In its motion, the government asserted that since his trial began on February 10, and continuing after the jury returned its verdicts on March 10, Ingersoll has been taking various steps to “cloud the title to property owned by his various entities and to put his property interests beyond the reach of the court.”
Based on the timing of the transfers, as well as the participants in the transactions, the government motion stated that “it appears that $teven Ingersoll is engaging in a course of conduct intended to put title to his assets into friendly hands to keep liens based on the anticipated restitution and costs of prosecution provision in the forthcoming judgment from attaching to those properties.”
However, in its response, Ingersoll's attorneys state the government's motion for a restraining order “presents an incomplete picture of the facts, fails to establish the lack of an adequate remedy at law required before resorting to equitable relief, and fails to satisfy the test for imposition of a preliminary injunction.”
Alleging that the government seeks to hold a “quasi-sentencing
hearing” on May 6, despite what the defense calls the “clear statutory scheme put in place by Congress governing the procedure of criminal sentencing”, Ingersoll's response requests that the government's motion be denied.
I'll leave the “governing law” cases cited by the defense in its rebuttal of the government's reliance on the “All Writs Act” to the legal crowd to chew over, and focus instead on the clinically insane claim that by selling off property for a buck, Ingersoll was actually working in the public's interest!
PEANUT REDUX: HARDSHIP EXEMPTION...OR A NEARLY-FREE RIDE?
|Chez Peanut, courtesy of Miss Fortune|
According to federal court records, Andrezjewski worked for Roy Bradley's Thunder Builders during the Bay City Academy renovation.
On March 26, the same day the quit claim deed for 111 N. Monroe was filed by Ingersoll, the IRS affidavit states that Andrezjewski went into the Bay County Treasurer’s office to request a "hardship exemption" from the $10,247.44 owed in back property taxes.
But that's not entirely correct—a check with the Bay County Treasurer's office this morning reveals that 'Peanut' Andrezjewski's one-year exemption only covers roughly $3,000 owed by Ingersoll for 2012, sticking Peanut with over $7,000 racked up by Ingersoll in successive years, not to mention the property taxes 'Peanut' will owe from this year!
While the hardship exemption requires Andrezjewski to pay approximately $250.00 per month over the next 12 months, and he's now legally holding the bag for Ingersoll's 2013 and 2014 tax debts, Ingersoll's attorneys still brazenly use 'Peanut' as proof that Ingersoll "was able to transfer the properties to new buyers who agreed to pay the back taxes. Society is better off when properties are owned by persons able to pay taxes and maintain land versus the county land bank, which is already overflowing with seized, unowned, and unwanted properties."
What the f**k?!
It's clear that while Andrezjewski is required to pay off Ingersoll's 2012 tax delinquency over the next 12 months, it's still unclear whether he has the assets or income required to prevent the property from returning to tax forfeiture foreclosure...again!
Admitting in its response that the five properties referenced
by the government in its March 31 motion had "no equity and were due to revert to the Bay County Treasurer due to unpaid property taxes", the defense asserts Ingersoll owns other, similar low-value properties in Bay City, which he can no longer maintain due to his "now-limited ability to earn a living following the prosecution and conviction".
A felony fraud conviction will do that, dontcha know?
It's just too damn bad!
However, official Bay City property records show that Ingersoll stopped paying property taxes when he was still flush—way back in January 2012 when he was still awash in literally millions in taxpayer-funded charter school management fees extracted from both the Grand Traverse and Bay City Academies—not to mention the proceeds of his notorious $3.5 million dollar, five-finger Grand Traverse Academy "loan"!
In addition, while the government did not include tax years 2012 and 2013 in its fraud investigation of $teven Ingersoll, his Smart Schools Management, Inc. official Department of Labor Form 5500 reports for 2012 and 2013 reveal that Ingersoll took over $423,000 in early 401K cash distributions during that two year period: $217,562 in 2012 and $205,556 in 2013.
Looks like despite having a healthy six-figure annual income, Ingersoll simply chose not to pay his bills...and let someone else pick up his tab.
The defense response focuses on Ingersoll's five low-value properties, curiously neglecting to address an even more interesting facet of this fraud fandango: the $250,000 line of credit "future advance mortgage" provided by to Ingersoll by his tax attorney, Jan Geht, and secured by several of Ingersoll's so-called "high-value" properties.
As I revealed on February 28, Geht provided Ingersoll with access to a $250,000 line of credit secured by seven of his client's most desirable Bay City properties just days before the start of Ingersoll's federal fraud trial—with Geht's representative officially registering the "future advance mortgage" with the Bay County Register of Deeds on February 10 as Ingersoll's jury was being selected.
The Perry House, located at 2230 Center Avenue in Bay City, is among the seven residential and commercial properties securing the collateral interest of Geht and his Traverse City-based law firm, Bowerman, Bowden, Ford, Clulo & Luyt, which funded the $250,000 mortgage.
Funny, that transaction didn't rate a mention in the defense response—guess it doesn't fit neatly into its "he's actually working in the public interest" bullshit narrative!
Hardship, my ass!