Free Response to Motion - District Court of Arizona - Arizona

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2415 East Camelback Road, Suite 700

2415 East Camelback Road, Suite 700 Phoenix, AZ 85001 (602) 257-1776 [email protected] WWW.HENTOFFLAW.COM Nicholas S. Hentoff - 012492 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA UNITED STATES, No. CR-03-50080-PHX-EHC Plaintiff, v. BRUCE GOLDMAN, Defendant. The USPO Disposition Memorandum paints a grim but fundamentally unfair picture of Mr. Goldman that is largely based on multiple levels of hearsay, bald conjecture and inaccurate or false information: 1. Mr. Graeber claims that he checked with the La Plata County Probation Department in Colorado who informed him that they have no record of Mr. Goldman making restitution payments. Attached as Exhibit A is a copy of a minute entry order from the La Plata County Combined Courts reflecting that Bruce Goldman has made over $20,000 in restitution payments in Case # 2000CR000332 and that the total restitution amount has been revised downward by over $100,000. RESPONSE TO USPO DISPOSITION MEMORANDUM

HENTOFF LAW OFFICE ESPLANADE CENTER

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Phoenix, Arizona 85016

HENTOFF LAW OFFICE, P.C.

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(602) 257-1776

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Case 2:03-cr-50080-MHM Page 1

Document 68

Filed 08/31/2005

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2415 East Camelback Road, Suite 700

2. Mr. Graeber claims that Bruce Goldman bounced a Mill Direct Flooring check on an undisclosed Wells Fargo bank account number 612-2315093. In fact this bank account was disclosed to Mr. Muncey in Mr. Burke Files' initial report on August 9, 2005, and two years worth of bank statements for this account were provided to the USPO on that date. See Exhibit B. 3. Mr. Graeber included a letter from Michael Schoff complaining about Bruce's business practices. However, Gordon Schoff has entered into a tentative settlement agreement with Mr. Goldman which provides for future work with Mr. Goldman and Mill Direct Flooring. See Exhibit C. 4. Finally, Mr. Graeber rehashes old allegations regarding a loan application allegedly filled out by Mr. Goldman and his wife. However, these allegations were previously rebutted and explained by Janette Alvarado in prior court proceedings. It is clear that Mr. Goldman cannot be allowed to operate Opulent Properties in its present form. However, the question the Court must ask itself is what is the best way to protect the existing investors in Opulent and customers and vendors of Mill Direct Flooring. By revoking Mr. Goldman's supervised release this Court will guarantee that they will be reduced to uncompensated victims who will never be reimbursed for their losses. By reinstating Mr. Goldman on supervised release, with additional strict financial reporting requirements, this Court can facilitate the reimbursement of the investors and payment of the vendors and customers as Mr. Goldman extricates himself from his present business difficulties. RESPECTFULLY SUBMITTED this August 31, 2005. s/Nicholas Hentoff Nicholas S. Hentoff

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Phoenix, Arizona 85016

HENTOFF LAW OFFICE, P.C.

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(602) 257-1776

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Case 2:03-cr-50080-MHM Page 2

Document 68

Filed 08/31/2005

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Original of the foregoing mailed this 31st day of July 2005 to: Darcey Cerow, Esq. Assistant United States Attorney Two Rennaissance Square 40North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Neil Graeber U.S. Probation Office 4000 N. Central Avenue, Suite 2300 Phoenix, Arizona 85012-3516

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Phoenix, Arizona 85016

HENTOFF LAW OFFICE, P.C.

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(602) 257-1776

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