G A R Y N. S C H E P P S
A T T O R N E Y & C O U N S E L O R
DRAWER 670804
April 5, 2011
Hon. Judge W. Royal Furgeson, Jr.
United States District Judge
1100 Commerce Street, Room 1359
Dallas, Texas 75242-1001
Re: 3-09CV0988-F In Re Jeff Baron Receivership
Your Honor,
I am deeply concerned about the receiver's conduct and latest filing.
On Wednesday, the receiver’s counsel sent Mr. Baron an email and instructed him
that Friday at 4:30pm to “Please dial in to 866-420-4353/code 826697 Thank you.” The
receiver’s counsel then sent a second email with an updated phone number. When I
called in for Mr. Baron as instructed, I announced that I was on the line and was
immediately yelled at for harassment.
The receiver has now filed what appears as a pre-planned motion claiming that
(1) no email was sent to Mr. Baron; (2) we are in secret contact and a conspiracy with
Mr. Harbin who provided the information; and (3) I 'crashed' the secret meeting in a
'pattern' of harassment.
It is a pile of garbage. We have the emails from the receiver to Mr. Baron with
their instructions to call in. It was a 100% pre-planned setup. The receiver sent Mr.
Baron at least two emails directing him to call a phone number at a fixed time. Now the
receiver has represented to your honor that no such letter was sent, and I 'harassed' them
by calling in a number I obtained in secret through a conspiracy with Mr. Harbin.
The receiver 100% manufactured this event and 100% has misrepresented to
this Court. The receiver's staging of this ‘incident’ is clearly designed to discredit
counsel and push the Court into angry action.
Case 3:09-cv-00988-F Document 437 Filed 04/05/11 Page 1 of 2 PageID 16447
Hon. Judge W. Royal Furgeson, Jr.
April 5, 2011
Page 2
My guess is it has to do with the receiver’s attempt to sell the LLC domain assets
at 5 cents on the dollar in secret private sales. The receiver apparently believes this
court’s goal is to destroy Mr. Baron and the trust he set up to fund diabetes research,
under the guise of paying receiver fees and ‘attorney claims’. The law clearly does not
support that, and the receiver is threatened with not receiving part of the fee they desire if
your honor follows the law. That appears to be the motivation for the receiver to set up
this ‘incident’– to give passionate impetus not to let ‘them get away with it’ by
disregarding the law and acting ‘in the interest of justice’.
I hope your honor will not bite into the sandwich the receiver has prepared. I will
file a formal response, and attach a full copy of the emails.
With respect to Jeff personally, the tax return issue is a new one raised by the
receiver. No law authorizes a receiver to file an individual's tax return for them. Even a
prisoner in custody files their own tax return– the warden does not do that for them.
While stripping Jeff of his rights with respect to his tax returns (if the law and
constitution permitted such a thing) drives up the receiver's fees it does not serve any
goal or purpose set by this Court. If the receiver has any legal precedent that a receiver
can file an individual's federal tax return without their consent, they have kept it well
hidden. I will address this in a formal response, but would be saved much effort if your
honor clarifies that Mr. Baron is to file his own individual tax returns.
Very truly yours,
Gary N. Schepps
Court Ordered trial counsel for Jeff Baron
Case 3:09-cv-00988-F Document 437 Filed 04/05/11 Page 2 of 2 PageID 16448

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