Letters of Support

Elaine Diamond

December 4, 2011

Dear Judge Gillmor,

I met Dave Ruskjer 8 1993. I have been his friend for 18 years. He was a friend of my sister, who, with her pediatrician husvband, were friends with Dave. Dave worked at the school her children attended. Dave helped my sister's family with their computers at the time.

I am aware that Dave was found guilty by a jury on all but one count, on Sept. 26th, 2011.

Dave was trained in computers, and helped people create websites, as well as fixing computer problems. He also sold computers at Radio Shack for a time. He had other jobs in the past, but I did not know him then, but I know he began studying computers as a child.

He was the leader of the choir, and I have heard his beautiful singing voice many times, as he used to sing Karaoke at home with his wife Mariko. He also played a leading role for several years in a large hotel's production of South Pacific.

I moved to Kauai in about 1993 and resided there until 2006. For 7 of those years I rented an apartment in the same building as Dave and his wife, Mariko. In fact, it is I who was the catalyst in their meeting, and I was a bridesmaid at their wedding, which was attended by many friends of Dave. Many of them were choir members, and the affection they felt for Dave, and their happiness at his marriage were palpable on that beautiful occasion.

When I first moved to Kauai, I had already for some time been suffering from a chronic illness. This illness severely limited my activities, and I was mostly housebound. This caused me, at times, great distress, as doing normal things, like going shopping for food, were very hard for me, and I had to get someone from the building to help me carry in the groceries.

There were times when the illness caused me to experience serious depression. Dave spent many hours helping me, counseling me about a way to frame this illness in order to not slip into despair over it.

There is no cure for what I have, and it drains my energy to the point where I have to lie down for most of the day.

Dave was a truly compassionate and gifted counselor. He helped me as no one else had ever been able to, to come to terms with my illness and to find some peace in living within its limitations. For a period of time we did about 3 hours of this counseling per week for several months.

I did not have money for therapy, and Dave did this because he said he just liked helping. I will never forget Dave for this, as it literally saved my life. Through this experience I became aware of just how kind and how intelligent Dave was. I learned how to think more clearly and logically about my problem, how to frame the illness in a better way, and have a calmer and more optimistic perspective. This was priceless to me. His patience in listening was something I had never experienced before. Dave also helped me in practical ways, and sometimes he and his wife would bring me fruits and vegetables from the farmers' market.

If someone was in distress, Dave was always there to help, even if it was someone who's car broke down late at night on the other side of the island. If someone who needed their computer couldn't pay to get it fixed, he would sometimes charge nothing. Whatever the problem, Dave was there.

I also knew his nephew, young David, who was also a gifted computer person and a great singer. He loved Dave, and spoke of him with affection. He was a wonderful young man, helpful and delightful to talk to. I also met Dave's son, DJ, also an exceptionally friendly and capable man, when he visited the island. I met Dave's mother when she came for the wedding. I had long talks with her about religion. She is a devout Christian, and loved to talk about her experience of how her faith enhanced her life I also met Dave's ex-wife Jackie, who I believe was a nurse, and we had a couple of very enjoyable and interesting conversations. I am friends still with some of Dave's other friends, and they have only good things to say about him.

I was living just a few doors away from Dave from 1999, until 2006. For 18 years, I have known him as a person who is honest,, and cares deeply about other people.

Respectfully,

Elaine Diamond

Elaine Diamond -- Addendum

December 4, 2010

Dear Judge Gillmor,

This is an addendum to my letter. I have thought long and hard about whether or how to say this, but I feel I must speak about one more important thing.

Dave was like an absent minded professor. He always saw the big picture, and was very expansive, but sometimes overlooked the details. In this trial, in which he was found guilty, he may have been "guilty" of certain things, from my perspective, but not of creating a Ponzi scheme.

Dave was not a very worldly man. He lived quietly for years on a tiny island. Before that, he was very much in the community of the 7th Day Adventist Church in which he was raised.

A man with an abundance of energy, he could always add more hours to his day, and didn't worry too much about details.

He had never been in business for himself before. I believe this is a fact that is important in understanding his handling of his business. I do not believe he really understood what was involved in running a business, in terms of the vigilance and attention to every detail, to dotting every "i" and crossing every "t", and the long hours one has to commit to building a foundation. This was not his strong suit. He was great at technology, but inexperienced when it came to business.

And I realize that one would be right to say, "yes, but he was handling large sums of money." And I get the gravity of this -- I really do.

I think he was probably overly optimistic. That was one of his strong character traits. I am not privy to the details of the case. I only know what I picked up in my almost daily connections with Dave, what I have heard from him, and read of the charges.

I know a lot of people lost their money, and this is tragic. However, would they have lost it if the government had not shut Dave down? Dave, in my experience, was a genius, and from what I know from friends who are computer and stock market and options trading savvy, Dave had a system of stock options that truly worked, and which was able to create for himself and for his lenders, a large amount of interest. No one ever failed to get paid, month after month.

Would Dave have been able to continue at this rate of success? He did it for years, and even had a strategy for dealing with the financial crash, but he was shut down, and all of the investors' money taken by the government.

So that is in question, I feel. But the other issue and my point in writing is this:

I believe there is a huge difference between not doing business with the proper attention to details, (which, granted, could cause great damage), and being someone who was purposely setting out to defraud people, and steal their money. Which I know Dave did not. He just wasn't that kind of person.

Because from observation of Dave over a period of 18 years, this is a man who would never, ever do anything to harm others. In fact, Dave's behavior and lifestyle was that of a non-materialistic person. Friends and loved ones were what was important to him, as well as his work with the church and the choir, and his work with computers.

He was a simple man in his needs, and was happy with a simple life. But he had this incredible brain, and I think the joy of it for him was being able to create this remarkable program, which allowed him to succeed at stock options. And of course when he did make money he was happy about it! But when he went back to having almost no money, that was not a problem for himm. What he did express was how much he wanted to be able to pay all of his lenders' back.

So yes, I can see not allowing Dave to do this kind of work anymore. But I do wonder if it wouldn't be far cheaper for the tax payers to have Dave be on probably, even for years, and have someone oversee his finances if you feel he is a danger to others in that way, then to pay for his upkeep in prison.

To me, it seems a heartbreaking miscarriage of justice to have a man like Dave locked away in prison for years.

Community service and parole, the loss of all he had, the years spent in house arrest with an ankle bracelet, unable to even afford health care for his diabetes, which is serious and which I know needs more care than it is getting, perhaps this could be seen as punishment enough for a man who, though he may have committed the sin of not being careful and mindful and risking the money of others, in my mind was never guilty of tring to steal or defraud the people people he loved and cared about. I am sure one could say "what about these people who lost their money." I feel deep sorrow for all those people. But Dave being in jail will not get their money back. Perhaps he could be set to work on some computers for the government, and give all money besides basic living expenses back to his lenders.

I do not believe anyone can freally say for sure that they would have lost any money if Dave had not been shut down. And so I ask not for any special favor to Dave, but only to be heard. I am witness to the character of Dave Ruskjer, and as far as I am concerned there was no part of Dave that ever had it in his mond or heart to create a Ponzi scheme. On the contrary, he was so happy that he could help others, as that is the driving force of the man I know.

Respectfully,

Elaine Diamond

N. Peter Ruskjer

12/12/11

To the Honorable Helen Gillmor:

Hello, my name is Nathaniel Peter Ruskjer, son of David Eugene Ruskjer, whom I've known my entire life. I work as an air traffic control specialist in Salem,, Oregon. I am aware of what the charges against my father are and that he has been found guilty by jury verdict. I am writing to show support for my father in the hopes of shedding some light on the kind of person that he is and the role that he has played in my life. I would describe my dad as one of the most upbeat, friendliest, optimistic, enthusiastic, intelligent, witty, ambitious, respectful people I have ever known. Dave grew up attending Christian schools and went to college at Andrews University in Michigan, I've always been of the opinion that he is very skilled with computers, programming, telecommunications, and coming up with new, innovative ideas involving technology. I grew up admiring the simple things like his typing speed and the passion that he had for various projects and concepts.

Whenever I would express an interest in his work, he would take the time to teach me things, (like writing code or designing a web page). Although I never felt that I had an aptitude for that type of work, he has been very openminded and accepting of my decision over the years. He has visited a couple of the control towers where I've worked and expressed to me how proud he is of my prior military service and accomplishments.

Growing up, I enjoyed listening to my dad play the piano, trumpet and singing in the choir at church, He kept my two brothers and me in good spirits, even during some difficult times, telling jokes, giving advice, and encouraging us to follow our dreams. I remember him involving me in the sports and hobbies that he enjoyed like racquetball, diving, and trampoline. He also taught me how to drive stick, play chess, and the finer points of a nicely executed back flip.

Regardless of how full his business schedule seemed at times, my dad somehow always found a way to make it to the events that mattered the most to me. He flew over and attended my baptism during senior year and also to my high school graduation ceremony. He used to take us on road trips to visit my grandparents, uncles, and cousins, (all of which have been kind, loving, and supportive). He has taken the family on many memorable vacations over the years to places like Disneyland and we've had all kinds of good times. He was there to help me during my recovery following a major head injury sustained from a bicycle accident when I was just eight years old. I fractured my skul, which required extensive brain surgery, the type of operation taht I wasn't likely to have survived. He knew exactly how to cheer me up and lift my spirits. He helped me to stay positive and remain confident, which gave me the strength that I needed to pull through.

Your Honor, truthfully, I realize that my father isn't without his falws. But I have never known him to maliciously attempt to defrauyd anyone or express any ill intent whatsoever towards anyone. If someone were to tell me that Dave deliberately lied to dozens and dozens of people, conning them out of millions of dollars, I would find that to be inconsistent with how I know him. For what it's worth, I do consider myself to be an extremelyy observant, analytical, (if not judgmental) type of person. I can honestly tell you that Dave Ruskjer has never said or done anything to take advantage of me personally or betray my trust. I believe that speaks to his character,. That having been said, I sincerely appreciate your time and attention to this most serious matter. Thank you so much for your consideration.

Yours truly,

Nathaniel Peter Ruskjer

John Hayward

December 11, 2011

Dear Judge Gillmor:

My name is John Hayward and I have been friends with David Eugene Ruskjer for over 39 years. We were introduced prior to my transferring to Andrews University in Michigan subsequent to my family's move from Arizona.

Dave was editor of the student newspaper and active in other areas of student journalism. He hired me as an assistant at the paper, where I really became acquainted with his intelligence, wit, energy and commitment to projects. Whenever a task, large or small, needed to be completed, Dave would jump in to help finish the job. Then, once it was done, he would take no credit for its completion, but instead, praise those who couldn't accomplish what he had done, giving them full credit. It was an incredible trait that I've seen him share with friends, family and strangers ever since.

I realize that Dave has been found guilty in a jury trial recently and am well acquainted with the charges, as I was a witness in the proceedings before you. While much evidence was given regarding actions that I was in no way privy, the picture that the indictment and conviction paint is very different from the gentleman that I've known for many years. I'd like to share a bit of that Dave with you.

Dave has throughout the period of our friendship has never shown himself to be fixated with personal wealth or station. Whether he was dealing with his family -- children, siblings or extended -- or friends, clients, business associates and other acquaintances, Dave's focus is always on achieving something together, finding shared enjoyment and success.

Any friend in need knew the right person to contact--Dave. Whether it was staying up all night to help a co-worker navigate through a personal crisis, helping a friend or family member financially to his own detriment or putting in many extra hours to help a cololeague finish their part of a job, Dave was always there, and always came through.

A friend was recently suffering from some difficult health-related issues. Dave did some research and was abble to give her suggestions to improve her situation immensely.

Dave's talents as a musician, writer, public speakker, computer programmer and idea person are well appreciated by thos who know him. But they all pale in comparison to Dave as a person and as a friend.

I will go to my grave knowing that Dave never intentionally harmed anyone, ever. A person as generous, forgiving and supportive to others--family, friends, co-workers and strangers--doesn't just change their characgter.

Your Honor, thank you for your time in reading my thoughts and knowledge about Dave Ruskjer and taking them into consideration in the decision you will make.

Very truly yours,

John Hayward

Ananda Kali

December 10, 2011

Dear Judge Gillmor,

I know Dave Ruskjer as both a friend and colleague. I have known Dave for over eleven years.

I am aware that Mr. Ruskjer was indicted in July 2009 for mail and wire fraud, unlawful structuring of financial transactions to evade reporting requirements, and money laundering. I am aware that Dave Ruskjer spent approximately two and a half years prior to his trial under house arrest (I hope this will count towards time served.) I know that he was found guilty of all but one wire fraud count, by jury verdict on September 216, 2911. I am also informed that he has a sentencing hearing in your court currently scheduled for January 5, 2012.

I am sending this letter in support of Dave Ruskjer's character in the hopes that you might get a more complete overall picture o him.

Dave Ruskjer was raised and educated as an Adventist Christian. In part due to his upbringing, to this day he is a non-driner, non-smoker, is a devout vegetarian, and does not use recreational drugs of any kind. He eats and dresses simply. He has a warm and friendly demeanor. Dave is a faithful caring attentive husband. He is a great friend and community member. He has many loyal friends who have known him for 30 years or more. He is great with kids and a nbatural born teacher. Dave is very generous with his time and erngy to those around him. Dave sincerely wants the best for all his friends and family members.

Dave was educated in Adventist Christian schools up to and including an Adventist College. At the Adventist College, Dave helped publish the Chritian School Newspaper He wrote regular articles for the newspaper, giving him a chance to contemplate his faith though writing. Later, he helped run a printing business for several years.

Dave worked for Radio Shack before I met him. He loves working with people and absolutely loves knowing about the latest electronic and computer gadgets. Radio Shack was a great fit for himm. Any time we went on safari to Radio Shack, we would drool over the latest, greatest new item in the store. Dave would tell stories of various Radio Shack adventures, including one time when he sold the most electronic piano keyboards.

Dave worked for many years as a computer consultant driving all over Kauai helping people with their computer problems. Dave is a natural teacher, coming up with original ways of explaining concepts. He spent many hourss ptiently coaching people on how to use their computers, including how to do simple tasks like send email.

Dave worked as a substitute math teacher in a grade school on Kauai. He created a computer progrfam that helped the kids learn math. The program was so successful that his class started pulling ahead of the other math classes. This was great for the kids; however, the other teachers were nothappy because they thought it made thm look bad. It was a sad commentaryon the schools. It said a lot about Dave as a great teacheer.

Dave was the choir director of Lihue Christian Church on Kauai. He took the job because he loved doing it, as the pay was not much. He has a wonderful booming base voice. He has the kind of deep voice that would sound great as a radio announcer. There were many older Japanese folks in the choir, and he would often come home from church events with all kinds of Japanese food items. As a confirmed vegetarian, he would then carefully pick through, to see what was 'safe' to eat.

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Dave also acted and sang for many years in Kauai's South Pacific, a famous 1949 Broadway musical that sensitively explores the theme of racial prejudice during WWII. The production was revived in 2009 on Kaui and has been running continuously since. Dave loved it. His nephew, young Dave, also got a job in the production, acting and singing. Dave Sr. helped with selling tickets and printing the programs for the production. I witnessed Dave Sr. coaching young Dave on the politics of how to hold down a job, in this case in the South Pacific production.

Dave is an avid reader on a wide range of subjects. Always curious, he reads books and magazines about the latest developments in science, medicine, electronics, computers, business, marketing, finance, religion, self-and health, He has a sharp mind and enjoys reading ab out invention and creativity.

Dave is always doing different exercise programs. Sometimes he hs swimming laps in the pool, walking, and jogging, bouncing on a trampoline, bicycle riding, counting push0ups or pull-ups. he will tell me about the latest health book he has just read, and starting a different exercise program. One time he got excited about a pogo stick! He loves tgo scuba dive.

Dave loves movies, especially uplifting and funny ones. One time he asked me if I had ever seen the movie "Airplane". I said no. He offered to watch it with me. I knew he had probably seen that movie more times than he could count. I discovered he was thrilled to watch a movie he had already seen numerous times, just to be able to share it with a friend.

Dave's Japanese wife Mariko would watch American movies and not understand the English dialog. Mariko, having learned propler English in Japan, was not prepared for the vast amount of slang in the American dialect. English language movies were not fun for Mariko, as she wimply could not understand the movie dialog. This sent Dave on a search for finding teaching systems where he could learn Japanese for himmself. He also was searching for systems teaching Japanese speakers how to learn spoken American Englilsh/Slang. He spent hours on this topic. Aside from being a tireless researcher, he was looking for ways to make Mariko happy. He finally installed a TV-program recorder b ox that would record Mariko's favorite Japanese TV stations. He started watching Japanese movies with subtitles so they could watch movies together.

has a very active interest in photography and takes many pictures. Some are artistic land or cityscapes. Many of his photos are of friends and family. He has taken some wonderful photos of his wife. From time to time Dave will show me photos of his wife, Mariko, carefully pointing out which ones best show off her spirit or have the best smile.

One time I was going to visit my brother and his family. I had not seen my brother for at least ten years face to face. My brother has a lovely wife and five kids,. I was at a loss as to what to pring the family as a gift. Dave suggested that I give them a computer game called "Wii". You watch the game on your TV. You hold wands in your hands that tell the game where you are in space. This allows you to play ping-poing, golf, etc. in your living room. The gift was a smashing success. The kids absolutely loved it and played for years. They still remember "Uncle Dave" to this day as the one who suggested the gift.

Dave is one to help his friends. One time I committed to putting on a dance show. I had never produced a stage shop before. I made posters. Dave coached me on the graphics. I put up the posters all over Kauai. I needed an article in the Garden Island newspaper. I found myself sitting staring at a blank computer screen. Dave coached me on writing the article. The article was published in the Garden Island News. Dave ran the sound and light board the night of the show. The show was a smashing success to a full house!

When he was younger, Dave worked for a while as an Emergency Medical Technician (EMT). He has a calm, matter-of-fact attitude in any emergency, He can come out of a dead sleep and function if needed. A mutual friend has serious medical and emotional issues. On many occasions (over a period of years),she has had crisis' of health or emotional meltdowns and needs an sounding board. I witnessed Dave listening, asking question, and troughle-shooting whatever was going on,. On many occasions, Dave would work with her for as long as it took until she stabilized. This is another example of how Dave is very generous in giving his time with his close friends.

Dave's wife, Mariko, does not drive. He would drive her wherever she needed to go, accommodating her needs into his schedule as a matter of cours.e This including trips to the hairdresser, Japanese Tea Club, finding Japanese food and shopping. He is one of the few men I have ever met who has the patience to shop with women. He would delight in Mariko trying on clothes. He would take his time paying attention to the style, cut, fit, and pattern of the garment evaluating how flattering an item might be or not be on Mariko.

Dave is always looking for things to do that will make Mariko happy. Mariko loves to eat out. Dave would take time to find a restaurant where Mariko could enjoy Japanese seafood, even though he is vegetarian and woukld have to carefully pick through the menu to find something he could eat.

I disvcovered over time that Dave is in regular weekly, sometimes daily, contact with his mother. I would call to ask a business question, and find he was on another call. He would call back after twenty minutes to an hour explining he was "talking with Mom". I discovered that Dave talks to his mother regualarly about everyting including religion. He would have long discussions with her on the fine points of religion. I do not have this kind of patience with my own partents! Dave had the patience, I was amazed at his persistence, tolerance and willingness to keep communicating with his mother even over topics where they clearly did not agree. I twas clear they enjoyed talking to each other from the amount of time spent together on the phone.

One time Dave and I were talking about religion, his Christian background and spirituality. He said that his life goal was to love others as Christ did. This comment, said to me only once, made a very deep impression on me that I have never forgotten. After that, I would watch his behavior and choices. I started to see that he was always asking the question, "What would make this person happy?" If it were in his power to do something to make the person happy, he would do it.

Very recently, I heard some news of Dave by chance (as I have not been allowed to talk to Dave for three years since his house arrest). A mutual friend shared that Dave told Mariko not to wait for him, in case he's in prison for an extended period of time. Whether or not this was reported to me accurately, it is exactly the kind of thing Dave would do. His wish would be tht Mariko should do whatever makes her happy. When I heard this, I was very deeply moved. I do not know many people facing prison time, who would say this to their wives. Aside from whatever happens to him, Dave truly wants Mariko to be happy.

It is possible to make arguments regarding whether Dave Ruskjer committed crimes or made apparently bad business decisions,. Certainly, the court record shows he was found guilty on several counts by jury verdict on September 26, 2011. What cannot be argued is that Dave Ruskjer is a kind, loyal, sincere, community minded, loving man who does the best he can by his family and friends regardless of his circumstances. He clearly provides no physical danger to society. I truly hope Dave Ruskjer is returned as soon as possible to life with his wife, family and friends, who deeply love, support and value him.

Sincerely,

Ananda Kali

Jacquelyn E. Hayes

December 12, 2011

Dear Judge Gillmor:

This letter is written on behalf of David Eugene Ruskjer, who was indicted in July 2009 for mail and wire fraud, unlawful structuring of financial transactions to evade reporting requirements, and money laundering. He was found guilty of all but one wire fraud count in September 2011.

I have known David Ruskjer since 1968 when he was attending a private academy in Battle Creek, Michigan, and I was a senior in college at Andrews University, Berrien Springs, Michigan. I was dating his older brother Bob at the time. When we visited his home during school breaks, I discussed and proofread radio talks and school papers David wrote, some of them harmonizing science and Scripture, and others of a humorous or other scholastic bent. He was an excellent writer. As well, he excelled in music, both vocal and instrumental. He won a high awared for trumpet playing. I believe it was a national award, but my memory fails to know exactly.

In 1990, I became David Ruskjer's wife. We were married for five years. During all the time I knew him and was married to him, David was generous to a fault to everyone. He many times sacrificed free tiome to help people in the community with computer problems. Sometimes, rather than charge people for his help, he accepted a meal with the family in exchange. He was very sensitive to others' needs. I never knew him to take advantage of anyone, either financially or in any other way.

David belonged to the island chorale under Greg Shepherd's directions; he directed two church choirs over the years he lived on Kauai; he sang and acted in a local production of South Pacific; and while we were married he was active in the Lawaii Valley Seventh-day Adventist Church.

Throughout all the time I knew David, he kept in weekly contact with his mother, who lived in Florida. He was very thoughtful to her, writing poetry for her and calling her often. He was thoughtful and kind to me and to his colleagues and friends,.

David enjoyed swimming, playing tennis, body surfing, and scuba diving with his sons and others,. He played computer games with the family and helped the children with their homework.

I have endeavored to acquaint you with some of the many positive attributes of David Eugene Ruskjer.

Respectfully,

Jacquelyn E. Hayes

David Andrew Ruskjer

12/20/11

Honorable Judge:

I write on behalf of the accused; my uncle, mentor, boss and friend of 25 years. I have been advised that a great portion of what I write will not bear on his fate, but as I possess the truth I thought that you should know it.

From a literal standpoint, I served him as executive secretary, property manager, buyer, and duty coordinator for his JENNL/Echolearn project. I consulted on the accounting data used to make stock trades and keep lender accounts, including the Master Lender Index. Along with Ananda Kali I handled and maintained promissory notes, bank statements, and lender folios. I was present during many meetings with lenders which I swear came to him as a natural result of positive word-of-mouth; and though he welcomed and utilized their money, he not once solicited it.

Dave has a very unique thought process. He wants people to participate in the genius he receives. I've seen this a hundred times. He'll find a better way to do this or that using his computer knowledge, and gather momentum for the concept or idea by telling the whole world about it. He pioneered outbound automated surveys, created a virtual phone secretary 20 years ahead of its time (SuperPhone), and has done so all his life--find better mousetraps using computers. The only difference is that this one worked and its time had come.

I witnessed first-hand one man enduring an ever-evolving, high-stress, computational juggernaut requiring him to wake at 3 a.m., buy or sell stocks, puts, calls; the arduous hours wading through the analysis of hidden fees, rules, pay structures, schedules, and tax ramifications; what did or didn't work--day after week after week until finally, after two years, from the chrysalis of a "what if" idea finallyan investment strategy that won--every time--metamorphosed. I content that nobody intending to defraud others would put in this kind of time.

Since we are family, I took it upon myself to protect him from both his genius and thos who would take advantage of him because of it. I failed.

I couldn't convince him that since this stock strategy was both legal and incredibly effective, it was both unnecessary and potentially dangerous to involve anyone but those he could absolutely trust in it. I advised it wiser to wait longer for one strong tree to grow than fields' worth of fast-growing weeds. Since I am now out of a job because of this whole situation, it gives me very little consolation to be right.

But being stubborn or impetuous is not a crime, and though he didn't choose my strategy he did garner some caution from mine and many others' concern. He hired a CPA, consulted attorneysm, and took enormous strides in due diligence to mainain a comprehensive, accurate accounting system, including a webpage that lenders could use to track their accounts; again, things that somebody intending to defraud wouldn't waste time and energy on. As I consulted on the Master Lender Index, I can attest to its accuracy and swear that every single person on that list got their money, and it causes me much confusion that sending it to them constitutes wire fraud.

jAll that money the papers and prosecution allege he was squandering was actually meant for sustaining his staff and furthering his other projects. The condo in Lihue was for myself and his wife's son. The condo in Poipu was for guests in a language learning program that we were spending enormous amounts of money ($20k+/month) and time building. He could've bought a Porsche; he bought a hybrid.

But it seems it's too late for that. Even though he has no criminal record, a stellar local reputation, and is in reality completely innocent, he's been found guilty by a jury of his peers, so perhaps I should tell you a little of what I know of him:

Christian upbringing, communications degree, minor in music, worked as an EMT for 3 years, along with his wife ran a typesetting business for 20 years, three sons, aught computers, science, and math at private school, and for 20 years on the island of Kauai ran a modest computer consulting business, often trading his computer services for food!

He has been divorced twice, unapologetically eats too much sugar, and when he drives a car, he depresses the accelerator on and off like a mechanic listening for engine problems. I know he has a poor sense of direction and couldn't show up to your court without a map or GPS. He is famous for buying things he already has either because he doesn't remember he has them or because he knows he has them but needs them NOW> He raises his voice in anger once in 1996 after a critical error that I made. This is the extent of his faults.

He is generous to a fault, sparing no expense in time, effort, or money to help those he loves. His language learning programs stemmed from his difficulty in communicating with his Japanese wife He has bailed me out of jail, and talked me out of going off the hook more than once. His life-saving attempt to revive Joshua Lauama after falling out of his truck is well-known; he spent over half an hgour keeping this boy alive until the paramedics arrived. When Joshua died it was the first time in my life I'd ever seen Dave cry or become depressed.

Also legendary is his sense of humor and musical ability; playing piano, guitar, trumpet and singing in church choirs/quartets (along with myself) pretty muchg all his life. He's kinda smart. By that I mean he's the kind of smart that leaveds you in utter awe at the magnitude, lucidity, and rate that his ideas arrive. He can read a thick programming book with full retention in two days. He has such gift for analytical thought that it's no wonder no one could at firast believe he legitimately made money in the stock market. If his right brain could keep up, he wouldn't be in this mess. He has withheld no secrets from me, and although I would never betray them to anyone, there's nothing to tell. I love him very much.

Sincerely,

David A. Ruskjer

David A. Ruskjer,

Nephew/Friend/Protege

Mariko Fukui Ruskjer

Dear Judge Gillmor,

I hope you don't mind if I had help putting my thoughts into English. My English is not good enough to write a letter that you would understand.

I am David E Ruskjer's wife. You may have noticed me in your courtroom each day during the trial. I was there when the jury returned its verdict.

I notice many things that are different in America than where I came from in Japan. In Japan the person who places a call to a cell phone pays for the call. The receiver pays nothing, Here both people pay. There are no hidden charges like the $4.95 one pays here each month just to be able to make long distance calls. People are more likely here to make mistakes when they make change like at Taco Bell and not notice them.

In the Japanese justice system the emphasis is on discovering the truth. It did not appear to me that this was the case at my husband's trial. Even I, who am not expert in English, could see where the prosecutor used double meanings to make something that was true appear to be something that was not true.