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Theodore S. Flier, Esq. State Bar No. 23734 Andrew Reed Flier, Esq. State Bar No. 137372 FLIER AND FLIER 15250 Ventura Blvd., Ste. 600 Sherman Oaks, California 91403 (818) 990-9500 Fax: (818) 990-1303 Attorney for Defendant LENNY DYKSTRA SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff,

13 vs. 14 LENNY DYKSTRA, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant.

) ) ) ) ) ) ) ) ) ) ) )

CASE No. PA070678 NOTICE OF MOTION AND MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ATTORNEY ANDREW REED FLIER DATE : March 5, 2012 TIME : 8:30 a.m. DEPT : G

TO THE DISTRICT ATTORNEY OF LOS ANGELES COUNTY AND/OR HIS REPRESENTATIVE DEPUTY DISTRICT ATTORNEY: ALEXANDER KARKANEN PLEASE TAKE NOTICE that on March 5, 2012, at 8:30 a.m., or as soon thereafter as the matter may be heard in Department G of the above-entitled court located in San Fernando, California, the defendant, LENNY DYKSTRA, will move this court for an order withdrawing and vacating his earlier plea of no contest to Counts 13, 15, 17 and 20 of the felony complaint. This motion is made on the grounds that Mr. Dykstra did not enter into his plea of no contest knowingly, intelligently, nor of his own free will. This motion is based on this notice of motion, the attached declaration of Andrew Reed Flier, the memorandum of 1 MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY

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points and authorities served and filed herewith, on the records on file in this action and on such oral and documentary evidence as may be presented at the hearing of this motion. Dated: February 23, 2012 FLIER AND FLIER A Law Corporation By: ANDREW REED FLIER, THEODORE S. FLIER Attorneys for Defendant LENNY DYKSTRA

2 MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY

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MEMORANDUM OF POINTS AND AUTHORITIES

I STATEMENT OF FACTS The defendant, Mr. Dykstra, was charged in the felony information with violating 20 counts of the Penal Code [Penal Code section(s) 664/487(d) - 5 counts; 532(a)(1) - 8 counts; 530.5(a) - 4 counts; 487(d)(1) - 3 counts], 3 counts of the Health and Safety Code [Health and Safety Code section(s) 11350(a) - 2 counts and 11377(a) - 1 count]; and 2 counts of the Business and Professions Code [Business and Professions Code section(s) 4060 and 4140]. The defendant, Mr. Dykstra, entered into a plea on this matter on October 19, 2011 to Counts 13, 15, and 17 and 20 for a maximum lid of four years. Mr. Dykstra served almost six months of actual custodial time on this case. Further, My. Dykstra did not have adequate access to prepare for his matter. II UPON A SHOWING OF GOOD CAUSE, THE COURT MAY ALLOW A DEFENDANT TO WITHDRAW HIS OR HER PLEA California Penal Code section 1018 states in relevant part: . . . On application of the defendant at any time before judgment . . . , the court may, . . . , for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted. . . . Mr. Dykstra understands all of the consequences that could result if his earlier plea is vacated. Mr. Dykstra, if he does not prevail on his case, will accept all of the associated consequences. Where the facts establish that counsel was ignorant of facts or the law and it appears that such ignorance caused the withdrawal of a crucial defense, his client is entitled 3 MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY

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to relief. (People v. Stanworth (1974) 11 Cal.3d 588, 612.) Moreover, courts should not deny withdrawal of a plea of guilty where it is evident that the interests of justice would be better served by permitting the defendant to plead not guilty instead. The least surprise or influence causing a defendant to plead guilty when he has any defense at all should be sufficient cause to permit a change of plea from guilty to not guilty. (People v. Hunt (1985, 2d Dist) 174 Cal.App.3d 95, 106, referring to People v. McGarvey (1943) 61 Cal.App.2d 557 564.) A defendant may not withdraw his/her plea just because they changed his mind. (People v. Nance (1991) 1 Cal.App. 4th 1453, 2 Cal.Rptr.2d 670.) That is why a judge is empowered with an enormous amount of judicial discretion when discussing this subject. Judicial fairness and the promotion of an equitable result is the main criteria. This section is to be liberally construed to effect these objects and to promote justice. For this reason, the defendant, Mr. Dykstra, hereby respectfully requests that his plea of no contest to the four indicated counts be set aside. III A PLEA OF GUILTY MAY BE WITHDRAWN FOR MISTAKE, IGNORANCE, INADVERTENCE, OR ANY OTHER FACTOR OVERREACHING A DEFENDANTS FREE AND CLEAR JUDGMENT In People v. Dena, (1972) 25 Cal.App.3d 1001, 102 Cal.Rptr. 357, the court held that: Where there was clear and convincing showing that the free will and judgment of Defendant, . . . , were overcome by extrinsic causes, . . . , it was an abuse of discretion for trial 4 MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY

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court to deny his motion to set aside a plea of guilty. [Id at]

V CONCLUSION Based upon the facts, law and arguments set forth above, the defendant, Mr. Dykstra, hereby respectfully requests that Your Honor allow Mr. Dykstra to set aside his plea of no contest, entered earlier on in this matter and allow Mr. Dykstra to substitute a plea of not guilty instead and in place of the indicated no contest plea. Mr. Dkystra understands that there are risks in vacating his earlier pleas of no contest. However, due to the evidence discovered and the overall and immediate consequences that Mr. Dykstra is facing, Mr. Dykstra is willing to accept all of the risks. Dated: February 23, 2012 Respectfully submitted, FLIER AND FLIER A Law Corporation By: ANDREW REED FLIER, THEODORE S. FLIER Attorneys for Defendant LENNY DYKSTRA

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. C. D. B. 5. 4. 3.

DECLARATION OF ANDREW REED FLIER I, ANDREW REED FLIER, declare and state as follows: 1. 2. I am the attorney for the defendant, Lenny Dykstra, in this matter; On October 19, 2011, Mr. Dykstra entered into a plea of no contest to counts 13, 15, 17 and 20. Mr. Dykstra pled to the four counts with a open term of four years. Mr. Dykstra was in custody at the time that he entered into his pleas. Mr. Dykstra was originally arrested pursuant to this investigation on April 14, 2011. Mr. Dykstra was in custody for 7 days as to this initial arrest. Then, Mr. Dykstra was arrested again on this matter on June 6, 2011. Mr. Dykstra remained in custody on this matter continuously up until the day of his plea on October 19, 2011. Therefore, Mr. Dykstra was in actual custody for over 160 days. Mr. Dykstra was desperate and was never in custody before this investigation. Mr. Dykstras phone privileges were limited. (See court file pertaining to my law firms court order requests for phone privileges]. A thorough review of Mr. Dykstras two day preliminary hearing transcript demonstrates significant contentions which support the defense position. Examples of this are: A. Mr. Gavanis was introduced to Mr. Dykstra by Mr. Hymers and by Mr. Gavanis brother. (P. 105, L. 25-27). Mr. Dykstras personal assistant emailed to Ford Mr. Gavanis paycheck stub. (P. 107, L. 6-17). The vehicles taken from Ford were recovered. (P. 108). The investigator does not know what a Startup company is. (P. 111, L. 1-2). The investigator did not speak to a business consultant. (P. 111, L.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P. O. N. M. L. K. J. I. H. G. F.

3-7). The investigator did not check to ever see if $500,000 was put up at the beginning to the Startup company. A: I wasnt interested in a startup company, sir. (Page ?, L. 8-14). The investigator did not look into to see if money was in the company. (P. 111, L. 15-19). The investigator did not make a determination as to when the Startup company was to report income. A: No. (P. 112, L. 1-4). The investigation started with Wilberto Hernandez. He was a good friend of Mr. Hymers. (P. 114, L. 15-18). The Defendant had a credit repair business which fell through as to Mr. Hernandez. (P. 115) Mr. Hernandez did not get his fee. (No fraud). (P. 116). Mr. Hernandez was never provided any emails from Mr. Dykstra; nor Mr. Hymers. (P. 117, L. 5-14). Mr. Dykstra was upset that the detective did not know about his company. (P. 120). The detective does not know what a Shell Company is. (P. 121, L. 8-12). Certain defense exhibits were introduced to demonstrate that the corporation (Homefree Systems, LLC) did exist and was viable. (Exhibits A-J). (P. 122-130). The Detective was unaware that money was going into that company. (P. 131, L. 23-26). The detective had no idea how much money was in the company in the beginning of last year. (P. 132, L. 2-5). 7 MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY

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Q.

$47,000 deposits were in the companies bank statement in December 1, 2010. (P #4)(P. 133, L.14-18); (P. 134, 1-7).

R.

There was a beginning balance in March 12, 2011 which indicated deposits of $73,000. (P. 135-136).

S.

The only thing that the detective discovered was that Mr. Dykstra submitted the record for Bob Smith Toyota. The investigator had no idea whom prepared them. (P. 138, L. 7-28, P. 139, L. 3-11).

T.

The records submitted to the Cadillac dealer were by Mr. Hymers through email. (P. 139, L. 15-22).

U.

Dorothy, Mr. Dykstras manager, was involved off and on in submitting emails. (P. 139, L. 20-26).

V.

The detective never made an effort to determine whom prepared the documents. (P. 141, L. 16-20). However, now he is making that effort. (P. 141, L. 21-27).

W.

The only thing I discovered was Mr. Dykstra submitted it. (As to one dealership). (P. 138, L. 20-24).

X.

The detective never made an effort to determine whom actually created that financial statement. (P. 139, L. 3-11).

Y.

Mr. Dykstras bookkeeper handles his financial affairs. (P. 140, L. 1-26).

Z.

I am not saying specifically that Mr. Dykstra was aware of that $90,000 pay stub. (P. 144, L. 7-11).

AA.

Mr. Hymers told the detective that he did not have the intent to defraud his best friend, Mr. Hernandez. (P. 163, L. 17-19).

BB.

No witness or co-defendant or suspect ever told the detective that anyone personally saw Mr. Dykstra preparing any document or exhibits that have provided. (P. 177, L. 19-26).

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CC.

The two cars from Bob Smith Toyota never left the lot. (Page 177, L. 17-26).

DD.

The investigator has no information that Mr. Dykstra introduced Mr. Hernandez to Mr. Hymers. (P. 182, L. 26-28).

EE.

The detective never prepared a search warrant for any computer of Mr. Hymers. (P. 184, L. 11-16).

FF.

The investigation about Mr. Dykstra started approximately February 13, 2011. (P. 187, L. 25-28).

GG.

With respect to all of the governments exhibits, there is no evidence that Mr. Dykstra personally prepared them. (P. 188, L. 13-19).

HH.

Three vehicles were purchased. Each defendant had one. (P. 189, L. 23-27).

II.

Some payments were tendered as to these vehicles. (P. 191, L. 714).

JJ.

Mr. Dykstra told the detective about his Startup company. (P. 200, L. 26-28, P. 201, L. 1-2).

KK.

Further, Mr. Dykstra told the detective that he had proof of over 200 potential clients. (P. 201, L. 7-17).

LL.

The detective never even called Mr. Dykstras New York attorney, Mr. Moshe Morten, about the Startup company. (P. 201, L. 2126).

MM. The detective never asked any salesmen about the value of these returned vehicles versus when they left the lot. (P. 204, L. 22-25). I was requesting from Mr. Dykstra and his business manager, Dorothy, for relevant documents to properly defend Mr. Dykstra, whom was literally suffering from being locked up for such a continuous and substantial period. Mr. Dykstra, whom was in custody, could not assist as to paperwork,

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banking information, Startup records from his New York attorney, and other important considerations. In addition, Mr. Dykstras computers were seized. It was Mr. Blatt, whom is Mr. Hymers attorney, that presented paperwork through defense exhibits at the preliminary hearing. Mr. Hymers computers were not seized; nor was Mr. Hymers in custody. A plea disposition was finally reached in this case. It was very difficult for Mr. Dykstra to enter into these pleas. The prosecutor, Mr. Karkanen, even spoke to Mr. Dykstra in lock-up right before his plea. Mr. Karkanen could see, first hand, the struggles Mr. Dykstra was having. Exhibits, including paragraphs 5A through 5MM of this declaration, support the defense contention to allow Mr. Dykstra to withdraw his plea. A) B) Exhibit A is a declaration from Mr. Dykstra. Exhibit B is a declaration from Mr. Dykstras business manager, Dorothy Van Kalsbeek. C) Exhibit C is a declaration from Mr. Dykstras prior attorney, Mr. Mortner. D) Exhibit D are records pertaining to the company Home-Free System LLC. E) Exhibit E is an email dated January 27, 2011 from Mr. Hymers (co-defendant) to Mr. Gavanis (second co-defendant). (It is interesting to not that both co-defendants received misdemeanors and credit time served sentences). F) Exhibit F is an e-mail from Mr. Dykstra to a Darren pertaining to the fact that Mr. Hymers prepares Mr. Dykstras financial statements. In addition, on that same document is an email from Mr. 10 MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 14. 13. 12.

Hymers confirming this fact. I have completed a lengthy sentencing brief on behalf of Mr. Dykstra. I truly believe that this motion to withdraw Mr. Dykstras plea is well taken, based on sold grounds and should be granted. In addition, I have been preparing for two jury trial. People v. Ramos ( Case No. FSB058748) is a Double Murder jury trial to commence on March 6th, 2012 in San Bernardino. In addition, I am preparing for a Death Penalty jury trial to commence on April 9th, 2012 in downtown, Los Angeles. Mr. Dykstra has been a completely different individual since his release from custody. Mr. Dykstra has been in full compliance with everything that has been required as expected from him. I declare under penalty of Perjury that the foregoing is true and correct. Executed on February 23, 2011, at Sherman Oaks, California.

ANDREW REED FLIER 16 17 18 19 20 21 22 23 24 25 26 27 28 11 MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 METHOD OF SERVICE:

PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am over the age of 18 years, not a party to the within entitled action; my business address is 15250 Ventura Blvd., Ste. 600, Sherman Oaks, California 91403; On the execution date below, I served the foregoing document as described as: NOTICE OF MOTION AND MOTION FOR ORDER WITHDRAWING PLEA OF GUILTY; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ATTORNEY ANDREW REED FLIER on all interested parties through their respective attorneys of record in this action: Alexander Karkanen, DDA Taskforce for Regional Autotheft Prevention 9040 Telstar Avenue, Suite 115 El Monte, CA 91731

G (BY FACSIMILE TRANSMISSION) I caused the above-described document(s) to be transmitted via electronic facsimile. G(BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail. I am readily familiar with this firms practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. G(BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the above addressee(s). I declare under penalty of perjury that the above is true and correct. Executed on February 29, 2012, at Sherman Oaks, California.

_________________________________ STACY A. WINBERG

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V.L181HX3

DECLARATION OF LENNY DYKSTRA

I, LENNY DYKSTRA, declare:

1.

On April 14,2011, Lenny Dykstra walks out of the horne he was renting and is

jumped by approximately 15 under cover cops (1 can only assume that the they were cops) I was immediately handcuffed, and thrown in the back of an unmarked car. After asking numerous times "What is going on? Who are you? Why are you handcuffing me and treating me like a criminal, am I under arrest?" The only answer I received was "we are taking you to see the big man, he will explain everything." I asked numerous times "why are you treating me like a criminal, I have never committed a crime in my life." They would not give me an answer. This took place between approximately 7:00- 8:00 pm. 2. This took place at the home I was renting in Encino. Then, I am taken downtown

and placed in what I could only guess was an interrogation room. Then, I ask the FBI Agents "what is this about? Why was I treated like some kind of criminal - and nobody will tell me what this is about? I aked if I was being arrested and they said no, you are being detained. To my disbelief - when the FBI Agents finally start talking to me thay ask me about my bankruptcy case. I responded: "my bankruptcy! Are you telling me that] 5 undercover cops jumped me was] was

walking out of my house - handcuff me like I am some kind of criminal, cause a major scene, all to talk about my bankruptcy ?" I then responded to the FBI agents by saying "what do want to know about my bankruptcy that is not already ion the docket? Then I said, "let me ask you a question; "what is the cost these days ofa 23 year marriage? As the bankruptcy trustee is directly responsible for dismantling a 23 year marriage? Or, what about destroying the lives of my three sons?" Later that same night after the FBI could not get me (Dykstra) to sign a release
of my rights for counsel, they left. Then, I (Dykstra) a man walks in and tell me his name is

Detective Contreras, and I ask him "what is this?" Why am I being treated like a criminal? Who are you? What do you want'?" I ask Detective Contreras repeatedly, "why am I here?" Contreras tells me that Home Fee Systems, LLC is not a real company, that it's a fake company used to steal cars (the 3 cars that were leased). 3. On April 14, 2011, Lenny Dykstra tells Contreras numerous times to contact his

attorney, Moshe Mortner, regarding the company Home-Free Systems LLC, Dykstra tells Contreras that Mortner will give him all the company info, and the proof to show that Home Free Systems is indeed rcal by providing him with all the legal documentation. Dykstra tells Contreras, "All you have to do is call my attorney, and he will give you everything you need, please call Mr. Mortner and he will prove that it is a real company. "Why are you trying to ruin my life?" 4. That same night, after being detained for what was approxiamtcly 6 hours,

Dykstra is told that he is going to be arrested for car theft (GTA) - I literally am in shock, in disbelief, and I plead with Detective Contreras once again to call my attorney, Moshe Mortner, and he will clear all of this up. Why would you arrest me before checking out my story, I said again, "please, it's only one phone call to my attorney, he will give you all the proof you need." He would not repsond to me, so I said, "you are going to lock me up in jail without even checking to see if I am telling the truth?" Sir, my freedom is on the line, why are you trying to ruin my life?" 5. I am then booked and thrown in jail - as I am still in complete disbelief as to what

was happeningwith $500K bail for the state case with a 1275 hold, but also there was a no bail hold in place by the FBI. So, even if Dykstra would have bailed out, the FBI would have him picked him up.

6.

When I was locked up I had no way to communicate with the outside world, as I

was not permitted phone privileges. I was also not pennitted a visitor until approximately the 4th month of incarceration. Basically, I had no way to communicate with the outside world. Moreover, shortly before I was locked up in jail, I fired my attorney, Mr. Moshe Mortner, who was very upset at the time Ilet him go. I later learned after I was released that my assistant tried numerous times to get Mr. Mortner to turn over all of the information regarding HOME FREE SYSTEMS, LLC. Mr. Mortner was also asked by my assistant to call my attorney, Mr. Andrew Flier, on numerous occasions but he refused. 7. The bottom line: My attorney, Mr. Flier, did not have sufficient information

regarding HOME FREE SYSTEMS, LLC. due to the fact Mr. Mortner would not return my assistant, Dorothy Van Kalsbeek's, calls. 8. But, what is more troublesome, is the fact that Detective Contreras completely

failed to investigate the most critical issue in my case. I kept on explaining to Detective Contreras that he must contact my New York lawyer, Mr. Moshe Mortner, whom set up and incorporated HOME FREE SYSTEMS, LLC. If the detective would have simply contacted attorney Mortner, then all of these relevant documents would have been procured by the Government's own investigator. I declare under penalty of Perjury that the foregoing is true and correct.
Executed on February 23, 2011, at Sherman Oaks, California.

1:::!J!tJ:--

EXHIBIT B

DECLARATION OF DOROTHY VAN KALSBEEK

2 I, Dorothy Van Kalsbeek, declare as follows:

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1. I currently work for the Defendant, Lenny Dykstra, who is charged in the above captioned criminal case and have worked for the Defendant in some capacity since March 2006.
2. I currently hold a Bachelor's degree in accounting and have worked consistently as an accounting professional since the age of 23 and have held jobs as a bookkeeper, controller, corporate treasurer and CFO. When not working for Defendant, I also work as a small business consultant as a QuickBooks accounting software expert. 3. I am an individual above the age of eighteen years of age and have personal knowledge of the facts set forth herein, and if called and sworn as a witness, I could and would competently testify thereto. 4. I make this statement in support of the motion for the Defendant to withdraw his plea. 5. I am informed and believe that the facts so stated herein are true and correct. 6. I am aware of the facts surrounding this case and was involved in the business operations of the defendant, including but not limited to Home-Free Systems LLC. 7. I was NOT named as a defendant in this case, although a warrant for evidence in this case was served and computers from my home were confiscated for a time. They have been returned. 8. Prior to and after the removal of computers from my home, at NO time was I
questioned in this case to provide evidence for or against the defendant, which I
believe would exonerate the defendant.
9. I believe that the moral character of the defendant has been maligned unjustly by the charges brought against him in this case. Although he is often times impatient and unconventional, he is not a bad person and lives with an honor code that is difficult to emulate. I have never met another individual that works harder. 10. The charges in this case are in a word: Ridiculous.
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11. The defendant, with two other business associates whom he bel ieved to be honest and trustworthy leased three cars from Galpin Ford. 12.ln my contact with those involved with the car transactions, there was no intention to defraud; there was no intention to cause harm or loss. 13. Applications were completed at three separate dealerships that I am aware of, not to defraud additional dealerships into leasing more cars, but because credit for the new company and the defendant, who is going through a high-profile bankruptcy case did not qualify for credit at the first two dealerships where he attempted to lease two or three automobiles. 14. Had either of the first two dealerships approved leases and closed the deal, then no additional applications would have been submitted further. They each only needed one car. Similar to the practice of going to one store, and if they don't have what you want and/or don't provide credit terms necessary to complete the sale, if you still want the item, you try another store. 15. The cars that were leased were INSURED. Online payments with Ford Motor Credit were set up for each automobile, and payments submitted. 16. It was my responsibility to set up the payments and ensure timely remittance was
tendered when due.

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17. There was some mix up with the bank, as after the first payment was tendered, but
had not cleared - defendant closed out his account without leaving enough in the account for the payments to clear. That was an unintentional error of oversight on the part of the defendant and not done with the foreknowledge that he was causing the paymel1ts to be rejected. At the time he believed them already paid. 18. After he opened a new account, payments were tendered again. This time the payments were either refused by Ford or by the bank. It is unclear what happened. Payments were set up online, information regarding the bank account and loan information was input into the online payment system. The payments were accepted by Ford, and posted as "PENDING" at the bank for a day or two. But, were eventually rejected. There were sufficient funds available in the bank to fully cover the payments. But, they somehow bounced before clearing. It is unknown why.

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19. On a couple of occasions, I personally talked with a representative of Ford Motor Credit and provided information regarding the payments, insurance, where the cars were garaged and which individual was the primary driver for each car. I provided full disclosure with regard to all that was required. 20. Ford Molor credit was not able to determine why the payments bounced with sufficient funds available. The bank was not able to determine why the payments bounced with sufficient funds available. 21. Home-Free Systems LLC was set up by Defendant's attorney in New York, Moshe Mortner. 22. Defendant's former attorney Moshe Mortner in New York had critical evidence in the case for which it was difficult to obtain due to Mr. Mortner's distance and lifestyle. Mr. Mortner is a highly religious Orthodox Jew who spends considerable time with religious studies. This makes him somewhat difficult to contact and get a response [rom him, due to his limited schedule. 23. I sent several emails and tried to reach out to Mr. Mortner by phone on several occasions - getting no response from him due to the fact that he has this very limited work schedule and also due to the fact he had concluded his representation of Defendant. 24. Eventually Mr. Mortner was reached and the evidence in his possession was forwarded to counsel for the Defendant to support this motion. 25. It was Mr. Mortner who prepared the documentation necessary to create the entity Home-Free Systems LLC and registered the name with the New York Department of Corporations. In addition, Mr. Mortner received the proceeds of the loan that was provided by an investor as seed capital for business operations of the new entity. 26. Proceeds from the loan were used to create a website for the company, which would be used to market the company to potential customers. 27. Businesses such as RealtyTrac were contacted in conjunction with the business
model to help us efficient! y find qualified customers for our services.
28. Interviews were conducted to hire sales representatives for the new entity.

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29. The company was promoted on the Alex Jones internet radio broadcast which resulted in a flood of web hits and phone calls to the company's toll free line. Nearly 200 people called in within the first week, after a 10-15 second blurb about the company that wasn't even scripted. 30. After Defendant was taken into custody I tried to see him. I needed to fill out an application prior to being allowed in due to the location where he was being held, and the approval process which states on the application to take up to 30 days took in this case nearly three months. The application was submitted in June and my first visit was allowed mid-September. 31. Additionally, Defendant was not allowed to make phone calls. On occasion (about one in 7-10 days), while waiting to take a shower he was abk to use the phone for a moment or two, but in general - he was denied phone privileges. It took several phone calls to the watch commander and chaplain's office to get authorization for the Defendant to place a phone call to the hospital prior to his mother's death. I found it to be inexplicable that such a request would not be instantly granted. It was as though they honestly wanted to deny him the opportunity to speak to his mom for the last lime. 32.lL is my belief that the defendanl should be allowed the opportunity to have his day in court and the chance to exonerate himself of all charges.

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I declare under penalty of perjury under the laws of the United States of America that the 17 foregoing is true and correct. 18 19 DATED: February 28, 2012 20 21 Dorothy Van Kalsbeek Dorothy Van Kalsbeek

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Exhibit C

DECLARA TION OF MOSIIE MORTNER 2 I, Moshe Mortncr, declare as follows:

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1. I am an attorney admitted to the practicc oflaw in thc State of New York and before thc United States District Court for the Southem District of New York. In, 2010 I applied for admission before thc US Bankruptcy Court for the Central District of California, San Fernando Valley Division, to be admitted pro hac vice for the limited purpose of representing the Defendant Lelmy K. Dykstra in connection with the aspect of his bankruptcy proceedings that concerned the secured claim of JP Morgan Chase. 2. Additionally, I was engaged by Dcfendanllo set up the company Home-Frce Systems LLC. 3. Accordingly. I arrangcd for the fornlation ofthe entity Home-Free Systems LLC on July 12.20 I O. which I caused to be registered with the New York Department of Statc. Division of Corporations and Records. 4. Homc-Free Systems LLC. and the Defendant raised $300,000 from an investor who was given equity in the start-up company and a promissory note. As Mr. Dykstra's attorney, I was responsible for preparing the promissory note in the amount of $300,000 for the investor. 5. The S300,000 invcstment for Home-Free Systems LLC was wired directly to my Client Trust Account, and I immediately distributed thosc funds per thc instructions of my client, Defendant. 6. I-IOME-FREE-SYSTEMS, LLC, received all of the legal documentation required under the law to become a legal and active limited liability company in the Stale of New York. 7. In additlOn, pursuant to Defendant's instructions, I applied to the IRS on behalf of Home-Free Syslems LLC for an EIN, and the number was issued on August 3, 2010. 8. Upon infonnation and belief, defendant created Home-Free Systcms LLC lO do business undcr the namc Predatory Lending Recovery, which Defendant later changcd to StoptheGrcedyBanks.com.

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9. At various times I was asked by Defendant to provide consulling services for Home-Free Systems LLC in matters pertaining to residential foreclosure defense and related services In fact, 1spcnt two full days in Los Angeles consulting with Dcfcndant and his associatcs as to the dcvelopment of the company's business modcl. 10. Residing and practicing law in the State of New somewhat limits my availability for tile Dcfendant frolll time to time. II. When the Defendant was taken into custody, I was out of the office and unavailable to produce needed docwnents for the Defendant's case. Additionally, I was not aware they were needed at the time. 12. At no time prior to or subsequent to DefenEiant's arrest was I contacted by law cn lorcement officials or investigators asking for any infonnation with regard to the Defendant or Home-Free Systems LLC. 13.11 was not intcntional that the information in my possession concerning Home-Free Systems LLC was not made available to the defense in this case in a timely manner. I am a commercial attorney and I had no involvement in Defendant's criminal deflmsc.

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16 11 declarc under penalty ofpeTjury under the laws of the Umted States of America that the 17 foregoing is true and correct.
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19 DATED: Febmary 28.2012 20 21 Moshe Mortner, Esq.

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004857

How To Balance Your Bank of America Account

FIRST. start with your Account Register/Checkbook: 1. List your Account Register/Checkbook Billoi1ce here Subtract "my servicC! charges or othN deductions nat previous',y recorded lhat are listed on this statement ..__ M.M_M_'_' 3. Add any credlls not previously recorded that arc listed on this statement (for example interest) .M_M._... "' 4. This is your NEW ACCOUNT REGIS fER BALANCE NOW, with your Account Statement: 1. List your Statement Ending Balance here 2. Add any deposits not shown on Ihl$ statement

.MM._...

'M"'_.__._

$--- $--- $--- $--- $---

................................................_ _

$----

SUBTOTAL
3 LIS', and total all outstanding checks ATM Check Card and other electronic withdrawals Checks. ATM, Check Card, Elecl:Ionic Withdrawals Date/Check # Amount Checks, ATM. Check Card, Electronic Withdrawals Date/Check # Amount

$====
Amount

Checks, ATM, Check Card, Electronic Withdrawals Date/Check #

4 TOTAL OF DUTST ANDING CHECKS. ATM, Check Card and other electronic withdrawals . 5. SubtrClct total outstanding checks, ATM. Check Card and Olher electronic withdrawals from Subtotal nllS Balance should match your new Account Register Balance ._.__ ._.M.MM.M.__ _. ._. " _.__.M.M

._._._..__ ._M.M.....

$
_..... $

................_

Upon receipt of your statement. differences. if any, should be reported to the bank promptly tn writing and in accordance WIth provisions in your deposit agreement.

IMPORTANT INFORMATION FOR BANK DEPOSIT ACCOUNTS

Change of Address. PIQ8Sf' call
u~

at the lelephone number listed on the front of this statement 10 tell us about a change of address.

Deposit Agreement. When you opened your account, you received a deposit agreement and fcc schedule and agreed that your account would be governed by the terms of these documents. as we may amend Ihem from time to time. These documents are part of tlie contract for your deposit accOunt and govern all transactions relating to your account. inclUding all deposits and withdrawals. Copies of both the depOSit agreement and fee schedule, which contain Ihe current verSion of the term~ and conditions of your account relationship. may be obtained al our banktng centers. Electronic Transfers: In case of errors or questions about your electronic transfers If you trllnK your statement or receipt IS wrong or )f you need more Information about an electronic transfer (e.g" ATM transaclions, direct deposits or w,thdrawals, pOint-of-sale transactions) on the statement or receipt, telephone or write us at the ilddress and number listed on the front of th,s stalement as soon as you can. We must hear from yOll no later than 60 days after we sent yOll the FIRST stalement on which the error or problem appeared. Tell us your name and account mHnber.
Describe the error or the transfer you arc unsure about and explain as clearly as you can why yOll believe there is an error or Why you need more
Information.
Tell us the dol'iar amount of Ihe suspected error.
For cor,SL:mer account::. used primarily ror personal. filmily or household purposes, we will Investigate your complaint and will correct any error
promplly. If we take more than 10 bUSiness days (10 calender days If you are a Massachusetts customer) (20 business days If you are a new customer.
for electronic transfers occurrtng durmg the first 30 days after the first deposit is made to your account) to do this, we will recredlt your account for the
amount you think is tn error, so that you wdl have use of the money during [he time it takes us to compleJe our investigation.
For olr.er accounts, we investigate, and if we lind we hiwe made an error. we credit your account at the conclusion of our investigatIOn.
Reporting Other Problems. You must examine your statement carefully and promptly. You are in the best position to discover errors and unauthorized \ransanlons on your account. If you fail to notify us in writing of suspected problems or unauthOrized transactions Within me time periods specified in the deposit agreemenl (Which periods arQ no more than 60 days after we make the statement available to you and In some cases are 30 days or less). we arc not liable to you for. and yOL. agree not to make a claim against us for the problems or unauthorized transactions. DIrect Deposits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you may call us at the telephone number listed on the front or this statement to find out if the deposit was made as scheduled.

Bank of America, N.A. Member FDIC atld

Equal Housing Lender