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TimeTechTalk.com > Time Tech Talk > Time Talk > Mike Kobold Found Guilty and to be Deported from U.S? |
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TimeTechTalk.com > Time Tech Talk > Time Talk > Mike Kobold Found Guilty and to be Deported from U.S? |
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| Mike Kobold Found Guilty and to be Deported from U.S? | Rating: 
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| Posted: Sun Jan 18th, 2009 02:27 pm |
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1st Post |
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oagaspar Site Founder 
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Latest news about Mike Kobold 2003 arrest for flashing a Badge at Airport and likely to be deported....appeals process is over from what I have been told...what happens to Kobold Watch now after moving all operations including CNC machinery/Factory to Pittsburgh?   Man guilty of showing illegal badge Tuesday, December 23, 2003 By Torsten Ove, Pittsburgh Post-Gazette After a split verdict came in last night, Findlay Constable William DeForte Jr. cried in relief while his co-defendant, German watchmaker Michael Kobold, smiled and talked to reporters. Both seemed relieved that their trial in federal court was finally over, even though the jury convicted one of them. The jury found Kobold guilty of lying to U.S. Customs agents last year when he used a badge to skirt security at Pittsburgh International Airport. But the jury found DeForte not guilty of two counts of lying to the same agents about how Kobold acquired the badge, which DeForte had given him. Kobold, a sharp-dressing 24-year-old German citizen who runs Kobold Watch Co. in Robinson, could spend a few months in federal prison and will almost certainly be deported to Germany. But he seemed unfazed by the verdict and said he'll continue to design and sell his line of watches. "I would have moved back [to Germany] anyway," he said as he left the courthouse with his lawyer, Stanton Levenson. "I think I'm fine. I don't think I'll be destroyed." Kobold said he was pleased for his former friend. He said DeForte would have had a much harder time finding work had he been convicted because it would have meant an end to his law enforcement career. DeForte, 32, had no comment after the verdict, but he was obviously overjoyed as he hugged his family and friends. "Merry Christmas," he said as he left the courthouse. His lawyer, Leonard Sweeney, said the criminal justice system worked the way it was supposed to. The government said both men told repeated lies to Customs after Kobold flashed a constable's badge stamped with DeForte's ID number to bypass security at the airport on Dec. 8, 2002, and escort his brother to Gate 61 for a flight home to Germany. When Customs Inspector John Rupchis stopped him, he held up the badge and said, "I'm with the state. I'm a Pennsylvania state constable." County police Detective Patrick Miller arrested Kobold the next day at his office in the Parkway Industrial Park. The case was turned over to federal authorities, and a grand jury indicted Kobold. DeForte was later indicted on charges of lying several times to Customs agents about how Kobold got badges. Kobold's defense was that he thought he was a deputy constable because DeForte had told him he was. He maintained that stance after the verdict. "I really did believe I was a constable," he said. Testimony revealed that Kobold wore a badge and carried a gun in helping DeForte serve bench warrants in 2002, when the two were close friends. The pair also shopped at a North Side uniform store together in June 2002, where Kobold bought badges stamped with DeForte's number. DeForte said on Friday that he did give Kobold the badge he used at the airport and admitted he was at the store with Kobold in June. But he said he didn't see Kobold buy badges that day and had told his friend not to buy any because he wasn't a constable. "I gave Mike one badge," he said. "I did not give or purchase any other badges for Mike." His testimony differed from that of Jay Smith, proprietor of H.A. Smith & Son Uniforms, who said DeForte used his credentials to help Kobold buy badges. DeForte told Customs agents that he had heard "through the grapevine" that Kobold bought badges on his own. He repeated that story in court, but he couldn't explain Jay Smith's testimony or why his name appeared on a receipt. Kobold wasn't the person who wasn't a deputy to go out on arrests with DeForte. Two of his friends, both Germans who attended Carnegie Mellon University with him, said they also tagged along with DeForte, Kobold and DeForte's two real deputies, William Crowell and Travis Shaheen. Kobold will be sentenced March 19.
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| Posted: Sun Jan 18th, 2009 02:58 pm |
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2nd Post |
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Paxman 3T WIS 
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HOLY SHIT!! STUPID ASS!! WHY!!!
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| Posted: Sun Jan 18th, 2009 02:59 pm |
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3rd Post |
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romek 3T WIS
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wake up its 2009
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| Posted: Sun Jan 18th, 2009 03:12 pm |
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4th Post |
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oagaspar Site Founder
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romek wrote: wake up its 2009 I'm wide awake and know what year it is and when this happened....and I'm sure you knew all about it 
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| Posted: Sun Jan 18th, 2009 03:13 pm |
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5th Post |
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oagaspar Site Founder
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court records below ;) IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 04-1800 UNITED STATES OF AMERICA, v. MICHAEL KOBOLD, Appellant Appeal from the United States District Court For the Western District of Pennsylvania D.C. No.: 03-cr-00010 District Judge: Honorable Joy F. Conti Submitted Under Third Circuit LAR 34.1(a) December 13, 2004 Before: NYG AA RD , RO SENN , and BECK ER, Circuit Judges (Filed December 23, 2004 OPINION OF THE COURT ROSENN, Circuit Judge. Defendant Michael Kobold ("Kobold") was tried to a jury in the United States District Court for the Western District of Pennsylvania, and convicted on one count of willfully making false statements, in violation of 18 U.S.C. § 1001. On this timely appeal, Kobold raises three issues: (1) whether the evidence adduced at trial was sufficient to support his conviction; (2) whether he was unduly prejudiced by the closing statements of his co-defendant's counsel; and (3) whether his trial counsel rendered ineffective assistance by, inter alia, failing to move for a judgment of acquittal and failing to object to the closing remarks of co-defendant's counsel. We affirm the judgment of conviction and sentence imposed by the District Court. I. Because the facts are known to the parties and counsel, we briefly refer only to the salient facts pertinent to the issues raised. Kobold, born and raised abroad, was educated internationally. In 2002, he earned a bachelor of science degree in economics from Carnegie Mellon University, in Pittsburgh, Pennsylvania. Kobold operates a company that he founded, which designs and manufactures watches. He also w orks in his father's business, which designs and manufactures instruments for industrial applications. He also presides over a non-profit organization of his creation, the Kobold Foundation. Although not a law enforcement officer, Kobold apparently has an interest in law enforcement. His conviction stems from his illicit use of a constable's badge to gain access to a secured area of the Pittsburgh International Airport reserved for ticketed passengers only. When questioned by a federal custom s inspector about his presence in this area without a ticket, Kobold produced a Pennsylvania constable's badge, and responded that he was a Pennsylvania constable. He explained that he had recently lost his constable's identification and Pennsylvania driver's license in the course of making an arrest. II. Kobold concedes that he has failed to preserve his first two claims that: (1) the evidence was insufficient to sustain the jury's verdict and (2) the closing statements of codefendant's counsel were unduly prejudicial. Thus, we review these claims for plain error. United States v. Powell, 113 F.3d 464, 466-67 (3d Cir. 1997); United States v. Sandini, 888 F.2d 300, 309 (3d Cir. 1989). To demonstrate plain error, Kobold must show that: (1) there was an error; (2) the error was clear; (3) it affected "substantial rights"; and (4) it "seriously affect[ed] the fairness, integrity, or public reputation of judicial proceedings." Johnson v. United States,520 U.S. 461, 467 (1997) (citations omitted). Kobold has not satisfied this burden. We apply a particularly deferential standard of review when we consider whether a jury verdict is supported by legally sufficient evidence. United States v. Dent, 149 F.3d 180, 187 (3d Cir. 1998). The evidence is viewed in the light most favorable to the government, and we will sustain the verdict if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Id. (quoting United States v. Voigt, 89 F.3d 1050, 1080 (3d Cir. 1996), in turn quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)) (internal citation omitted). The evidence against Kobold, including his own admissions, is more than sufficient to support the jury verdict. It is undisputed that Kobold was never actually a constable or deputy constable. It is also undisputed that Kobold never possessed a Pennsylvania driver's license. At trial, Kobold admitted that he identified himself as a law enforcement officer, displayed his constable's badge, and explained that he lost his constable's identification while effectuating an arrest. Kobold denied telling the customs inspector that he had a Pennsylvania driver's license, but admitted that he falsely told the inspector that he misplaced his driver's license. Other evidence produced at trial, including the testimony of the federal customs inspector who questioned K obold, amply supports the jury's guilty verdict. Further, because the jury was presented with sufficient evidence of Kobold's guilt, we reject his claim that he suffered undue prejudice as a result of the closing remarks of counsel for his co-defendant. Kobold also argues that he received ineffective assistance of counsel. As a general rule, we will not entertain ineffective assistance of counsel claims on direct review. Rather, we "defer the issue of ineffectiveness of trial counsel to a collateral attack," so that the record can be adequately developed with facts necessary to decide such claims. United States v. Thornton, 327 F.3d 268, 271 (3d Cir. 2003); see also Massaro v. United States,538 U.S. 500, 504-05 (2003). Therefore, Kobold's ineffective assistance of counsel claim must abide the determination of the court in the event he raises it in a collateral proceeding pursuant to 28 U .S.C. § 2255. For the foregoing reasons, we affirm the judgment of conviction and sentence.
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| Posted: Sun Jan 18th, 2009 03:28 pm |
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6th Post |
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Dookie 3T WIS
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With all the talk about making their watches fully in america, i always thought Mike is american. :shock:
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| Posted: Sun Jan 18th, 2009 04:11 pm |
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7th Post |
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KenC Admin 
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romek wrote: wake up its 2009 I'm sorry...what does that have to do with anything. Yes the arrest was in 2003...the conviction some time later and the long appeals process recently completed...bottom line, I assume Mike will add license plate making to his resume!
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| Posted: Sun Jan 18th, 2009 04:57 pm |
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8th Post |
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Skipdawg 3T WIS 
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WOW! that is crazy. I just don't see why guys do that crap. I graduated with a fella from high school who was busted for impersonating a deputy with a jailers badge that was his cousins. And when I was Shore Patrol in the US Navy I busted a Sailor carrying a Interpol ID. So stupid! :?
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| Posted: Sun Jan 18th, 2009 05:20 pm |
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9th Post |
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oagaspar Site Founder
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I reworded my 1 st post on this subject so it is easily understood...I just happened to be talking to Kenzo in Germany today for my weekly watch lesson and he mentioned this to me and I was shocked and unaware it happened :shock: I remember back in 03'- 04' that Kobold had a "Official Kobold" forum at WUS when there were only a handful of official forums there and this one just disappeared in the middle of the night leaving WIS scratching there heads as to why?....I just figured this may have been the reason as it was not good publicity at the time when Kobold was just getting some recognition...since then it's rumored there was a lawsuit and appeals to fight the deportation but that they may have run out now...we will see and I hope Kobold stays in the U.S. especially since all the articles written in the watch mags of his new factory in Pitts.hand6.gif Last I checked there weren't to many people looking to leave the U.S.A .even though Mike Kobold said back then he was planning on moving back to Germany anyways...gotta admit the U.S.A is a Awesome country to live in !yahoo.gif
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| Posted: Sun Jan 18th, 2009 05:40 pm |
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10th Post |
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romek 3T WIS
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BIG sorry should read the last line.
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| Posted: Sun Jan 18th, 2009 06:31 pm |
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11th Post |
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Skipdawg 3T WIS
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romek wrote: BIG sorry should read the last line. OK I forgive ya. :) :cool:
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| Posted: Sun Jan 18th, 2009 06:48 pm |
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12th Post |
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oagaspar Site Founder
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I should have been clearer in my original post Romek...my apologies Buddy!hand6.gif
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