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Brian Jared Smart
Utah County Booking Photo Brian Jared Smart , Nov 2008
His Hobbies  Include :	Robbing Elderly Widows, Money Laundering, Embezzlement, Story Telling, Trail Running & Making Babies - lots & lots of babies
Born	October 29, 1976 Salt Lake City UTAH
Current Charges	Violation of the Investment Advisors act of 1940 - 4/20/2012 Case File No. 3-14851
Current Charges	AVOIDANCE OF FRAUDULENT TRANSFER - 2:2011-cv-01170 12/15/2011
Convicted	Securities fraud June 6 2011 Section 17(a) of the SecuritiesAct of 1933, 15 U.S.C. § 77q(a), Section 10(b) of the Exchange Act, 15 U.S.C § 78j(b),and Rule 10b-5 thereunder, 17 C.F.R. § 240.10b-5          JUDGMENT AMOUNT: $4,715,580.00
Convicted	Fraud & Embezzlement October 3, 2011 Judgment in favor of victims Lee and Brown, as to section 523(A)(2)(a), 523(A)(4), and 523(A)(19) in the amount of $561,817.00  as non dischargeable for life (entered Dec. 5 2011)
The Appeal WAS Rejected	"The circumstances of Smart’s invocation of the Fifth Amendment reveal that he was using the privilege to manipulate the litigation process"
I.R.S. Debt	$538,500.79
PRISON
A. K. A. .	BJ the Scumbag
Spouse	Kelli Rae Winger Smart
Parents	Edie Rona & Paul Leslie Smart
Vasectomy	Botched
Religion	Removed from Mormon Church January, 2012
Children	9

Brian J. Smart  is a narcissistic delusional American sociopath & psychopath, he is a predator, and he is a convicted PONZI scammer, convicted on June 6th 2011 by US Federal Judge Dale Kimball of securities fraud; he is also the father of 9 children. Smart is the most notable resident of Lehi, Utah, and together with his wife, Kelli Rae, heads the defunct investment company Smart Assets, LLC. Today Smart is living in the big house he bought with the stolen loot from his crime, caring for his many babies and collecting welfare. To date not one dime has been recovered for his victims. He enjoys running & making babies. Brian Smart owes a total of $4,714,580 dollars, under the judgment in favor of the SEC, he has an additional debt to the IRS of $538,500.79. His debts to some of the victims are Non Dischargeable, FOR THE BALANCE OF HIS NATURAL LIFE. Welfare payments for the 9 children he made gives him loads of free time to care for his big home & large family, with the free money he now collects from the government welfare program as a reward for making nine babies using the widows stolen loot. On October 11, 2011 a week after a non dischargeable Judgment was ordered upon him, (October 3, 2011) Brian J Smart placed his wife "deep under the bus" and transferred all his interest in the home in Lehi UTAH to his wife: Kelli Smart for Ten (10.00) dollars exposing her to litigation and the courts. Coincidently, his Bankruptcy was discharged on December 7th (2011) a day that will live in infamy  70 years to the day after the Pearl Harbor attack - (See the Speech). Just a week later the FBI raided his friends and business associates: Management Solutions Inc. whom had been providing Smart with his income. On December 15th of 2011 another law suit was filed upon Brian J Smart for Fraudulent Transfer of Real Estate by an a Large New York Law firm representing 3 of his victims. Named in this new complaint were Allen and Wendell Jacobson. The complaint, it turns out was filed only moments after the SEC filed and subsequently, the FBI also conducted a raid upon the home and office of Wendell Jacobson, taking down a 220 million dollar PONZI scam in what the Security and Exchange Commission has said is Utah's version of the Madoff Ponzi scheme and the single largest fraud ever in the history of Utah. A brother of the Jacobson's also made a run on the bank and took 700k that he later returned to the SEC. The next day December 16th the IRS filed a lien upon B Smart for unreported income (stolen loot) in the amount of $538,500.79. December 30th attorneys for Allen Jacobson filed a request for Mr. Jacobson claiming that he was upset the FBI took pictures of his underwear, among other complaints. page 7 line 5. Mr. Jacobson was in court papers once again said to have been going through large amounts of money in Las Vegas Casino's, where he was checking in under the ALAIS of Charles Schwartz, and would keep his betting limits under the 10,000 dollar cap to avoid attention. The complete transcript of the deposition of Wendell Jacobson is available HERE. In May of 2012 the SEC filed papers showing that Allen Jacobson and his wife have been hiding money and a car. In the SEC's motion, filed 5/2/2012 it shows that Jacobson has been hiding hundreds of thousands of dollars and manipulating the money bouncing it around a number of banks. On 5/8 Judge Jenkins GRANTED the SEC motion to hold Allen Jacobson in contempt for his violations of the receivership orders, setting a hearing on May 21st at 10am for contempt of court.

Contents 1 SEC charges 2 Laundering Money 3 Federal Case Index 4 References

[edit] SEC charges

On March 11, 2009, in the Utah Federal Courts, Judge Bruce S. Jenkins granted, for the Security and Exchange Commission (SEC) an injunction temporarily freezing the assets of Brian J. Smart  and Smart  Assets, LLC, (SALLC) furthermore ceasing them from continuing to engage in the fraudulent offer and sale of securities. The District of Utah froze the defendants' assets in what the complaint describes as a "3 phase" six-year operation that Smart  had used to facilitate his Ponzi scheme. A permanent injunction hearing requesting a permanent asset freeze was, once again reset on May 26 to a later date, in the Utah District Court. ^[1]

Smart  supposedly promised returns of 8.5 to 18 percent, but SEC lawyer Thomas Melton, in radio interviews on March 12 and 13th 2009, said that Smart  never invested the money. "What he did instead was spent a large amount of the money on his own personal uses," Melton said. "He invested on some risky real estate deals. He also paid out some investors' money to earlier investors." According to the complaint, Smart  misappropriated some investor funds for his personal use including purchasing a home and paying for his living expenses to support his wife and seven children. Melton said that Smart  went to great lengths to convince investors he was a sophisticated investment professional, when the money was really being diverted to Smart's own personal use and business operations. ^[2]

The commission's complaint alleges that Smart  and Smart Assets, LLC, engaged in a Ponzi scheme in the offer and sale of promissory notes and other securities over a period extending back at least six years. According to the complaint, the defendants fraudulently raised approximately $1.68 million from investors. Later that figure was raised to 2.05 million. The complaint isolates three phases of Smart's alleged Ponzi scheme.

In the first phase he is said to have converted money invested with his father in law's company, AIM, in Anaheim, California by way of forgery. It is alleged that he forged the signature of a client to gain control of and then liquidate the life savings of an Alzheimer's victim and his wife, after his death. In the first stage of the fraud, Smart solicited investors, most of them elderly, from acquaintances and clients he had at the AIM Association, a financial planning and insurance firm in Anaheim, California. Smart was affiliated with AIM, but was terminated in 2004. Despite being terminated, he continued to represent orally and in e-mails that he was still associated with the company. He told one investor in August 2007 that he was helping to set up an AIM office in Utah with the assistance of his supervisors when, in fact, he had not been associated with the company for over three years.

Smart represented to these investors that, through the various entities with which he was affiliated, he was providing a conservative, sound investment opportunity for them to receive regular monthly income.

The commission's complaint goes on to allege that Smart went to great lengths to convince the investors that he was a sophisticated investment professional operating a legitimate investment planning service, when in fact he was misappropriating funds for his own personal use and investing the remaining funds entrusted to him in illiquid and ill-fated real estate ventures.

The complaint describes how in the second stage of the fraud, having invested the money in a failed real estate transaction instead of in conservative investments as promised, defendants began soliciting additional investors and providing these new investors with promissory notes and certificates to memorialize the monies invested. Smart provided at least one investor with a "Membership Certificate" for Smart Assets, LLC (SALLC) purportedly representing 200,000 units of membership in SALLC. The certificate, which resembles a stock certificate, was signed by Smart, and appears to memorialize an investment of $200,000. Smart provided the investors with promissory notes issued by SALLC and in his capacity as an individual. These promissory notes were for annual rates of return of 8.5% to 18%

In the third stage of the fraud, Smart represented to a group of investors that he was using the money invested with him to lend out at higher rates through a "hard money loans" program. Smart issued promissory notes to these investors and told them that he would in tum lend out the money invested at higher interest rates. Some of the money he obtained was lent to a start-up company with which Smart was affiliated and the remainder was used to pay off earlier investors.

Judge Kimball ruled that Smart and his "Smart Assets" violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the US Securities Exchange Act of 1934 as well as Rule 10b-5 and fined the bastard almost 5 million dollars. He has never paid one dime and has been collecting money form the Jacobson Scam, all while in Bankruptcy, and collecting federal money from the government and from the Jacobson's PONZI scheme.

 Laundering Money with Wendell and Allen Jacobson

SNOWPALMS ESTATES was the "Big Kahuna" for Smart, he was really just another loser, he had lost on many of the deals that had come before him but after 2 deals in UTAH funded he has enough cash to go big and Hawaii was big for Smart. It was time for Smart to be a Winner!

Brian Jared Smart and Dale Derett Harding  had converted a project in Park City, UTAH into a scam to obtain some funding (700k) with that he pooled with the dough cash he got from the Draper project, a project that he managed to obtain first trusts deeds twice upon, (Dreamspace & Off Piste Capital) leaving him with an excess of 1.7 million dollars in cash. Dale Derett Harding invited his brother in law Todd Clayton Smith into his "crew" and the three dove into the Hawaii project head first. BJ Smart was the big guy in the group, he had financial statements that showed his net worth was close to 20, million dollars and the bogus tax returns that he had been passing around supports that fantasy. Smart was the high roller he wanted to be but he was hiding a secret, it was all bullshit, he had nothing but the money that he stole from elderly widows and the credit that he managed to create for himself using the stolen loot.

In spite of that he bought the property that was located on the Island of MAUI, 125 ACRES in the pineapple plantations upcountry Kula Maui and he went in with all the cash he had.

Smart's contribution to the MAUI deal as of October 30, 2007 was 2,887,767 dollars but it simply was not enough. His old pal Todd Clayton Smith was happy to bring in another businessman that might be able to help. Robert McDermott pitched the project to Allen Jacobson and his father Wendell were well know in UTAH, at least the LIONS share of Law Firms knew them and none had anything nice to say for them. The Jacobson's, both the 58 year old father and son were charged with the creation of the largest fraud in UTAH history. The SEC filed on the same day, Brian Jared Smart was sued again for fraud in a complaint that details a financial fraud that took in money from one PONZI scam and simply funded another. Allen Jacobson and his father Wendell are named in the complaint with Smart as defendants.

In short order Smart was in trouble, and one of his partners had heard about Wendell and Allen Jacobson. The Jacobson's were in the process of setting up another PONZI scam and welcomed Smart into the deal with open arms. Robert McDermott did the Due Diligence for the project, listing Smart, Smith and Harding as the owners and he was also showing that Smart had placed 2.8 million down. Smart needed cash to pay off the first and develop the property into the images that he had fixed in his mind. He had already started the process of obtaining the permits needed and was well on his way to making something of the project, it was just he was out of money and Smarts "victims" were getting restless, and wanted money. BJ Smart was in trouble, and knowing that his victims were hot on his tail he teamed up with the Jacobson's, trading his equity to them in a complex deal that would provide for what he was told would provide him with a regular income. In a complex series of transactions that were clearly designed to foil his victims. The Snowplam Spreadsheet shows that the total value of the project was in December of 2008 12, million and Smart, Jacobson and McDermott are listed as the 3 parties that contributed to the deal, but the document that shows the series of complex transactions shows a whole series of LLC's evolving out of the project. Now that the Security and Exchange Commission has busted the Jacobson's this whole plot map comes to light in a manner that now makes total sense. Next Snowplam was sold to Iosepa for a Hundred Bucks and it looks like the deal started to implode. A attorney hired by Smart Harding and Smith let the beans spill when it Jacobson tried to cut them out of the deal. A letter that was produced listed Smart early in the letter then he refers to the 20% ownership in the hands of Harding (or his assignors) and omits Smart clearly showing that Harding is acting as a PROXY to Brian Smart in this document

The checks had already started flowing for the Smart, from the Jacobson's, to BRAIN JARED SMART and his pals, in December of 2008 Allen Jacobson offered what was the pivotal pin in that started  the unraveling of Utah's largest FRAUD & PONZI scheme EVER.

In December of 2008 one of Smart's victims had a 3rd party contact Allen Jacobson. Jacobson was ready to talk and he was boasting about the projects. He forwarded his and his fathers financial documents HERE & résumé HERE to the person and started to pile the crap on thick. He had a number of projects and he had a story to back it up. The MAUI SCAM, was the main interest for the 3rd party and Jacobson explained that he, Robert McDermott and Brian Smart had 12 million into the project and then produced records that show Smart contributed 2,877.757.00 into the project. Jacobson then proceeded to produce a series of transactions that were designed to show that the MAUI project had changed hands many time each for 100 dollars or for nothing whatsoever. Later the truth became apparent when a document was at long last produced that shows BJ and his cronies owned 20% of a 20,000,000 dollar project and both Smart and the Jacobson's had been hiding this the entire time. Perhaps it was these documents that were the tipping point for the Fed's but Jacobson was moving forward with total ignorant bliss and was out looking for new money as the feds were closing in. Even the new website Jacobson had made had the project now listed at 20 million dollars and BJ with his cronies in tow owned 22.5%, yet when served with a subpoena for records the web company said that it had no records/e mail/receipts or anything that was related to the nice job it did building this website, according to "Jerry Eves" for Creatus, LLC and he was never paid for the work..

During 2010 the Jacobson's were fighting a few lawsuits but the Brian J Smart Adversarial case was front and center and both the Jacobson's tried hard to hide that from the other investors. Brian Smart was not about to give up any of the money that he had stolen, he was entitled to the use of that money regardless of what any court said so he refused to answer questions over 500 times. Read the Complete SEC Deposition of Brian Jared Smart 6/04/10 part 1: HERE & part 2: HERE  that put into motion the process of tearing down both Brian Smarts illusion as well as the largest PONZI Scam in the history of UTAH. BJ Smarts big mouth had uttered FAR much BS to too many people, for far too long for this is to just go away. It is interesting to note that Smart, during the SEC deposition claimed that he was just a consultant, then he said that the project was foreclosed upon, The he just plead the 5th. The Attorney the Jacobson's had hired thought he was slick and tried to quash the subpoena in a manner that was just outright stupid claiming that it should be dis allowed on the grounds of bad acting (acting like a lawyer)..

  The objection drafted by Victim Brown was wonderful to read and it told the story like it should be told right from the mouth of a elderly victim, of Brian J Smart..

Jacobson stipulated to produce the documents and after almost 2 months nothing was produced. A motion to compel was filed and served upon him and he after 6 months of creating a centrifugal of bullshit he produced part of the records that show that the Jacobson's were Laundering Large Amounts of Cash. He created every type of diversion he could dream up but nothing swayed the victims advocate here & here, as he continued for 2 years to pound upon Jacobson with document production requests and subpoenas. Perhaps Jacobson was thinking that it would all just go away, but he was wrong once even offering to his attorney Stubbs that he might hire him some day. Jacobson's were in the target's of a group of victims of the Smart BJ for years, the case was driven forward by one of the victims sons, and the documents that were produced with the case, along with the personal efforts of the son of one of Smarts victims went on tirelessly. As documents were produced many of them were forwarded to the federal investigators at the same time. Back in October of 2011, the nice people at Parkwood and Starwood management offered a letter that said Jacobson had nothing to do with those businesses and said the 2 were just using office space and internet (website and e mail). It went on to say that all of them had moved to Fountain Green, Utah ‎ It looks like that was yet another ruse designed to foil efforts to collect the money obtained via a prior PONZI scam, as the company was part of a much larger PONZI scheme and was not about to give up a dime of any of the stolen loot & plunder. In January of 2011 the transcript of hearing that was argued by attorneys for the Jacobsons and the SEC demonstrated that these companies are in fact owned by Evan Jacobson, yet another relative of the Allen and Wendell.

Jacobson's story, in writing from UTAH Attorney "Mark Stubbs" was that the Jacobson's were "Salt of the Earth Guys" and that "The MAUI" project was bought by them fair and square for 100 dollars. Early claims forwarded to the victims from Stubbs were to the effect that "Smart had no interest" then later that changed to "He has a small interest" and we would be happy to fork over the "cost of litigation" if you drop the matter and do not file. Turns out that Stubbs was full of "doo doo" the whole time and he was playing a game with someone who could not be played. Looks like it has come back to haunt him now as his clients are now in really hot water..

Private efforts by the victims discovered a pile of evidence that the whole crew were laundering money and at each and every junction the victims adversary would provide notice & copies to the Federal authorities with regard to his discoveries.. In October of 2011 one of the victims traveled to Hawaii and discovered a mountain of documents filed in the public records that show transfers for little or no consideration whatsoever of the MAUI project, all designed to foil and hinder the victims efforts to recover the stolen loot obtained by B J Smart.

A website created by the victims of Smart had for months posted publicly that the Jacobson's were going to be named in a complaint and that the complaint would be filed on December 15th. The site also had documents that were poised to be filed, a lien upon the project rather quickly, so it was nice that the SEC & the FBI did not have then spend too much time effort or money that would have caused further financial discomfort to the small band of Victims that Brian Smart had ripped off. Remarkably the victims lawsuit was filed within only minutes of the SEC filing its complaint and only moments before over a dozen FBI and federal regulators raided the Fountain Green, Utah ‎ home and offices of Allen and Wendell Jacobson. Investigators have said that it looks like the Jacobson's were caught "Flat Footed" once it was discovered that Allen Jacobson had made a run on the bank.

Early reports from the SEC and the receiver show that the Jacobson's were controlling over 550 bank accounts, later updated to 660 and were in the process of removing cash and records when the FBI raid took place. Receivers updated deceleration shows that most the Cash is gone, and he was having a hard time finding money due to the complex nature of the transactions that had taken place. No real recording keeping system was in place and the Jacobson's had been moving millions of dollars around in banks but no accounting system and no cash. Turns out that Jacobson and his crew knew the feds were hot on his tail. The SEC served him with subpoenas for records already and he had hired a Salt Lake City attorney to deal with the SEC. At some point the Attorney instructed Jacobson to notify the victims that a repurchase agreement needed to be excited as the paperwork was not filed in proper form. The truth was the Security and Exchange commissions was about to take the whole scam down.

Allen Jacobson was nice enough to run down to the bank in Fountain Green, Utah ‎ hours after the FBI raided the home and office of he and his father at the bank Allen Jacobson drew upon 2 accounts and wrote checks for 220,000 dollars. With that Allen Jacobson tried top purchase a cashers check made payable (foot note said it was a deposit) to a Large Salt Lake Law Firm, "Carman Lehnhof Israelsen LLP" whom presented the check after the bank received notice that the freeze order was in effect. The check was presented by the law firm to cash and it was declined due to the SEC freeze order. The bank filed a motion to be held harmless the day before the Christmas holiday.

It now looks like Smart had exchanged equity in Hawaii for a income producing project from the Jacobson's. Jacobson clearly knew about the SEC actions and much like BJ Smart before him Allen Jacobson was so full of himself that he thought he was above the law and he offered to help Smart keep the booty of the PONZI scam that Smart had been busted for creating. Smart, had a plan. He assigned his equity to a 3rd party and it has been reported that he was receiving 8000 dollars here & here a month from the Jacobson's all while crying poverty and claiming in court that he could not afford a attorney, and receiving federal government Aid. Smart had taken in over 90k in the months before the SEC filed its action but in court he said that Smart was broke and could not afford a attorney. It was just a game. What a clever little fellow Brian J Smart is.

Multiple Papers (motions) have been filed with the courts relating to the relatives of Allen and Wendell Jacobson that are still working at the company. Seems that many were getting free paychecks and medical insurance. The motion asks that the court allow the persons to be fired as each is undermining the efforts of the receiver and presumably these family members are now frustrated as it was fun spending all that money and no one is really hiring "former PONZI scammers" in UTAH right now as it would seem that plenty of them are floating around, so it might be hard to obtain quality and gainful employment with that on your résumé.

On December 30th attorneys for Allen Jacobson filed a MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson requesting that the court allow him to have all his stuff back. He is upset that the FBI was in Mr. and Mrs. Jacobson’s underwear drawer's taking pictures. He want his nice house keys and he wants the receiver to not share anything with the FBI or the SEC and he would like them to just to go away and it looks like he too plans to plead the 5th just like his buddy Brian Jared Smart did.. The receiver has a wonderful website that provides details on a regular basis located HERE: http://managementsolutionsreceivership.com/  Stay Tuned Folks

PONZI - SEC legal action

Brian J Smart at one time had retained, Early in the SEC case only for interviews and contact with the SEC, noted Salt Lake City attorney Paul T. Moxley, with the law offices of Parsons, Kinghorn and Harris. The website for Mr. Moxley states that he is an expert in "Security Violation and White Collar Crime". A request for more time to reply to the complaint was filed on March 30 3:42pm. The next hearing on the Utah action is May 26, 2009. Any and all of Mr. Smarts assets are frozen until at least the May 26th hearing.

During his preliminary March 10 2009 testimony to the SEC Brian J Smart  invoked his rights under the Fifth Amendment to the United States Constitution; court papers state that he and his lawyer were unable to isolate the provision he was relying upon. All questions to him were answered with the same reply.^[4]

An investigator with the Grantham Law Firm has posted an email that an associate of Smart's (Todd Clayton Smith) sent to the investigator via email and explained that he was lent $150,000 by Brian J Smart, and that he paid Brian J Smart back $700k ^[5]

On March 30 2009, on the eve of the due date for the Answer to the Complaint, and on the day that the answers to the first set of Interrogatories were due to the court, Brian J Smart filed a request Pro Se requesting more time to answer the SEC complaint. In his motion he stated that Attorney Paul Moxley's office has had "conversation with him" regarding this matter but that he is not able to afford his services and needs more time. ^[6]

On April 1, 2009 the SEC filed Partial Opposition to the Motion of Brian J Smart and Smart Assets LLC for the Extension of Time. The SEC argued that the Scumbag Smart has had enough time to produce records and documents but had not produced any financial records or account statements. This motion allows the extension of time to file answers to the complaint but objects to extensions of time for production of documents. It requested that production take place within seven days and agreed to extend time for his reply to April 22, 2009 ^[7] The April 1 SEC filing also noted that although Brian J Smart has pointed out the problem that he can not afford an attorney, as a result of the court ordered freeze and requested more time, in its moving papers the SEC claims that Brian J Smart had not offered a solution as to how he plans to finance his legal expenses.

On April 17th 2009, Judge Dale A. Kimball issued an order and set a deadline of April 22, 2009 for the filing of a answer to the complaint. Judge Kimball also issued an order providing a deadline of noon April 24, 2009 for the production of all discovery.

Furthermore Judge Kimball placed on notice Brian J Smart to the effect that the court can not allow a non-attorney to represent a corporation in a court matter: “As a general matter, a corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se.” The court continued by noticing Brian J Smart that he must obtain counsel or risk having a default entered upon his company, Smart Assets LLC. ^[8]

April 22, 2009 Smart Assets LLC's new attorneys filed an answer to the SEC complaint on SALLC's behalf. His answer was to deny SEC's charges upon him in what is considered "a general denial" to the charges alleged in the SEC complaint. ^[9] Brian J Smart also filed a answer In Pro Se again in what is considered "a general denial" to the charges alleged in the SEC complaint. Also filed on 4/24/2009 was a ^[10] The service document was filed by attorneys Gordon W. Duval and J. Grant Moody, of Duval & Moody P.C. 937 South 500 East, Suite 200 (no city or state was listed on any this firms court filings) Further court documents (case management documents) show that Mr. Duval, as attorney for Smart Assets LLC, would like to withdraw if and when Brian J Smart (BJ) ever gets his own attorney.

On June 19th of 2009 The SEC filed a motion for injunction and in the supporting documents, during the deposition of Brian J Smart, who did not appear at his own deposition, but did appear at the Deposition for Smart Assets LLC with his attorney, Gordon W. Duval of Duval, Haws & Moody PC. Brian J Smart has invoked his rights under the Fifth Amendment to the United States Constitution more than 200 times, and has refused to assist in the recovery of the assets that the complaint says are the assets of the victims in the case. At the conclusion of his testimony Brian J Smart stated that he would be able to explain everything when he gets an attorney.

On June 22, 2009 Judge Dale A Kimball signed an Order extending temporary restraining order regarding Brian J Smart and his Smart Ass..

On July 7th 2009 Brian J Smart contacted Lehi Police department and filed a claim, that the victims' had sent him, via "Amazon" a book that he felt was unlawful to send him, the book: titled "How to Do Good After Prison: A Handbook for Successful Reentry (w/ Employment Information Handbook)" ISBN-10: 0970743602 is written by Michael B. Jackson.

Brian J Smart instructed Lehi, Utah Police Department's, Officer GREG NEER (badge #23) to file criminal charges with the City Attorney, Gordon W. Duval of Duval, Haws & Moody PC whom is also serving as Brian J Smart Smart Assets LLC's Attorney. ^[11]

The "MSJ" motion updates the total amount of funds stolen from his victims to 2..05 million dollars. Court documents show that Smart and his family used over 1.1 million dollars for personal related expenses. Furthermore a spread sheet showing that the Smart's had been using the Investors money as its own personal piggybank and had been spending hundreds of thousands of dollars of the "INVESTORS MONEY" in personal and family related expenses over the years. Detailed spread sheets of expenditure were filed with the courts on August 25, 2009 by the SEC. On October 19th of 2009, Brian J Smart filed for protection under Chapter 7 in the bankruptcy courts in Salt Lake City UTAH, the SEC quickly filed a Motion for Miscellaneous Relief: HERE - Memorandum in Support of Motion: HERE - Proposed text of Order: HERE

The motion for summary judgment was granted by US Judge Dale Kimball on June 6th 2011. All of the BJ's requests of the court were turned down and the BJ was found guilty of violation of Section 17(a) of the Securities Act of 1933 ("Securities Act"), violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. He was ordered to pay 4,715,580 dollars by June 26th, 2011
Court documents filed August 25th 2009 show that Smart had raised a total of 2.3 million dollars from people and that he has not turned over any money for his victims. The updated SEC documents also now puts a total investor loss of 2.05 MILLION US Dollars. Detailed spreadsheets show spending spree's by the defendant and his wife over years consumed over 1.1. million dollars in cash with Smart unable to explain where any of the investor's money went. During questioning by the SEC Brian Smart was asked if he was using the "Investors money" to support his family now, he again evoked the 5th and refused to answer the question.

The SEC further options the court to disallow Brian J Smart from offering further testimony in this matter as his reply's to productive questioning produced hundreds of evocations of the Fifth Amendment's right on self incrimination. Smarts evocation of the fifth precludes him from offering any further testimony in this matter. Further discovery by the SEC has shown that the Smart's had been hiding a bank account, at Bank Of America that had been opened in 1999 and that account had a number of payments made to the Smarts since the Court Ordered Restraining Order was in effect.
 

 Chapter 7

Brian J Smart  October 19th, 2009 BJ Smart, hired yet another attorney, whom filed a partial application for Chapter 7 protection under bankruptcy law. The SEC quickly filed requests to the court to disallow any continuation of time for requested that the court rule upon Mr. Smart, and Smart Assets LLC by granting the requested summary judgment. His requests to the court for more time were not granted.

The bankruptcy was discharged after a number of the victims were able to obtain a none dischargeable status for the money that BJ Smart stole from them. The bankruptcy court entered on December 5th 2011 a Judgment in the motion for summary judgment from his victims October 3, 2011 Judgment in favor of victims Lee and Brown, as to section 523(A)(2)(a), 523(A)(4), and 523(A)(19) in the amount of $561,817 w/interest this is non dischargeable for the rest of his natural life
 

[edit] Adversarial Action

Today the BJ is living in the big house he bought with the stolen loot from his crime, caring for his many babies and collecting welfare. He enjoys running & making babies. The BJ owes 4, 714,580 dollars and has no way out of it, for the rest of his born life. Some of his victims have been able to gain the courts support and his debts to them are/will be deemed: Non Dischargeable FOR THE BALANCE OF HIS NATURAL LIFE. He lives in a Nice big house that he built with the stolen loot, in Lehi UTAH, with his wife and 9 children. Welfare payments for the 9 children give him load of free time to care for his large family.

Brian J Smart will at long last be inside a court room for a judgment debtor exam in December. 2011. His wife Kelli has been served with a notice of deposition and had BJ,s attorney Brook Sessions, contact the plaintiffs attorney and explain that she does not want to go to the deposition.

 Fraudulent Transfer Litigation Kelli Smart Lehi Utah

On October 11, 2011 a week after a non dischargeable Judgment was ordered upon him, (October 3, 2011) BJ placed his wife "under the bus" and transferred all his interest in the home in Lehi UTAH to Kelli (the belly) Smart for Ten (10.00) dollars exposing her to litigation and the courts.

 

[edit] Federal Case Index

1 SMART, BRIAN J  utdoa  - File No. 3-14851 4/20/2012  Violation of the Investment Advisors act of 1940

2 SMART, BRIAN J utdce  2:2011-cv-01170  12/15/2011 recovery of a fraudulent transfer of 125 acres located in Kula Maui Hawaii to Allen and Wendell Jacobson

3 SMART, BRIAN J. cacdce 5:2009mc00007 03/13/2009
4 SMART, BRIAN J. caedce 2:2009mc00018 03/13/2009

5 SMART, BRIAN J. hidce 1:2009mc00054 03/13/2009
6 SMART, BRIAN J. utdce 2:2009cv00224 03/11/2009
7 SMART, BRIAN J. casdce 3:2009mc00225 03/13/2009
8 SMART, BRIAN J. candce 3:2009mc80047 03/19/2009

[edit] References

• SEC Complaint. Civil Action No. 2:09-cv-00224-DAK filed March 11, 2009
• Fields Moseley, KUTV Channel 2 (13 Mar. 2009): SEC alleges Utah man ran "Ponzi-like scheme", accessed 1 Apr. 2009
• Tom Harvey, Salt Lake Tribune (15 Mar. 2009): LDS members targeted in California scheme, accessed 1 Apr. 2009.
• Partial Opposition to the Motion: [1] accessed April 1, 2009
• Declaration of Brian T Fitzsimmons, attorney for the Securities and Exchange Commission HERE
• Court Order on Pro Se request for more time. accessed April 17th, 2009
• Smart Ass's answer to complaint [2] filed by the law offices of Duvall & Moody, a law firm in American Fork, Utah accessed April 22, 2009
• Certificate Of Service on behalf of the Smart Ass, responses to Plaintiff's First Set Of Interrogatories, Request for Admissions, and Request for Production of Documents accessed April 26, 2009
• Deposition of , June 4, 2009 [3] Pleads the 5th over 200 times in the documents filed with the court accessed June 22. 2009
• PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND OTHER RELIEF [4] filed by the Security Exchange Commission accessed June 22, 2009
• MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND OTHER RELIEF [5] accessed June 22, 2009
• ORDER EXTENDING TEMPORARY RESTRAINING ORDER REGARDING BRIAN J. SMART AND SMART ASSETS, LLC [6] Signed by Judge Dale A Kimball June 22, 2009
• E Mail from investigator regarding Lehi Police Report [7] Accessed July 20, 2009