Opinion
Civil Case No. 3:08-cv-00717 Criminal Case No. 3:02cr00090
03-26-2012
David B. Todd, III, Petitioner, v. United States of America, Respondent.
Senior Judge Wiseman
MOTION TO ISSUE SUBPOENAS
FOR EVIDENCE OF INNOCENCE
Petitioner, David B. Todd, III, pro se, hereby moves this Honorable Court, for subpoenas to; Charles Schwab and Co., Inc. (Schwab); UBS Finacial Services, Inc., (UBS); and Erin Bishop Dunlap, requesting any and all records on their, "Medallion Signature Guarantee", on Aethur and Milas Watkins1 replacement stock certificates, including identification/account information who personally appeared before their Medallion members posing as the Watkins. Erin Bishop Dunlap, was employed by "Paine Webber", (now UBS), as Associate Vice President and Vice President, during the time in question here. She would know who their Medallion members""were. In addition to that, all parties would know their methods/proceduals process how they verified thier identities of persons who received a Medallion guarantee, including their Medallion guarantee log of these transactions. This information is related to petitioner's criminal conviction, and establishs that no reasonable factfinder would have found him guilty og the offense. Moreover, this is what UBS's and Schwab's Medallion members are intended to do. There is no doubt that these Medallion members would exculpate the petitioner.
Petitioner request subpoenas to be sent to:
Charles Schwab and Co., Inc.
Office of Corporate Counsel (SF211MN-06)
Attn: Robert Tyer-Resolution Manager 211 Main St.
San Francisco, CA 94105-1905 (See Schwab's attached letter);
UBS Financial Services, Inc.
Attn: Legal Department
1200 Harbor Blvd.
10th Floor
Weehawken, NJ 07086
(According to Anthony Thorpe-Branch Manger, Nashville Office. See IBS's attachment.)
Erin Bishop Dunlap
(Ms. Dunlap's address is known by the government as they were the ones who supplied an affidavit from her. See Ms. Dunlap attached affidavit.)
Petitioner request all Information supplied by subpoenas be sent to him at:
David B. Todd, IIIPetitioner further request everything in wrinting and under oath within thirty (30) days of service. Time save time and effort petitioner is requesting all parties to call his case Manager, Ms. D. Smith, at (606)-598-1900, to set a time for him to call the party back concerning the requested information, to get all questions answered.
No. 15240-075
FPC-Manchester
P.O. Box 4000
Manchester, KY 40962
FACTS IN SUPPORT OF MOTION
In light of the Sixth Circuit's recent denial of petitioner's request to file a second or successive § 2255 under § 2244, based on newly discovered evidence. See In re Todd, No. 11-5085, (6th Cir. 2011). (attachment) In that motion, petitioner arques that newly discovered evidence relating to the "Medallion Signature Guarantee Program", demenstrates his Innocence. He argues that he could not have discovered this information earlier because he only recentltly took prison classws on investing and the stock market. Petitioner attached information from websites and investment companies about the Medallion guarantee. This information was general in nature and did not relate to his criminal conviction. The attached information did not establish that no reasonable factfinder would have found petitioner guilty of the offense.
Petitioner is currently serving a (77) months prison sentence in Manchester, KY, having been tried and convicted of offenses in which he is actually innocent of. He has been very diligent in attemting to articulate his arguments of actual innocence, to the Sixth Circuit, based on UBS'S and Schwab's Medallion guarantee though their members who guaranteed the Watkins replacement stock certificates, (attached), an "irrevocable stock or bond power", (stock power), and Affidavit of Loss.
The offenses of petitioner's conviction stems from the government's allegations that petitioner knowingly made false statements, posing as Arthur and Milas Watkins, in order to get the Bank of New York to issue the replacement staock certificates. From the day of petitioner arrest he has been entitled to all exculpatory evidence, including customer identification/account information on UBS's and Schwab's Medallion guarantee members on the Wathins' affidavits. This would assist petitioner in the defense of his case. Petitioner's trial counsel was given limited information in regards to UBS's and Schwab's Medallion guarantee that was utilized in the prosecution of his case. As this Court noted in its Order: "[Petitioner's] counsel did the best he could with what he had to work with". Todd v. United States, No. 3:08-00717, Dochet Entry 9 (M.D. Tenn. 6 October 2008).
The new evidence petitioner now seeks, the jury would not have found him to be both a liar and a thief. This new evidence would dirctly contradict this Court's Order. This Court noted in its Order: "The jury obviously found [petitioner] to be both a liar and a thief." In other words, UBS's and Schwab's Medallion guarantee would dirctly contradict the government's case against petitioner.
Testimony, supplied by government's witnesses indicted the use of UBS's and Schwab's Medallion guarantee was use to convict petitioner. Petitioner, was entitled to have an opportunity to impeach anu testimony that was not in conformity with the evidence. The government did not make available for inspection to petitioner, UBS's and Schwab's Medallion members that appeared on the Watkins' replacememnt stock certificates, and "stock power". They would have refuted evidence that linked petitioner to this case : that he subsequently prosecuted for, and convicted of.
Testimony, supplied by Steven Tompkins from the Bank of New York stated: "The replacements stock certificates" with the Medallion guarantee are the same replacement stock certificates the "Affidavit of Loss", in which the petitioner notarized. These certificates could not have been negotiated without the Medallion guarantee". This puts the Medallion members who signed the stock certificates, guaranteeing the WAtkins' identities for the Bank of New York as eyewitnesses of who the WAtkins were. The Medallion members would name persons as petitioner names who he notarized the Affidavit if Loss, as the WAtkinsf not petitioner. This puts UBS's and Schwab's Medallion members as the crucial part of the chain of custody and authenticating the Watkihs. Put another way, UBS's and Schwab's Medallion members ara petitioner's proof of his innocence.
By way of affidavit and if called to testify UBS's and Schwab's Medallion members would identify the governments witnesses: Charles GArtwright as "Arthur Watkins", and Barbabra Stephens as "Milas Watkins", not petitioner, demonstrating petitioner's innocence. In addition, they would confirm that petitioner was never involved in any of these transactions.
They would also confirm they never seen or heard of petitioner.
This Court would find: in the same manner as Cartwright/Stephens approached UBS's and Schwab's Medallion members to sell the WAtkins' stock, they approached petitioner to buy cars and have documents notarized. Cartwright/Stephens produced valid forms of identification as proof they were in fact the Watkins. Just like UBS's and Schwab's Medallion members guaranteed their identities, petitioner was acting in the same fashion. Neither the Meadellion members or petitioner had any reasons not to believe these persons were not the Watkins.
The Medallion guarantee provides a high level of protection that makes it impossible for petitioner to be apart of this crime. With the level of protection that UBS's and Schwab's Medallion guarantee provides it is unimaginable for petitioner, a male individual to personally appear before both of these Medallion members as two persons, 'Arthur and Milas Watkins', as the government claims. The only persons who could have accomplish this act is: Cartwright/Stephens a male and female cuople. They were the only persons who had the proper forms of identification who could provrn themselves as the Watkins, not petitioner. There is no doubt, UBS's and Schwab's Medallion members would demostrate petitioner's actual innocence. They would also demostrate Cartwright/Stephens are the real criminals.
All parties involved in the Watkins' transactions should remeber it. Because UBS and Schwab were involed in a law suit with the Watkins' estate. UBS paid out, $106,800.00, according to David Goldberg, legal counsel with UBS. Schwab paid out, $54,300.00, according to Mia Klaassen, corporate counsel with Schwab.
Petitioner has requested assistance from trial and appeal counsel in attempts to gain this information. Request from UBS and Schwab have met with refusal or delay. There ara no legal issues that prevent the release of the Medallion guarantee information. Petitioner has not found any law that prevents him from being able to request or obtain this information. Absent of a valid legal argument that would justify opposition to such a request. This request should be granted by this Court. Current, UBS's and Schwab's policy prevents them from releasing the Watkins Medallion guarantee information without this Court Order Subponeas. It is for these reasons that petitioner seeks a Court Order Subponea that would allow UBS, Schwab, and Erin Bishop Dunlap, to relaese their Medallion guarantee information that petitioner is entitled to receive under the rules of discovery.
Petitioner further requst this CoUrt deem these subponeas as continuing and any additional information including any conclusions options relating in any way to these subponeas which petitioner acquire a subseqent to the date of these subponeas, shall be furnished to petitioner promptly after such information is acquired.
CONCLUSION
UBS's and Schwab's Medallion guarantees on the Watkins replacement stock certificates, are newly discovered evidence which, if proven and viewed in light of the evidence as a whole would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the petitioner guilty the offenses. For these reasons stated herein, the Court should grant subponeas to allow him to get his evidence of innocence. This would allow petitioner to file a request for authorization to pursue a second or successive application for relief under 28 U.S.C. § 2255, in the Sixth Circuit Court of Appeals.
Respectfully submitted,
_________________
David B. Todd III
No. 15240-075
FPC-Manchester
P.O. Box 4000
Manchester, KY 40962
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing "MOTION TO ISSUE SUBPOENAS FOR EVIDENCE OF INNOCENCE", was mailed to:
Jimmie Lynn Ramsaur
Assistant United States Attorney
110 9th Ave. S.
Suite No. A-961
Nashville, TN 37203-3870;
and
James A. Simmons
Petitioner's Appeals Counsel
P.O. Box 2934
Henderville, TN 37077
_________________
David B. Todd III