Lawrence J. Gerrans is a devoted Husband of 30 years, Father’ of five (5) Children and a successful innovator and Businessman who rose through the ranks of three (3) Fortune 500 Life Science Companies before founding Sanovas, Inc. (''Sanovas''), a private life science corporation domiciled in Sausalito, California. Mr. Gerrans invented, wrote and assigned to Sanovas more than 200+ multi-national patents and trademarks, seeding nearly 400 unique technologies and over 35 "breakthrough" procedures, to be commercialized through 27+ disease specific subsidiaries. In exchange for contributing his intellectual properties, procedures and companies, he was subscribed a majority of the stock and assets of his businesses, granted management authority and veto powers, and, by proxy, ownership over four (4) of Sanovas, Inc.'s five (5) board seats. Mr. Gerrans served as the Chairman, President and Chief Executive Officer of the enterprise through December 31, 2018.
BUILDING WHAT LEGACY INSTITUTIONS WOULD NOT
Sanovas was inspired to cure, not coddle. Mr. Gerrans structured joint ventures and patent license agreements with clinicians at Mayo Clinic, Stanford, Harvard, Johns Hopkins, UCLA, the University of Saskatchewan, and partners in China. He created an Innovation Center and Venture Capital Fund at the Suzhou Institute for Nanotechnologies and Nano-Bionics (SINANO). With no institutional capital, Mr. Gerrans proved the effectiveness of Social Finance and his Equity Crowd Funding Model by organizing 28 subsidiary corporations in a life science accelerator and growing the enterprise to a valuation independently assessed at $1.34 Billion.
BREAKING THE SPELL OF “DISEASE MANAGEMENT”
Once Mr. Gerrans pivoted his focus to curative technologies – including inventive concepts aimed at conditions like Lung Cancer, Asthma, Mesothelioma, and High Blood Pressure - doors that once opened started slamming shut. Investors who had once backed him stopped taking calls. Quietly, they told him why: he was disrupting the entrenched business paradigm they termed “Disease Management”. Dress it up as they wish, but their profit engine is reliant upon recurring revenue – in the form of pills, injections, and potions – not cures. Disease Management pacifies patients’ symptoms over their lifetime. It cures no one.
Think of High Blood Pressure, Diabetes and Asthma? These are common medical conditions which have addicted patients to daily regimens of renal denervation, insulin and bronchial dilator medications over their lifetimes. Conditions Mr. Gerrans has developed inventive concepts to cure.
Nonetheless, Dark Pharma has romanticized Disease Management as a constructive, multi-disciplinary collaboration for the good of Patient Care. The ruse is best evidenced in Wikipedia, as follows:
"Disease Management refers to a coordinated approach to improving the health outcomes of individuals with chronic conditions through structured programs and proactive care."
"What is Disease Management?
In Wikipedia's definition, please note the requirement of "medication adherence" and the general understanding that these 'chronic' conditions require "regular monitoring" over time. This definition creates the economic parameters and conditions which justify doctor office visits (for which Doctors receive up to $150 in payment just for the visit) and the pacification of symptoms via the consumption of medications, in perpetuity. This is not a definition justifying health. This is a definition justifying the business of healthcare.
Mr. Gerrans rejected this paradigm and this future for healthcare.
He chose cures.
COLLIDING WITH BIG MONEY’S GATEKEEPERS
Leaving the Fortune 500, Mr. Gerrans needed growth capital to bring curative tech to patients. What he encountered was an ecosystem where large financial actors and corporate incumbents effectively decide who wins and who loses – and cures, by definition, threaten recurring revenue. The message was blunt: play by our rules, or don’t play at all.
So, he changed the Rules.
LEGISLATING INNOVATION CAPITAL: INVENTING SOCIAL FINANCE & EQUITY CROWD FUNDING
Facing investment resistance and certain failure, Mr. Gerrans drew on his own self-directed IRA investing and the interest of friends and family who had witnessed his achievements up close. He initiated advocacy with congress to expand securities laws and regulations to incentivize capital gains tax credits for small business investment and to legalize social finance and crowd funding.
Mr. Gerrans architected and advocated legislative modification to the safe-harbor exemptions within SEC Regulation 'D', Rule 506(b) of the 1933 Securities Act to legalize the advertisement and promotion of Private Equity Investment Offerings to verified, accredited investors to open private markets to Main Street. The advocacy succeeded in creating a new Rule 506(c) under the 2012 JOBS Act. Using these rules, Mr. Gerrans raised over $70 Million for his Companies.
THE INCIDENTAL DISRUPTION OF ENTRENCHED COMPETITIVE INTERESTS IN THE WALL STREET ECOSYSTEM
Mr. Gerrans did not bow to Wall Street syndicates. The model of Social Finance and Equity Crowd Funding Mr. Gerrans innovated deployed new technological advances occurring in the early 2000's in Silicon Valley in cloud storage, electronic security, digital tracking and archiving, digital signatures, IRA investing, and Wire Funds Transfers - to automate, track, trace, validate and verify due diligence, automate banking, and expand access to capital.
In building a system and method of transparent data rooms, digital diligence, e-signatures, traceable funds movement, and IRA participation Mr. Gerrans reformed the legacy institutions on Wall Street in Investment Brokerage, Printing and Clearance Housing ('Book Running'), Securities Risk and Compliance Management, Private Equity and Venture Capital, and have irreversibly transformed the Wall Street and Main Street Securities eco-system, for the better. That stack has not just financed Sanovas; it modernized private capital formation and has served to enrich ordinary retirement portfolios that had long been fenced out.
THE 'DOG WHISTLE'
In January 2015, UC Berkeley’s Fung Institute, Program for Entrepreneurship and Social Finance, wrote a Case Study on Lawrence Gerrans execution of his Equity Crowd Funding Model. The Case Study was entitled, "How to build a $710 Million Biotechnology Company in Silicon Valley ... without Silicon Valley ~ The Gerrans Chronicle".
Within days, Sanovas' servers at Google were hacked by what Google termed "a targeted and highly sophisticated triple malware threat" involving a Phishing Scheme, a Worm and a Trojan Virus". Sanovas’ website, email, and cloud repositories were shuttered and rebuilt under elevated security and multifactor authentication. This event is relevant because of what followed.
WHEN DISRUPTION MEETS THE ADMINISTRATIVE DEEP STATE
As Sanovas grew in Sausalito, the enterprise expanded into as many as five (5) office complexes in three (3) buildings in the Liberty Ship Harbor area of Sausalito - a small, 400-yard-long World War II era shipyard. Looking to expand operations and consolidate facilities, Sanovas entertained the development of a new building with the Harbor Master, who was looking to expand and upgrade the Harbor Masters office and facilities. This 30,000 sq.ft. expansion was met with resistance from the "Residents on the Hill" who filed petitions and wrote letters in opposition to the Mayor and City Council expressing fears that the impact of commercial development would negatively affect their sight-lines, property values, and quality of life and create increases in traffic and crime in their neighborhood. The development initiative was scrapped, and the Harbor Master was only permitted to build a modest expansion and upgrade to his existing Building.
Mr. Gerrans then pursued a $70 million economic development and minority Job creation and growth initiative focused on modernization of existing warehouses and spaces in the Liberty Ship Harbor, along with the enthusiastic support of U.S. Senator Diane Feinstein whom Mr. Gerrans had appeared in a promotional video and with whom Sanovas was actively Lobbying support for Senator Feinstein's "Lung Cancer Mortality Reduction Act - which was signed into Law as part of the 'Recalcitrant’ Cancer Act’. Senator Feinstein's husband had contracted Lung Cancer. For Sanovas part, Senator Feinstein pledged to support Sanovas lease of the warehouse space(s) in the Liberty Ship Harbor which were still owned by the U.S. Army Corp of Engineers and had been in disrepair since World War II. Senator Feinstein further supported Sanovas EB-5 Visa investment program, up to $150 million, so long as the monies were dedicated to warehouse modernization and minority Job creation in Sausalito, San Rafael and Northern California's Highway 101 corridor in Marin and Sonoma Counties.
Sanovas initiative to create 4,435 Jobs in Sausalito for the African American community from Marin City and in San Rafael for the Hispanic community there, along with Mr. Gerrans’s initiative to create a $1 Billion 'Bio-Innovation Corridor" adjacent to the route of the New S.M.A.R.T. Train (Sonoma Marin Area Rapid Transit) along the HWY 101 corridor was a ''bombshell" proposal which, unbeknownst to Mr. Gerrans, had ‘anti-growth’ residents, merchants and politicians scrambling to stop Sanovas and Mr. Gerrans growth initiatives. The evidentiary record in this regard is robust.
For informational purposes, Sausalito is an affluent, exclusively liberal enclave of approximately 7,000 politically active Residents just north of the Golden Gate Bridge in Marin County. Many of these residents are wealthy biotechnology executives. In fact, Sausalito's Mayor, Ray Withy, was a retired, well-connected and wealthy Biotechnology executive.
At the time, the Sausalito school district had been taken over by the United States Department of Education and its officials were under investigation for having already segregated Marin City's African American and minority children out of Sausalito's elementary schools. This is a matter of federal and public record.
Sanovas' $150 million economic development authorization was also a matter of federal and public record(s) at the time, as it was filed with the United States Citizenship and Immigration Service (U.S.C.I.S) EB-5 Visa program. Mr. Gerrans and Sanovas, Inc. lobbying activities and expenditures in Washington D.C., for the Sausalito ‘EB-5’ expansion and related Cancer and Crowd-Funding advocacies, were also registered with the Federal Election Commission (F.E.C.). Mr. Gerrans political status as a Right to Life Republican was also a matter of public record and was not appreciated in Marin County.
Mr. Gerrans’ speeches and presentations to the California Governor's Office, County Supervisors, City Councils and Marin Economic Forum illuminated the economic and commercial growth initiatives Mr. Gerrans was spearheading to recover Job Losses and to create job growth in the community where he grew up and to revitalize old and dilapidated infrastructure - with a vision to create a ‘Silicon Valley North’ of the Golden Gate Bridge. So, Mr. Gerrans plans and objectives for Sanovas, his companies and his community were quite visible to AUSA Robin Harris, her fellow ‘Residents on the Hill’ in Sausalito, Activists and Politicians in Northern California.
PROSECUTORIAL CONFLICT OF INTEREST AND PROSECUTORIAL MISCONDUCT
At the time, Robin Harris was employed as an Assistant United States Attorney (AUSA), was a resident of Sausalito who lived in a $3.5 Million Mansion 'On the Hill' - in close proximity to the Liberty Ship Harbor - who was a civic activist politician running for election to the Sausalito City Council, a ‘partisan political body’, with stated and documented personal, financial and political concerns which ran in direct opposition to the economic development, minority job creation, and growth initiatives Sanovas and Mr. Gerrans were spearheading in Harris' neighborhood. See "Robin Harris Petition for Election to the Sausalito City Council", dated May 17, 2017.
Records reveal that, at the time, a government investigation into Sanovas, Inc. had been initiated, despite the fact that the Government possessed NO constitutional authority nor statutory right (regulatory nor property) to trespass into the private affairs of a private corporation to seek out a 'controversy' in which to manufacture a 'case' to tortiously interfere with Sanovas', its shareholders, nor infringe upon Mr. Gerrans constitutionally protected enforcement of his intellectual property and commerce rights (in accordance with Article I, Section VIII, Clause VIII, and the 4th, 5th, 6th and 14th Amendments of the United States Constitution).
Records prove that subsequent to the Google hack in 2015 the United States Attorney's Office for the Ninth District had obtained and served a ‘secret subpoena’ on Google, Inc., via what is believed to be a "F.I.S.A. Warrant'' - which is now well-known to have been a commonly used administrative and procedural 'Side-Step' in abuse of the legal process back in 2015, to secretly monitor Sanovas, Inc.'s employee e-mail communications and corporate records at Google.
Records prove that Sanovas, Mr. Gerrans nor Mr. Gerrans companies were targets of this 2015 case number nor its illicit subpoena, which was furthered used to obtain Sanovas, Mr. Gerrans and his companies Bank Statements, and that this illicit 2015 case number and its subpoena nor its records were ever disclosed to Mr. Gerrans defense in a criminal indictment brought by AUSA Robin Harris against Mr. Gerrans, personally, on July 12, 2018 for non-offensive conduct against the United States. Mr. Gerrans was criminalized for what is a Civil matter, if it is a legal matter at all. This 'investigative’ subpoena was obtained for no other reason than to spy on Sanovas and to seek out a 'Controversy' in which to manufacture a 'Case' to tortiously interfere in Sanovas business and to publicly disgrace and discredit its founder, Lawrence Gerrans. Thereby permanently damaging the company and expiring Lawrence Gerrans patents and trademarks.
DEEP STATE SURVEILLANCE AND INTRUSION - C.I.A. ILLEGALLY OPERATING ON U.S. SOIL
Records prove that, at the time of the Google hack in 2015, Sanovas, Inc. was then infiltrated by C.I.A. Operatives (William "'Bill'' Gleason, a Marin County Resident, et al.) and Foreign Agents - illegally operating on domestic U.S. soil - to monitor, investigate, and disrupt Sanovas while posing as 'Investors’ and 'Distributors' of Sanovas Products and Technologies through its clandestine Corporation 'Cellmark International, Inc.’ (Note the use of the word ‘mark' in Cellmark). Bill Gleason was a Marin County Resident who set up Cellmark in an Office Space adjacent to Sanovas and who used his sizeable $650,000 investment as justification for his right to access the Company, without prior notice, to inspect its research & development and manufacturing operations and to make inquiries of management and employees on Sanovas business affairs and to act like an activist investor.
This begs the Question:
"Where does a C.I.A. Operative obtain $650,000 to invest in a Start-Up Company … in the United States?"
ABUSING THE MAGISTRATE COURT AND GRAND JURY PROCESS
Robin Harris was the sole and exclusive AUSA leading the Investigation of Sanovas, Inc. and then Mr. Gerrans. Acting under the color of Federal authority, AUSA Harris, and others under her direction, abused their influence and the legal process, in violation of the Law, to access what, upon information and belief, was a F.I.S.A Court to obtain the secret subpoena, using the unrelated, ill-gotten, and never reported 2015 case number, to secretly monitor and investigate Sanovas, Inc. AUSA Harris then, upon information and belief, failed to disclose the 2015 case number, its Grand Jury, or findings to an independent Magistrate Court Judge nor obtain permission from an independent Magistrate Court Judge to use the 2015 case or its Grand Jury information in a new and separate Grand Jury and Case Number used to indict and prosecute Mr. Gerrans.
Instead, upon information and belief, AUSA Harris weaponized these illegal, illicit and ill-gotten Grand Jury materials to obtain a new Grand Jury and a new case number. Operating without oversight, by an ''Acting'' United States Attorney, AUSA Harris then selectively controlled what facts and evidence the new Magistrate Judge and Grand Jury were able to see and the instructions they were to follow. AUSA Harris then hurriedly obtained an Indictment against Mr. Gerrans, on July 12, 2018, to stop Sanovas Fundraising efforts, while Mr. Gerrans and Sanovas Investment Team were, literally, standing on Wall Street (taking pictures in front of the Bull) raising monies in preparation for taking Sanovas, Inc. Public.
USING SEC & FINRA REGULATIONS TO TORTIOUSLY INTERFERE IN MR. GERRANS BUSINESS
This act was the epitome of tortious interference, because indicting Mr. Gerrans without facts and evidence, which could only be obtained from Corporate Records - which in fact proved Mr. Gerrans management actions were lawful and directed at the advice of legal counsel and professionals, to hurriedly manufacture an indictment, discredited, disparaged and devalued both Mr. Gerrans and Sanovas.
The July 12, 2018 Indictment's sole purpose was to stop Mr. Gerrans and Sanovas from raising monies in the Public Markets, because pursuant to SEC and FINRA Regulations, a company cannot raise monies in the Public Markets if one of its Directors or Officers is under indictment because a Federal Grand Jury Indictment creates probable cause that a crime may have been committed. AUSA Harris' misconduct was patently, blatantly obstructive and tortiously interfered with Mr. Gerrans and his shareholders patent rights and economic interests. The act poisoned Sanovas shareholder value and served to turn the most successful crowd funded investment story in history into the most cautionary tale against crowd funding.
INVESTIGATIONS IN SEARCH OF A CRIME
Records prove that, at all times, AUSA Harris led an investigation in search of a crime. This is evidenced by D.O.J. investigative inquiries with the F.D.A - in search of FDA Regulatory Fraud; with the SEC - in search of Securities Fraud; with Sanovas' Investors - in search of Investor and "Blue Sky Law'' violations. The Government used wire taps and undercover agents, ‘Jonathan Lucas' and ‘Nina Ochoa’, to pose as ‘interested investors’ to gain access to Sanovas Investors, Employees and Mr. Gerrans to entrap them and to investigate their Company. AUSA Harris spent four years, tens of millions of Taxpayer Dollars and a myriad of investigative techniques and methods that all led absolutely nowhere. At one point, the Government placed a fake bird on a tree outside Sanovas’ offices to intercept cell phone calls. NONE of these investigative inquiries were warranted nor did they have ANYTHING to do with the illicit charging scheme AUSA Harris eventually pinned on Mr. Gerrans to disrupt and tortiously interfere with his Patents and Businesses.
DISRUPT, DISCREDIT, DIVIDE
Former FBI Agent Michael German blew the whistle on the FBI's corrupt practices, which were ongoing during the Governments illegal investigation into Sanovas and then Mr. Gerrans between 2015-2018, in a book he authored, entitled "Disrupt, Discredit, Divide. How the new FBI Damages Democracy". Mr. German's book speaks directly to the corrupt practices AUSA Harris engaged in against Sanovas, Mr. Gerrans, and his Investors.
By arbitrarily and capriciously charging Mr. Gerrans with Wire Fraud AUSA Harris was able to use SEC and FINRA Regulations to discredit Mr. Gerrans, disrupt his Company, disenfranchise Sanovas’ Investors, and dislocate Mr. Gerrans from his patents, products, companies and investors, destroy his life’s work, his family and his good reputation. If these disruptions and discreditations were not enough, within 28 Days of Mr. Gerrans indictment, Bill Gleason (C.I.A. Operative) was then used to generate a Civil Class Action Lawsuit against Sanovas to further divide Mr. Gerrans from his Investors and to aid the Governments search for a crime.
FINANCIAL CHOKE OUT
Immediately upon Mr. Gerrans Indictment, AUSA Harris illicitly influenced a Magistrate Court to freeze Mr. Gerrans assets and serve a Lis pendens on his family's Home. This financial ‘choke out’ prevented Mr. Gerrans from obtaining the funds to mount a proper defense and, instead, placed Mr. Gerrans defense in the hands of a Directors & Officers Insurance Policy which Mr. Gerrans was not allowed to control and which limited Counsel compensation to only $315 per hour – a ridiculous sum for quality Counsel in San Francisco.
This resulted in Mr. Gerrans having to settle for cheap, inferior defense counsel, who abandoned Mr. Gerrans defense at Trial, in an absolutely egregious case of Ineffective Assistance of Counsel. Upon information and belief, Defense Attorney Brian Getz was either incredibly incompetent, corruptly influenced, extorted, or paid off (quid pro quo) by AUSA Harris to abandon Mr. Gerrans defense.
DISSENTING OPINION
In a Dissenting Opinion on Mr. Gerrans Case, Appeals Court Judge M. Miller Baker's ruling proves the point and infers as much:
"Here, because Gerrans’s trial counsel never bothered to interview several key witnesses, he could not possibly have made professionally responsible decisions regarding which witnesses to call and which evidence to introduce. According to the declaration of Gerrans’s post-trial counsel, who reviewed the relevant records, trial counsel never interviewed Sanovas’s CFO Farrell, whose emails established that Gerrans’s expense reimbursements were authorized, and who calculated that the company owed Gerrans over $700,000 in deferred compensation. Nor did Gerrans’s trial counsel interview the attorneys at King & Spalding, who specifically advised Gerrans that he would face steep tax penalties if he delayed in taking the money due to him under his deferred compensation arrangement. As Gerrans’s only defense to the wire fraud charges against him was that he thought he was entitled to the receipt of the funds in question, trial counsel’s failure to at least interview Farrell and the King & Spalding attorneys was inexcusable, as those witnesses might have vouched for his defense. As if that weren’t bad enough, trial counsel also inexcusably failed to interview Swisher and Huante, the two witnesses to the confrontation between Gerrans and his brother Chris that undergirds the contempt, witness tampering, and obstruction of justice charges. Again, these witnesses might have vouched for Gerrans’s defense at trial, and to make a professional judgment about whether to call them, counsel needed to interview them. “[C]ounsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary.” Strickland v. Washington, 466 U.S. 668, 691 (1984). “A lawyer who fails adequately to investigate, and to introduce into evidence, [information] that demonstrates his client’s factual innocence, or that raises sufficient doubts as to that question to undermine confidence in the verdict, renders deficient performance.” Reynoso, 462 F.3d at 1112 (quoting Lord v. Wood, 184 F.3d 1083, 1093 (9th Cir. 1999) (brackets in Lord)). In that same vein, we have held that “[f]ailure to investigate possible exculpatory witnesses can be ineffective assistance.” United States v. Mendoza, 107 F.3d 878, 1997 WL 97279, at *1 (9th Cir. Mar. 4, 1997) (citing Sanders v. Ratelle, 21 F.3d 1446, 1456–58, 1461 (9th Cir. 1994)); see also United States v. Tucker, 716 F.2d 576, 583 (9th Cir. 1983) (failure to even attempt to interview key prosecution witnesses constitutes deficient performance). Here, there is simply no conceivable tactical justification for defense counsel’s flagrant abdication of the duty to fully prepare. See Riley, 352 F.3d at 1318–19. Since the failure to interview many critical witnesses in connection with Counts 1–6 and 10–12 is so glaring, I do not think we need to wait for Gerrans to develop a separate record through a 28 U.S.C. § 2255 motion. Riley, 352 F.3d at 1319–20. In my view, these “multiple deficiencies have the cumulative effect of denying a fair trial” to Gerrans as to those counts. Ewing v. Williams, 596 F.2d 391, 396 (9th Cir. 1979).
Trial counsel’s abject failure to interview key witnesses standing alone warrants a new trial in connection with Counts 1–6 and 10–12, but unfortunately for Gerrans, his counsel dug an even deeper hole at trial by failing to put on any affirmative defense in connection with any of the charges against him. As a result, the jury never learned of various potentially exculpatory documents, such as the email from Farrell authorizing the challenged reimbursements, the memorandum from Farrell outlining the deferred compensation owed to Gerrans, the email from the King & Spalding attorneys advising him to take the deferred compensation to avoid tax penalties, an accounting firm’s report detailing the money owed to Gerrans, and Gerrans’s employment agreement authorizing a loan to him to purchase a home. Nevertheless, unlike the failure to interview critical witnesses—which seems to me patently unreasonable in these circumstances—trial counsel’s highly suspect failure to put on any affirmative defense is better suited for resolution in a subsequent collateral proceeding."
“Trial counsel’s highly suspect failure to put on any affirmative defense” is a fairly strong inference by Judge Baker that Getz is incompetent or he threw the case, or both.
DE-BANKED
On December 31, 2018, approximately one (1) year before Mr. Gerrans Trial, JP Morgan Chase Bank, Wells Fargo, and Bank of America "De-Banked" Mr. Gerrans, his wife, his four (4) daughters, and his Companies. Upon waking up, on New Years Day 2019, Mr. Gerrans went to the market to buy Donuts and Coffee for his Wife and Daughters, only to learn that ALL of his Bank Accounts had been closed on the orders of the United States Government!
Over 25 Personal and Business Bank Accounts across three (3) Banks and a Credit Union had been wiped out of their funds and closed by private Banks on the orders of the Government. This occurred over thirteen (13) months BEFORE Mr. Gerrans guilt or innocence would be heard by a Jury in a Court Room!
There was NO legal basis for these Banks to comply with this unlawful order.
This is Totalitarian Rule over our public and over, what is supposed to be, our “Private” Banking system.
“SO, WHY ARE YOU BEING CRIMINALIZED?”
Upon review of Mr. Gerrans case, his original, privately paid attorneys lamented that "This is a civil case, if it is a legal case at all. So, why are you being criminalized?"
This prompted his Attorneys to investigate Assistant United States Attorney Robin Harris. This revealed the fact that Robin Harris lived in a $3.5 Million Mansion in Sausalito, on the Hillside in proximity to Mr. Gerrans Offices in the Liberty Ship Harbor, and that Robin Harris was running for Election to the Sausalito City Council, a politically partisan government office, at the same time a Federal Department of Education investigation was ongoing for racial segregation against African American children, and at the same time as Sausalito City Council was entertaining petitions in opposition to development in the Liberty Ship Harbor, from Robin Harris constituents "On the Hill". At the time, Mr. Gerrans was the only individual seeking expansion in the Liberty Ship Harbor.
INVESTIGATING THE INVESTIGATOR
Mr. Gerrans was advised, by Counsel, to initiate investigation and litigation against Robin Harris and to have her taken off the case due to her conflicts of interest, ethical violations and misconducts, which are in criminal violation of 18 USC 201, 208 and 227 and the "Hatch Act".
When Mr. Gerrans was forced to take on Brian Getz as Defense Counsel, he directed Brian Getz to bring Robin Harris Conflicts of Interest forward to her superiors at the Department of Justice and to the District Court to have Robin Harris taken off the case. Getz declined.
So, Mr. Gerrans put together a legal defense fund and hired Attorney Lawrence Murray to pursue the investigation and removal of Robin Harris and to seek a "Motion to Dismiss All Counts".
VINDICTIVE PROSECUTORIAL CONDUCT
On August 7, 2019, at a pre-trial hearing, Lawrence Murray announced that the “Motion to Dismiss All Counts” would be filed on Monday, August 12, 2019. Court Docket 39 reflects: “Motion to Dismiss Counts 1 thru 4 will be filed 8/12/2019; opposition due 8/21/2019; to be heard 8/28/2019 at 2:30 p.m.”
Upon announcement, Robin Harris became hysterical and threatened the Court and Mr. Gerrans that "If they bring a Motion to Dismiss All Counts, I will bring more Charges your Honor". This was an unlawful threat of retaliation and intimidation against Mr. Gerrans for doing what the law plainly allowed Mr. Gerrans to do. Getz did not object and the Judge rolled over and took no supervisory action against Harris for her blatant threat of retaliation and vindictive prosecutorial conduct.
JUDICIAL & PROSECUTORIAL OBSTRUCTION OF JUSTICE
On Monday, August 12, 2019, Lawrence Murray filed the "Motion to Dismiss All Counts".
On Tuesday, August 13, 2019, Robin Harris had a witness (who was the real criminal in the case) track, trace and entrap Mr. Gerrans into a verbal conversation under inaudible Cameras to set up Mr. Gerrans for a Witness Tampering charge. Ostensibly, to obtain leniency in his own criminal case.
On Wednesday, August 14, 2019, Robin Harris moved the Court to revoke Mr. Gerrans Bond for witness tampering and have Mr. Gerrans incarcerated.
As Mr. Gerrans exited the Court Room, after the impromptu Court Hearing, holding his wife's hand and with his arm around his daughter - on their way to her freshman year in college, Mr. Gerrans was jumped by multiple court officers, U.S. Marshall's and FBI Agents in a ridiculous show of force and arrested him in front of his wife and daughter. With mascara and tears running down his wife and daughters face, Robin Harris stood jubilant, "High-Fiving" people. From this day forward, the Court and Defense Counsel Getz rolled over and protected Ms. Harris and kept Mr. Gerrans incarcerated.
On August 21, 2019 ”By request of the parties, [42] “Motion to Dismiss” is taken off calendar, without prejudice. Briefing dates and hearing date vacated by the Court.”
On the exact day the Prosecutions opposition was due, the “parties” (Judge, Prosecutor, Defense Counsel) took the Motion to Dismiss “off calendar”.
In the day’s prior, Mr. Gerrans defense fund under Attorney Lawrence Murrays Trust account was liquidated and De-Banked and Attorney Murray was run off Mr. Gerrans case.
SLANDERED
Prior to Trial, and unbeknownst to Mr. Gerrans, Robin Harris elicited a false, slanderous and defaming statement from the Trial Witness who corruptly entrapped Mr. Gerrans on August 13, 2019. When the witness informed AUSA Harris about his knowledge that Mr. Gerrans wanted AUSA Harris “taken off the case”, Harris engaged in 'word salad' with the witness and manipulated the statement to mean Mr. Gerrans wanted to "take out" AUSA Harris, rather than "take AUSA Harris off the case".
Upon information and belief, AUSA Harris and the Witness then negotiated further leniency for the Witness if he held the line on this false narrative and embellished a story. AUSA Harris then ran the false narrative to the Judge and Marshall's, to bias the Court against Mr. Gerrans, requesting Mr. Gerrans be shackled to the Court table because she feared for her life. AUSA Harris then slandered and defamed Mr. Gerrans by soliciting the media to publish this false narrative in the media.
FIRST AMENDMENT DENIAL OF RELIGIOUS FREEDOM
Meanwhile, while Mr. Gerrans sat quietly at the Defense table reading his Bible at the pre-trial Hearing, on the Friday before Trial, AUSA Harris became hysterical. She yelled to the Judge, "Your Honor, Mr. Gerrans is holding a Bible. He cannot have that in here. You must remove that Bible from the Court Room."
The Judge asked Mr. Gerrans to cover the Bible. AUSA Harris then yelled at the Judge. "No. Your Honor. He cannot bring a Bible into the Court Room. You must tell him not to bring it here."
Mr. Gerrans attorney then ripped the Bible out of Mr. Gerrans hands and put Mr. Gerrans Bible into his Brief Case and told the Court. "Mr. Gerrans will not have a Bible in the Court Room Your Honor."
From that point forward, Mr. Gerrans was without his Bible during the course of Trial. Both the Ninth Circuit Court of Appeals and the Supreme Court failed to hear Mr. Gerrans case, nor reverse the Trial, for this violation of Mr. Gerrans Constitutional Rights and Protections.
ISOLATED AND DECONDITIONED
While awaiting Trial, Mr. Gerrans was abandoned by his Trial Counsel. Brian Getz failed to consult with Mr. Gerrans, give Mr. Gerrans Discovery, interview witnesses, hire corporate, financial or accounting experts, nor prepare Mr. Gerrans to testify at Trial.
In fact, Getz forbid Gerrans from speaking whatsoever. When Mr. Gerrans raised his hand to speak to the Judge, Getz interrupted Mr. Gerrans and made requested to the Judge that “If my client speaks, I will ask the court to have my client gagged.”
FAILURE TO PREPARE
Post Trial Appellate Counsel for Mr. Gerrans has testified on the record that Brian Getz failed to review Discovery nor open or review boxes of exculpatory evidence and corporate governance documents that Mr. Gerrans and the Government gave Getz to review. Brian Getz has even conceded, in writing, that he failed to prepare for Mr. Gerrans Trial. Both Appellate Judge Baker’s scathing dissent and Judge Hurwitz commentary at Oral Hearing criticized Brian Getz failure to prepare.
STANDING UP FOR INDIGNANT, DEPLORABLE CONDITIONS
Prior to Trial, Mr. Gerrans was placed into deplorable conditions of confinement, contracted a MRSA Flesh-Eating Bacterial Virus due to unsanitary conditions, found Rat Feces in his food tray, and witnessed violence and drug abuse at astonishing levels.
After standing up for Inmate rights and human dignity in a 'Hunger Strike' and subsequent lawsuit, Mr. Gerrans was placed into solitary confinement and relocated four (4) times in the two months prior to Trial, including a prison transfer on the eve of trial.
After working 18+ plus hour days and traveling the world to build his company and commercialize his Patents, Mr. Gerrans life, family and businesses were brought to a stunning halt. The isolation in a 9x6 Cell for 72 hours at a time with 1.5 hour breaks in between, to shower and get hot water, had the literal effect of "Hitting a Wall".
The solitary isolation, mistreatment and abandonment by counsel was a “Suicide Trap” intended to isolate, decondition, and break Gerrans down prior to Trial. These are/were tactics right out of the Abu Grab Prison Experiment during the Iraq War and they were executed against Mr. Gerrans. This is only the 'Tip of the Iceberg' as to the mistreatment exacted upon Mr. Gerrans prior to, during and after his Trial.
KIDNAPPED
After being railroaded at both Trial and Sentencing, Mr. Gerrans was literally kidnapped and placed into solitary confinement at a high security Federal Penitentiary and denied access to any communications with his Family or his Appeals Counsel for months, over the Christmas and New Years Holiday, and while AUSA Harris moved the Court to seize the Gerrans Family Home, without giving any notice or financial consideration to Mrs. Gerrans, or the Gerrans children's ownership rights due and owing them per the terms of a pre-existing Family Trust.
SILENCED & ROBBED
Denying Mr. Gerrans communications with his family and lawyers during the illicit forfeiture case precluded Mr. Gerrans from fighting for his Family's ownership rights and protections and allowed the Government to steal the Gerrans family home right out from under them. The Court did nothing to protect Mrs. Gerrans rights as an injured spouse nor the Gerrans five (5) children's protections to their legal ownership in their family home. Instead, Mrs. Gerrans and her teenage daughters were rendered penniless and forced out of their home and schools in the midst of the COVID crisis.
SHAMED AND CANCELLED
The experience was especially devastating to Mr. Gerrans wife and daughters because the “Cancel Culture” was its height. The media campaign AUSA Robin Harris waged against Mr. Gerrans to influence the Jury and tarnish the public’s perceptions of he and Sanovas had a multiplier effect against the Girls.
They were harassed in social media and verbally assaulted and denigrated at school. What made it worse was that Mr. Gerrans was a very public and active figure in the community. He grew up in the county, was an accomplished scholar-athlete, was a Head Coach for his girls' soccer, volleyball and lacrosse teams, he attended school field trips and helped out at their schools. This compounded the shame and guilt the Girls were, unduly, made to feel.
Incredibly, his daughters were kicked out of Marin Catholic by the Catholic Church, before he even went to Trial. In a ridiculous show of force, intimidation and harassment, multiple FBI Agents would park their cars down the street, wait for Mrs. Gerrans and the Girls to pull out of their driveway while on the way to school, stop and surround them in the middle of the street, with neighbors, classmates and families all around, just to serve them notices of process. AUSA Harris had the Government and the Court acting like complete lunatics.
DIESEL THERAPY
In the effort to continually dis-communicate, disconnect and disenfranchise Mr. Gerrans from speaking to his family and lawyers to obtain information and help them locate exculpatory records, AUSA Harris and other Government officials weaponized the COVID Pandemic to expose Mr. Gerrans to the virus, causing him to contract and almost die from the virus in deplorable conditions of confinement and abuse (sick, delirious and dehydrated, Mr. Gerrans was given Liquid Ajax Bleach and told it was Gatorade – causing him to convulsively vomit).
Mr. Gerrans was subjected to one of the worst cases of 'Diesel Therapy' and Solitary Confinement ever heard of. Within the first 35 months of his fraudulent conviction and unlawful incarceration, Mr. Gerrans was subjected to more than sixteen (16) institutional transfers, to six (6) different states, over 3,000 Miles, from California to Michigan and back.
COLLAPSE IN THE 'SEPARATION OF POWERS' AND BETRAYAL OF THE PUBLICS DEFENSE
The failure to adhere to the Federal Rules of Criminal Procedure, the circumvention of the Constitution and Statutory Laws, the abuse and manipulation of Magistrate Courts and Grand Jury's, the weaponization of the Government and COVID Pandemic, and the permissive harsh mistreatment of Mr. Gerrans, his Family and Appeals Counsel by the Executive Branch Officials in the Department of Justice, combined with the Judicial Branch's failures to exercise judicial supervision, protections of Prosecutorial Misconduct, blatant allowance of the abandonment of Defense Counsel, permissive mistreatment of Mr. Gerrans, neglecting his right to an honest and ethical defense and Trial, and, continual intellectually dishonest protection of a “Bad Conviction” points to a collapse in the “Separation of Powers”, a betrayal of the Public Defense and the corrosion infecting our Justice System.