. Plasmic
Transition Process in now a private closed company. So any CURRENT Inteligentry "investor" should feel free to check this
site for info, or contact Sandy .
========================================================================================
IMPORTANT NOTICE: Plasmic Transition Process Ltd., Has been given "Exclusive Rights" to the EX
Inteligentry IP but will not be NOT making engines, in or outside the US, - BUT - Plasmic Transition Process Ltd.
will be protecting all the License contracts, Copyrights and IP, written or verbal or any other kind, that it has been
licensed to have rights to. All Masters licenses have their rights to the IP etc and may use it as they wish. All new
Masters licenses are available - see contact page.
THESE LICENSES are NOW considered an "ASSET" to the Investors. Anyone that has, or will, without written
permission, broken any contract or agreement, or infringed, our Technology or filed Patents Pending or IP, will see their
day in court.
========================================================================================
"The current NSA scandal had you on their radar for about to release "disruptive" technology."
"It's not about terrorism but with crowd-control everybody."
"Good to see you moving forward and counter sue their ass off with a huge claim attached."
Guess NOW WE KNOW EVEN MORE ABOUT who is TRYING to sink us, as some thought.
The perils of becoming THE WORLDS BEST" EXPERT in a NEW Technology to HELP the world.
THIS FROM A FRIEND that knows.
========================================================================================
This website, Plasmic Transition Process , will report on developments as we create better and more
efficient products. There will never be a "Public" video from this development site, that is a lesson now well learned. We
work exclusively for our investors, clients and licensees and NOT the general public. Inteligentry was "Open" and look what
it got..
Guess that is The perils of becoming THE WORLDS "EXPERT" in a NEW Technology to HELP the world..
========================================================================================
and Corporate group. "PRIVATE" so Open Only to PTP Investors.
The face book page below will be the ongoing update to investor portal. ALL PTP Investors, MAY Join the Face Book
Group " Plasmic Transition Process Phoenix". .. PTP Phoenix Group. This is the "PRIVATE" Investors information
4
==================================================================================
Disclaimers:
Notice: Please see Contact page for the Scum, Scammers, wannabee's, crooks and others we do not want to be associated with.
--
Site Map
========================================================================================
========================================================================================
5
1
set forth herein.
www.plasmerg.com
following location:
Russell Castillo
SEC IT Specialist
UNITED STATES OF AMERICA
SECURITIES AND EXCHANGE COMMISSION
ATTESTATION
I HEREBY AT7EST
that:
A diligent search has this day been made of the records and files of this
Commission and the records and files do not disclose that any registration
statements have been received in this Commission, under the name of Plasmic
Transition Process, Ltd., pursuant to the provisions of any of the Acts
administered by the Commission.
RQ¿OHLQWKLV&RPPLVVLRQ
05/08/2015
BARBARA
VOLPE
Digitally signed by BARBARA VOLPE
DN: c=US, o=U.S. Government, ou=Securities
and Exchange Commission, cn=BARBARA
VOLPE,
0.9.2342.19200300.100.1.1=50001002882173
Date: 2015.05.08 11:21:26 -04'00'
Date
Barbara J. Volpe, Management and Program Analyst
It is hereby certified that the Secretary of the U.S. Securities and
Exchange Commission, Washington, DC, which Commission
was created by the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.) is official custodian of the records and files of said
Commission and was such official custodian at the time of executing the above attestation, and that he/she, and persons holding the positions of Deputy Secretary, Assistant Director,
Records Officer, Branch Chief of Records Management, and the
Program Analyst for the Records Officer, or anyone of them, are
authorized to execute the above attestation.
)RUWKH&RPPLVVLRQ
6HFUHWDU\
6(&

293 - Inteligentry Operating Statement May 2011 to March 3 2013

Transcription

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