Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1096-39

Filed 03/30/2007

Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00103-REB-06 UNITED STATES OF AMERICA, Plaintiff, v. 6. MICHAEL SMITH, Defendant.

VERDICT FORM

COUNT 1 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 1 of the second superseding indictment: Not Guilty Guilty If you find the defendant, Michael Smith, guilty in Count 1 of the indictment, complete the following: We, the jury, upon our oaths, unanimously find that the following overt act or acts were committed by a conspirator in furtherance of the conspiracy charged in Count 1 of the indictment (mark all that apply): ______ On or about September 10, 1999, George Alan Weed sent an application for a commercial crime policy to St. Paul Fire & Marine Insurance Company; ______ On or about February 14, 2000, Norman Schmidt executed a check

Case 1:04-cr-00103-REB-MEH

Document 1096-39

Filed 03/30/2007

Page 2 of 7

in the amount of $50,000, payable to investor Orvalee Farris, on the closed account of the Reserve Foundation Trust at New Frontier Bank of Greeley, Colorado; ______ On or about April 1, 2000, Norman Schmidt and an unindicted coconspirator executed a contract in the name of the Reserve Foundation Trust to purchase America West Plastics and its associated real estate for $1,650,000; ______ On or about May 16, 2000, Norman Schmidt and an unindicted coconspirator purchased real estate in Pitkin County, Colorado, known as the Redstone Castle Properties in the names of Peaceful Options, LLC, Tranquil Options, LLC, and Serenity Options, LLC using $6,500,000 in funds obtained from investors in the fraudulent high-yield investment program; ______ On or about July 25, 2002, an unindicted co-conspirator executed a lease for office space in Denver, Colorado under the name North West Group, LLC, which was used for operating the fraudulent high-yield investment program; or ______ On or about February 5, 2003, Norman Schmidt transferred $2,500,000 from the Capital Holdings, LLC account at Wells Fargo Bank to the Monarch Capital Holdings, LLC account at Bank One controlled by him and George Beros.

Case 1:04-cr-00103-REB-MEH

Document 1096-39

Filed 03/30/2007

Page 3 of 7

COUNT 5 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 5 of the second superseding indictment: Not Guilty Guilty COUNT 6 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 6 of the second superseding indictment: Not Guilty Guilty COUNT 7 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 7 of the second superseding indictment: Not Guilty Guilty COUNT 8 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 8 of the second superseding indictment: Not Guilty Guilty

Case 1:04-cr-00103-REB-MEH

Document 1096-39

Filed 03/30/2007

Page 4 of 7

COUNT 9 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 9 of the second superseding indictment: Not Guilty Guilty COUNT 16 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 16 of the second superseding indictment: Not Guilty Guilty COUNT 17 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 17 of the second superseding indictment: Not Guilty Guilty COUNT 23 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 23 of the second superseding indictment: Not Guilty Guilty

Case 1:04-cr-00103-REB-MEH

Document 1096-39

Filed 03/30/2007

Page 5 of 7

COUNT 24 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 24 of the second superseding indictment: Not Guilty Guilty COUNT 25 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 25 of the second superseding indictment: Not Guilty Guilty COUNT 26 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 26 of the second superseding indictment: Not Guilty Guilty COUNT 27 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 27 of the second superseding indictment: Not Guilty Guilty

Case 1:04-cr-00103-REB-MEH

Document 1096-39

Filed 03/30/2007

Page 6 of 7

COUNT 28 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 28 of the second superseding indictment: Not Guilty Guilty COUNT 29 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 29 of the second superseding indictment: Not Guilty Guilty COUNT 36 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 36 of the second superseding indictment: Not Guilty Guilty COUNT 40 We, the jury, upon our oaths, unanimously find the defendant, Michael Smith, in Count 40 of the second superseding indictment: Not Guilty Guilty

Case 1:04-cr-00103-REB-MEH

Document 1096-39

Filed 03/30/2007

Page 7 of 7

Dated this

day of

, 2007.

Foreperson