POST 4 OF 4: CRIMINAL CONVICTION
Post 1 of 4 previously posted on this date on this SI thread is hereby incorporated into this post and all readers of this post should read Post 1 of 4 prior to reading this post. Readers are also advised that Posts 2 and 3 of 4 previously posted on this date contains related information.
Again, I apologize for the length of this posting. It is my belief that any individual interested in this subject should take the time to read the entirety of this post. This post contains multiple documents and it is important that all documents be read in their entirety.
BEGINNING OF TEXT OF WARRANT
IN THE EIGHTEENTH JUDICIAL DISTRICT
DISTRICT COURT, SEDGWICK COUNTY, KANSAS
CRIMINAL DEPARTMENT
Case No. 93CR1165
STATE OF KANSAS, EX REL
NOLA FOULSTON, DISTRICT ATTORNEY
EIGHTEENTH JUDICAL DISTRICT, Plaintiff
Vs.
ALLEN LEE BURDITT, II
W/M DOB: (Withheld by Offie)
SSN: (Withheld by Offie)
WARRANT
STATE OF KANSAS, SEDGWICK COUNTY, ss:
THE STATE OF KANSAS to any Law Enforcement Officer:
COUNT ONE
WHEREAS, Complaint/Information in writing, under oath, and/or an Affidavit or other evidence has been filed with the undersigned Judge of the District Court at Wichita, Sedgwick County, Kansas, and the undersigned Judge of the District Court finds that there is probable cause to believe that in the County of Sedgwick and State of Kansas, and on or between the 30th day of December, 1989, A.D., and from then on continuously until and including the 20th day of June, 1990, one ALLEN LEE BURDITT II did then and there, contrary to the statutes of the State of Kansas, unlawfully, feloniously, and willfully offer for sale or did sell securities; or intentionally aided, abetted, advised, hired, counseled, or procured others to unlawfully and willfully offer for sale or sell securities, to-wit: interest in oil and gas royalties or leases, at a time when such securities were not registered with the Office of the Securities Commissioner of Kansas under the provisions of the Kansas Securities Act;
COUNT TWO
And on or between the 30th day of December, 1989, A.D. and the 20th day of June, 1990, inclusive, one ALLEN LEE BURDITT II, did then and there, contrary to the statutes of the State of Kansas, unlawfully, feloniously, and willfully engaged in business as a broker/dealer or agent in connection with the sale of securities, to-wit: interests in oil and gas royalties or leases, at a time when he was not registered with the Office of the Securities Commissioner of Kansas under the provisions of the Kansas Securities Act;
COUNT THREE
And on or about the 20th day of June, 1990, A.D., one ALLEN LEE BURDITT II did then and there, contrary to the statutes of the State of Kansas, unlawfully, feloniously, willfully and knowingly violate an order issued under the Kansas Securities Act, to-wit: a Temporary Cease and Desist Order, dated April 2, 1990;
All of the said acts then and there committed and being contrary to the statutes in such cases made and provided and against the peace and dignity of the State of Kansas.
You are, therefore, commanded forthwith to arrest the said ALLEN LEE BURDITT, II, and bring him before a Judge of the District Court as provided by law.
The amount of the appearance bond to be required is $25,000.00.
Witness my hand in Wichita, Sedgwick County, Kansas, this 1st day of July, 1993.
/s/
David W. Kennedy
Judge of the District Court
Contrary to K.S.A. 17-1255, penalty section K.S.A. 17-1267 (Defined as Offering for Sale Unregistered Securities, an Unclassified Felony) Count One
Contrary to K.S.A. 17-1254, penalty section K.S.A. 17-1267 (Defined as Engaging in Business as a Broker-Dealer/Agent Without Having Been Registered, an Unclassified Felony) Count Two
Contrary to K.S.A. 17-1267 (Defined as Violation of A Cease and Desist Order, an Unclassified Felony) Count Three
END OF TEXT OF WARRANT
BEGINNING OF TEXT OF JOURNAL ENTRY OF JUDGMENT
IN THE EIGHTEENTH JUDICIAL DISTRICT
DISTRICT COURT, SEDGWICK COUNTY, KANSAS
CRIMINAL DEPARTMENT
Case No. 93CR1165
Division No. 13
THE STATE OF KANSAS, Plaintiff
Vs.
ALLEN LEE BURDITT, II, Defendant
JOURNAL ENTRY OF JUDGMENT
On this 29th day of July, 1993, this case comes on for pleas before The Honorable Richard Ballinger, Judge of the District Court. The State of Kansas appears by its attorney, John J. Kisner, Jr., Assistant District Attorney. The defendant appears in person and by his attorney, John E. Stang.
Thereupon, the State makes oral application to the Court to dismiss Count Three herein of the Information, the charge being Violation of a Cease and Desist Order, contrary to K.S.A 17-1267, which motion was by the Court sustained.
The defendant having heretofore been served a copy of the Information and having waived arraignment, further waives a jury trial on the Information as orally amended charging him with Offering for Sale Unregistered Securities, Count One, contrary to K.S.A. 17-1255, and Engaging in Business as a Broker-Dealer/Agent Without Having Been Registered, Count Two, contrary to K.S.A. 17-1254; is informed by the Court of the consequences of a plea of guilty and of the maximum penalty provided by law.
The defendant then enters a plea of guilty of Offering for Sale Unregistered Securities, Count One, and Engaging in Business as a Broker-Dealer/Agent Without Having Been Registered, Count Two.
The Court, after determining that the plea was voluntarily made with an understanding of the nature of the charge and the consequences of the plea, and that there is a factual basis for the plea, adjudges the defendant guilty of Offering for Sale Unregistered Securities, Count One, and Engaging in Business as a Broker-Dealer/Agent Without Having Been Registered, Count Two; thereupon the defendant waives a Pre-Sentence Investigation and the Court proceeds to sentencing.
The Court inquires of the defendant if he has any legal cause to show why judgment of sentence should not be pronounced against him; the defendant failing to show any such cause and none appearing, there being none, the Court proceeds to suspend of imposition of sentence pursuant to K.S.A. 21-4603, for a period of five (5) years, upon the following terms and conditions:
a) That the defendant shall report to this Court as directed by the Court Services Officer;
b) That the defendant shall remain within the area of the State of Texas unless permission to leave is first obtained from this Court;
c) That the defendant shall pay the costs of this action, within six (6) months, to the Clerk of this Court, including witness fees and miscellaneous expenses;
d) That the defendant shall pay restitution in the amount of $145,623.92; said restitution to be paid, within fifty-five (55) months, to the Clerk of this Court, who shall be and is hereby authorized and ordered to remit the collections to: George Wayman, (address withheld by Offie) or at such other address as the victim may subsequently advise the Clerk of this Court in writing.
IT IS SO ORDERED.
/s/
IRCHARD BALLINGER, JUDGE
APPROVED BY:
/s/
JOHN J. KISNER, JR. 12069
Assistant District Attorney
JOHN E. STANG
Attorney for Defendant
END OF TEXT FOR JOURNAL ENTRY OF JUDGMENT
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