Free Notice (Other) - District Court of Colorado - Colorado

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

Document 1061

Filed 03/22/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA Plaintiff, v. 1. NORMAN SCHMIDT, 2. GEORGE ALAN WEED, 4. CHARLES LEWIS, and 6. MICHAEL SMITH. Defendants.

GOVERNMENT'S NOTICE OF INTENT TO OFFER EVIDENCE PURSUANT TO RULES 803(6) AND 902(11) OF THE FEDERAL RULES OF EVIDENCE

The United States of America (the government), by and through Assistant United States Attorneys Matthew T. Kirsch and Wyatt Angelo, hereby gives notice that intends to offer evidence at trial pursuant to Rules 803(6) and 902(11) of the Federal Rules of Evidence, as described below: 1. Rule 902(11) of the Federal Rules of Evidence allows that the original or duplicate of a domestic record of regularly conducted business activity that would be admissible under Rule 803(6) is treated as self-authenticating if accompanies by a written declaration by its custodian that the record: (A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (B) was kept in the course of regularly conducted business activity; and (C) was made by the regularly conducted activity as a regular practice.

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

Document 1061

Filed 03/22/2007

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2.

The government also intends to offer records provided by the Bank of Nova Scotia, CIBC Caribbean, Ltd., and National Commercial Bank (SVG), Ltd. at trial. These documents will be authenticated as required by Rule 901(a) through a combination of certificates in the form prescribed by Rules 902(11) and 902(12) and testimony from witnesses.

3.

The government intends to offer the exhibits described in the chart pursuant to declarations from custodians as described in the chart. A copy of the relevant portions of the government's exhibit list, which more fully describes the exhibits and identifies them by the Bates numbers assigned to them in discovery, is Attachment 1 to this pleading. Copies of the completed, or, in three instances, proposed forms of declarations which the government intends to use are Attachments 2-25 to this pleading. Proposed declarations are marked with an asterisk in the table. Exhibit Numbers 510 9000-9003 9010 9020-9021, 9024-9032 9022 9023 9050 9060-9070 9080 Custodian/Declarant Douglas Burnett Larry Seastrom Derry Williams Beverly White Adriana Sobarnia, Michael Watson, Tammy Cornish Adriana Sobarnia Denise Gage Stacy Ebert Barbara Yeargan Attachment Number 2* 3 4 5 6 7 8 9* 10

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

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9090-9091 9100-9101 9110 9120-9121 9130 9140-9142 9150 9170 9180-9183 9190-9276 9300-9301 9310-9311 9320 9160, 9330-9356 12000

Pat Richardson Francisco Valerio Lesa Moore Ruth Tomasini Michele McGuire Rita Atchley Thomas Herity Sabrina Neehall Carmen Perez Angela Davidson Linda Lewis Shauna Raab Pamela Stahly Lisa Tennyson Gail Diamond

11 12* 13 14 15 16 17 18 19 20 21 22 23 24 25

4.

As required by Rule 902(11), the government will make these records and the declarations available to any defendants who wish to review them in advance of trial.

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

Document 1061

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Respectfully submitted this 22d day of March, 2007. TROY A. EID United States Attorney

s/Matthew T. Kirsch Matthew T. Kirsch Wyatt B. Angelo Assistant United States Attorneys 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected] [email protected]

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

Document 1061

Filed 03/22/2007

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 22d day of March, 2007, I electronically filed the foregoing GOVERNMENT'S NOTICE OF INTENT TO OFFER EVIDENCE PURSUANT TO RULES 803(6) AND 902(11) OF THE FEDERAL RULES OF EVIDENCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected] Ronald Gainor, Esq. [email protected]

Richard N. Stuckey, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Mitchell Baker, Esq. [email protected] Richard K. Kornfeld, Esq. [email protected]

s/Matthew T. Kirsch Matthew T. Kirsch Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected]

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