Latest / Nightmare Success In and Out / All Charges Dismissed: Ryan Bloom’s 18-Month DOJ Nightmare
Transcript
- 0:00I talked about in the very beginning that you had this raid
- 0:03and and that in your neighborhood with your family
- 0:06and there's a picture of you coming out of of your house with
- 0:09your shorts on T-shirt and you know, all of a sudden your life
- 0:13is under siege. Did you have any idea that that
- 0:16was going to I had. No earthly.
- 0:18I got a phone call from my wife. She was travelling with two of
- 0:23our children, she said. Ryan, someone has called my
- 0:28phone over and over again. He says that he's an FBI agent
- 0:32and he is coming to arrest you. There's no way.
- 0:36Like what? What happens when your worst
- 0:39fear becomes your reality? Hi, I'm Brent Cassidy, welcome
- 0:43to the Nightmare Success In and Out podcast where we explore how
- 0:46to overcome your fears and nightmares to set yourself free.
- 0:50We're going to be exploring this topic with guys that was in
- 0:52Leavenworth with and others who survived their own nightmare.
- 0:56These stories can be inspiring, sometimes sad.
- 1:00There's some humor, but hopefully you can come away with
- 1:03a nugget of something that'll help you knock down some of the
- 1:05prisons you built up in your own mind.
- 1:08All right, welcome back Nightmare Success and out
- 1:11listeners. This is where you count for what
- 1:13happens when your worst fear becomes your reality.
- 1:14How do you adapt, survive, overcome, set yourself free.
- 1:17So who are we talking to today at Nightmare Success?
- 1:20Well, we've got our own Ryan Bloom and I'm going to tell you,
- 1:24Ryan and I are fellow people on the white collar support group.
- 1:28And he, he actually spoke to the white collar support group, not
- 1:32this Monday, but the Monday before and, and we had a
- 1:35conversation about a week or so ago.
- 1:39Ryan, as everyone knows who comes to this podcast, I hear a
- 1:43lot of stories. I've never heard a story like
- 1:45this one. This story is, I mean, every
- 1:48person that ever gets federally convicted are indicted, is
- 1:54looking for all charges dismissed, all charges
- 1:58dismissed. That's what happened to Ryan.
- 2:00But before that, he lived through an 18 month ordeal, a
- 2:03nightmare with the DOJ that opened with a shocking front
- 2:07yard gunpoint arrest and then it ended 18 months later with the
- 2:13dismissal of all charges. This case has it all.
- 2:16It is also something you never see or hear.
- 2:21You had a disqualification of a assistant US attorney.
- 2:27That hardly ever happens. I I bet it's less than 1% of any
- 2:31percentage of what you can get to.
- 2:35The other thing that just got me about this story is, is that
- 2:39Ryan was, I mean, when you have federal charges in the USA is
- 2:44versus your name, you're up against the wall like you've
- 2:47never felt in your life, man, the courage that he showed, he
- 2:51said he didn't feel courageous. I felt like when he told me this
- 2:54story, you couldn't have gone through this without
- 2:57unbelievable courage. And he, he researched like
- 3:01someone, you know, like your life depends on it, which you
- 3:04should. And we're going to talk about
- 3:06all that. But he got the right attorney
- 3:08and these guys wanted to fight. They knew that they had a case
- 3:11that should be fought. And Ryan did the work to get the
- 3:14ones in the in there in his corner to make it happen.
- 3:18I can't wait. So you jump into all this.
- 3:21Before we do, I want to recognize our show sponsor, Auto
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- 3:50concierge telling Brent from Nightmare Success sent you
- 3:54folks. I want to share with you a
- 3:55powerful and moving new book you won't want to miss.
- 3:57My name is Saffron Voices, Silence, stifled and taken away
- 4:02by author Saffron Gustafson. This isn't just a story.
- 4:05It's a journey through resilience, survival, and
- 4:07reclaiming your voice after being Silence for far too long.
- 4:10Saffron's story takes you inside.
- 4:11The hidden struggles, the pain, and ultimately the triumph are
- 4:14refusing to be defined by circumstances.
- 4:16As Saffron was putting the finishing touches on her book,
- 4:19The Prison, she had just been released from Federal Dublin.
- 4:22FCI was permanently closed because of sexual abuse of the
- 4:25women prisoners. If you've ever wondered what it
- 4:28takes to rise from the darkness of places, to find your truth
- 4:31and to speak it boldly, this book will inspire you.
- 4:35Pick up your copy of My Name is Saffron Today, available now on
- 4:39Amazon or wherever books are sold.
- 4:41Trust me, you'll be moved, challenged and changed by her
- 4:44story. Ryan Bloom, welcome.
- 4:47How are you? Hey, Brent, I'm doing well and
- 4:51excited to be here. Well, I'm excited to have you
- 4:53and, and I've been excited ever since I have heard this story
- 4:57because this is one of those stories.
- 4:59It's just a feel good story. Yeah.
- 5:00Did you financially get whipped upside the head?
- 5:03Absolutely. But usually you get whipped
- 5:06upside the head and go to prison.
- 5:07So this is a whipped upside the head and you walk out with a
- 5:10victory. And I just how are you feeling?
- 5:14Because this is something that just happened weeks ago.
- 5:17It's wild because we knew that the case was going to be
- 5:21dismissed back in November, but we couldn't talk about it.
- 5:28And so that was its whole own dynamic.
- 5:32And I thought that after I found out the case was going to be
- 5:35dismissed, I thought I'd feel relieved.
- 5:37I'd feel just this weight lifted.
- 5:40I might feel happy. I might feel so I didn't know
- 5:42what. I didn't feel anything.
- 5:45I just felt completely numb. I mean, I just, it was, I felt
- 5:51like AI felt like a zombie and it was just almost like that 18
- 5:55months of weight left me with just nothing left emotionally to
- 6:02give. It was, it was so weird.
- 6:04It was so weird for a couple of weeks.
- 6:06Well, and I think what that too is, is that you were running on
- 6:08adrenaline like you were, you were sprinting through a
- 6:11marathon and then all of a sudden they say it's over.
- 6:14You didn't even know where the finish line was.
- 6:16And, and there you are. Well, let's go back a little
- 6:19bit. Sure, you're an Oklahoma guy.
- 6:21Have you always been in Oklahoma?
- 6:24Yeah, born and raised in Yukon, that's the western suburb of
- 6:28Oklahoma City. Went to school up at Oklahoma
- 6:32State, moved back here. You know, I have a wife raising
- 6:38kids here, live fairly close to both of our folks and, and just
- 6:44kind of an Oklahoma guy through and through.
- 6:47How many? So you got Mom, dad.
- 6:49You have siblings. Yeah, so I have one sister.
- 6:53OK, one sister. She's married with kids that are
- 6:56my kids age. Very tight knit family.
- 6:59That's great. So just a good Oklahoma and and
- 7:02you've got I think 4 kids and a wife and and you know this so.
- 7:06I, I, I married, married my first girlfriend.
- 7:12We've been together. I, I mean, we've been, you know,
- 7:15for 21 years now and just felt like we grew up together, like,
- 7:21you know, grew up together, you know, married and get, you know,
- 7:24just, we just been through every stage, every bit of our lives.
- 7:27It just feels like we've been together and just been together
- 7:29through all of it. I think that really means
- 7:32something because you and I don't know, you don't know this,
- 7:35but what you just said. My wife, I know she was 13.
- 7:37I was 15 and yeah, we went, we've gone through every single
- 7:42life stage together. And so when, when our nightmare
- 7:45landed on us, it was just incredible on how she just
- 7:48grabbed hold and, and, and was such a great role model and, and
- 7:52rock for our girls. And you know, you don't, you
- 7:57don't ever expect a nightmare and you never, you know, you
- 7:59never want your spouse to go through something like that.
- 8:02But man, it really, whenever you hit bonds, you had it really
- 8:07tightens them up or it breaks it off.
- 8:10You know, there, there's two ways, I guess to go with it.
- 8:12But so Ryan, I mean, you're a younger guy, but you were having
- 8:17you were having success. Can you kind of walk us through
- 8:21how you got started in your business and, and, and then when
- 8:26this will kind of step through the process of how this
- 8:30happened? Sure.
- 8:32So I'd worked in oil and gas construction, specifically in
- 8:40kind of the electrical and power delivery.
- 8:44You know, the oil and gas industry is huge in this state.
- 8:48And I'd worked on the kind of service side.
- 8:51And then I'd also worked for a couple of the bigger energy
- 8:55companies here in the city, and we were in a pretty hard bust
- 9:02cycle for the industry. And someone who'd worked with me
- 9:05before came to me and said, Ryan, I've got this incredible
- 9:08opportunity. Google Fiber is coming to
- 9:11Oklahoma City, and we need to get out in front of it.
- 9:14And we need to start an underground utility company
- 9:18because there's just going to be this incredible amount of work
- 9:20right here in our front yard. We never laid a foot of Google
- 9:24Fiber that opportunity. Never.
- 9:27They ended up canceling that. It never came about.
- 9:30It never came, but we over a span of about 7 years my or six
- 9:36years with, with this business partner, we, we just built it up
- 9:40from nothing and, you know, hired employees and bought
- 9:45equipment and grew the business and we.
- 9:50You know, it was a construction business basically.
- 9:52Yeah, it was, it was a utility construction business.
- 9:55And, you know, in the aftermath of everything, it, it just, you
- 10:00know, kind of adding it up and it, it struck me, you know, that
- 10:04that we had, we had done $60 million worth of sales and our
- 10:08entire time in business, we'd paid out about $30 million in
- 10:12wages over that time period. And when I went bankrupt and
- 10:16when it all fell apart, like the only comfort I had was I just
- 10:20thought about $30 million worth of employees rent, birthday
- 10:25parties. I felt like that was the lasting
- 10:29legacy of this company that that eventually failed.
- 10:32It was just, you know, it meant a lot to the employees and to
- 10:36the customers for that period of time, you know, until it didn't.
- 10:40Yeah, it changes people's lives. You know, it's one of the things
- 10:43that is not talked about a lot is when, you know, something
- 10:49goes through with the federal investigation and and the
- 10:51company goes through that process with, you know,
- 10:57indictments and things. It, it destroys the business,
- 11:00but but it, it, it absolutely changes people's lives forever.
- 11:04That did nothing but just work and we're loyal and we're a part
- 11:09of something that was their livelihood.
- 11:11Sometimes it's hundreds, sometimes it's thousands of
- 11:13people that are affected by that.
- 11:15It's just it's something that's always stayed with me because it
- 11:19was what I went through and what my family went through was
- 11:22horrible. But the people that were just
- 11:24coming to work every day didn't really know anything that was
- 11:27happening except that they were doing a good job.
- 11:29They had to go out and find another job.
- 11:30And that's it's a, it's a so. Yeah, In kind of kind of my
- 11:34story was that the business had failed and gone through
- 11:37bankruptcy and everyone had had kind of moved on.
- 11:43We thought, I thought I'd moved on.
- 11:45And then that's when the nightmare, that's when things
- 11:50went from bad to worse. Yeah, bad to worse.
- 11:53So and I, I think from remembering talking about how so
- 11:58you had a relationship with this bank and and the bank for an
- 12:04easier way to talk about it was as they were factoring or, or
- 12:08buying your receivables, which was basically collateralizing
- 12:11your business loan to be able to whether it was a line of credit
- 12:15or whatever the case might have been, you had a relationship
- 12:18with the bank in that capacity. Yeah, and it was actually bigger
- 12:22than that. So we had a this bank that
- 12:27loaned US money on everything. They loaned US money for
- 12:34equipment. They had, you know, a lien on on
- 12:40all of our property. This bank really was, you know,
- 12:46largely kind of the capital cornerstone for this business.
- 12:51And then among those things they purchased accounts from us.
- 12:57The really it was the, IT was that entire program that really
- 13:03ended up serving as, you know, the basis for the entire, you
- 13:10know, criminal nightmare was around this basically.
- 13:15And they're very careful not to call it factoring.
- 13:17They never used the word factoring, but was around this
- 13:21program called business manager and it was supposed to provide
- 13:25working capital for the business.
- 13:27And that's how we market. That's how they marketed it.
- 13:30That's how we used it. And really only after the
- 13:33company was, you know, dead and gone did they turn around and
- 13:38weaponize that and accuse me of abusing that program to the
- 13:43level of committing felony bank fraud.
- 13:48Yeah, and that, that's where it gets really dark quickly.
- 13:52So, and, and you later find out the reason why they're turning
- 13:55this, this screw on you and tightening it is because they
- 14:00have insurance and they're thinking if they can turn this
- 14:03the way they want it, then they'll be funded and all will
- 14:06be good and you will be gone. And everything they do just keep
- 14:10goes forward. So you, you know, I talked about
- 14:16in the very beginning that you had this raid and, and that in
- 14:20your neighborhood with your family and there's a picture of
- 14:23you coming out of, of your house with your shorts on T-shirt and
- 14:27you know, all of a sudden your life is under siege.
- 14:30Did you have any idea that that was going to happen?
- 14:32I had no earthly idea. I got a phone call from my wife.
- 14:39She was traveling with two of our children.
- 14:42She said. Ryan, someone has called my
- 14:45phone over and over again. He says that he's an FBI agent
- 14:50and he is coming to arrest you. I, I just, there's no way.
- 14:56There's no like what? Had anything been going on
- 14:59before this point in the sense that contacted by the FBI,
- 15:02contacted nothing, OK. No.
- 15:06So I've not, I have not heard a word of anything.
- 15:13I've not had anybody, you know, confide in me that that they've
- 15:18been entered like, like there were absolutely no indications
- 15:22whatsoever. And I called this phone number
- 15:26that I realized I had missed calls from this, from this
- 15:29number. And I, I said, who is this?
- 15:35What's going on? And this guy says, I'm Special
- 15:38Agent Ben Busek with the FBII have a warrant for your arrest.
- 15:45I'm posted outside your neighborhood.
- 15:47You need to come out of your house with your hands in the
- 15:49air. And I said, what?
- 15:51How many iTunes gift cards do you need me to go get?
- 15:54This has to be a scam. And he said, it's not a scam.
- 16:00You'll know when you look outside your window and I look
- 16:04outside. I mean, I just like, pull the
- 16:05curtain back and here are three silver sedans and six FBI agents
- 16:12and their Navy Blue Jackets with the yellow lettering on them.
- 16:17And I am just, I'm in shock. And what I'll never, ever, ever
- 16:25get over is my 9 year old son was with me alone.
- 16:29And I looked at him and he'd kind of heard all this play out
- 16:33and he thought it was a big practical joke.
- 16:36And he had the biggest smile on his face.
- 16:38He just was like, what on earth? This is going to be hilarious.
- 16:41This isn't even real. Someone's playing a joke or
- 16:45something. And I'll never forget him
- 16:47smiling. I'll never.
- 16:49It's me so. You go outside the house, what
- 16:52happens next? So Agent Music had told me to
- 16:55come outside with shoes and I had called a law a, a, an
- 17:01attorney friend and said, hey, what the heck.
- 17:04And he's like, I don't know what to tell you.
- 17:05Check for a warrant, check their badges, make sure you're not
- 17:09being kidnapped. And in all of this, I came out
- 17:12with my shoes in my hand because he'd said to come out with shoes
- 17:16and my brain didn't process to put the shoes on.
- 17:19Shoes on, right? And so, and, and when I step
- 17:22out, I mean, they're like, you know, like in a defensive
- 17:26position. And so I get my shoes on and
- 17:29they scream at me to put my hands in the air, put your hands
- 17:31behind your back. And I mean, just in an instant,
- 17:34I'm cuffed, spun around, and I'm headed for the car.
- 17:38And I said, my son, my son, my son's in there.
- 17:41My son, my, my son is in there. And they're like, oh, really?
- 17:46Huh. All right.
- 17:49Do you have anybody you can call?
- 17:51And I I said, yes, can I please call my dad?
- 17:54And he had told me not to bring a phone.
- 17:56Yeah. I didn't have anything with me
- 17:58other than my shoes in my hand. And luckily, my dad is one of
- 18:01the last people in America that still answers every phone call
- 18:05that's placed to his cell phone. And so he answered.
- 18:07And I said, Dad, it's Ryan. I'm not kidding.
- 18:11The FBI is arresting me. I have no idea why our son is
- 18:16here alone. Can you please come?
- 18:18And he's like, I'm on my way. And they wouldn't let me go tell
- 18:22my son what was happening. They wouldn't let me wait.
- 18:24They just put me in a in the back of the FBI Ford sedan, sat
- 18:29me down on the cuffs, which was very unenjoyable, and drove off.
- 18:35With their nine year old son in there.
- 18:36So he's inside and watching through the window and then he
- 18:42just went and hid and he's very resourceful and smart.
- 18:45Don't know where he got it from, but he got his iPad out and he
- 18:49was trying to track me because he thought, well, I could figure
- 18:51out where Dad's at using Find my.
- 18:54And obviously he didn't know I didn't have anything with me.
- 18:58And he's trembling and he's shaking because my dad comes
- 19:01into the house and, you know, he hears the door open and he has
- 19:04no idea that it's safety. And so my dad scoops him up and
- 19:09takes him home. And to this day, he won't talk
- 19:12about it. Wow, how traumatic, you know,
- 19:14for a nine year old. I mean, it's traumatic for a 50
- 19:17year old. I mean the, the, and, and as you
- 19:21know, Ryan, as you've gone through this, it's random.
- 19:24They don't have to do that. That didn't happen to me.
- 19:27That happened to somebody else. That was in our case.
- 19:29I don't know why. Nobody knows why.
- 19:31They just decide that they're going to do it that way and they
- 19:33don't do it to others. But what they do is absolutely
- 19:36everyone is totally affected by it.
- 19:40It's scary. It's guns, it's the FBI, it's
- 19:43it's law enforcement rating something that's your personal
- 19:46property. And, and, and then to have that
- 19:50type of situation with the son that's there to see all this is
- 19:53just heart wrenching, Especially when you find out in the end
- 19:57that this was not supposed to have been done because this was
- 20:01a stupid case. But so they take you in this in
- 20:05this car. What are the next hours like for
- 20:09you? So I asked him, what on earth is
- 20:12this about? And he just says this has to do
- 20:15with your company and the Alliance Bank.
- 20:19And I said OK. And he's like, do you want to
- 20:23talk? I was like, I think I've seen
- 20:25enough cop shows. Don't talk.
- 20:28Not supposed to. So.
- 20:31And so we're driving and I'm sitting on these cuffs and I
- 20:35mean, I'm thinking I'm going to lose a hand.
- 20:37And I said, and they pulled over because they wanted to get their
- 20:41vests off because, you know, they had their bulletproof vests
- 20:43on. And it's, you know, July in
- 20:45Oklahoma. So they take their vests off.
- 20:48And I said, hey, is, is there any way we could kind of
- 20:51readjust these handcuffs? He's like, yeah, if you want to
- 20:55talk. I was like, I wouldn't be at
- 20:58this point. I'm like, I will do anything to
- 21:00not be sitting on my cuffed wrists.
- 21:03So I sign away my Miranda Wright and he proceeds to ask me
- 21:07questions and he proceeds to tell me that I never did a
- 21:10project in Omaha or a project in Lincoln and just starts rattling
- 21:14off these very specific projects that my company did.
- 21:18Right. That you know for sure because
- 21:20you were actually part of that and have pictures and everything
- 21:23else and. Receipts.
- 21:24And just starts telling me that I've lived in a made-up fairy
- 21:28tale world for the last period of my life.
- 21:32And I'm like, wait, what? And he's like, who?
- 21:34Who could I talk to that would verify all this?
- 21:37I mean, I'm giving him witnesses.
- 21:38I mean, and he's taking notes. And then I'm.
- 21:41According to my attorneys, I start interviewing him.
- 21:45I start questioning him. I start asking him, you know,
- 21:48did you look at this? Did you see this?
- 21:50Yeah, like just they're like, we've never seen someone in an
- 21:55in custody interview to begin interrogating the agent, but you
- 21:59did. And finally, he was frustrated.
- 22:01He just was like, listen, if you're if if you're going to
- 22:04keep this up, we're just going to take you downtown.
- 22:06So they take me to get arraigned.
- 22:07And I mean, I get processed at the Marshalls.
- 22:09They swab my cheek for DNA. They take fingerprints.
- 22:13I'm held there all day. They appoint a public defender
- 22:16because I didn't have an attorney to represent me.
- 22:19And later that afternoon, they cuff my wrists to my waist to a
- 22:27chain down to my ankles. And I waddle into court and
- 22:32plead not guilty. And the prosecutor doesn't
- 22:36oppose me being released the same day on a $5000 bond.
- 22:41And there's my dad out, you know, out in the crowd and, and
- 22:44just this totally emotional moment where I get uncuffed 20
- 22:50feet in front of my dad. And I mean, and I'm just sobbing
- 22:54at this point. I mean, I'm just so overwhelmed.
- 22:56I just can't even believe what's happened.
- 22:59Well, so you get released. I'm trying to remember the part
- 23:03of your story, Ryan, what you had, the public defender.
- 23:06Did you make the change then or did you do it later down the
- 23:09road? Well, no.
- 23:11So the we got a recommendation for.
- 23:15Well, then the other thing was I was going to ask you so that
- 23:18they they read out these charges that you're guilty of.
- 23:21What were you thinking when that happened?
- 23:23So this public defender had showed me the US sentencing
- 23:28guidelines, whispered him to me because she says, hey, in 5
- 23:33minutes that judge is going to tell you that you're facing 30
- 23:36years in prison. And I just want to show you what
- 23:39you're actually facing. And she's like, look, you're
- 23:42only facing five years. And I was like, that is not the
- 23:46comfort that you probably think it is.
- 23:49That's the good news. That's the.
- 23:50Good news. And so I mean, I mean, I'm just,
- 23:55it's a blur because again, like you're in this courthouse and
- 23:58you, you, they don't tell you where you're going.
- 24:02You're just walking down the hall with other guys in orange
- 24:06jumpsuits. I'm still wearing my shorts and
- 24:09T-shirt. And then all of a sudden you're
- 24:12just thrust into this massive courtroom.
- 24:15There's, you know, and you're just, I mean, it's just, it's
- 24:19just sensory overload. Well, yeah, it's since you're
- 24:22overload and and you know, you're just basically taken off
- 24:24the street from your house and all of a sudden you're shackled
- 24:27in front of a judge. Yeah.
- 24:29And so to answer your question out in the lobby, I'm introduced
- 24:34to the best criminal attorneys in Oklahoma City.
- 24:38And that's the title. I'll to this day I would I would
- 24:41say the same thing. And they said, hey, listen, you
- 24:44know, we're going to be your team and we're going to enter an
- 24:47appearance. And hey, we, we've talked to the
- 24:50prosecutor. This must have been building for
- 24:52months. They only charge folks after a
- 24:55long, thorough investigation. And we're going to have the
- 24:58files Monday, maybe Tuesday at the latest.
- 25:00And we'll have a clue what we're looking at here.
- 25:03But hey, this has been building for a long time under the
- 25:05scenes, behind the scenes. One of them wanted to know why I
- 25:09ignored the target letter and he didn't believe me.
- 25:13Not didn't believe me. He was very skeptical that I
- 25:16would just be plucked out of my front yard like that.
- 25:19As a, you know, family man with community ties.
- 25:24No, no violin, no history whatsoever.
- 25:28He's like that. That's unusual.
- 25:30I don't know why you didn't get a target letter, but he said to
- 25:34me, he said you pissed off the wrong person is all I can tell
- 25:39you. You pissed off the wrong person.
- 25:42OK, that's, that's fantastic advice.
- 25:46That's So what? How does this how does this
- 25:49proceed? Well, so it takes a couple of
- 25:53months, it takes a month before we get any evidence because they
- 25:56had to go and. Are you working at this time, in
- 25:58this couple of months? What?
- 25:59Are you doing so? Here's what's wild I you know, I
- 26:01go home. I think the world has ended.
- 26:04I can't control the story with my kids.
- 26:06They took that away from me, so I didn't.
- 26:08I didn't get to be the one to tell the kids what was going on
- 26:11or control the narrative at all with with my.
- 26:14This hit the news. Yeah, yeah.
- 26:18So there's a press release that I find when I'm driving home.
- 26:21And then the hurt gets amplified because news, major news
- 26:27outlets, didn't pick it up, but the rumor mill did.
- 26:31And so just the link to this justice.gov press release
- 26:36spreads like wildfire. You know what I think's funny,
- 26:40it's not funny, it's awful is that people talk about that they
- 26:44don't ever believe the news. You know, there's this thing
- 26:47about not believing, you know, mainstream media or anything.
- 26:50They don't believe the news but they automatically when they see
- 26:53a justice. Press release 100%.
- 26:57Yeah, yeah. There's this total faith in it.
- 27:00And these are people, this is shared rampantly by people who
- 27:06claim to be, claim to be your friend, you know, claim to
- 27:09follow, you know, a certain moral and ethical code.
- 27:13But in reality, you know, this was just, you know, this whole
- 27:18weekend, it's just spreading and it's getting shared like
- 27:22wildfire and everybody's getting reached out to about it.
- 27:26My parents, people are texting my wife, you know, hey, how's
- 27:29life? Like, that's weird.
- 27:30Why have three people ask me how life is this one weekend that
- 27:34we're just processing this? And so it just kind of becomes
- 27:36this worst kept secret that I couldn't control.
- 27:38I was rarely ever the first person that got to that that
- 27:41would be able to tell friends and family what was going on
- 27:45because this press release is just gained a life of its own.
- 27:49So. Yeah, you asked me about
- 27:52working. Sorry, I answered another
- 27:54question that's. What I was going to go back to
- 27:55because you, you were living in this terrible upheaval that you
- 27:59were working. Yeah, so I, I had started a new
- 28:03job a month prior and I emailed the owners of my company and
- 28:10told them what had happened and just prepared to lose my career
- 28:14over it. So they'd hired me to start a
- 28:17department of their company and I thought there's no way they're
- 28:20going to need want anybody hanging around that has anything
- 28:26like this going on. So I sent it off and just
- 28:31prepared for the shoe to drop the shoe drop.
- 28:33I got asked to join a phone call with all the leaders and owners
- 28:37of the company. And it, it's a big company, it's
- 28:39a very influential company. And I told him everything I knew
- 28:43at that point. I, I just laid it all out there
- 28:48and they said we got to take this under advisement, we'll get
- 28:51back with you. And so the CEO called me a few
- 28:56hours later and said, hey, listen, you know, we believe in
- 29:00innocent until proven guilty. We believe that innocent people
- 29:04can be targeted by the justice system for unjust reasons and go
- 29:09build this thing. And we'll be in touch.
- 29:11And we're going to put some folks around you to make sure
- 29:14that you succeed. And we succeed in this whole
- 29:17thing succeeds. Wow and.
- 29:20We're behind. You have no idea like you have
- 29:23no idea like it. That changed like that was the
- 29:26biggest. That's a game changer.
- 29:27Absolute game changer for the kids, for my wife because, you
- 29:31know, no job, no house, no food on the you just can.
- 29:34Imagine that is that is just. Spiraled.
- 29:37Yep. Just absolutely spiraled without
- 29:40their support. I mean, just lifelong loyalty
- 29:42from me. Just lifelong loyalty.
- 29:44I mean, it's just incredibly principled for a business owner
- 29:51in another. State they're taking a risk.
- 29:53Take the risk and say we believe in you.
- 29:56But I promise you I will return. I will return on their risk a
- 30:01thousandfold for them. If that's the last thing I do on
- 30:04this earth, I will. And you.
- 30:06Remember, you know when you go through these things, right,
- 30:09man, it is, it's, it's, it's branded on you to remember the
- 30:13people that stuck with you because you feel it.
- 30:17You feel it to your bones. I want to take a break here
- 30:19because I want to talk about when we get back, how you
- 30:24started stepping through this and how you started taking
- 30:27control of your own reigns, not knowing anything.
- 30:29You've never been, you've never been indicted.
- 30:31I want you to walk us through how you tackled this and ended
- 30:34up coming out on the other side. You know, a lot of people don't
- 30:37like how they show up online. Many individuals think there's
- 30:41no hope when it comes to managing your reputation.
- 30:43On Google, there's hope. It's called the Discoverability
- 30:45Company that can help you whether you're building your
- 30:48reputation from scratch or you're repairing search results
- 30:50after a negative news story. Discoverability can also help
- 30:53you how you portrayed on popular AI services like ChatGPT.
- 30:57To learn more, visit discoverability.co, itsnot.com,
- 31:00its.co listeners. A Nightmare Success can take
- 31:03$100 off with coupon code Nightmare Success.
- 31:07And the Nightmare Success podcast is sponsored by the
- 31:10White Collar Support group. That's where Ryan and I reside,
- 31:13the world's first support group devoted to people navigating the
- 31:16white collar criminal justice system.
- 31:19I'm a member of the White Collar Support Group.
- 31:20And I tell you, this is a bunch of people who help each other
- 31:22through the criminal justice journey for free.
- 31:25Whether you're just starting your journey or you made it
- 31:27through to the other side, this is great space for.
- 31:29You can join us on Zoom Mondays, 7:00 PM Eastern Time.
- 31:32For more information, go to prisoners.org.
- 31:34That's prisoners.org. So what I want to talk about,
- 31:38Ryan, is a lot of people get scared into paralysis when this
- 31:43happens because most people have been business people.
- 31:46And we're talking about this type of situation where they've
- 31:48been business people, they've been in control of things, you
- 31:51know, they're directing growth and so on.
- 31:53But they've never experienced this, never thought they would
- 31:56ever experience this. How did you start strategizing
- 32:03and figuring things out to get to the result that you got to
- 32:06walk us? Through it.
- 32:07Well, yeah, So when I told my attorneys that I had a factual
- 32:12basis and a factual rationale for every single transaction
- 32:20that my company had done, they said that's great, organize all
- 32:25that. And so I just spent dozens,
- 32:30hundreds of hours pulling in documents to underpin every
- 32:36single bar none, every single transaction that we had done.
- 32:43And in the meantime, after several weeks, we got the first
- 32:47of the FBI investigation sent to us and figured out that the FBI
- 32:53had interviewed 3 witnesses 2 weeks.
- 32:56No, sorry, interviewed 3 witnesses the week before the
- 33:00sealed grand jury indictment. And that was it.
- 33:03That was the investigation that had been done.
- 33:06And so then they went and started interviewing folks who
- 33:11had all seen the press release, who all had a narrative to align
- 33:15to, and they just start getting out there interviewing anybody
- 33:20with a pulse that had ever had a negative interaction with me.
- 33:26Yeah. And I always think that's
- 33:26interesting how that works that way is that, you know, you get
- 33:29this talking indictment and then you go and then they create, you
- 33:33know, these people that are scared to death, you know, start
- 33:36talking to them, but they're they're scared to death.
- 33:37If they don't say what they're supposed to say the way they're
- 33:40supposed to say it, then they could get tagged into this
- 33:43thing. Most people call that witness
- 33:45tampering because when somebody for the defense side tries to go
- 33:49out and clarify or prove up their case, that's called
- 33:54witness tampering, which by the way, they charged you with that.
- 33:58Eventually, yes, I did eventually pick up one of those.
- 34:01Yeah. But but yeah, so you know, it's
- 34:04interesting in in the justice system, we're very concerned
- 34:07about, you know, tainting the jury pool, right, Worried about
- 34:11jurors. Are we going to have jurors that
- 34:13come into this with? With a clear mind.
- 34:16Or whatever, but there's no concern about biasing witnesses
- 34:22and the Department of Justice can put out a narrative and it's
- 34:27a CHEAT SHEET if you will for any would be witness of this is
- 34:33what you're here to help me support proving.
- 34:36And the extent to which you align to this will have direct
- 34:41benefits to you in terms of whether you're able to stay out
- 34:45of this or not. Exactly.
- 34:47You said that really well. Well, I appreciate that.
- 34:50And it's wild too, because in almost every three O 2 we're
- 34:54reading, you know, the agent asks the person they're
- 34:58interviewing to give their opinion on my guilt.
- 35:03And it's wild because, you know, he's asking a disgruntled family
- 35:09member from 10 years ago. And it's like disgruntled family
- 35:12member believes Ryan committed this crime.
- 35:16You know, disgruntled former employee that has no information
- 35:19about what's going on presently believes Ryan is guilty.
- 35:24And it's just weird. Like, like how awkward is that
- 35:26to get to the end of this thing and say, hey, I know you have no
- 35:29facts whatsoever that pertain to the charges at hand.
- 35:33Just want just want someone's advice.
- 35:35You think that guy's guilty? Yeah, what's your offended?
- 35:37It's just bizarre. Yeah.
- 35:39So Ryan, you've got a whole bunch of interconnected web of
- 35:45things that happens. When do you find this out about
- 35:50the bank president, the Oklahoma president, the the FBI?
- 35:55Why? When?
- 35:55When does that come into your world?
- 35:59Yeah, so we start getting all this evidence in and there's
- 36:03just a lot of kind of just wild connections, you know, that that
- 36:10surface. You know, this one, I've never
- 36:12figured out how this I think this is just coincidental.
- 36:15But I find out that one of my kids, her best friend, is
- 36:22closely related to this FBI agent.
- 36:25And I want you to imagine how weird it is for your child to
- 36:29tell you that they were at a family event and met the FBI
- 36:35agent that's coming after you. Yeah, that's a weird deal.
- 36:40So that that one was very strange.
- 36:42But the biggest one that came to light is, you know, I start
- 36:46looking at these names and this prosecutor, Assistant United
- 36:51States Attorney DH Dilbach, and his name is on the press release
- 36:56that he chose to put out. So, you know, I have friends and
- 37:01folks reaching out to me and they're like, hey, you know, we
- 37:04know DH Dilbach, this is wild. You guys are the same age.
- 37:09He goes to your church, he goes to a different congregation of
- 37:12your church. And I'm researching him and I'm,
- 37:16I compare on Alliance Bank's website.
- 37:20Here's a board of directors and prominently listed, as, you
- 37:24know, one of the shareholders, founders, you know, this is a
- 37:26guy with a profit and loss interest in this bank is Joseph
- 37:31Harris Junior. Well, Joseph Harris Junior is
- 37:35also the president of the University of Oklahoma.
- 37:39OK. That's a big place.
- 37:41DH Dilbek's wife, Mackenzie Dilbeck also works for the same
- 37:47massive university, and that wouldn't be weird other than
- 37:54she's worked there for 10 years. And for the majority of those 10
- 37:59years, she has directly reported to Joe Harris Junior.
- 38:04And when she starts at OU, this is all public record.
- 38:07She's making $50,000 a year and now she's making $310,000 a
- 38:14year. And while I'm not saying don't
- 38:17know, I can't opine whether those raises were merited or
- 38:20not. What I can say is that if there
- 38:24was somebody who had been instrumental in my wife or me
- 38:29personally going from 50,000 to $310,000 a year over a very
- 38:35short period of time, I would have a significant loyalty.
- 38:42My judgement would be clouded by how influential that person had
- 38:49been. Particularly when I find quotes
- 38:53where Joe Harris junior is praising Mackenzie Dilbeck,
- 38:58praising her work, nominating her for these roles in these
- 39:01positions. And Joe Harris wears this other
- 39:03hat where he is a profit and loss owner, director, founder of
- 39:08a bank. And Mackenzie's husband, DH is
- 39:11prosecuting me. It just that's.
- 39:14Incredible. It just stunk.
- 39:16When you told me that, that there's nothing that smells good
- 39:19about that. It it smelled awful.
- 39:23It smelled awful. So when when you uncover all
- 39:26this and connect all these dots, what is the response from your
- 39:30attorneys with this type of information?
- 39:32So they at first, they're like, listen, man, the US Attorneys
- 39:38Office is not a collections agency.
- 39:41They don't go do favors for their friends.
- 39:44If they brought a horribly weak case to try to bolster an
- 39:51insurance policy, that just that would be unheard of.
- 39:55And that's a wild connection. But we need to understand the
- 39:59facts. The problem was the more they
- 40:01understood the facts. I mean, one of them told me
- 40:04late, you know it. Months later, you know, I kind
- 40:06of laid it all out for him again.
- 40:08And he said, I got to camp out on this.
- 40:10And another one who's prosecuted, not prosecuted,
- 40:13defended in federal court for 30 years in this city, said this is
- 40:19making the hair on my arm stand up.
- 40:22And they're having these conversations with Dilbaq and
- 40:26with Agent Busick and the demeanors weird.
- 40:30The comments are weird. Everyone's just getting creeped
- 40:33out because nothing and it reminds anyone of any
- 40:38prosecution they've ever been a part of.
- 40:40So you go, you're and I, I don't know if this is around the same
- 40:44time, but you, you're in Vegas at this trade show.
- 40:48Yeah, so, so we're trying to meet, you know, my guys are
- 40:51trying to meet with with Dill back to get him to understand
- 40:56and go through these accounts 1 by 1.
- 41:00And I mean, it's so crazy. Brent, a friend of mine and I'm
- 41:03going to give him a shout out here, Brian.
- 41:05Brian was a good enough friend. He went with me and we dug up
- 41:09rock samples from some of our projects because Dilbeck was
- 41:14taking the position that we had charged a rock adder and there
- 41:18wasn't really rock. And he is an AUSA, was really
- 41:22interested in understanding if we truly dug in rock or not.
- 41:25OK, so just imagine my friend and I, my friend from my
- 41:29community group at church, going out on a Sunday with shovels to
- 41:33a job site that that neither of us had ever been to.
- 41:37And we're literally coming in with Ziploc bags full of rock
- 41:41samples. Now, my attorney told me I
- 41:44wasn't allowed to call them boulders because apparently
- 41:47boulder is a slang word for a large volume of cocaine.
- 41:51So don't, don't walk into your attorney's office saying you got
- 41:53boulders. You got to walk in and say, I've
- 41:56got rock samples. I've got big rock samples.
- 41:59And so we're just trying to like shrink this thing.
- 42:01We're we're talking about it like it's a tumor that we're
- 42:03trying to shrink with the facts. And he's just not, he's just not
- 42:08movable even on the fringes. And so it just is really obvious
- 42:11to everyone, we're just going to have to go try this case.
- 42:15There's just not, we're not going to get any, that there's
- 42:17just no sense here. They're just not going to change
- 42:20their mind. No, and I mean, and listen,
- 42:22we're getting these three O twos, which if you guys anyway,
- 42:26listening at three O 2 is where the FBI basically summarizes
- 42:31conversations that they've had. I want to talk about three O 2
- 42:34real quick because a lot of people don't know what a three O
- 42:352 is. SO3O2 is when somebody does an
- 42:38interview with somebody. Here's the interesting thing,
- 42:41and this is one of those things that could change things like
- 42:44overnight. We have so many different ways
- 42:48to record. I mean, our phones record
- 42:50anything like these little gadgets, anything records.
- 42:54One thing that the FBI doesn't do is they don't record their
- 42:57conversation with you and they write it down from their summary
- 43:01of their notes. Why would that be?
- 43:04Well, there's one reason why that would be is that they can
- 43:07actually charge that person for lying to the FBI.
- 43:12But there's no proof from the person who got recorded because
- 43:15they didn't ever got recorded. Those are summaries of their
- 43:19notes and memory. And if, if it if we just made
- 43:23one change that an FBI agent had to record their interview with
- 43:29the witness, wow, wouldn't that be big?
- 43:31Well, then you'd get to hear what they actually had to say,
- 43:34right? And not the FBI agent writing a
- 43:38narrative wishes what he wishes they had.
- 43:41Said a narrative of what his thoughts were about that
- 43:44witness. Well, in my case, the FBI
- 43:48interviewed a witness and the FBI was unequivocal that I drove
- 43:54the witness down a specific St. on a specific day in January of
- 44:002023 in a Tesla cyber truck. That vehicle did not exist to
- 44:06anyone. It was not even on the market
- 44:09for another year. So just imagine you're getting
- 44:11all these reports back. Yeah, that's a bad they're.
- 44:14Telling you their best evidence is this contractor that says you
- 44:18never even contracted with him. And I've got pictures of my
- 44:22crews on the job sites and they're telling, you know, man,
- 44:26the jury's not going to appreciate this guy buying a
- 44:29cyber truck, you know, when his business is struggling and
- 44:35they're describing a vehicle that wouldn't even exist for
- 44:39another year to anyone. And, and, and, and they're just
- 44:43like, I mean, the attorneys are like, man, I'm starting to
- 44:47doubt, you know, is this prosecutor very intelligent?
- 44:50Is he very sharp? Is he bright?
- 44:52This even this agent, they're like normally these agents and
- 44:55these prosecutors, they're just impressive.
- 44:58They're impressive. They figure stuff out.
- 45:00They tell you what you did, where you did it, when you did
- 45:03it. They dotted their IS and crossed
- 45:05their T's. And then in this case, it's just
- 45:07almost like the Keystone Cops have the keys to your freedom
- 45:12and they are not taking it seriously.
- 45:16They're not. They're like, we've never seen,
- 45:19no one had ever seen behavior like this out of an AUSA, out of
- 45:24an agent until. It's just, it's believable
- 45:26because they ended up getting disqualified.
- 45:28What at what point did you decide that, you know what, if
- 45:32I'm going to go forward with this and I'm going to, I'm going
- 45:36to grit down and go to trial. When did you decide that these
- 45:39attorneys weren't your attorneys and you were going to go get a
- 45:41real guy with swagger? Well, to be fair, these guys had
- 45:47swagger. I'll give them that.
- 45:50And, and I do, I do appreciate the work that they did early on
- 45:54in the case I well, you know when.
- 45:57Let me back up on that because I know a lot of attorneys.
- 46:00There's a lot of attorneys that have swagger.
- 46:03There's very few attorneys that have swagger that think that
- 46:05they can beat a federal ASUA in a courtroom.
- 46:10There's a lot of guys, they get swaggered to be able to get you
- 46:13down to a year and a day or whatever.
- 46:17But the guys that have the elephant sized balls that go
- 46:21into the courtroom because they win, those are that's a that's a
- 46:25small, that's a small few. That is a small few when 97% of
- 46:30cases of federal cases plead out to being a shop that can and
- 46:35it's ready and will actually go to trial is rare.
- 46:39That's a different shop. And I felt very fortunate to
- 46:42find one that wanted my case by scraping together every family
- 46:49resource I possibly could I could afford.
- 46:53And when it was time to go to trial, I brought on some out of
- 46:59State Council to turn the tables on the government.
- 47:03Let's talk about how you did that, because I think it's
- 47:04impressive how you found them. How'd you find them?
- 47:08So one thing that I was doing throughout this whole time
- 47:10period was I got a Pacer monitor subscription and I was furiously
- 47:15reading, reading, reading. I mean just every night.
- 47:19Pacers go is where all the cases are.
- 47:21Pacers where all the cases are exactly and they're buried.
- 47:24They're not easy to find. And I mean I'm searching by
- 47:26keywords. I, I'm just reading cases and
- 47:31upon cases and within all through the system.
- 47:34And I mean, I'm tracking cases that my judge has on his docket.
- 47:37I'm tracking cases that this prosecutor is, is working.
- 47:41I'm tracking fraud cases all over the country and just
- 47:45keeping up with them. And so there's this big case out
- 47:48in Washington state, kind of a novel cryptocurrency case.
- 47:53And I'm reading the motions and the pleadings in this case.
- 47:58And I'm, I'm just, I'm loving it.
- 47:59And I'm just like, this guy is impressive.
- 48:01Who on earth is writing this stuff?
- 48:03This guy is good. This guy's absolutely just
- 48:07putting the government on its constitutional burden.
- 48:12Who is this guy, and is there any way he'd ever consider
- 48:16getting involved in my case? So I sent him an e-mail because
- 48:18his e-mail was at the bottom of a motion in another case, in
- 48:22another, in another state. And he jumps on board.
- 48:25You go down and see him and he's in Nashville, right?
- 48:28Yeah, so I hired a guy by the name of Alex Little.
- 48:33Now at this time, he I now know was working on the Chrisley
- 48:38pardon that kind of made him blow up in the media after I had
- 48:42engaged him. Yeah, well, he was also on the
- 48:44Nevin Shetty case, which was a big he was on.
- 48:46The Shetty case, that's actually where I got to, so that's where
- 48:49I found him, yeah. And so.
- 48:51Nevin Nevin went through quite a story and journey of his own.
- 48:55Yes. And so I, you know, I had
- 48:59engaged him and he was very interested in all my binders and
- 49:02my exhibits. And I mean, I just had built, I
- 49:05mean, I had built trial binders by this point.
- 49:08And so I flew out to Nashville, took PTO from work and used my
- 49:13reward points to to fly to Nashville and just stayed out
- 49:17there for a couple of days. We went through the evidence, we
- 49:20met the whole team and it was like, all right, we're going to
- 49:23trial. So how long is that all that
- 49:24process take? Well, so I was indicted in July
- 49:28of 2024. Then kind of we had our first
- 49:33big round of meetings trying to kind of get the government to to
- 49:38see this for what it was in like November time frame.
- 49:42And then it was and then it's kind of starting to fall apart.
- 49:46It just we're not making progress in January and February
- 49:50and we're getting discovery related to these insurance
- 49:53policies that really started to provide in our minds and
- 49:58explanation for all of this. And it just was like it just was
- 50:02obvious it wasn't going anywhere in in early spring and March is
- 50:07when I hire those guys. It's right at the time that he
- 50:10announces he's going to issue a superseding indictment and then
- 50:14what was to be the trial would have been six months later in
- 50:18September. OK, so then some stuff starts
- 50:23happening and you start getting a feeling that, hey, maybe,
- 50:29maybe something's going to big change.
- 50:31How does that come about? So I had an anonymous tipster
- 50:37that told me that Mackenzie Dilbeck was about to get
- 50:41$100,000 a year raise as sponsored on the Oklahoma Board
- 50:47of Regents agenda by Joe Harris Junior.
- 50:52And this new title that even within athletics, sounds like
- 50:56it's her role to interface between the athletic department
- 51:00and its stakeholders, including the administration of the
- 51:04university. And man, it just stunk.
- 51:09It just really, really stunk. Again, I'm not saying that was a
- 51:13quick I got to. Remember, this is the wife of
- 51:16the man who's the AUSA. Yes, my prosecutor.
- 51:20'S wife Harris is the founder of the bank.
- 51:23Yes, and we're having conversations, we're getting
- 51:27insurance policies. It's stinking to high heaven and
- 51:31even the guys that were like a USAS don't do shady stuff like
- 51:35this. They're getting the same weird
- 51:37emails and weird vibes and just just just weird.
- 51:42Just acting, acting like a witness and a or a suspect more
- 51:47than acting like an AUSA that knows what you did, where you
- 51:51did it. It just was just completely
- 51:54atypical behavior and language. And so I'm actually I'm at a
- 51:59work event that I was already already scheduled to be at
- 52:02happened to be there and run into some guys and we talked
- 52:07about going to breakfast and we go to breakfast at this event
- 52:10and it's common cordial. But I talked to these guys about
- 52:13my case and I thought that they would have information about why
- 52:18a different witness would say we never contracted to do the work.
- 52:22But I had all this proof. All right, listen, I already had
- 52:25the proof. I, I didn't need that witnesses
- 52:28testimony either way. I already had the proof, but I
- 52:32was trying to figure out it seemed like if someone answered
- 52:37that this was like a contract dispute that was undesirable
- 52:41because they've made and, and we when we learned that they had
- 52:44filed a claim on their bank Fidelity policy alleging fraud.
- 52:49Well, what do you know? Everyone they're calling is not
- 52:53saying contractual dispute, They're calling everyone they're
- 52:56saying fraud, fraud and fraud is very different from a contract
- 52:59dispute. And so I was like, hey, it was
- 53:02somebody influencing this guy to say these things because I don't
- 53:07understand why a person would say that, you know, that, that
- 53:12my company had never even been engaged to do a project when in
- 53:16actuality we had and there was like a mountain of proof about
- 53:19it, including emails with this witness.
- 53:21Why would they do that? Well, I and I explained my
- 53:25concerns about being railroaded by the Department of Justice and
- 53:28it wasn't 4 hours later and my attorneys are calling me and
- 53:33they're like hey, shut down the self investigation, whatever.
- 53:37However the fruit plate went at breakfast, it was not digested
- 53:41well and I, I mean, I was, I was sick at my stomach, not from the
- 53:47fruit. The fruit was fine.
- 53:48Yeah, So what? What happens next?
- 53:50And they're. Like, hey, AUSA, Dilbeck wants
- 53:54you to agree not to talk to any witnesses about your case.
- 53:59You know, essentially, like, wants you to agree to a gag
- 54:01order. And it wasn't in my conditions
- 54:04of pretrial release, But he wanted to add it.
- 54:06And I said, OK, well, what happens if I don't?
- 54:09Like, what if we say no? It's like, well, we'll have to
- 54:11go argue in front of the judge. And I was like, well, listen, if
- 54:14Dilbeck wants to spin up this crazy narrative, including the
- 54:19fact that I tricked this guy into going to breakfast, but I
- 54:23have text messages where this guy suggests breakfast and sets
- 54:27the time and place. And I said, when are we going to
- 54:29start pushing back on these false narratives where Dilbeck
- 54:34chooses a well, chose me as a criminal, works backwards to
- 54:38select a crime, then works backwards to find the evidence
- 54:41and only the evidence that supports the conclusions he's
- 54:45made. They're like, Ryan, this is not
- 54:48the war you want to win. Let's just agree to it.
- 54:50And I said, well, what if I don't?
- 54:53And they said. Dilbeck's going.
- 54:56To move, to detain you, to put you in prison until your trial
- 55:03if that's what it takes to silence you.
- 55:06Not, not ain't an unusual. Move, by the way.
- 55:09So what did you do? I accepted the change in
- 55:11conditions and. I And in that same breath he
- 55:15announced that he was going to take it from one count to 10
- 55:17counts, that he'd be waiting for me with seven years of
- 55:21sentencing exposure at trial. He could plead guilty and he'd
- 55:25ask for three years. So the trial penalty was four
- 55:28years and there was just no move.
- 55:31And there's just no movement. Everything we'd shown him, all
- 55:34it had done was strange, his resolve.
- 55:38Strengthen his result. And what's crazy is is.
- 55:40The counts that he superseded with, we hadn't even discussed
- 55:43him yet. It was like, I just wonder, like
- 55:47in his mind, we discussed half, we've discussed the first half
- 55:51of the alphabet. We didn't cherry pick.
- 55:52We discussed the first half of the alphabet and at the end of
- 55:55it he had not found one action that he could legitimately
- 55:59prosecute, so he just went and chose from the second.
- 56:03He just got a Super City indictment came up with.
- 56:04He just went and got a superseding.
- 56:06Indictment. It was crazy too.
- 56:07I. Mean I want to add 2.
- 56:08I don't want to pile on, but one of the creepiest emails we got
- 56:11from him, which again, my attorneys forward to me, you
- 56:14know, I'm not communicating directly, but he makes a list of
- 56:18all the transactions and he says in his words, I've colored the
- 56:25I've I've colored the non fraudulent transactions red and
- 56:29I've colored the fraudulent transactions green.
- 56:33And we were like, what? And I said, are you kidding me?
- 56:37The times that I committed 18 USC 1344 bank fraud are green.
- 56:44Who highlights the crime in green?
- 56:47He did, and he actually got asked about it.
- 56:50And this was telling too, about how incompetent this FBI agent
- 56:55was. He said, well, I wanted to make
- 56:57it really easy for the FBI agent.
- 57:00Green means go investigate and red means stop investigating.
- 57:07It's like those are both horrible.
- 57:11Like just imagine. Sitting on the other side of
- 57:13this and. You're hearing this and you're
- 57:14like, is this a joke? Is this a joke?
- 57:17The only thing serious. Having fun?
- 57:20Yeah, exactly. So Ryan, how does?
- 57:22It happen that. This gets in front of the judge,
- 57:25and the judge makes the ruling that the guy is disqualified.
- 57:28Oh my goodness. Yeah.
- 57:29So I'll Fast forward through a lot of.
- 57:30Time here, we get ready for trial, we send out subpoenas, we
- 57:34subpoena 30 parties and everyone gives us back all the evidence
- 57:38we have that these are real projects, real contracts, you
- 57:42know, that, that, that there isn't fraud here.
- 57:45Every, we, we get something back for everything.
- 57:47We don't have any unprotected, you know, we've closed every
- 57:53loop and, and again, some of them, you know, you had a ton
- 57:57with certain customers that generate a lot of documentation.
- 58:00You know, it was, it was a mix. We, we did some, we had a, an
- 58:04investigator that went out and met with witnesses and
- 58:07reinterviewed witnesses that the FBI was saying, well, this
- 58:10witness says this. And then you know, our private
- 58:13investigators like, no, they're actually saying this.
- 58:15And it's like the opposite. We do forensics.
- 58:19We, I mean, we are just absolutely preparing for trial,
- 58:22aggressively filed, filing pretrial motions.
- 58:25And finally we decide that there's no way for me to defend
- 58:31against the witness tampering charge without bringing in Joe
- 58:36Harris Junior, the president of the University of Oklahoma with
- 58:40a trial subpoena. And let me tell you, that's
- 58:43wild. That's wild when?
- 58:46You've got. A private investigator getting
- 58:49on a flight and he's going to come hang out in Norman, OK,
- 58:53until he can serve the university president with a
- 58:56trial subpoena on a football field.
- 58:58It like the season was starting. And I mean, we're like.
- 59:02We'll find him somewhere, particularly because the bank's
- 59:06attorneys were willing to take service for everyone else from
- 59:10the bank except for Joe Harris. However, they spoiled the drama
- 59:16and like at midnight one night as we're preparing to go serve
- 59:21him in person, the bank reverse course and said, no, we will
- 59:25take, we'll take, we'll take trial subpoena service for Joe
- 59:28Harris junior. So then what?
- 59:29How how does how does that end up ending?
- 59:32Up knowing that he's in the mix of all this in the courtroom
- 59:36with the judge with a disqualification.
- 59:39Yeah, so, so after that. And, and again, so dense, but
- 59:44there's just so many bad faith conversations, emails where my
- 59:49attorneys really began to view this assistant United States
- 59:52Attorney as as dangerous, as unethical, as bad faith.
- 59:58And it's just in everything. It's in representations he's
- 1:00:01making to them. It's in his responses to
- 1:00:04pretrial motions and just kind of this fear sets in.
- 1:00:08That this guy is so bought in, he would literally trick a jury
- 1:00:13like trick, like resort to trickery if that's what it took
- 1:00:16to convict me. And he's moving all over the
- 1:00:21place on theories he's not agreeing to.
- 1:00:25He's just, he's not upholding any kind of mutual
- 1:00:30understandings. He's just, it's like very
- 1:00:34slippery. And so they said, you know.
- 1:00:37Ryan, I just you. Know all of the all of this
- 1:00:40that's come out all the discovery we've gotten back, you
- 1:00:44know, because again, the judge actually made a comment in one
- 1:00:47of his briefs that he wishes he had known about this sooner.
- 1:00:51But it was like the totality of evidence had just built.
- 1:00:54It was kind of like there was a little bit there to start with.
- 1:00:57And it's just growing. And I mean, we're finding
- 1:01:01Instagram photos where Dilbeck is drinking Moscow mules with
- 1:01:05his next door neighbor, another of Alliance board member.
- 1:01:11And it's just like, it's just like this.
- 1:01:12Never ending. Never ending well.
- 1:01:14It just keeps getting bigger. And they're asking and
- 1:01:18challenging him about this stuff and he's not consulting with the
- 1:01:22advisory office within the Department of Justice.
- 1:01:25So he's not taking all these steps.
- 1:01:27He's not that the court doesn't know about like truly, your
- 1:01:31attorneys actually file a motion to have him disqualified.
- 1:01:34That's where it lands, so we finally file.
- 1:01:37A motion to disqualify Assistant United States Attorney DH
- 1:01:40Dilbeck because of the relationships with Joe Harris
- 1:01:44and with another board member, Blair Humphreys, his former next
- 1:01:48door neighbor. And how long does it?
- 1:01:51Take for this motion and it's filed to you get a response
- 1:01:59positive from the judge that disqualifies an AUSA prosecutor.
- 1:02:05So pretty quickly, the government responded.
- 1:02:09And it was, you know, how dare you, right?
- 1:02:12Why would you ever? The nerve.
- 1:02:15And. Then what surprised us was I was
- 1:02:18in Nashville preparing for my to, you know, preparing for
- 1:02:21trial to testify in my own case. And the judge ordered us to
- 1:02:25respond, which is kind of weird because normally, you know, the
- 1:02:29judge just kind of lets you kind of volley it back and forth, and
- 1:02:32then he makes a decision. And so we responded, and then we
- 1:02:36showed up in court for a scheduling hearing.
- 1:02:39And that's when the judge heard evidence, if you will, from both
- 1:02:44sides about the conflict motion. OK.
- 1:02:50So he rules and. Disqualifies the AUSA.
- 1:02:55Is there any, like is it just a matter of fact ruling or it is
- 1:03:00does he give descriptive words of why he's done this So the the
- 1:03:04ruling did not come out? Until the next day.
- 1:03:09OK, if I remember, he didn't. He didn't rule the arguments.
- 1:03:12OK, they heard arguments. Still back and again this.
- 1:03:15Is in the public record, so this isn't an accusation.
- 1:03:18This is what happened. Initially indicated he didn't
- 1:03:20even know one of these board members and then we pulled, set
- 1:03:23up the Instagram photos and then all of a sudden he did.
- 1:03:26The criminal supervisor Jessica Perry for this area was
- 1:03:31screaming the F bomb at my attorneys and at her attorney's
- 1:03:36table. After Judge Bernard Jones walked
- 1:03:38out, I could hear her slamming doors and screaming going down
- 1:03:43the hallway. This hearing had gone so badly
- 1:03:47and so embarrassingly. And I'm just sitting there in
- 1:03:50the crowd just, like doing like that Baby Yoda, just like, what
- 1:03:53is going on here? And so he issues the ruling and
- 1:03:58you know, it sometimes judges issue an order and an opinion
- 1:04:03where they really go into all the things.
- 1:04:06He just issued an order that kind of just recapped all the
- 1:04:09stuff that we presented. And what did you think?
- 1:04:11I mean, what did you think this is?
- 1:04:12This is like. Something that doesn't happen,
- 1:04:14what was going through your mind so I would get the filings
- 1:04:18about. I mean, were you immediately
- 1:04:19thinking that possibly this could mean?
- 1:04:21That they're going to just dismiss the case?
- 1:04:23No. OK, no, so my attorney, I'd get
- 1:04:28the. Filings about a minute after
- 1:04:30they would and I get this phone call from my attorney and not
- 1:04:34Alex Ted who really. And he was the one that was
- 1:04:37doing all the writing like Ted was doing 90% of the the
- 1:04:41day-to-day work was Ted and he's freaking brilliant.
- 1:04:44And I just I get this phone call and I mean it's like Ted can't
- 1:04:47even get the words out. What, what.
- 1:04:49And then you know it comes through and we just we were
- 1:04:51shocked. We were shocked because even the
- 1:04:54judge was like he said, he said I as a judge, I want to follow
- 1:04:59precedent. I don't want to set precedent,
- 1:05:02but I will. This is very disturbing.
- 1:05:06Well, OK, so you get a new. Case or not, a new case, you get
- 1:05:10it. You get a new prosecutor.
- 1:05:12Then what is how long is this new prosecutor on the case to
- 1:05:17your attorneys talking back and forth with this new prosecutor
- 1:05:20that it appears that this is not going to be the same vigor and
- 1:05:26umph that Jill back had. Yeah.
- 1:05:29So we get a new. Prosecutor, if you're listening,
- 1:05:32Danielle London like to give you a shout out.
- 1:05:34I know it could not have been easy.
- 1:05:36I know that the office politics must have made it very difficult
- 1:05:40to walk this back. But thank you that you did.
- 1:05:44It was the right thing. But yeah, Danielle London is on
- 1:05:48the case. She's experienced, she's bright,
- 1:05:51she's typical the USA and I mean just right out of the gate.
- 1:05:55She and my attorney are just having quality normal everyone's
- 1:06:01everyone lives on planet Earth. In all the conversations with
- 1:06:05Danielle London, it's rational. She's not she's not giving in.
- 1:06:09She's not like, whatever you want, but we finally can have,
- 1:06:13like, a rational, adult, deconflicted conversation about
- 1:06:20just the facts because like, once Dilbeck's gone, it's like,
- 1:06:23that chapter is over now. How long does it take for
- 1:06:26Dilbeck to be gone? To where?
- 1:06:28You get your attorneys noticed that they're going to work out a
- 1:06:32deal where they are going to dismiss all the charges and have
- 1:06:36some kind of supervision thing. How long did all that take?
- 1:06:40Yeah, so we had we. Still were ready and wanted to
- 1:06:43try the case quickly but just scheduling it was like it was
- 1:06:47going to be October then November and then you know Alex
- 1:06:51had for the case for the trial right Yeah for the trial Alex
- 1:06:55yeah Alex had to go try another trial.
- 1:06:58He I guys got a busy schedule but.
- 1:07:01And so it turns out that the trial is going to be the, you
- 1:07:04know, start the week after Thanksgiving.
- 1:07:07OK. And so that's locked in.
- 1:07:09And then in early October, I think it was Danielle London
- 1:07:13reached out to my attorneys with just kind of this like, can we
- 1:07:17talk about why there have been no plea discussions in this
- 1:07:20case? Like what's.
- 1:07:22Yeah, just kind of this real kind of open handed, the soft,
- 1:07:26soft openings. Can we?
- 1:07:27Can we? Just talk like grown-ups.
- 1:07:30And so they have some conversations.
- 1:07:32With her and. There's kind of some ground
- 1:07:35rules laid that everybody feels good about.
- 1:07:38South Ted and Alex came to Oklahoma City in mid-october,
- 1:07:43met with her, met with another AUSA that's very experienced and
- 1:07:46just laid out all the evidence. Just, I just literally just
- 1:07:49tried our case in front of the, you know, in front of, you know,
- 1:07:542 prosecutors. So do they make a deal there or
- 1:07:58is? Something happened after that.
- 1:08:00Well, we left and you know I took.
- 1:08:02Alex and Ted back to the airport.
- 1:08:04We had Chick-fil-A and weighed the likelihood that they would
- 1:08:09dismiss it. We considered that they probably
- 1:08:11should dismiss it, but there was an option kind of a conditional
- 1:08:15kind of a conditional dismissal option that they had talked
- 1:08:18about that they thought I, you know, that, that that had merit
- 1:08:22to it. And you know, they did typical
- 1:08:25lawyer stuff. They said it was a better than
- 1:08:2750% chance that they had succeeded.
- 1:08:30And I dropped them off and they took off for Nashville.
- 1:08:35Wow, So what? How do you find?
- 1:08:37Out how do? You find out that this is this
- 1:08:39is all after 18 months of a nightmare on your family, your
- 1:08:42kids, everybody's lived through this.
- 1:08:44The press, how does it come? How's the news come to you?
- 1:08:46So there's three weeks of silence and.
- 1:08:49I mean, just dad silence and they're like, hey, we just need
- 1:08:52to stay put. We don't need to ask for an
- 1:08:53update. Let's just stay put.
- 1:08:56And then on a Friday morning in November, I get a phone call
- 1:09:00from Ted and he says, hold on. I'm I'm circling in Alex and I'm
- 1:09:04with my wife. We're, you know, at at home
- 1:09:08alone. And they debate who gets to tell
- 1:09:12me. And Alex says, hey, it's over.
- 1:09:14They're going to dismiss your, you know, they're going to
- 1:09:16dismiss all the charges. There's going to be this
- 1:09:19diversion that's set up that's, you know, it's, it's going to
- 1:09:22show dismissed on your record. It's, it's over the charges, the
- 1:09:26underlying charges that are dismissed.
- 1:09:28You know, for 18 months, you're going to have to do what you've
- 1:09:30done this whole time, which is have a job and not break the
- 1:09:34law. Yeah.
- 1:09:35Kind of like a supervision. Kind of like a supervision and
- 1:09:40you. Know a way for them to walk out
- 1:09:43with saying that they. Didn't give up everything.
- 1:09:46It was like, yeah, but they. Dismissed all the charges so you
- 1:09:50and. Your wife are sitting there.
- 1:09:52I think you've told me you were numb.
- 1:09:54What was your wife's reaction? Just crying?
- 1:09:56Yeah. Had to just be a total.
- 1:09:58Like just you're. You're you're fighting,
- 1:10:00fighting, fighting, fighting in the just emotional vomit.
- 1:10:03Yeah, just. Imagine your stomach is just
- 1:10:06full of every emotion and it all just kind of comes out all at
- 1:10:08once. So what do you think, Ryan
- 1:10:11about? If you were talking to somebody
- 1:10:14that recently got indicted and like you already threw up that
- 1:10:1897% people that are indicted plea, there's a lot of attorneys
- 1:10:23out there that said just give it a chance.
- 1:10:26Don't. Fold immediately because.
- 1:10:28You get with an attorney that is used to making deals because
- 1:10:31they do it almost all the time. What would you tell somebody
- 1:10:34about because you're you've experienced all of this, I would
- 1:10:37say that. If you have a plausible defense
- 1:10:45strategy, whatever that looks like, and I'm not a lawyer so I
- 1:10:49can't make plausible defense strategies.
- 1:10:52If you have a plausible you believe that what has happened
- 1:10:55to you. Has been wrong and you have
- 1:10:58something. To stand on right, you have
- 1:11:00facts, you have facts to. Stand on you.
- 1:11:03Have you know some viable, viable way to challenge any of
- 1:11:10the five elements of whatever fraud they're coming at you
- 1:11:14with? Then you have got to go get a
- 1:11:20trial attorney team. You've got to go hire someone
- 1:11:26who guys it on a trial, right? And and and they're not afraid
- 1:11:30to travel. They try cases all over the
- 1:11:33country, right? You're got to have.
- 1:11:37You got to have. You.
- 1:11:38Got to have you know, they, they come.
- 1:11:40In and it's lat and it's called Pro Hawk VJ.
- 1:11:43I call them pro Hawks. They got to swoop in.
- 1:11:46You got to get some pro Hawks that will swoop in and will
- 1:11:51zealously fight for you and put you in a position for an
- 1:11:54acquittal. Because we believed that I would
- 1:11:58be acquitted, we also feared that if my restless leg syndrome
- 1:12:04made me look nervous, some juror might not.
- 1:12:07What would a juror think? What would a juror think?
- 1:12:09And that's and. That's the whole thing.
- 1:12:11I mean, they're good. Enough at stacking charges that
- 1:12:14can, you know, some of them carry 10 years, some carry 20
- 1:12:16years and you can stack them and and they can, they can go
- 1:12:2020406080 a hundred 200 years. So you have to have this just
- 1:12:28built in. I don't care.
- 1:12:31I'm going to do it anyway and with the right team.
- 1:12:34But I reason I wanted you to tell your story and how what you
- 1:12:38had to do. It wasn't easy.
- 1:12:40There was nothing easy that happened.
- 1:12:42I mean, you, your, your family went through hell.
- 1:12:44Your kids saw stuff that they shouldn't have seen, but you
- 1:12:46stayed up, Sold our house to pay lawyers, sold your house to.
- 1:12:50Pay lawyers, you stayed. Up night after night after
- 1:12:53night, researching stuff that you would have never researched
- 1:12:55in your whole life. But you were fighting for
- 1:12:57yourself and your family. So there's nothing easy about
- 1:12:59it. But you did the work to get the
- 1:13:01right people in play to to be in a place where you could actually
- 1:13:06file these motions to where a judge could hear it.
- 1:13:08It would scare off the US attorney's office to the point
- 1:13:12where they said, hey, what are we doing?
- 1:13:14Let's talk about this. So it's it's just an incredible
- 1:13:17story, Ryan in fortitude, persistence, courage, grit.
- 1:13:22I just love it. And and it's it's one that I
- 1:13:24hope a lot of people listen to that, you know, for the people
- 1:13:28who've already gone through this, it just makes you feel
- 1:13:30good that somebody did it for the people are getting ready to
- 1:13:32go into it, man, do the work. And and you know, if you've got
- 1:13:37the the Elvis I gonads to go into it, make sure you got the
- 1:13:40right team. But if I was going to ask you,
- 1:13:43Ryan, what's your biggest take away is through all this, what
- 1:13:45would what do you think you'd say?
- 1:13:47You know, I would say that my biggest.
- 1:13:49Focus in the aftermath of all of this is just doing business,
- 1:13:55doing life, surrounding myself at work and at home with high
- 1:14:02quality men and women of integrity.
- 1:14:05Because the non paying customers that caused me to go bankrupt in
- 1:14:12the 1st place. I'd been warned that they were
- 1:14:16slimy and I thought, well, I'm not slimy and I'm going to have
- 1:14:20my IS dotted and my TS crossed. And if they try to get out of
- 1:14:24what they owe me, I'm going to have every I'm going to have
- 1:14:28everything on my side. You know, I look back at, you
- 1:14:31know, I dealt with this banker for a long time, dealt with this
- 1:14:34bank and you know, he just was unreliable, just didn't didn't
- 1:14:38really always follow through on these things.
- 1:14:40And so I thought, shame on me to think that, that you know, that,
- 1:14:45that there that, that you can work with unreliable, slimy
- 1:14:49people and you can think that they're going to hold up what's
- 1:14:54right and do what's right when the chips are down for you.
- 1:14:58And, and I just, I always, I had this like naivety about me that
- 1:15:02I thought if I did the right thing, told the truth, that,
- 1:15:06that it would work out for me. And then I realized I'm the one
- 1:15:10painted a criminal. I'm the one painted a bad guy.
- 1:15:13And maybe the real bad guys, you know, have to face consequences
- 1:15:18for lying to the FBI. Maybe they don't.
- 1:15:20But I just look at like this company I'm with now that you
- 1:15:23know it. And I don't just respect that
- 1:15:26they stuck with me. I just respect that they do
- 1:15:29business right and they do right by people even when it's
- 1:15:32inconvenient to them, even when it costs them money.
- 1:15:34And I'm just, I'm just obsessed now with just trying to surround
- 1:15:37myself with like minded folks that want to do it right and
- 1:15:41just running in the opposite direction of anything that even
- 1:15:45smells creative, smells like self help, smell shady.
- 1:15:49I'm just just Get Me Out of there.
- 1:15:51Just Get Me Out of there. I just just, if you fly up here
- 1:15:55and the decisions you make, you know, they won't be able to pull
- 1:15:59you down, you know, here like they can when you're flying
- 1:16:02closer to the ground. Yeah.
- 1:16:04No, I, I, I think it's a great take away.
- 1:16:06Don't swim with the wrong people because you can get, you know,
- 1:16:09you can get it on you and, and, and you're with a great company
- 1:16:14and thank God they, they, they stuck with you and gave you the
- 1:16:16opportunity and what a reward they got out of that.
- 1:16:18You know that that what a great situation for somebody to say,
- 1:16:22listen, innocent till proven guilty.
- 1:16:24We're going to stick with the NCA through this because they
- 1:16:26had, you know, there was fire all around.
- 1:16:28So I think it's a great and I want to add too, you know our
- 1:16:32department. At work has taken off, we're
- 1:16:34growing, we're expanding like it's incredible that their
- 1:16:38patience with me in return, you know, we built successful
- 1:16:43profitable projects all through that time period, built up
- 1:16:47customers, you know it's like like yeah, it's good for both
- 1:16:50sides. My other take away too would
- 1:16:52just. Be if you're.
- 1:16:53Out there and someone in your life that you have any decision
- 1:16:58making over, you know, finds themselves down the barrel of of
- 1:17:02this, like use some judgement, use some judgement, listen to
- 1:17:05it. And just I mean, how incredible
- 1:17:07for both of us that they're able to, you know, I'm able to build
- 1:17:10value for them. And then they also protected and
- 1:17:13were everything to me when I need it.
- 1:17:15It it's just it's amazing. It's fantastic and I love it.
- 1:17:19Love it for those guys out there that that take a chance and give
- 1:17:22people that are in this situation in the soup like you
- 1:17:25were, or when they get out and go into re entry and give
- 1:17:28somebody a chance because they're really looking for one.
- 1:17:30And fine. There's been all kinds of
- 1:17:32articles written about the fact that these people desperately
- 1:17:34want jobs and they're going to be more loyal percentage wise
- 1:17:37than just the regular person. So, so remember that if you're
- 1:17:41starting a business or you got a business that's looking for
- 1:17:43people. Talk about gratitude.
- 1:17:45I want to give a shout out to Homestead Financial who lets me
- 1:17:48use this podcast studio with all the fancy cameras and lights.
- 1:17:52I appreciate it. If anybody has home mortgage and
- 1:17:54he's out there Greg, after you have as your guy, he knows all
- 1:17:56that stuff. Hey, if you're looking for a
- 1:17:57book out there, I got one, check it out on Amazon or Barnes and
- 1:18:01Noble. It's not even our success,
- 1:18:03loyalty, betrayal, life behind bars, adapting, finally breaking
- 1:18:05free. Got time to leave me a review on
- 1:18:07Apple that just love it. Love reading that stuff helps
- 1:18:10the show. And if you want to know what I'm
- 1:18:12doing, go to brentcassidy.com. I spell it wrong.
- 1:18:15Spell it with ATY, not a DY, as I used to say to my people when
- 1:18:18I was writing my emails. Back and forth from love and
- 1:18:19work. Stay strong.
- 1:18:20I'll do the same. And this is a great episode
- 1:18:24that's a little bit different than our normal episodes.
- 1:18:27And I like that because this gives some people out there hope
- 1:18:32that I stick to it. I've got the facts in my favor.
- 1:18:35I'm not going to give up. I'm going to fight.
- 1:18:37And then you fought and won. What a great story.
- 1:18:41What a great story, man. Thanks for sharing it.
- 1:18:43Well, thanks for having me on. All right, folks, nightmare
- 1:18:47success. In and out.