Another Day, Another Day In Court For Andy Powers Communiclique CEO

For the past 2 months, for the past 3 court dates, Andy Powers, the co-founder, and former CEO of a criminal enterprise and $50 Million Ponzi Scheme known as Communiclique (AKA Clique API) promised the court he would have a new attorney in just a few weeks. He’s been promising to show up with his dream legal team any day now. Well, boy did he not disappoint today.  At 10:55 AM, five minutes before his scheduled 11 AM Case Review. In walks Powers with a virtual “Dream Team” legal team. He’s followed by super attorney Johnnie Cochrane, Justice, Oliver Wendell Holmes, Santa Clause, and the Easter Bunny.

Of course, I’m kidding, there is no easter bunny and there is and probably never was a mythical LA Attorney who was going to defend Andy Powers. That was just a delaying tactic.

For those of you who are not up to speed. Powers started a fake company, raised millions of dollars. Then used investor cash to fund a lavish lifestyle and totally cheated investors. If you’re interested you can catch up here:

So here we are again in court with Andy Powers. In a courthouse which has hosted some heinous criminals… good company for Andy Powers,

Andy Powers is here getting ready to defend himself on eight federal felony charges. Powers cofounded Communiclique along with Danny Boice. In the summer of 2018, a court in Virginia found that Communiclique and Powers had cheated investors and committed fraud. He provided false financials, lied about customer wins, revenue, and corporate valuation. The state found Communiclique had no revenue and ordered Powers to return $9 Million and fined the company an additional $1 million.

Powers moved the company to Southern California and was arrested by the FBI and charged with:

  1. Wire fraud, February 17, 2016 – $1,000,0011
  2. Wire fraud, August 8, 2016 – $115,200
  3. Wire fraud, September 6, 2017 – $100,005
  4. Wire fraud, September 1, 2017 – $440,000
  5.  Mail fraud, April 4, 2017
  6. Inducing interstate travel to defraud, November 29, 2016
  7. Unlawful Monetary Transaction, September 21, 2015 – $75,308 to purchase a 2015 GMC Yukon
  8. Unlawful Monetary Transaction, September 25, 2015 – $157,050 to purchase a 2015 BMW i8

Last week Powers sat in front of a judge and identified his likely new Attorney as some guy in LA and Dixon Young. Young will be the attorney who is a member of the Virginia Bar working with the LA attorney. So Andy who was granted a public defender because he showed the court he was broke wanted the court to believe that somehow he is now able to pay an attorney from California to fly back and forth across the county to represent him and pay Dixon Young because the California attorney can’t practice in Virginia without co-counsel. I don’t know how much the CA attorney charges but Dixon’s rates are listed at from $450 – 650 per hour. Where’s that money coming from?

Powers walked into the court today followed by his court-appointed public defender, Eugene Gorokhov of Eugene Gorokhov. Today, they look like a team as opposed to prior court appearances where the disdain each had for the other was palpable. Also in the courtroom is Jack Hanly, the US Attorney who is prosecuting the state’s case against Powers, Jamie Vera, the FBI agent who arrested Powers and another woman, who I suppose will be Hanly’s co-counsel.

Powers has employed every delaying tactic he can. He doesn’t want to go to trial. After weeks of bad-faith plea bargaining which delayed his arraignment, he showed up at the arraignment claiming he was going to bring in a dream team of attornies and dismiss his public defender.  That bought him two weeks to reschedule the arrangement. When Powers showed up for the second arraignment, claiming he was still negotiating to engage a new attorney, the judge put his foot down and set a trial date, 9 AM, December 16th.

The next step was a September 13 case review hearing. In that hearing on Friday the 13th, Powers still hadn’t hired an attorney and the judge rescheduled the case review for today, September 20, without pushing back the trial date. Powers delaying tactics weren’t working. So here we are today and Powers walks into the courtroom with, Eugene Gorokhov. The judge asks Powers what’s the status of his new attorney and Powers admits he has not been able to hire him. Judge Alston, then sternly explains to Powers that Mr. Gorokhov is going to be his attorney or Powers can defend himself. That there will be no new attorney and no delay to get a new attorney up to speed.

After the judge dismissed court for the day, Hanly, Gorokhov and the unknown woman meet to discuss details in a small conference room just outside the courtroom. Jamie Vera waits in the lobby. My buddy Andy Powers and I walk to the elevator. The elevator comes, I walk in, Powers walks in. I press floor 2 Powers presses 3. We stand there together, alone in the elevator, in the deafening silence. The elevator stops on three. Powers exits and I head home.

As I leave the courthouse I am disappointed for two reasons.

  1. I was hoping to see the Easter Bunny and
  2. I showed up early because noted troglodyte Ken Cuccinelli was scheduled to be in court with Judge Alston. You know Cuccinelli, he’s Trump’s Director of Immigration Services, who interpreted the Emma Lazurus poem on the base of the Statue of Liberty, the poem that reads,

“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”

Cuccinelli said the poem was referring mostly to immigrants coming from Europe. He continued to put his foot in his mouth with, “It was written one year after the first federal public charge rule was written that says ‘any person unable to take care of himself without being a public charge’ would be inadmissible,”

Cuccinelli is also the former Attorney General of the Commonwealth of Virginia who sued his own state University, one of the top Universities in the country, the University of Virginia to get them to stop researching climate change. Cuccinelli belongs in court with Andy Powers, they are both monsters. Unfortunately, the Cuccinelli case was not heard and I didn’t get to see the cooch.

Judge Alston’s September 12, 2019 Schedule:

Date Time Division Case Title Purpose Parties Court Room
09/20/19 10:00 am Alexandria 1:2019 cv 1189 Zeng vs Cuccinelli Motion Hearing All Alexandria Court Room 601
09/20/19 10:00 am Alexandria 1:2018 cv 1472 Schmidt vs FCI Enterprises LLC Summary Judgment Hearing All Alexandria Court Room 601
09/20/19 10:00 am Alexandria 1:2018 cv 1472 Schmidt vs FCI Enterprises LLC Motion Hearing All Alexandria Court Room 601
09/20/19 11:00 am Alexandria 1:2019 cr 213 USA vs Powers Status Conference Andrew Powers Alexandria Court Room 601
09/27/19 10:00 am Alexandria 1:2019 cv 401 Pourbabai vs Fitzgerald, III Motion Hearing All Alexandria Court Room 601
09/27/19 10:00 am Alexandria 1:2019 cv 898 Gill vs J.G. Wentworth Home Lending LLC Motion Hearing All Alexandria Court Room 601