The Federal Sentencing Of Salyer—The Lead Figure In
The Government's Labyrinthine "Operation Rotten Tomato” Case—
Has Been Postponed Until January 8, 2013, While The
Alleged Human Rights Violations Against Him Continue

As Scott Salyer remains on house arrest in Pebble Beach, California awaiting Federal Sentencing that has now been postponed until January 8, 2013 in the notorious, corrupt soap opera of a government case known as "Operation Rotten Tomato,” his supporters are fighting back on his behalf--alleging an ongoing, systemic pattern of corruption and human rights violations against the former owner and CEO of SK Foods LP, including legal, financial, physical abuse and attempted wrongful death or murder.

On the legal front, those familiar with the intricacies of the case allege egregious acts of corruption, cronyism, lawlessness, threats and harassment by former FBI Supervisor Donald P. Vilfer, FBI SA Paul Artley, Bankruptcy Magistrate Robert S. Bardwil and Judicial worker, Scott Story, in clear collusion with Chris Rufer of The Morning Star Packing Co who, Salyer's supporters say, were involved in the set-up of the produce expert when Rufer had his attorney, Dale Campbell of Weintraub, Tobin, Chediak, Coleman and Grodin hire Vilfer to document extensive criminal conduct that took place at Morning Star beginning in the 1990's, carried out by longtime employee Tony Manual, assure Tony Manual got hired on at SK Foods LP and became an informant for the FBI then fabricate an entire fiction and turn the attention of his direct report subordinate FBI Special Agent, Paul Artley to the new wrongful activities to be carried out by Manual at SK Foods .

The never-ending labyrinth has exposed that either the Bankruptcy Magistrate is a partner in the corruption scam or that he has chosen to bias in support of the corruption scam partners due to fear of reprisals from Bank of Montreal/BMO Capital Markets, Larry Mizera and his threateningly abusive legal counsel James Spioto of Chapman and Cutler both of Chicago. Bardwil commented regarding this pressure on the record.

Salyer's friends insist that, in the financial realm, there has been a wide scale conspiracy to force him into bankruptcy, relieve him of all his assets, as stated by Spioto, "Salyer is not to get a penny”—including funds set aside for his daughter's education—and divide the money "like vultures feeding upon a corpse.”

SK Foods LP, SK Foods Australia, the Salyer Entities, Trusts and Scott Salyer himself were all highly solvent, going concerns until Bank of Montreal/BMO Capital Markets/Harris Bank and ANZ Bank deemed them to be "insolvent” and forced into instant involuntary Chapter 11 Bankruptcy in California and Receivership in Australia. The banks claim due to news articles implicating the borrower in an FBI Probe and Investigation, which initially ran in The Los Angeles Times in September 2008.

Salyer's supporters list the insolvency players who took their place on the "gravy train” as the Chicago based Bank BMO Capital Markets; ANZ Bank of Australia; world headquarters for Ag - Wells Fargo Bank; Development Specialists Inc (DSI), a Chicago based firm with a Los Angeles affiliate, DSI CEO Bill Brandt who was a 2008 Democrat National Convention Delegate, re-wrote much of the Legislation that has provided the way forward in this corrupt scam perturbing the Judicial and Legal process; Chicago based Duff and Phelps; and Australia's Korda Mentha.

On behalf of the Bank of Montreal, Alvarez and Marsal's Stan Spears has said, "BMO will never settle if the Salyer Family gets a dime.” They further allege that Attorney General Eric Holder, when confronted with evidence of malfeasance engaged in by the Private Public Partners, opted not to stop it.

Salyer's friends believe that the conspiracy against him is bipartisan in nature, as it was McGregor W. Scott, former U.S. Attorney for the Eastern District of California and a Bush appointee, who—as the original signer from the U.S. Attorney's office on Operation Rotten Tomato--authorized the first illegal wire taps. Scott's Sacramento practice focuses on White Collar Criminal Defense & Corporate Investigations.

In a unique potential conflict of interest, they say, he left this case at the U.S. Attorney's office to join Orrick, Harrington and Sutcliff, LLP, who represent BMO. The earlier case was the FBI's Investigation against Chris Rufer and The Morning Star Packing Company. Scott works in the same office building as Dale Campbell, the attorney for Chris Rufer, former FBI Supervisor Donald P. Vilfer (Vilfer & Associates) and Matthew G. Jacobs, whose second office is in the same building as Robert S. Bardwill, Bankruptcy Attorney and Federal Bankruptcy Court Judge.

Salyer's supporters also claim that Bank of the West, in their haste to dismantle Salyer American—the first Salyer Company to fall under the Bank Syndicate orchestrated siege--dismissed all of its employees at 5 p.m. that day, with no notice or severance pay. This is a clear violation of the Federal Worker Adjustment and Retraining Act (WARN), which requires larger employers to give employees notice 60 days before an impending plant closing or mass layoff that will result in job losses for a specified number or percentage of employees. Employers who don't comply with this notice requirement may have to pay workers for every day of notice they didn't receive. Under similar state laws, laid-off workers may be entitled to some severance or benefits continuation, as well.

The law also covers staged plant closings or layoffs, which are defined the same as above but occur in stages over a period of 90 days. This rule is intended to prevent employers from getting around the law's requirements by conducting a series of smaller layoffs. More than half of the states also have laws that require employers to give notice of a layoff. Some of these laws apply to smaller employers (or smaller layoffs) than the federal WARN Act. And some require employers to do more than provide notice. For example, Connecticut employers that permanently shut down or relocate their facility out of state must pay to continue their former employees' health insurance for 120 days.

As part of an ongoing attempt to weaken and demoralize Salyer's ability to fight against the specious charges against him, his supporters claim there has been a long term plot in the works to destroy his health and well being. Salyer himself remembers an incident as early as 2009 when he was involved in several freak accidents involving other drivers.

In his initial stint in the Sacramento County Jail, Salyer was, like other Federal Prisoners, detained in the hole, 24 hours a day, seven days a week—the largest weapon the Federal Government has available to break prisoners to take the 'plea.' He spent the first year regaining his health, had extremely low iron, several vitamins missing from his blood, extreme weight loss, dehydration and general malnutrition. Something was over riding the ability of his nervous system to function normally so the involuntary actions of several organs processes were unsynchronized. It was very grave time in which he lived within insufficiently oxygenated air and inadequate sunlight in proportion to the stress he was under.

During this time, Salyer's supporters say, he was a victim of prisoner abuse, was kept in solitary confinement his entire stay, allowed direct sunlight only after four and a half months, and his food was poisoned with bacteria when Sgt. Daniel Morrissey began fouling his food with sewage between May and August 2010.

Salyer's friends also allege the following: On Salyer's first night out of Solitary Confinement at the Sacramento Sheraton, his guard was Officer Storey, Judicial Probation worker Scott Storey's dad. Storey entered the suite, tossed a large black duffle bag onto the sofa and unzipped it. Inside was an intimidating array of pistols, handguns, shotguns and rifles. Salyer stated he was clearly in a weakened state and contrary to the things people had been saying about him he is a pretty nice guy. Storey told Salyer, The arsenal is not to subdue him but to protect him in the event the bad guys show up tonight. I am here to protect you from them not the other way around.

Salyer's advocates say that like the Private Public Partners, the Chicago Coalition formulated false information in order to conceal the wrongful seizure of the Salyer companies and attempted wrongful death of Salyer. The Chicago Coalition is ostensibly comprised of several investment bankers, workout bankers and development professionals, major stock holders of a news outlet and their lawyers, others with Duff & Phelps and the Holder Regime.

According to supporters, the Chicago Coalition in fabricating their mob toned PR story against Salyer, was based in its entirety on Morning Star's hiring of FBI Supervisor, Vilfer, to railroad Salyer into the RICO (Racketeer Influenced and Corrupt Organizations Act) Statute due to the fact that a second FBI Informant Randal Rahal at the instruction of the Government reportedly wrote a $2,000 check and mailed it to the wife of an SK Foods LP customer which was charged as Racketeering Act 3D and enabled Larry Mizera of BMO Capital markets to steer SK Foods LP —a $550,000,000 company—into an instant involuntary Chapter 11 Bankruptcy proceeding appoint a Trustee and take ownership eliminating Salyer from his own life.

In mid November 2012, a former Salyer Farming employee came forward disclosing two Private Investigators appeared in person with the goal of finding out how OLAM got such a cheap deal on the SK Foods purchase. They disclosed that a client in London, England hired them, but would not state the name of the client. They also stated that they are to remain discrete and the former employee is afraid so does not want his name repeated either.

A recent story in The Business Journal tells of an investigator, Scott Nelson of S.K. Nelson and Company in Fresno, who has been hired by grape and tree fruit marketers to investigate allegations of corrupt buying practices. He has put ads in fruit industry trade publications and started a website,, inviting tips about practices including kickbacks. Examples include buyers receiving 20 cents per box of fruit offered by sellers, or sellers offering goods and services such as prizes and vacation trips in exchange for buyer loyalty. Cash rewards of up to $50,000 are being offered for the conviction of buyers – which can be given to anyone willing to be a witness by those who hire the detective. Nelson compares his investigation to that which uncovered "corruption” with SK Foods.

In a case that has unique parallels to the Salyer case, it was revealed in early December 2012 that New Orleans' corruption-busting federal prosecutor resigned after two top deputies became embroiled in a scandal that threatens to undermine some of his biggest cases and damaged his standing as one of the most popular public officials in a city with a rich history of graft. U.S. Attorney Jim Letten, whose successful prosecution of a former Louisiana governor and numerous other officials won him bipartisan praise for more than a decade, had been under mounting pressure ever since two veteran prosecutors admitted anonymously posting criticism of judges and comments about cases on a newspaper website.

Salyer's supporters likewise believe that media leaks were part of a campaign to smear Salyer and possibly influence potential jurors. However, the misconduct allegations should provide ammunition for his defense attorneys to challenge this high profile prosecution, which as per the above is fraught with human and civil rights violations against Salyer.

Salyer's American Grown produce was exported to Canada, Mexico, Italy and other countries. Looking at the scope of the evidence of conspiratorial abuse, his supporters recently said, "This is a waste of mind power. To have to work so hard on something that should never have happened. We could be feeding starving children in Africa with the energy and resources they are wasting on this case.”