James Fayed's bail which was originally set at $500,000 but he was not released. The government came back and argued further for his detention and today he still sits in a cell. How? The government has presented a reasonable argument to the court that this defendant is a flight risk and a danger.
"...this Court can and should conclude that defendant, at this time, has every reason to flee, and that no condition or combination of conditions can assure his appearance in this case." [4]
Why? Among other reasons, the vehicle used in Pamela's murder was caught on video and the tag traced to an Avis rentals very near to the e-bullion office. The American Express card used to rent the vehicle was not only in the name of James Fayed, but the exact card was found in his wallet during a search of his residence on August 1st.
"Pamela's murderer left the crime scene in a red SUV that was captured on surveillance video, along with its license. The license was traced to Avis car rentals in Camarillo, not far from defendant's business. The vehicle had been rented from Avis on July 3, 2008 using an American Express card issued to defendant and GCB. An American Express credit card with the same account number was found in defendant's wallet during a search of his residence in the days following Pamela's murder." [5]
It's is important for readers to note that James Fayed has not been charged in connection with his wife's murder and not been convicted of any crime. In America, he remains innocent until proven otherwise. It is also very important to understand the full extent of the government's investigation into Goldfinger/e-bullion. From the court documents we know that the original indictment was returned on February 26, 2008, (6 months ago) under seal, and as of today, the FBI is still investigating Goldfinger Coin & Bullion Sales and e-bullion.
Take a look at the creative way investigators gained access to the financial accounts on the Goldfinger/e-bullion accounts...
We can make a guess and say that around January or February of 2008 there were likely numerous signed complaints relating to lost funds from this large ponzi which was accepting funds through e-bullion. We can also assume since they became the target of the investigation that most of the complaints pointed a finger directly at the Goldfinger (GCB) bank accounts and e-bullion digital gold accounts. How did the government get access and control over these private statements without sending the subpoena right to James Fayed?
In October of 2007, James Fayed filed to divorce his wife Pamela. In April of 2008 a court appointed receiver was instructed to "examine and secure" the gold holding and other assets under Jim's control at their business location. This was routinely being done for the purpose of the divorce settlement.
"April 2008, defendant provided business records to Pamela's forensic accountants, only after he was ordered to do so after resisting for months, in order to allow the accountants to ascertain the value of the marital estate and to provide information to set spousal support." [6]
Now.... right here...this is where the plot thickens. It seems that while the records were at Pamela's accountants, the government subpoenaed them through the accounting firm gaining access and copies to help build their criminal case against James.
"At that time, the government's investigation into defendant's business affairs remained underway and the government subpoenaed the accountants to produce the records they had obtained from defendant." [7]
From this time in April when the first sealed indictment came back, it is not clear that James Fayed was ever aware of any government investigation right up to the point he was arrested. However, it's clear the the accountants blabbed to Pamela about the subpoenaed records and Pamela, through her attorney, offered her assistance to the government.
"On or about June 24, 2008, Pamela's then defense counsel advised the government that Pamela wanted to cooperate in its investigation." [8]
James is not talking and that's probably the smartest thing he has done yet.
"The government argued and continues to argue that defendant's role as the primary suspect in Pamela's murder makes him a serious risk of flight and a danger to others, whether or not Pamela was murdered in order to obstruct the present case. The facts show that defendant had become desperate. He was likely concerned that Pamela would cooperate and be a witness against him in this case." [9]
As James sits in custody, the police and FBI are now searching for his brother Anthony Fayed and have labeled him a "person of Interest" in Pamela's murder. Anthony Fayed, is a 53 year old convicted felon, ex-convict and drug abuser. He is now believed to be in possession of a handgun and on the run. One court document and separate article describes Anthony as being proud of his close connection to the violent white supremacist prison gang known as the Aryan Brotherhood (AB) or "The Brand." Anthony is also currently being sought for an outstanding warrant on a previous legal matter.
Before her murder, Pamela had petitioned the Ventura County Superior Court in California for a restraining order against Anthony Fayed and was denied because of "insufficient facts."
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