The Trial
Carol Chambers, Superbike Racing Inc Financial DirectorFormer Mayor of Homerville
On the witness stand Carol perjured herself claiming she had no involvement in the decision making in the business. She was listed as financial director she handled all the finances in the business. Carol offered very little testimony in court she was not cross-examined by the prosecution. They were exempt from testimony andI was left to carry the burden for their deceit. This had been pre-planned between the defense and prosecution.
Thomas Chambers, Superbike Racing Inc. Legal Directorand Lawyer, Homerville
Tom Chambers was never called as a witness. After the trial Tom and Carol distanced themselves from me, It was like I never knew them. Our business and personal relationship was at the time very close. We dined in each others homes, we went on trips together and we explored other business ventures. A relationship like this does not normaly terminate so abruptly, but I later learned they were very manipulative people and they had done this previously to ruin the forestry business.
J. Converse Bright, Defense Attorney
Converse Bright was paid $50,000 to defend me against the charges filed by the federal prosecution. Two individuals were brought from New York to Valdosta who could have testified in court that had extensive dealings on my behalf with DOT in Washington DC and who could prove that I was not guilty of the offences that I was charged with. Converse Bright did not use these witnesses in court. Converse Bright had in his possession the evidence to prove that the four bikes complied with DOT/EPA this evidence was not produced in court.
Jim Crane, Prosecuting Attorney
A vicious and corrupt prosecutor who committed perjury to obtain a conviction.
Luke Loy and Clint Lindsay, Department Of Transport
Due to the corruption and lack of support from Luke Loy and Clint Lindsey within NHTSA, Superbike Racing Inc. was unable to receive certification for any of the bikes we imported. Superbike Racing contacted each individual to inform them that we would have to send their bikes back and they would have to find another source.
Judge Hugh Lawson Senior Judge, Middle District of Georgia
Before any merchandise can be exported the seller is required by law to produce an AIR WAY BILL. This is a document stating what the product is, a copy is accompanied with the goods, the clearing agent gets a copy, the broker gets a copy and customs gets a copy. So there is no way any goods can be smuggled into a country without the knowledge of the US
Government. Without this document the goods cannot leave their country of origin. My defense attorney never offered this important evidence to the jury. This will give you some idea of his lack of competence as a defense attorney, He colluded with the prosecution, and he assisted the prosecution to obtain a conviction. When the bikes arrived they went directly into US Customs for clearance which our broker prepared the relevant documentation.
Ducati and MV Agusta produce motorcycles that are world compliant in emissions and legal in every country in the world, their emission compliance meets every country’s emission laws including the US in fact the manufacturer's standards are higher than the US requirements.
For vehicles to comply with DOT the US requirements headlamps are to be on at all times, they cannot be switched off. The Speedo must read MPH - on some bikes these were re-programmable from KPH to MPH. Reflectors are required on mudguards and rear number plates. On the Ducati and MV exhaust systems are stamped “THIS VEHICLE CONFORMS TO ALL FEDERAL NOISE AND EMISSION LAWS”.
When we decided to be the importer for Dymag wheels the four directors went to England to negotiate with the manufacturer and the four directors signed the agreement. When Dymag approached us one year later and asked us to become shareholders and invest money in their company it was a unanimous decision.
Applying to become a Registered Importer with NHTSA was a unanimous decision. I was singled out for prosecution for two reasons, I was not an American Citizen and I had terminated the RI license due to lack of cooperation and interest in NHTSA to approve the documents.
My attorney assured me that I would be found not guilty.Carol was the only director to be called as a witness; Tom was nowhere to be seen. Carol testified that she occasionally went to the company to do payroll and banking. This was further from the truth as she heavily involved. She was not cross examined by the defense or prosecution. I realized after her testimony that I was going to be found guilty it was a stitch up. My attorney assured me that I would be found not guilty. A jury was selected and we arrived in court but my defense attorney had not brought the witnesses I requested. The federal judge looked at the indictment and he told the federal prosecutor Mr. Jim crane that the defendant could not be convicted or tried on the federal indictment the prosecution prepared their were legal mistakes . Also he said, the statute has expired so legally I could not be tried. But to my amazement the defense attorney and the prosecuting attorney went into a private room in the courthouse and rewrote the indictment so that I could be prosecuted. My attorney should have declared a mistrial and told the court that I could not be tried on the entitlement as it stood and that as the statute expired the case is closed, but that didn't happen.
The prosecutor intimidated them to testify on the premise that they would receive the certification.The defense witnesses testified that I sold the motorcycles and that they thought they were going to get approval for use on the US highway. We modified and prepared all legal documents to NHTSA requirements and submitted the documentation for approval. We informed everyone in writing that we were an official Registered Importer with NHTSA, and placed on the NHTSA list as an official Authorized Importer. Two of the witnesses DJ Thornstenson and Ken West we had personal relationships with and we socialized and dined. The prosecutor intimidated them to testify on the premise that they would receive the certification.
We took D J Thornstenson to Italy all expenses paid, hotel, air-fares, food, she had never been out of the US or flown on plane before.
I spoke to Phil Thornstenson, D.J's husband. he told me that the FBI visited their home in California many times intimidating his wife to testify against me in federal court, he said she was very nervous and was reluctant to do this, but under pressure she did.
In Atlanta there is an 'International Free Trade Zone' - goods entering the US requiring additional documentation for goods are allowed to enter this facility whilst documents can be approved. This happens frequently because goods arrive from other countries requiring certification. We asked Clint Lindsey and Luke Loy to allow us to send the bikes to IFTZ whilst the documents could be re-stamped, but they both refused.
After the trial all the witnesses received the certification to register the motorcycles for highway use.
When entering into a contractual business relationship authorized and given official approval from the Federal Authorities to act as an agent to legally import and convert vehicles. One would assume that if one party required assistance the other party would oblige, this was not the case in fact the Federal Government BLATENTLY went out of their way not to offer any help advice or assistance. Despite making three trips to Washing DC begging and pleading for help and assistance I was basically told to F**K OFF, I felt no matter how much effort and time I invested in the relationship it was a complete waste of time.
To my amazement my crooked attorney, with the help of the federal prosecutor, re-wrote the indictment.I was indicted on a charge that the court ruled was not legal in the Federal Court and I could not be prosecuted in its current form. The only option was to call for a mistrial, Judge Lawson asked the jury to retire, he then gave a direction to the Federal prosecutor and my defense attorney to go in a private room and come up with some agreement. To my amazement my crooked attorney, with the help of the federal prosecutor, re-wrote the indictment. This is a blatant travesty of the judicial proceedings. Legally by law I should have been acquitted if the prosecutor wanted to proceed with the case he should have wrote a new indictment that is the DOJ law
Consequently I was found guilty of smuggling, wire fraud. Smuggling is bringing contraband or goods across the border without the government having the knowledge that the goods have entered the country, but this is not the case. I was found guilty of smuggling and I was sentenced to 28 months in a federal penitentiary.
After I received the guilty verdict I went back to Converse Bright’s office to complain about his lack of competent legal representation, he said he was very sorry that he did not do a better job and that in hindsight he would have represented me much more aggressively and should have called key witnesses to my defense - there were at least four key witnesses. During the trial I tried to tell him that evidence of the prosecution was fabricated and lies, he told me to shut up quite aggressively.
After the trial Converse Bright wanted another $10,000 to file an appeal. I told him that he would never represent me again and I would look for a competent lawyer.
I went into the Valdosta courthouse and paid $500 to lodge my appeal. It is recorded, but in limbo.
Bearing in mind that the corporation had four directors, I was the only one singled out for prosecution. I had no access to the corporation funds or bank account. Carol Chambers was responsible for all finances.
All the proceeds from the sale of motorcycles and parts and revenue from the car business she had full control over. I did not have access to the business bank accounts and so I could not draw any money out. I didn't receive any funds from the direct sale of anything. I received a weekly salary, but there were also lots of times I did not. I did not receive any financial gain out of these motorcycles as it was the business that received the money under the control of Carol Chambers.
My salary was $1000.00 per month and Andrea held a managerial position outside the company. Andrea’s pay was approximately $3.000 per month, so you can see there was no incentive for me to do what I did for monetary gain. In fact there was a period of 2 years when I did not receive a salary. I certainly did not do this for financial gain as I stated I never received any of the proceeds from the sales of bikes or revenue earned from the two corporations, 8 years on I have 3 companies that have been trading for 5 years which were started without any financing, I work 70 hours per week my salary is $1500.00 per month.
Having already experienced the inhumane and torturous treatment whilst being incarcerated in a federal prison Facility, I was determined not to be incarcerated ever again. I pleaded not guilty to the crimes I was charged with. I AM INNOCENT. The federal prosecutor told me that I was looking at 30 years imprisonment, or I could make a plea-bargain and get a lesser sentence. I told him to go to hell.
I have never committed a criminal offence anywhere in the world. My family has never committed criminal offence. My Relatives in Italy have never committed a criminal offence. I have cousins in the Italian police force. My grandfather was a sergeant in the UK police force in Leeds. We are a family that is law-abiding and respectful of the law.
I received a notification from the federal authorities that I had to attend the Federal Correctional Institution in Peking, Illinois within three days. I decided that there was no way I was going to Endure that type of torture and treatment again when I had not committed a crime. I concluded the best thing for me to do was to get out of America as fast as possible.
Evidence
14/05/02 Sample of paperwork submitted together with Photos of Conversion work that was completed
01/08/02 Documentary evidence that all motorcycles were imported correctly and that procedures were followed
12/08/02 Letter to NHTSA from Carol Chambers corporate secretary SBI (Superbike Racing Inc) RE Benelli USA
17/09/02 Letter sent Fedex from Chambers and Rice Law firm Carol Chambers corporate secretary to David Coleman NHTSA
16/10/02 Letter from David Coleman NHTSA regarding labels and certification
18/10/02 Letter sent from Lorena Stephens NHTSA missing customs entry number
01/09/02 Labels
05/09/02 Letter from David Coleman permenant residence Benelli USA
11/09/02 Enquiry documents
01/10/02 Letter to Mary Green EPA testing
26/11/02 Letter to NHTSA requesting visit
26/04/03 Letter confirmation that SBR is not EPA
26/04/03 Application to become ICI
26/04/03 Letter sent to customers regarding compliance
26/04/03 Letter sent from NHTSA motorcycles in compliance nhtsa never signed off on any of the vehicles despite confirmation in compliance
29/07/03 RI newsletter to all RI's from Vincent Di Leonardi
07/08/03 Letter to Clint Lindsey notifying SBR sub contracted another RI to file documents in hope that the vehicle would be certified, this was a futile effort
07/08/03 NHTSA conveniently lost 14 documents in their possesion regarding certification forcing SBR to apply for extension SBR were required to refile the 14 documents, another futile effort
20/08/03 Visit to Washington DC asking for help and assistance, I was told to piss off every trip to DC was futile, Lindsey and Loy had no intention to support SBR as an RI
25/09/03 Petition for windscreen Ducati
23/10/03 Petition for windscreen MV Agusta
13/10/03 Timeline of events to date
07/10/03 Engaged attorney to request action from NHTSA
02/01/04 Letter sent to customers not receiving certification even though promised by NHTSA
21/01/04 Email from Vince Di Leonardi at NHTSA asking for an amendment to be made to a label so that a vehicle can be released. This is one of the few communications we had from NHTSA, but despite sending them revised documents no vehicle was ever released
02/12/04 Letter sent from Carol Chambers outlining the fiasco with NHTSA
05/02/06 My attorney Converse Bright refused to show the Judge
04/04/06 Letter from Dwight S. Smith who was the Director of EPA Compliance explaining that FBI agents had prevented him authorising my EPA application in 2004 - which was prior to me being convicted of any crime. This proves that I was being targeted by the FBI for a conviction
01/09/06 Notice of Appeal
06/11/06 Withdraw as Counsel
20/12/06 Court of Appeals
22/01/07 Court of Appeals
25/01/07 Findings of Fact
THIS IS A FRACTION OF THE EVIDENCE WE WERE ABLE KEEP IN OUR POSSESSION AFTER LEAVING THE USA