PLEASE HELP TO CORRECT AN INJUSTICE
Kyle Kimoto has served 12 Years of an unfair 30 Year Sentence
For False or Misleading Advertising. (Conspiracy, Mail Fraud & Wire Fraud)
Kyle Kimoto owned and operated a Call Center Business from 1999 – January 15, 2003.
(He started, owned and ran the company when he was 24-28 years old)
Kyle Kimoto was found guilty by the jury on April 18, 2008.
The Average Sentence for similar crimes at the time of sentencing was 3-5 years
Kyle was sentenced to 30 years in prison for Conspiracy.
(Kyle was basically given 30 Years in Prison for False or Misleading Advertising)
In 2008, Kyle was torn from his wife and 6 young children, ages 15 and under.
Kyle has now served over 12 years of an incredibly unfair 30 year sentence.
While Kyle’s Family & Friends strongly believe that Kyle is innocent of the charged that were brought against him, but at this point it seems pointless to argue his innocence. Instead we are all hoping and pleading for some Fairness and Mercy.
To be imprisoned for 30 years for misleading marketing/advertising is clearly a miscarriage of Justice. The average sentence for individuals with similar charges at the time Kyle was sentenced was 3-5 years, and so we would ask that fair minded people would help Kyle and his family by asking the President to please reduce his sentence.
If you know Kyle or his family, we would ask that you please write a letter to the President asking that he please reduce Kyle’s Sentence to something more fair and just. Even if you do not know Kyle or his family personally, we would still ask you to write a letter to the President in the interest of fairness and ask the President to please reduce his grossly unfair sentence.
Kyle has already missed out on so much of his children’s lives. Graduations, Weddings, Births of Grandchildren and more. If Kyle’s sentence were just cut in half (reduced to 15 years), that would still be THREE TIMES the sentence others received for similar charges and would allow Kyle to be reunited with his family 15 years earlier than he would if he is forced to serve his entire unfair sentence of 30 years.
The average sentence for convicted rapists is about 10 years, while the actual time served about 5-6 years. The average time that a person convicted of Murder does in the United States before initial release is 15 years.
Kyle’s Family & Supporters had to stand by and watch as an incredibly unfair process unfolded to secure his conviction; including false testimony by federal agents, perjury by a convicted felon that was rewarded by prosecutors with a substantially reduced sentence. Destruction of evidence by the government that would have been helpful to Kyle’s defense. Sworn testimony of a witness that he was threatened by federal agents with life in prison if he didn’t agree to lie about Kyle, and much more.
Please consider writing a letter in support of a reduced sentence for Kyle Kimoto.
30 Years in Prison for “False or Misleading Advertising/Marketing” is clearly an unfair sentence. Please write a letter to the President to ask that he reduce this unfair sentence.
HOW CAN YOU HELP?
We are asking anyone willing to help to please write at least one letter to the President on Kyle & his Families behalf to request that his unfair 30 year prison sentence be reduced. We are asking that you please write and mail the President a physical letter. Your letter can be handwritten or typed and if you are welcome to write more than one letter if you feel it would help.
Please Mail Your Letters Directly to the President:
PRESIDENT DONALD TRUMP
1600 Pennsylvania Avenue N.W.
Washington, D.C. 20500
RE: Kyle Kimoto
CLICK HERE TO SEE SAMPLE LETTERS
If possible, we would also ask that you make a copy of your letter and email it to us so we can compile all the letters (or as many as possible) together. We plan to collect as many copies of letters as we can that have already been mailed directly to be bound together and delivered to the President as well. (We understand if anyone is uncomfortable with sharing their letters with us, and if this is the case please just mail them in and do not worry about sending us a copy.)
If you do not mind sharing your letter with us, please make a copy and send it to us in addition to mailing it directly to the President.
You can email a copy of your letter to the President to us at Letters@KyleKimoto.com
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ADDITIONAL DETAILS ABOUT KYLE’S CASE
Kyle’s Business marketed a variety of products through his call center for various product providers including: long distance, magazines, voicemail, roadside assistance and benefits packages which included a pay-as-you-go MasterCard. Some of his Clients, or Product Providers included GE, Blitz, Metris and Assurant.
The only product Kyle’s Company sold that the government had issues with was the “Pay-As-You-Go MasterCard”. The “Pay-As-You-Go MasterCard” was a form of debit card that was new at the time, (2001) and was billed as a credit/debit card hybrid as you could use it anywhere MasterCard was accepted and it was not attached to a checking account. (of course now Prepaid Debit Cards are commonplace, but in 2001 they were new to the marketplace)
Kyle’s Company Assail was contracted to sell the “Pay-As-You-Go” MasterCard attached to various benefits packages/memberships in 2001.
(For Example: A Travel Package that included the “Pay-As-You-Go” MasterCard)
Kyle and his Company stopped running those campaigns in August 2002 when they suspected the product provider (Peter Porcelli, the owner of the product) was not meeting his obligations to the consumers.
The Government Accused Kyle of misleading consumers by offering a “Pay As You Go MasterCard” The product was a prepaid debit card (a new product at the time in 2001) and the Government claimed that consumers must have thought it was a regular credit card.
Kyle was actually convicted of ‘Conspiracy’ using the composed testimony of a convicted felon (Peter Porcelli) that owned a company that had hired Kyle’s Company to sell a Travel Package with the “Pay as you go MasterCard”. The man (Peter Porcelli) was convicted prior to any charges filed against Kyle for taking customer’s money and never sending them any products. Evidence showed he did this purposefully and lied and falsified evidence to cover it up. He was offered a reduced sentence if he helped convict Kyle and he (Peter Porcelli) is now out of prison.
Kyle’s Business & Home was raided by heavily armed federal agents on January 15, 2003 due to the “pay-as-you-go” products – This was six months after Assail voluntarily stopped selling the pay-as-you-go products.
After the initial raid by heavily armed Federal Agents carrying assault weapons, the criminal case was put on hold and a Civil Action was undertaken by the Federal Government.
The Agents that were leading the investigation took the case to a US Attorney in Waco, TX.
The US Attorney in Waco TX convened a Grand Jury and investigated the case for a little over 4 years and after meeting with Kyle Kimoto and his attorney, said there was no case & decided not to file charges.
The Federal Agents were fixated on Kyle and were not going to take no for an answer. They then took the case to a US Attorney in New York.
The US Attorney in New York flew out to Las Vegas to meet with Kyle Kimoto and his attorney, and told them he was looking at the case, but after investigating, he ultimately declined to file any charges.
We believe the Federal Agents remained fixated and refused to take the second no for an answer, so they then took the case to a US Attorney in Florida, but there was never any contact and the US Attorney in Florida never filed any charges.
Finally, these Federal Agents, after being told there was no case to bring by 3 Separate US Attorneys took the case to the US Attorney in Southern District of Illinois.
The US Attorney in the Southern District of Illinois had been prosecuting one of the product providers of a vacation package sold by Kyle’s Telemarketing Company with a “pay-as-you-go” MasterCard named Peter Porcelli.
Porcelli was not fulfilling the package that was sold to the consumers and was refusing to refund customers who requested to be refunded after never receiving any package or after returning the packages.
Although Porcelli either did not refund, or partially refunded thousands of customers that were entitled to refunds, the evidence showed that he represented to Assail and Kyle that this was being done, and charged back Assail the full amount of the refunds from their sales fees.
Porcelli also falsified documents and lied to the Better Business Bureau, as well as to several State Attorneys General.
In the face of a great deal of evidence of his criminal activities, Porcelli decided to take a plea deal with the government. Porcelli agreed to testify (compose testimony) against Kimoto in exchange for a reduced sentence. Porcelli falsely testified that Kyle was aware of and involved in his crimes, this was directly contradicted by the evidence in the case and the Jury actually found that there was no conspiracy between them. (See Jury Form)
Based on the false testimony of Peter Porcelli, US Attorney in Southern District of Illinois indicted Kyle Kimoto in July of 2007. For “Conspiracy” This was approximately 2 months before the statutes of limitations was due to expire. (5 years from the last transaction).
It is a fact that some of the testimony that was given at the Grand Jury was done under duress and the threat of prosecution for some of the witnesses, including former employees of Kimoto’s.
Kyle Kimoto’s trial started March 31, 2008 (nearly 6 years after the alleged activity)
The Trial ended with a guilty verdict on April 18, 2008.
A great deal of evidence had either been lost or destroyed by the government. Much of this evidence would have been extremely helpful to the defense. Some of the missing evidence was the emails of Peter Porcelli, and also the Customer Service notes showing the number and nature of complaints.
The jury pool was from East Saint Louis, IL. Many of the prospective jurors believed that telemarketing should be illegal. Although the defense was able to keep many of these people off the jury, there were still members of the jury who believed that although they believed telemarketing should be illegal, they could still be fair.
Kyle Kimoto was found guilty by the jury on April 18, 2008.
The Average Sentence for similar crimes at the time of sentencing was 3-5 years
Kyle was sentenced to 30 years in prison for Conspiracy.
(30 Years in Prison for False or Misleading Advertising)
Kyle was torn from his wife and 6 young children, ages 15 and under.
Kyle has now served 12 years of a 30 year sentence
PLEASE HELP US BY REQUESTING A REDUCTION IN KYLE’S UNFAIR 30 YEAR SENTENCE