LAW OFFICES
LOS ANGELES COUNTY PUBLIC DEFENDER
Public Integrity Assurance Section (PIAS)
312 South Hill Street, Third Floor
Los Angeles, CA 90013
Voice: (213) 893-2398
FAX: (213) 621-0991

RONALD L. BROWN
PUBLIC DEFENDER

CASEY LILIENFELD
HEAD DEPUTY

HARVEY SHERMAN
DEPUTY-IN-CHARGE

CONFIDENTIAL - Attorney-Client Privilege

December 17, 2012

Bernard Smith P40024
Rj. Donovan Corr Fac At Rock Mtn 14-230
P.O. Box 799001
San Diego, CA 92179-9001

Re: People v. Bernard Smith, NA037383-01

Dear Mr. Smith:

The Los Angeles County Public Defender filed a Petition for Recall of Sentence on your behalf on 11/7/2012.

Just this week, Judge William Ryan decided that he will be requiring the District Attorney to respond to each petition within 45 days. The District Attorney has a few choices: she can decide not to oppose your petition; she can decide to challenge your petition, or she can ask for more time. The District Attorney has indicated that she will make no decision until reviewing your prison disciplinary records. The District Attorney believes it will take 30 days to get your records. Therefore, the District Attorney has not yet responded to your petition.

With this in mind, I intend to subpoena some of your records on a shorter time frame in order to press for faster results. The records I am seeking include documents related to CDC-115, CDC-128-A, CDC 128-E (Education), CDC128-B (Laudatory, Support Group, Self Help, Volunteers Work, and Training Certificates), and CDC 101 (Work Reports). If the District Attorney challenges your petition, we intend to conduct a full mitigation. For that purpose, we will also need additional records spanning your life. I am enclosing three different releases for you to sign and date. Please sign and date the areas identified with yellow boxes. You do not need to fill out any other parts of the form. Any records we receive will remain as work-product unless and until we decide that their use would be of benefit to your case.

I am also including a waiver of appearance form. No decisions have been made about whether you should or should not be present. If the District Attorney challenges your petition, you will be brought back to court. However, if the District Attorney decides not to challenge your petition, it may be to your benefit to have the waiver available. Until we see how the CDCR is handling direct releases, we won't know which location will result in a faster release. Once again, please sign and date the waiver form in the yellow boxes. If you should choose not to sign the waiver, you will be brought to court whether or not the District Attorney challenges your petition.

***

RONALD L. BROWN, PUBLIC DEFENDER
Harvey Sherman, Deputy Public Defender
Bar Number 175114
PUBLIC INTEGRITY ASSURANCE SECTION
312 S. Hill Street, 3rd floor
Los Angeles, CA 90013-1284
(213) 893-1284

Attorneys for: Bernard Smith

Superior Court of California, County of Los Angeles
Clara Shortridge Foltz Criminal Justice Center
Department 100
210 West Temple Street
Los Angeles, CA 90012

Plaintiff: People of the State of California
Defendant: Bernard Smith

WAIVER OF DEFENDANT'S PERSONAL PRESENCE (PC 1170.126(i)) Case: NA037383-01

The undersigned defendant, Bernard Smith, has petitioned for resentencing and hereby waives his/her personal appearance in court for the resentencing, provided that the accusatory pleading is not amended at the resentencing and that no new trial or retrial of the individual will occur. (PC 1170.126,(i)).

Date: 1-6-2013

Bernard Smith CDC# P40024
Rj. Donovan Corr Fac At Rock Mtn
P.O. Box 799001
San Diego, CA 92179-9001

***

JANUARY 2ND, 2013

NDUGU ENTERPRISES, INC. @ MAIL.COM

A 300 Entity Enterprise @ 2006

NDUGU ENTERPRISES

IN # 30-0375913
AL. CORP. # 2936918
OM. STOCK CORP. # 07-153233

16901 NAPA ST. 116-E
NORTH HILLS, CA 91343
(818) 920-9319

SECURITIES & EXCHANGE COMMISSION - Accession # 0001490378-10-000001

Dear INVESTORS, INVESTMENT BANKERS, & BROKERAGE SERVICES,

NDUGU ENTERPRISES, INC. is a Small Business Capital Formation - STOCK CORPORATION. Our TRADEMARK is 300 ENTITIES.

Meaning, we have created 300 Businesses that are in their original context and establishments.

What we do is, we invest in businesses and produce business by way of contract and through sales of stock. We allow these entities to access Capital and more potential investors. All of our companies will become widely know being that we are positioned on a Global Marketing Basis.

These entities will be able to obtain financing more easily in the future and their investor's interest in their company can grow enough to sustain a secondary trading market in their securities, while still holding a contract with NDUGU ENTERPRISES, INC.

We have also established a Capital Account so investors can purchase stocks from a NONPROFIT point of view. However, these investors cannot sit on the Board of Directors. This was created aiming for the generosity of Philanthropies. Instead of giving one person $100,000, you can give three to four people jobs with the same $100,000, by purchasing our stocks and/or bonds.

NDUGU ENTERPRISES, INC. has its own Telemarketing Firm - ONE BLACK DESTINY.COM, that is positioned on a GMB to sell, trade, and divert shares of stock in other countries. We will build Telemarketing Offices around the world to distribute stock and to build business to produce products.

Readily we are seeking Commercial Property for our HEADQUARTERS. And, we can accomplish this by you accepting shares of stock as collateral for an INVESTMENT LOAN, or accept a CONVERTIBLE CORPORATE BOND.

The image of this Enterprise is to rear Entrepreneurs, create jobs, build businesses, generate revenue, and to enhance the American and Global economies; while providing our INVESTORS a good return on their money...

I want to thank you for investing in NDUGU ENTERPRISES, INC.

My Mailing Address is:
Bernard L. Smith
P.O. Box 799003
SAN DIEGO, CA 92179

IN SINCERITY

MR. Bernard L. Smith
CHIEF INVESTMENT OFFICER
NDUGU ENTERPRISES, INC.

BernardLSmith @ MAIL.COM/http://betweenthebars.org/blogs/1479/

***

A 300 Entity Enterprise.

NDUGU ENTERPRISES, INC @ MAIL.COM
http://betweenthebars.org/blogs/1479/

NDUGU ENTERPRISES

EIN # 30-0375913
CAL. CORP. # 2936918
DOM. STOCK CORP. # 07-153233

16901 NAPA ST. 116-3
NORTH HILLS, CA 91343
(818) 920-9319
(951) 427-1936

Dear

In times like this when financial transactions made to the private sector are stagnated by lackadaisical creativity and profit, I assure that I do remain mindful of this as I present to you my need for financial assistance of;

$5,950,000

To secure your future earnings on these funds, NDUGU ENTERPRISES, INC., would like to introduce to you our Investment Strategy, which builds 300 Businesses and creates over four million jobs.

NDUGU ENTERPRISES, INC. will also use 350,000 Shares of Common Stock as collateral @ $17.00 per Share for a total of $5,950,000. (See Articles of Incorporation). Having the knowledge to know that in the world of investing, planning, and growth it is both risky and bold, is what makes my first bang-bang get up a dandy. NDUGU ENTERPRISES, INC. will purchase $1.4 MILLION DOLLARS of its stock. It will also purchase stocks/CDs from thirty banks, investment firms and equity firms to put Capital in banks, stir investments, and begin transactions to consumers and between banks.

Secondly, this financial apparatus lays the path for NDUGU ENTERPRISES, INC. to begin immediate construction in office space, homes, stores, telemarketing firms, and employment. And third, this investment strategy brings to the business from the consumers a $220 BILLION DOLLAR purchasing power. Where people will have secured jobs and won't be afraid to spend money. There will even be a credit union for the minimum wage earner, so they can own a home, credit lines, and be able to secure a future with loans that are affordable to their income.

How? This is how NDUGU ENTERPRISES, INC. sees it:

First, under 26 USCA 163 INTEREST

There shall be allowed as deduction all interest paid or accrued within the taxable year on indebtedness. Meaning, you will be able to claim ALL allocated cost, interest and can continue to be an ally.

Secondly, under 26 USCA 170 CHARITABLE ACCRUED BASIS

NDUGU ENTERPRISES, INC. will place contributions into an account that would allow this bank, creditor, or otherwise to earn interest on its BAD DEBT. It will also allow you buy up BAD DEBTS from other banks, while NDUGU ENTERPRISE, INC. continues to build businesses by contract.

Third, under 26 USCA 149 BONDS

Bonds must be registered to be tax exempt. PPP, INC. will issue Mortgage Bonds, Educational Bonds, Consumer Debt Credit Bonds, Corporate Bonds, and NONPROFIT Bonds. PRIME PEOPLE PARTY, INC. will be able to hold various types of bonds for corporations, banks, and the Federal Government, to spur investments for consumers and taxpayers who earn $250,000 or less annually. Being that PPP, INC. can write-off interest paid to bond holders.

Fourth, under 141 USCA PRIVATE ACTIVITY BONDS

For purposes of this title the term "PRIVATE" means any bond that is part of an issue. PPP, INC. is looking to write down between $550 BILLION DOLLARS to ONE TRILLION DOLLARS of bank, creditors, and government foreign debt, which would strengthen the dollar.

NDUGU ENTERPRISES, INC. substantial obligations are to build businesses and create jobs, while providing our investors a good return on their money. As it is perceived by our Income Statement, our TRADEMARK is 300 Entities. It carries its own Single Payer health, dental, home, and automobile insurance for our employees, entity owners, low-income individuals, and retirees.

NDUGU ENTERPRISES, INC. has its own credit union for the minimum wage earner to own homes, and it is positioned on a Global Marketing Basis. (GMB) That has yet to be explored.

If you seek that opportunity, then you can formulate ALL documents, applications, accounts, readings, speculations, data, research, interest statements, tax refunds, and other needed papers in the name of:

NDUGU ENTERPRISES, INC.
PRIME PEOPLE PARTY, INC.

I appreciate this opportunity in our newly respected and energetic investment strategy that will surpass any and all that are seemingly in the realm.

Contact Person:
BernardLSmith @ MAIL.COM

IN SINCERITY,

Bernard L. Smith
CHIEF INVESTMENT OFFICER
NDUGU ENTERPRISES, INC.

Bernard L. Smith @ MAIL.COM
NDUGU ENTERPRISES, INC @ MAIL.COM
PRIME PEOPLE PARTY, INC @ MAIL.COM

Dated this day 13th of January in the year of 2013

***

West Investment Group, Inc.
3511 Camino Del Rio South, Suite 210 - San Diego, CA 92108 (619) 281-9264 - Fax (619) 281-1336

8/29/12

Bernard Smith
P.O. Box 799003/14-230
San Diego, CA 92179

To whom it may concern:

My name is [redacted] of New West Investment Group, Inc. I would like to request a direct call with Bernard Smith in regards to a business plan package mailed to our office on August 15, 2012. I would like to request this call be placed on September 4, 2012 at 11:00am. Our office number is 619-281-9264.

Sincerely,

[redacted]
President

***

State of California
Secretary of State

I, BRUCE McPHERSON, Secretary of State of the State of California, hereby certify:

That the attached transcript of 2 pages has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct.

IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of Dec 11 2006.

BRUCE McPHERSON
Secretary of State

***

NDUGU ENTERPRISES, INC @ MAIL.COM
http://betweenthebars.org/blogs/1479/

NDUGU EIN# 30-0375913

NDUGU ENTERPRISES, INC.
16901 NAPA ST. 116-E
NORTH HILLS, CA 91343
(818) 920-9319
(951) 427-1936

ENDORSED-FILED
in the office of the Secretary of State of the State of California
Nov 06 2006

ARTICLES OF INCORPORATION

Article I

The name of this Corporation is: NDUGU ENTERPRISES, INC. EIN# 30-0375913

Article II

The purpose of the corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business, or the practice of a profession permitted to be incorporated by the California Corporation Code.

Article III

The name and address in the State of California of this corporation's initial agent for service of process is:

Bernard L. Smith, Agent
P.O. Box 799003
San Diego, CA 92179

BernardLSmith @ MAIL.COM

Article IV

This Corporation is authorized to issue only one class of shares of stock and the total number of shares which this Corporation is authorized to issue is: 5,000,000 (five million shares).

Bernard L. Smith
Incorporator

***

NDUGU ENTERPRISES, INC. @ MAIL.COM ACCT.#
UCC Transmitting Utility-10-7230473188

NDUGU Enterprises
16901 NAPA ST. 116-3
NORTH HILLS, CA 91343
(818) 920-9319
(951) 427-1936

EIN # 30-0375913
CAL. CORP # 2936918
DOM. STOCK CORP. # 07-153233
SEC. & EXCH. COMM. - ACCESSION - 001490378-10-000001

TRIAL BALANCE STATEMENT
Beginning January 1st, - Ending December 31st,

ASSETS:

5 MILLION SHARES OF STOCK @ $17.00 PER SHARE $85,000,000

UNION DUES $1.00 PER MONTH X 4 million members $48,000,000

STOCK SPLIT - 10 MILLION SHARES @ $17.00 PER SHARE $170,000,000

EMPLOYEE STOCK OWNERSHIP PLAN
4 million employees x .0025% $100,000,000

300 BUSINESS - TRADEMARK $600,000,000,000

STOCK SPLIT - 500 MILLION SHARES @ $17.00 PER SHARE $8,500,000,000

CORPORATE BONDS @ $359,000 EACH $1,436,000,000
4,000 X $359,000

REAL ESTATE, COMMERCIAL, OFFICE SPACE, HOMES, UNITS, LAND $2,000,000,000

CONSUMER DEBT CREDIT BONDS $137,661,000,000

TOTAL ASSETS: $750,000,000,000

LIABILITIES:

Education Housing/Tuition $30,000,000
Taxes $370,000,000
Distribution Centers $500,000,000

MR. Bernard L. Smith
CHIEF INVESTMENT OFFICER
Bernard L. Smith @ MAIL.COM

Page 2.

Liabilities:

Investment Broker/Banker $40,000,000
Attorney Fees $25,000,000
Advertising Contract/s $9,000,000
International Relations $150,000,000
Bank Loans/Finance Charges $389,000,000
Low Income Housing Tract $75,000,000

TOTAL LIABILITIES: $1,568,000,000

ENTERPRISE EQUITY: $748,432,000,000
Seven Hundred-Forty Eight Billion, Four Hundred-Thirty Two Million Dollars.

This financial statement was prepared by:/ Bernard L. Smith
Bernard L. Smith, CHIEF INVESTMENT OFFICER Bernard L. Smith @ MAIL.COM

Mr. Bernard L. Smith, also serves as the PUBLIC POLICY COMMITTEE CHAIRMAN for PRIME PEOPLE PARTY, INC. TIN # 95-4866943

This will replace any other financial statement prior to

Mr. Bernard L. Smith
CHIEF INVESTMENT OFFICER

Dated this day of 13th, Month, January, Year, 2013

***

RESOLUTIONS TO BORROW

A 300 Entity Enterprise @ 2006

NDUGU ENTERPRISES, INC. @ MAIL.COM

NDUGU Enterprises
16901 NAPA ST. 116-E
NORTH HILLS, CA 91343
P.O. Box 799003
San Diego, CA 92179

EIN # 30-0375913
CAL. CORP. # 2936918
DOM. STOCK CORP. # 07-153233
SECURITIES & EXCHANGE COMMISSION - Accession # 0001490378-10-000001

TO:

LOAN AMOUNT: $5,950,000 INT. RATE: 13.99% LIFE OF LOAN: 15 YEARS
COLLATERAL: 350,000 Shares of Stock @ $17.00 Per Share

1. $5,950,000 - INVESTMENT LOAN

2. Purchase 200,000 share of NDUGU ENTERPRISES, INC. stock @ $17.00 per share = $3,400,000 / $150 MILLION DOLLARS in Revenue.

3. Purchase 5 Classes of Bonds: Corporate Bonds, Educational Bonds, Mortgage Bonds, Consumer Debt Credit Bonds, & NONPROFIT BONDS @ $50,000 EA = $1,374,899,000 in Revenue / 250,000 jobs.

4. Purchase/Deposit $30,000 into thirty banks CD/Stocks. Entering 5/10 year contracts = $200 MILLION DOLLARS in Revenue.

5. Purchase HEADQUARTERS for: BUFFALO SOLDIERS INSURANCE COMPANY, LLC Issuing Single Payer Health Care Bonds/Premiums. $4,416,000,000 in Revenue. 250,000 jobs.

6. Purchase HEADQUARTERS for: PRIME PEOPLE PARTY, INC., Our Nonprofit Corporation/Political Interest Group. Issuing NONPROFIT and Consumer Debt Bonds. $647 BILLION DOLLARS in Revenue. 250,000 jobs.

7. Purchase HEADQUARTERS for: NDUGU ENTERPRISES, INC. where all 300 Entities will be reared. $600 BILLION DOLLARS in Revenue. Four million jobs.

8. Purchase HEADQUARTERS for: "PROPOSED" AGAPE PHILLAO FEDERAL CHARTERED CREDIT UNION. Low-Income Depositors = $212 BILLION DOLLARS in Revenue. 20,000 jobs.

9. Purchase HEADQUARTERS for: PHASE ONE TALENT MANAGEMENT AGENCY. Contracts with clients starts @ $150 x 750,000 = $112,500,000 in Revenue. 60,000 jobs.

10. Purchase HEADQUARTERS for: I HEARD THAT TELECOMMUNICATIONS. A 13 TV and 6 Radio station Entity. A Black Global film, news, and entertainment industry. $300 BILLION DOLLARS in Revenue. 150,000 jobs.

11. Purchase HEADQUARTERS for: ONE BLACK DESTINY.COM TELEMARKETING. 3000 Telemarketers. 8 closes per day of $102 six shares packages = $660,000,000 in Revenue. 3000 jobs.

12. Purchase HEADQUARTERS for: ERASIONS, INC. An Independent Private Depository for Debt. Consumer, Government, Mortgage, Creditors, and Banks. Both Foreign and Domestic Debts. $4.6 TRILLION DOLLARS.

13. Hire 125 College Students/Graduates @ $35,000 - Annually (to start) in Accounting, Marketing, Business, Management, Law, Finances, Spreadsheets, Computer Programming, Engineering, Telecommunications, Health Care Insurance, Consumer Debt, Debt Counseling, Human Resources, Medicine Research, Language, Food, Film, Radio, Brokerage, and more.

14. Bernard L. Smith, CHIEF INVESTMENT OFFICER - Expense $250,000.

REVENUE TOTAL: $1,466,213,399,000 - One Trillion, Four Hundred sixty-six Billion, Two Hundred Thirteen Million, Three Hundred Ninety Nine Thousand Dollars.

TOTAL JOBS: 983,000

TOTAL SALARIES: $247,669,739,000

NDUGU ENTERPRISES, INC. @ MAIL.COM/PRIME PEOPLE PARTY, INC. @ MAIL.COM

Your attention in this matter is urgent.

You can direct your response to:
Bernard L. Smith
16901 NAPA ST. 116-E
NORTH HILLS, CA 91347

The Account representative can add to this account the user name:

IN SINCERITY,

Bernard L. Smith
CHIEF INVESTMENT OFFICER
NDUGU ENTERPRISES, INC.
Bernard L. Smith @ MAIL.COM
http://betweenthebars.org/blogs/1479/

ADMINISTRATIVE ASSISTANT

NDUGU ENTERPRISES, INC. does submit that its stock would have generated $5,950,000 in revenue, since

***

AFFIDAVIT OF IDENTITY

Reference: 2006306 19 79136 USD

DOM. STOCK CORP. # 07-153233
CALIF. CORP.# 2936918

NAME: Bernard L. Smith/NDUGU ENTERPRISES, INC.
ADDRESS: P.O. Box 799003
CITY, STATE, ZIP: San Diego, CA 92179
DATE OF BIRTH: June 26th, 1962

I, Bernard L. Smith, CHIEF INVESTMENT OFF., being duly sworn do depose and say that I am the individual identified above.

CAL. ID. #
S. S. # -6008

Bernard L. Smith @ MAIL.COM

Signed Bernard L. Smith

NOTARY PUBLIC'S NAME
Subscribed and sworn to me: Donald M. Swanson, Notary Public
This 8th day of May 2012

NOTARY PUBLIC
Signed: Donald M. Swanson

STAMP HERE: [stamp]

***

RE: CAPITAL ACCOUNT

NDUGU ENTERPRISES, INC. @ MAIL.COM
http://betweenthebars.org/blogs/1479/

NDUGU Enterprises
16901 NAPA ST. 116-E
NORTH HILLS, CA 91343
(818) 920-9319

EIN # 30-0375913
CAL. CORP. # 2936918
DOM. STOCK CORP. # 07-153233
EC. * EXCH. COMM. - Accession # 0001490378-10-000001

TO:
MBNA/BANK OF AMERICA
1100 North King Street
Wilmington, DE 19884

RE: ACCOMMODATION ENDORSED - Bank Line of Credit

The Maker of a Promissory Note (1) express agrees to pay the note according to its terms, (2) admits the existence of the payee, and (3) warrants that the payee is competent to transfer the instrument by endorsement.

PAY TO THE ORDER OF NDUGU ENTERPRISES, INC. (Bernard L. Smith) $3,000,000
THREE MILLION DOLLARS

MAKER: NDUGU ENTERPRISES, INC.

The credit line/loan we request can have an Interest Rate of 13.99% - SECURED
UCC # 10-7230473188 Transmitting Utility
Life of Loan: 10 Years/Revolving
First Annual payment: Annual payment of $340,000 due One Year after note is redeemed.
Loan paid in full on or before: January 1st, 2023

REASON FOR LOAN:
NDUGU ENTERPRISES, INC. will rear its 300 Entity TRADEMARK, to assist its opportunity to issue stock in an INITIAL PUBLIC OFFERING. In fact, this loan will allow our price per share to increase.

ABILITY TO REPAY LOAN:
We are planned to buy stock in 10 different banks for $1 MILLION DOLLARS; @ $100,000 x 10 = $1 MILLION DOLLARS. The interest on these investments are enough to repay loan. As this is our stepping stone to purchase/renovate Office space.

INVESTMENT EXPENSES:
Our intentions are to hire 25 college students/graduates in accounting, management, food, medicine, engineering, the Stock Market, Telecomm., etc. to build the longevity of this Enterprise. This is only the first phase of hiring.

COLLATERAL $17.00 Per Share Stock
We now offer you 200,000 shares of stock as collateral for this sum of money that we promise to pay at a fixed or determinable future.

My Mailing Address is:
Bernard L. Smith @ MAIL.COM
P.O. BOX 799003
SAN DIEGO, CA 92179

MR. Bernard L. Smith
CHIEF INVESTMENT OFFICER
BernardLSmith @ MAIL.COM
http://betweenthebars.org/blogs/1479/

[copy of certified promissory note]