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Camp Zoe Update: Bank Tells Feds to Get Lost

Jimmy Tebeau-thumb-250x350.jpg
Jimmy Tebeau: Even if the government doesn't get his land, the bank might.
It's been awhile since we checked in on the case against Jimmy Tebeau's Camp Zoe, subject of our earlier feature, "Shakedown."

And, it turns out, there's an interesting new wrinkle: The feds aren't the only people laying claim to Camp Zoe.

The U.S. Attorney's Office has asked for a stay in its attempt to seize the 350-acre campground in central Missouri, saying they want to focus on a corollary criminal investigation. (As Daily RFT first reported in November, the DEA, Missouri State Highway Patrol and U.S. Attorney's Office have brought an "asset forfeiture" case related to the property, alleging widespread drug use and attempting to seize the land.)

But now another party has weighed in on the case. Earlier this year, court records show, PNC Bank intervened in the asset forfeiture case, saying they hold the mortgage to the property.

And while they haven't moved to foreclose, the bank does note that Tebeau has been in default on its loan since November 2010.

On first glance, the whole thing seems miserably unfair. PNC's motion allege that Tebeau missed his first payment in November 2010 -- which is precisely when the feds swooped in and attempted to seize the property. Not coincidentally, at the same time, according to Tebeau's attorney Dan Viets, they also raided his personal account. No wonder the guy started missing mortgage payments.

As Viets told Daily RFT at the time:

They took all of his money from his bank account. Whether they get to keep it is another matter, but they seized it. It is incredible what the federal government can do to people or a business based merely on allegations with no evidence whatsoever. When they take all your money its pretty hard to hire a lawyer. They know that, and they're depriving a citizen or a business owner of his right to counsel.
But there may be more to this story. We can't help but wonder if the bank's action could actually help push back the feds and their claim.

According to the bank's claim, filed in late January, Tebeau's unpaid principal with the bank is $376,596. At the time of the filing, he'd missed three payments, racking up an additional $4,000 in interest and fees.

And yet they haven't moved to foreclose. Instead, they're merely trying to assert to the feds that they have the first lien on the property -- meaning the feds can't just take the land. If Tebeau's really in default, it belongs to them. Yeah, maybe not the greatest news for Tebeau, but certainly really bad news for the greedy government.

The bank's attorney, Scott Greenberg of Sandberg Phoenix & von Gontard P.C., declined comment. We also have a call out to Tebeau's attorney, Viets; we hope to have more on this story as it develops.

For the record, while Tebeau faces charges of felony tax evasion in state court related to the feds' Camp Zoe investigation, he has yet to be charged with any drug-related crime.
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15 comments
Dan
Dan

This is where the left needs to check what the Tea Party is, not what the Media says it is.This abuse by government, in violation of the Constitution is exactly what the Tea Party is against. Remember, all you who voted for Obama, you wanted change....you got it.Check "cruel and unusual punishment". Seizure laws without criminal charges was intended to take property from big drug dealers with major assets and no obvious legal earnings. It was intended to grab property from major criminals. It was extended to take the crack houses from the slumlords (but why without the benifit of a jury trial, which our founding fathers guarenteed us). They sease the money he can use for attornys so he cannot afford a legal team to defend himself...how is this constitutional.

Also Article 39 of the Magna Carta, (Jury by trail before being deprived of land or banished) 39.       No freeman shall be arrested or imprisoned or deprived of his freehold or outlawed or banished or in any way ruined, nor will we take or order action against him, except by the lawful judgment of his equals and according to the law of the land. 

Boyerbarner
Boyerbarner

I was a camper and counselor at Camp Zoe for eight or nine year. FUCK the government on this one.

Q:1984A:1776
Q:1984A:1776

We all know that our government is acting criminally. We have tried to protest peacefully for ages. We have gone through all of the legal venues and are still being shot down and attacked in turn when we exercise our constitutional rights. Our government becomes more and more aggressive and totalitarian year by year. When will it be enough that we stand together and exercise our right as set forth in our original declaration of independence: "That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." JFK once said, "Those who make peaceful revolution impossible will make violent revolution inevitable." Our peaceful revolution has failed through the complacency of good men and utterly crushed by the uncompromising iron fist of evil men. When will be the time to act in the spirit of our founding fathers? I say that time is now people!

Drumboy Bryan
Drumboy Bryan

this is so crazy. everything our forefathers fought for is no more...free country my ass....take all your stuff then say, " oh you don't have the money for an attorney? we will appoint you one that works for us...( public pretender, not defender)"

el nino
el nino

If they can seize camp zoe then whats stopping them from seizing Verizon Ampitheatre, or the Pageant or any other venue that holds concerts. I've personally seen widespread drug use and sales by patrons at just about all of the concert venues I've attended. I guess nobody noticed the plume of smoke at Scottrade during the Lil Wayne show.

not again
not again

The asset forfeiture laws that the Feds use are grossly unfair and most probably unconstitutional, but it will likely take a Supreme Court ruling to repeal them.As Mocavin points out, the feds have been doing this for over 25 years, and very few individuals have had any success in getting their property and money back.

Earlier articles state that there were connections to other drug enterprises in Colorado, California, and Oregon; the US Attorney's Office has a "concurrant criminal investigation".So this is just part of a larger "sweep", and we should expect to eventually see several people, maybe including Mr. Tebeau, charged with conspiracy, racketeering, obstruction of justice, postal crimes, etc. We can be sure that some of the players are offered deals and/or put to work, while the rest are left to rot. Pretty effing rotten, but standard procedure.

The feds are pros at taking down highly-organized drug armies; remember, many CIA operatives from Russia & Eastern Europe were reassigned to domestic fed law enforcement, especially the DEA.Finding out what anybody is doing anywhere anytime is their stock-in-trade.They have the best technologies available and professionals from all fields in their ranks.Their legal teams routinely take on huge corporations, banks, and countries.They have forced governments, leaders like Noriega and NY/NJ mafia members to cooperate with their agendas- who can stand agaist them?

Tis hungry beast, indeed.

Geographer
Geographer

Camp Zoe is in Shannon County, which is in southeastern Missouri, not central Missouri. Just an FYI.

Oh yeah, the seizure of the camp is complete bullshit. But everyone already knows that.

Billly
Billly

If I were Tebeau, I'd be in active conversations with the loan officer here to work with the bank against the feds. They don't want the property - they want their money. To the extent they can assert their rights to first payment, it will at least disincentivize the government from what will essentially amount to a seizure for the benefit of the bank (I imagine there's a real takings issue if the feds don't pay the bank in full the value of its loan, particularly if an appraisal shows the fair market value of the property to be in excess of the past-due amount).

If we've learned anything in the past few years, it's that it's politically unsound (at least inside the beltway) to piss off the banks. If there's a way the DEA could screw this up, this would be it.

Bill Hannegan
Bill Hannegan

Sarah, how much would have to be raised to keep the bank from taking Zoe?

Dan
Dan

Gee you sound like the Tea Party....Constitutional as the law of the land...what a concept.No change, just follow the constitution, what a concept.

Jimmy
Jimmy

Right on man. Our government is the biggest bunch of criminals in our country. I call to all of the red blooded american's who are tired of our government taking our rights away from us to stand tall and be heard. We can win this battle if we all stick together. Get rid of Obama and the rest of the crooks in Washington. They are taking us down, our country will be broken up into several countries if Obama stays in office. They are destroying all business owners in the U. S. not just camp Zoe. 

Dan
Dan

Actually, I don't want change like this..I want the government to follow the U.S. Constitution, which requires at least a jury of your peers for matters legal and civil.If you want change...get Obama to reel in his justice department. He is the lord and master of the Justice department who is pulling this unconstitutional crap...See they are stealing property from the freeman without the benifit of jury, access to a jury is according to the founding fathers sacred. Read Virginia Bill of Rights from the 1780s and the magna carta (especially article 39)

Mocavin
Mocavin

There is a problem here. The LAW in which the feds are using to seize property is a clause to the law know as R.I.C.O. = Racketeering Influenced Criminal Organizations. Under this law the clause used here is Continuing A Criminal Enterprise. And under the Continuing Criminal Enterprise there is another clause of Asset Forfeiture. Seems if a person accused of helping or providing help in any manner can be subject to having all of their assets seized. Back in the 1980's a man in Florida had a garage he owned for nearly 50 years and decided to retire. He planned on selling the business and live off the money from the sale. Seems an elderly woman approached him and wanted to buy the business for her son who was a mechanic. She paid a large potion of the asking price in cash and the man selling agreed to carry a second mortgage on the property. He realized he could live off the mortgage payment and keep the remainder as a nest egg. Everything went fine for about 2 years and then the payments just stopped. He now lived out of state a so he went back to Florida to get some of the money he was owed. When he arrived he found the business closed and padlocked and a sign stating "Property Of US Government" he then inquired with a number on the sign and was told the property was seized for being used a a place selling cocaine. and the Government now owned the property. He told them that NO He in Fact held the note on the property and it was his until the note was paid off. The government said that under asset forfeiture they were the rightful owners. He spent every last dime he had fighting this case. He was left to retire broke no income, no property. And lost everything. Government has been doing this for the last 25+ years to fund the pocket books of Police Agencies. Feds get 10 % local police get the rest. Now in light of this do you believe they are to walk away from all that FREE MONEY especially when they say they are broke. And don't even look for any substances to become legalized. There is too much money in it for the Government to keep and make more things illegal. IT FEEDS THEIR SYSTEM. Just something for thought. WE ARE PRAYING FOR YOU JIMMY !!!!!! Hope all works out well one can only have hope

Brittney Bracken
Brittney Bracken

It would also feed the system to legalize marajhuana. The money they would get from the taxes of the weed itself plus the buisnisses it would create would be just as much if not more than what you're talking about in the long run. Not to mention it would create more jobs to help our economy. California's economy is doing just fine. Know why? Medical marijhuana is legal there and the money the state government is getting from it is substantial. Know what you're talking about.

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