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Written by: Wendy Dauberman
Email: hnortel10@yahoo.com
Phone: 570-888-0617
In 2003, after 10 years of continuous custody battle using the Courts to chastise Crist Dauberman, Jr. (“JR”), he went to Social Services and reported his X-wife’s mental abuse of his children. Social Services contacted the X-wife; her response was to go to Spotsylvania County Police and state that she had not seen Crist Dauberman Sr. (“SR”), since 1993. She failed to tell them that she had been separated from Jr., since that time and had no way of knowing where Sr. was living. Spotsylvania County initiated an investigation. Spotsylvania Investigator Acors contacted Claude Dauberman (SR’s brother), who said he had not “seen his brother since 1994 … not heard from him since 1995.” A missing person’s report was issued based on Claude’s statements. (Claude later testified in Court that the reason he did not report his brother missing before 2003 was because “he had no reason to think anything was wrong.”)
(In 1993, Wendy Dauberman left her husband and went to Texas (she had been SR’s Representative Payee for Social Security (“SSA”) – SR had been declared “incompetent to handle his finances” by SSA; VA pension was direct deposited into SR’s bank account; after Wendy left, SR took JR to SSA Office in Fredericksburg, VA and requested that JR be named as his “Representative Payee.”) Wendy and SR later reconciled and Wendy returned to VA with SR.
In 2004, Office of the Inspector General Agents Paul Powis and James O’Neill became involved with the investigation because SR was 100% disabled for P.T.S.D. and was receiving VA benefits and Social Security. Spotsylvania County Investigator Robert Acors questioned Wendy Dauberman and a search was done of the Dauberman residence, including ground penetrating holes drilled in finished basement floor and use of cadaver dogs. Nothing was found. Shortly thereafter, Wendy came home from work in Washington, DC, to find her house lit up like a Christmas tree and the front yard full of Government vehicles; numerous persons were inside her house conducting another “search” and people were carrying boxes and bags of items out of the house. Wendy filed a complaint about Paul Powis to Office of Inspector General and notified various other agencies regarding Powis’ harassment.
In 2006, Crist Dauberman, Jr., Wendy Dauberman, Heather Dauberman and Craig Dauberman received subpoenas to appear in Richmond VA before the Grand Jury WITH an attorney. Wendy Dauberman retained Eric Yaffe, Gray Plant Mooty, to respond to subpoanas. Throughout 2006, Assistant U.S. Attorney (AUSA) Sara (Flannery) Chase response to Yaffe was delayed and sporadic (Yaffe later issued a statement that her lack of candor and response was very unprofessional).
Agents threatened to stop SR’s VA benefits. (Wendy Dauberman informed her husband that the Agents were threatening to STOP his benefits; he said he was “classified as 100% permanently disabled” and that they could not stop his benefits.) VA benefits were stopped in January 2004. When Agents were told what SR had said, Powis said “Social Security benefits are also going to be stopped.” Agents continued contacting persons and informing them they were “looking into the ‘disappearance’ of Sr.’” They informed person(s) that “no one has seen SR since 1993,” even though they had information from Sr’s former “Service Representative” Rod Brady that in 2002, he had been contacted by SR in Arizona and received a postcard from him. (Agent O’Neill wrote up Investigative Reports about his conversations with Brady and that Brady had returned his phone call(s) regarding the post card. Powis later stated
that “Brady never returned O’Neill’s phone calls” (this was untrue).)
In February 2007, Powis and O’Neill appeared before the Grand Jury in Richmond seeking an “indictment.” The indictment was issued on Agent Powis’ testimony that SR “had not been seen since 1993.” Powis testified that “the only funds going into SR’s bank account were from VA and Social Security.” (This was another false statement, which Powis knew was untrue; Yaffe had provided information to the Agents that Wendy’s paycheck was ‘direct deposited’ into SR’s account.) O’Neill testified that his investigation had unturned a visit to the VA Medical Center in Richmond, VA, on July 26, 1998, wherein SR “checked in at 12:00 … and checked out at 12:26.”
The trial was set for May 7–9, 2007. Because everything was in both Wendy and Crist Dauberman, Sr’s name, Wendy Dauberman could not afford a trial attorney; Christopher Booberg was Court appointed to represent Wendy Dauberman; Public Defender Paul Gill was assigned as Lead Attorney for the combined trial, and to represent Crist Dauberman, JR; William Sooy was appointed to represent Craig Dauberman (who was acquitted of all charges).
The defense was presented with a 6 inch binder of exculpatory documents, including direct deposit payroll information showing Wendy’s payroll information into SR’s account, and contacts of family members who had chosen not to have any contact with the Dauberman family for 20-30 years. This notebook was ignored by the defense attorneys. It was again brought up that SR had specifically stated that “the only person who can ‘charge’ you with misuse of MY money, is ME.” Defense attorneys stated that Chase said she was NOT pursuing the ‘disappearance’ claim; that the trial was based on “fraud” (stealing Government funds). Defense strategy was that Wendy Dauberman would take the stand to rebuke the charges and answer to the Government’s claims. (This never happened. At the close of the trial proceedings during the 2nd day, May 8, 2007, Booberg stated “Wendy will not be taking the stand.” Booberg refused to call and/or allow Wendy to take the stand during the trial.)
On May 4, 2007, Agents Powis and O’Neill approached Defense Witnesses Kathy Kern and Frank Kern, (who had notified the authorities AFTER they learned that this case was going to trial and specifically told them that they had seen SR at his home in 1998 and 2004) and threatened them and bribed them not to appear in Court on the 7th.
May 2007, Case 3:07CR040 was heard before Judge Henry Hudson in U.S. District Court for Eastern District of VA, Richmond Division. The indictment “charged” the defendants with “conspiracy,” “fraud,” and “theft of Government funds.” AUSA Chase tried them based on a capital offense inference that SR had “disappeared in 1993,” even though the only person stating she had not seen him since 1993 was the X-wife.
The trial started on May 7, 2007. Jury panel was assembled. Hilliard Love, Jr., was a disabled veteran who was dismissed because he received disability benefits; he was placed back on the jury panel. Although the Judge ordered ALL witnesses to be removed from the Courtroom, Agent Powis remained in the Courtroom sitting next to AUSA Chase, at the Prosecution table. The government called witnesses from the VA and Social Security, including fingerprint and handwriting experts. The jury was misled throughout the trial and AUSA Chase continuously misrepresented SR as being in “custodial care” (he wasn’t) and that the ONLY funds going into SR’s account were from VA and SSA; Agent Powis took stand and not only stated same fact regarding SR’s deposits, but emphatically “denied” going to Kern’s and/or threatening them; he said “No, I did not. It wasn’t me.” Later, Kathy and Frank Kern took the stand and identified Paul Powis sitting next to AUSA Chase and O’Neill sitting in back of the Courtroom. (Powis’ perjury has been REMOVED from the trial transcript.)
Judge Hudson allowed JR’s x-wife to testify to 13 year old “hearsay” in which she changed her original statements given to the Investigators 3-4 years earlier and the date(s) she had last seen SR. Judge Hudson “personally” instructed the jurors and made numerous prejudicial comments throughout the trial. Based on Hudson’s prejudicial comments to the jurors, the Defendants who were never allowed to present a defense and/or testify on their own behalf, were convicted. AUSA Chase submitted a Motion recommending 90-121 months, instead of the recommended sentence guideline of 27-33 months. Judge Hudson sentenced them above sentence guidelines based on “Obstruction of Justice” which was never formally charged and, therefore, never confronted during the trial. Wendy Dauberman was sentenced to 48 months and 3 years probation; Crist Dauberman JR was sentenced to 40 months and 3 years probation.
Lauren Dauberman, JR’s 14 year old daughter, had taken the stand during the trial, even though she told numerous person(s) that she had lied and did not want to take the stand. Immediately after she was sworn in, she completely broke down on the stand; AUSA Chase continued to badger her with questions; finally, Judge Hudson interrupted Chase and “excused” Lauren and told her she was “free to leave.” (No one else questioned Lauren while she was on the stand.) (Ironically, the Trial Transcript has omitted her breakdown and Judge Hudson’s interruption, etc.; it even states that she was cross-examined by PAUL GILL. It includes several pages of Hudson covering “child witness protection laws” … This NEVER happened.)
Court appointed Attorney Christopher Booberg and Public Defender Paul Gill were fired for ineffective counsel; new attorneys, Solomon and Adrienne Wisenberg, Wisenberg and Wisenberg, and Gray Broughton were hired to represent JR at Sentence Hearing; Emily Williams, Pro Bono, Covington & Burling, was reviewing case for Wendy Dauberman. Trial transcript was ordered in May 2007, shortly after conviction. Trial transcript was not ready until 82 days AFTER the trial. (At Paul Gill’s request, he was allowed to enter a “Motion of Acquittal” for Crist Dauberman JR on July 9, 2007, even he stated “it would most likely be ‘DENIED’.”)
Defendant Wendy Dauberman received a copy of the Trial Transcript in November 2007. Upon review, she noted changed testimony (omissions and statements never testified to during trial) and Exhibit JR-2 was listed as a “video tape of a search” (it was later determined that this was a Government Exhibit of the Government’s search done in 2005). The ONLY videotape entered during the entire trial was during Claude Dauberman’s testimony, when Paul Gill questioned him about a “fight” he had with his brother at a family reunion in 1994; the video was clearly marked “1994″ and showed Claude sitting in a recliner apologizing to the family for the fight he had with SR at the family reunion; Gill entered this as Defense Exhibit JR-2.
On November 28, 2007, Wendy informed her Sentence Hearing Attorney, Claire Cardwell, that the trial transcript had numerous errors, including Defense JR-2 Exhibit had been switched. She confronted Paul Gill; he stated “JR-2 was a ‘search video’. (Defendants had no way of proving the “switch” while they were incarcerated. It was not until 2011, after their sentences had been served that they received the documents they needed from Wisenberg and Broughton, which proved that the TRIAL TRANSCRIPT had been changed, including Exhibit(s). On August 10 and 15, 2007, Pam Bishop, Paralegal, “… as directed by Paul Gill …” forwarded exhibits and documents to newly retained Wisenberg and Broughton. Defense Exhibit JR-2 was CLEARLY marked: “1991 Tax Return.” This completely was in opposition to what had been entered during trial, but ALSO conflicted with the Trial Transcript!
The Defendants constantly claimed their innocence and filed motions with the Court throughout their sentence. Scott Pickus was assigned to represent Wendy for her Appeal in January 2008. Wendy prepared charts of transcript discrepancies; she notified attorney(s) that trial transcript was not an accurate verbatim account of the trial and that Exhibit JR-2 had been switched. In February, Pickus sent a letter to Wendy stating after he reviewed documents, he would be in touch. He did not contact her again until AFTER Joint Appendix, based on faulty trial transcript, had been filed and AFTER she had filed a Complaint with the VA Bar Association because all attempts to reach him, including contact requesting Appeal Status with 4th Circuit, had been ignored. Appeal was denied.
Wendy Dauberman filed 2255 Motion to Vacate Sentence pending Appeal because Pickus failed to respond to ALL correspondence; 2255 Motion was assigned to Magistrate Judge Hannah Laucke, who issued Order stating “refile after Appeal” (2255 Motion was NOT adjudicated); Wendy filed 2255 Motion AFTER Appeal was denied; Judge Hudson not only tried to state Wendy had filed a “successive” Motion, but he retrieved the new 2255 Motion, even though Laucke had ordered the Gov’t to “respond within 60 days. Hudson has made continuous efforts to ensure that this case remains in District Court. His latest response has been to deny a “Certificate of Appealability” (COA) relating to the Motion 2255. AUSA Chase continues to submit false statements to the Court “… even if she did make deposits into SR’s account, … minimal …” (NOTE: As confirmed in Government Documents, Wendy Dauberman’s employment payroll amounted to MORE than $500,000.00 during the time frame 1993 through 2005. The Government fraud funds amounted to much less.) Booberg continues to submit Affidavits with false statements to the Court “… reviewed the PSI Report and found no notable discrepancies” (among other major misstatements, the PSI Report stated Wendy’s eyes were “BLACK” … they are in fact “blue”) and Cardwell submitted “addendum to the PSI Report” because Booberg “missed the deadline” (which proves Booberg’s Affidavit to the Court was inconsistent with the ‘truth’).
Defendants still state their innocence. The Court still is refusing to acknowledge that this case could NOT be brought to trial legally. There was no basis for indictment OR conviction.
We were threatened NOT to go to the media with “10 years in prison and $250,000 fine.” Yet, the Government smeared the indictment all over the local and Richmond paper. This truly is a case of double standards and gross violation of Constitutional Rights.
Case 3:07CR040, US District Ct-Eastern Dist. VA-Richmond (2007): There are documents to PROVE innocence, but Defendants were never given an opportunity to dispute misrepresented evidence. A representative payee is in charge of either current needs or “investing” in “future needs” … what better investment than Veteran’s HOME where he keeps his most treasured items and where he has always returned … UNTIL the Government stripped him of EVERYTHING. Where is the Justice in this case?
Name: Wendy Dauberman
Email: hnortel10@yahoo.com
Phone: 570-888-0617
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