Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 1096-36

Filed 03/30/2007

Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00103-REB-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. NORMAN SCHMIDT, Defendant.

VERDICT FORM

COUNT 1 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 1 of the second superseding indictment: Not Guilty Guilty If you find the defendant, Norman Schmidt, 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 1096-36

Filed 03/30/2007

Page 2 of 13

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 1096-36

Filed 03/30/2007

Page 3 of 13

COUNT 2 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 2 of the second superseding indictment: Not Guilty Guilty COUNT 3 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 3 of the second superseding indictment: Not Guilty Guilty COUNT 4 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 4 of the second superseding indictment: Not Guilty Guilty COUNT 5 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 5 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 4 of 13

COUNT 6 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 6 of the second superseding indictment: Not Guilty Guilty COUNT 7 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 7 of the second superseding indictment: Not Guilty Guilty COUNT 8 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 8 of the second superseding indictment: Not Guilty Guilty COUNT 9 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 9 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 5 of 13

COUNT 10 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 10 of the second superseding indictment: Not Guilty Guilty COUNT 11 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 11 of the second superseding indictment: Not Guilty Guilty COUNT 12 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 12 of the second superseding indictment: Not Guilty Guilty COUNT 13 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 13 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 6 of 13

COUNT 14 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 14 of the second superseding indictment: Not Guilty Guilty COUNT 15 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 15 of the second superseding indictment: Not Guilty Guilty COUNT 16 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 16 of the second superseding indictment: Not Guilty Guilty COUNT 17 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 17 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 7 of 13

COUNT 18 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 18 of the second superseding indictment: Not Guilty Guilty COUNT 19 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 19 of the second superseding indictment: Not Guilty Guilty COUNT 20 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 20 of the second superseding indictment: Not Guilty Guilty COUNT 21 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 21 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 8 of 13

COUNT 22 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 22 of the second superseding indictment: Not Guilty Guilty COUNT 23 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 23 of the second superseding indictment: Not Guilty Guilty COUNT 24 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 24 of the second superseding indictment: Not Guilty Guilty COUNT 25 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 25 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 9 of 13

COUNT 26 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 26 of the second superseding indictment: Not Guilty Guilty COUNT 27 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 27 of the second superseding indictment: Not Guilty Guilty COUNT 28 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 28 of the second superseding indictment: Not Guilty Guilty COUNT 29 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 29 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 10 of 13

COUNT 30 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 30 of the second superseding indictment: Not Guilty Guilty COUNT 31 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 31 of the second superseding indictment: Not Guilty Guilty COUNT 34 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 34 of the second superseding indictment: Not Guilty Guilty COUNT 36 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 36 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 11 of 13

COUNT 37 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 37 of the second superseding indictment: Not Guilty Guilty COUNT 38 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 38 of the second superseding indictment: Not Guilty Guilty COUNT 39 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 39 of the second superseding indictment: Not Guilty Guilty COUNT 40 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 40 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 12 of 13

COUNT 41 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 41 of the second superseding indictment: Not Guilty Guilty COUNT 42 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 42 of the second superseding indictment: Not Guilty Guilty COUNT 43 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 43 of the second superseding indictment: Not Guilty Guilty COUNT 44 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 44 of the second superseding indictment: Not Guilty Guilty

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

Document 1096-36

Filed 03/30/2007

Page 13 of 13

COUNT 45 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 45 of the second superseding indictment: Not Guilty Guilty COUNT 47 We, the jury, upon our oaths, unanimously find the defendant, Norman Schmidt, in Count 47 of the second superseding indictment: Not Guilty Guilty

Dated this

day of

, 2007.

Foreperson