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Prosecutorial Misconduct By Cullers: Here are the instances of Prosecutorial Misconduct Mr.

Cullers was involved in as a government official 1) 2) He commanded Dr. Steven Booth and Louise Booth to commit perjury during the trial He commanded them under threat of prison to commit perjury in civil cases case number

3) Case number 07-1129, district court, federal, California, Fresno division; 1:12-CV-171 AWI GSA; removed state court case; 09-cv-01689, Booth amended case naming Mike and companies. Specifically these attorneys and Mr. Cullers specifically told Dr. Booth and his Wife Louise Booth to file under penalty of perjury a Quiet Title action in State court, which was a duplicate action of that already filed by Mr. Ioane in 2007 and which the Booths signed under penalty of perjury that they did not own in a settlement agreement. This settlement agreement signed under penalty of perjury was signed in the Presence of Judge Anthony Ishii on September 25, 2007. Now the government in July of 2012, told Dr. Booth to file a Quiet title lawsuit in state court against Michael Ioane and sign that lawsuit under penalty of perjury, that he owned the property, which is the exact opposite of what was signed by Dr. Booth in 2007. Dr. Booths testimony at Michael Ioanes trial was also opposite of what was signed. This is called subordination of perjury and it is a crime for a attorney to allow it to take place. In this case Mr. Cullers and the above attorneys instructed Dr. Booth and Louise Booth to do so. He was also told to do this by his own criminal attorney Eric Fogderude, 5412 North Palm Avenue # 101, Fresno, CA , 93704, (559) 431-9710 direct line, Fax line (559) 431-4108 and even then was able to find an attorney who handled the civil case and did the legal filings for him after being assured that the government would not indict Dr. Booth for perjury and would assist Dr. Booth and his civil attorney Randolf Krbechek, of 9477 N. Fort Washington Road, Suite 104, Fresno, California 93730, Phone 559-434-4500 dir and fax 559-434-4554.

4) Gov. Attorney Mark Cullers assisted by Gov. Attorney James Richard Terzian and Michele L. Thielhorn. Committed acts of prosecutorial misconduct during their prosecution in Michael Ioanes trial. During Dr. Booths testimony Dr. Booth testified that he signed a plea agreement after the district court appointed forensic CPA had determined that all Dr. Booth could have possibly owed the IRS was an additional 207k, assuming his corporations and trusts were invalid and that was why he plead guilty, because they were no longer trying to get 2.3 million which he knew was impossible to have owed for years 1995-1997. Here is what Mark Cullers did in the presence of the Jury... He objected to that, saying to the Judge and Jury that the 207K was only for plea reasons but Booth really owed 1.3 million, none of which was proven or true. Mark Cullers and all those attorneys he was assisted by knew this to be true; but they continued to lie to the Jury and Judge; although the judge knew too and tried to keep it quite in an effort to protect the prosecution. This was the same lie they gave to the federal grand jury. The crime being committed here and the cover-up are huge. Even at sentencing the Attorney Mark Cullers kept saying the loss amount for sentencing purposes was 1.3 million; however, he knew that it was not, and he also knew that the whole reason Booth was fighting with the government since 1999 was because they were trying to get 2.3 million, then 4 million and then 1.3 million; that means that Dr. Booth was legally fighting the IRS he had a right not to pay an amount he did not owe! 1

5) This is not the only time Mark Cullers and his staff of assistants committed prosecutorial misconduct. They did it again after Mr. Ioane was convicted during the shame trial in order to have him incarcerated. They argued on November 4, 2011, that he personally owed the IRS 3 Million dollars knowing that he did not, based on government declarations signed under penalty of perjury that he only owed 60K and then he actually won a lawsuit regarding his personal matter and the Ninth Circuit along with the tax court said he owed nothing. Or in other words the Ninth District affirmed that he owed nothing!! Now it is important to remember that Mr. Ioanes personal tax dispute with the IRS had nothing to do with the criminal case; but, then he was dealing with that incompetent Judge Lawrence ONeil, who actually made it clear that it was relevant regarding his release, bizarre, but remember this was the Judge who sentenced a guy in 2011 to 759 years and was then overturned by the entire in banc Ninth District court. The fact remains that Attorney Mark Cullers knew that Mr. Ioane did not owe money to the IRS but never the less asserted that he did. 6) Mark Cullers and magistrate Judge Sandra M. Snyder tried to have Mike Ioane put in jail for listening to speech. See attached selective prosecution motion and gov. pleading in opposition to bond modification. The first three page and 4th page government point blank says Mike Ioane listened to speech. In this country in in most countries one does not go to jail nor can he be in violation of a bond for listening to speech; but, in the Fresno, district court in California and before Magistrate Judge Sandra M. Snyder it could happen. This same prosecutor prosecuted this case because Dr. Booth sent a letter to the IRS and he tried to say that it was a fictitious instrument; but it was a letter that Dr. Booth tried to ask the government to discharge his debt pursuant to his rights under the First Amendment, the right to petition for redress of grievances. AUSA Mark Cullers tried the same tactic to Ioane on his letters to IRS regarding his personal tax liabilities. 7) Abusive pre-trial conditions and prejudicial towards Ioane differently from Booth? Mr. Ioanes pre-trial conditions were so oppressive even third world countries would not attempt what Judge Lawrence, Magistrate Sandra M. Snyder and AUSA Mark Cullers attempted. Why the difference between Ioane and Booth. Mr. Ioane had no criminal history to speak of, never missed a court hearing, lived in the community and was so involved in the community and volunteer work even Judge Lawrence ONeil at sentencing was forced to take a year off the bizarre sentence; although now everything is being overturned because Mr. Ioane was innocent. The fact remains that Mr. Ioane was charged with conspiracy to help Dr. Booth defraud the IRS, so why was Booth not given the same restrictions? Judge Lawrence ONeil sentenced Mr. Ioane to 9 years in prison and Dr. Booth to 6 months house arrest.