Free Status Report - District Court of Colorado - Colorado

Case 1:04-cr-00088-REB

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Filed 07/19/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00088-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. JON CLARK, Defendant.

GOVERNMENT'S STATUS REPORT

COMES NOW the United States of America, by and through the undersigned attorney, and respectfully submits the Government's Status Report to the Court, as follows: 1. On February 26, 2004, defendant Jon Clark waived indictment and made his initial appearance on a single count Information, charging false statements in a report filed with the Securities and Exchange Commission. 2. On April 29, 2004, defendant Jon Clark entered his guilty plea to the Information, and affirmed his agreement to cooperate with the government, including in the case of United States v. David Glen Sherman, 04-CR-104-RB. The government requested that defendant Jon Clark's sentencing take place after the trial or other resolution of United States v. David Glen Sherman, so that defendant Clark could complete his cooperation, and the government could advise the Court fully regarding that cooperation.

Case 1:04-cr-00088-REB

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3. On or about May 28, 2004, the government filed its unopposed motion to continue defendant Jon Clark's sentencing hearing, and as grounds therefor, explained that it sought a sentencing date that would allow Mr. Clark to complete his cooperation in United States v. David Glen Sherman, 04-CR-104-RB, so that the government might fully advise the Court regarding such cooperation at the time of Mr. Clark's sentencing. By order issued June 1, 2004, this Court granted the motion; vacated the July 9, 2004 sentencing hearing date; and directed the government to file a status report in this case "every 60 days or ten (10) days after the completion of the trial in Sherman, or ten (10) days after a notice of disposition has been filed in Sherman." 4. The government hereby files its status report, and notes that: a. Defendant Jon Clark has continued to fulfill his cooperation obligations to the satisfaction of the government; b. The grand jury has returned an indictment in United States v. Joseph Harold Kiser, 05-CR-278-RB, which case arises from the same alleged circumstances underlying the government's cases against defendants Hume and Sherman, and which is also assigned to this Court. c. Trial in United States v. Joseph Harold Kiser, 05-CR-278-RB was scheduled for September 2006. However, on July 14, 2006, the parties in that case filed a Joint Motion to Vacate and Reset Trial, which is currently pending before this Court. d. On July 18, 2006, the undersigned counsel was advised by counsel for David Sherman that Mr. Sherman had suffered a heart attack and passed away on July 15, 2006.

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5.

The government is currently evaluating the impact of Mr. Sherman's

passing on the government's prosecution in United States v. Joseph Harold Kiser, 05-CR-278-RB, and anticipates that it will complete its evaluation in the near future. 6. Accordingly, the government will continue to file status reports in this case every sixty (60) days or until otherwise directed by this Court. Dated: July19, 2006 Respectfully submitted, W ILLIAM J. LEONE United States Attorney

By: s/Patricia W . Davies PATRICIA W . DAVIES Assistant United States Attorney 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 e-mail: [email protected] Attorney for Government

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CERTIFICATE OF SERVICE I hereby certify that on this 19 th day of July, 2006, I filed the GOVERNMENT'S STATUS REPORT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David Stark, Esq. [email protected]

s/Maggie Grenvik MAGGIE GRENVIK Legal Assistant to Patricia Davies U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0106 Fax: (303) 454-0401 e-mail: [email protected]

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