Introduction
This book is about is about my life growing up and wanting to become a custom home builder like my dad. I achieved that goal having built over two hundred custom homes in the Indianapolis area. Building homes, remodeling homes, flipping homes, and becoming a mortgage broker as well. An entrepreneur then an inmate at a prison camp for two-and-a-half years. My story and stories of other brilliant minds. When the building and mortgage industry crashed in 2009, I retired from those. I did some remodeling and started a networking business. Things were starting to click and then a friend introduced me to a new business. The synthetic marijuana business then called K2. It was legal, so I took it on and starting manufacturing K2. Soon I was making millions with my latest plant in LA. I become a true entrepreneur. I started a recording studio, record label, concert promotions, limo service, and two restaurants with entertainment. Hobnobbing with celebrities, enjoying the wonderful life.
Then one cold February morning there was a knock on the door, it was Lewis and his DEA posse. Raiding my home and another group raiding the plant in LA at the same time, seizing over two and a half million dollars from me.
It all came crashing down, they said that I had a banned product called XRL11 in my products. I told them that I had never heard of that product and never bought any of it. It did not matter what I said.
Well, I was threatened and coerced into taking a plea deal and if I did not, I could be facing twenty years and they would bring my wife into this as well. She did not have anything to do with the business. They offered me 0-5 years, my attorney said I would get probation. The Judge said I was a good businessman but would be an example and he gave me four years.
Now I am a 69-year-old first time and nonviolent inmate at a prison camp, a criminal, and a number 12636-028 to go by. One good thing at the camp I meet a lot of good brilliant minds, doctors, lawyers, businessmen, builders, engineers, and of course drug users and dealers. Some not even knowing they were committing a crime. Some knowing or unknowing committing a crime. Then getting unjust and excessive time.
I will be an advocate to help change prison and sentencing reform and helping convicted offenders before, during, and after prison. Helping children of incarcerated parents.
Roger Upchurch
Chapter One
You are Guilty Til' Proven Innocent
"Things work out for the best for those that make the best of how things work out." - John Wooden
The morning started like most every other morning. I got up at 7 am fixed coffee for my wife and me and let the dogs out. At that time, we had two dogs Rocky and Bullwinkle, both Chihuahua's. Bullwinkle true to his name was the beefier of the two. A year later Bullwinkle died, and it was a huge loss as you get really attached to your pets.
That was a cold February morning with about 2" of snow on the ground and a good day to get some office work done. My wife Peggy had left for work at about 8 am at the I.U. Health Heliport and she has worked there for about 8 years and was talking about retiring at the end of the year.
I was in my home office making some phone calls and doing some paperwork when my phone rang; it was about 10 am; it was Janie my partner's wife in Los Angeles; she was crying and said the cops were there raiding the place with guns drawn, telling everybody to get on the ground. We were manufacturing K 2 there in the warehouse. K 2 is synthetic marijuana and gives you the same effect as the real thing.
I was only on the phone for a couple of minutes when my doorbell rang and it was Lewis, the same man I recently sold some product to. The same man that said he might buy me out. I thought he wanted to talk about getting into the business or even buying me out as we had discussed a couple of months ago, instead; he showed me his badge and said D.E.A. He was followed by his posse of about 10 other people. They came in without any guns drawn and each knowing their job. We sat down at our dining room table and it was me, Lewis, an IRS agent, and another D. E. A. agent. Lewis introduced them to me, but I cannot remember their names. As we sat down at the table to talk the other people were searching the house and looking for assets they wanted. I was wondering what the neighbors were thinking with all these people there. While I was being interrogated by Lewis and the other agents, I could hear the other people talking and going thru the house. I worked with them congenially and was completely truthful in answering all their questions. I was of course extremely nervous on the inside but calm and cool on the outside. As I sat there being interrogated my cell phone was constantly ringing and it was Peggy then Shelby my daughter. My son—in—law Ryan drove by and seen all the cars and people carrying out boxes wearing D.E.A. jackets. He called Peggy and Shelby and told them something was going on. Lewis told me to ignore the calls. I knew they were surely worried and wondering what was happening to me, was I arrested and going to jail? I convinced Lewis for me to call them or they would be here soon and we both did not want that. I called her and told her that the D.E.A. was raiding me and everything was going to be alright and I would be home when they got there and they were not going to arrest me, and I am not going to jail. Lewis was asking me all kinds of questions, including asking me it I knew several people he mentioned, which I told him that I knew some of them but some I did not. It is funny how you can sit there and hear them and respond but can not remember much they said. I do remember that he said that I had a banned substance in my products called XRL11. I told him that I never heard of that or bought any of that.
As Lewis and the IRS agent and the other person was interrogating me the other people were carrying out boxes of my files, the titles to my 2013 Chrysler 300, my new pontoon boat I just bought and the title to a 1966 red Chevy 11 Nova that I just bought as well. I had bought a new Chevy 11 Nova while in high school and always wanted another one and I found this one for $13,000 it needs some work but it ran and had a good body and would have been fun finishing it. As we were still talking, one officer took my cell phone for about 30 minutes, then brought it back, probably cleaned it. They also took my computer, laptop, and iPad, as well as both our passports. Why did they take Peggy's passport?
Lewis was asking me all kinds of questions that were scary since I have never been in trouble before and did not realize how they make you feel like a criminal. He told me that I could do 20 years and they may indict Peggy too since she benefited from the money. Thank goodness they never even talked to her.
As we were finishing up the other men had a garbage bag sitting by the front door. It was the cash we had, and it was $576,000 in cash.
We had that money in a suitcase, and a bag and they counted it.
They had a list of items that they took from the house and had me to sign it. At about 2:30 they were getting ready to leave and Lewis looked to me and said give me the keys to your car, with a grin on his face. I said are you serious. He said yes and said it was bought with dirty money.
In the trunk, there were about 50 electronic cigarettes that I bought and was thinking about getting into that business and these were samples. He hesitated about taking them but decided to take them, what a nice guy. I never received any paperwork stating that they were taken as the other items were.
Lewis and his posse' said goodbye and that I would be hearing from them soon. As they were leaving I asked is everything in L.A gone too. He said yes and I should not contact Andrew. Andrew was my partner in L.A. running the manufacturing plant. I did try calling him and Janie back but never got an answer, and I never tried to call them again.
As soon as they left, I called Peggy and let her know that I was OK and not going to jail, but the house was somewhat of a mess. I told her that they took all of our money. I called Shelby my daughter as well and told her I was alright too and would see them later tonight,
After I called them I had a couple of hours before they got there so I started checking on our accounts. Just as I suspected they were all frozen except one of Peggy's bank accounts that still had $30,000 in it and a PayPal account that had $125.00 in it, there was about $1,500,000 in cash and in the bank that they took.