Free Proposed Voir Dire - District Court of Arizona - Arizona

1 Guttilla & Murphy, PC 2 3 4 5 BURTON M. BENTLEY, P.C. 6 7 8
Burton M. Bentley, Esq. (Bar No 00980) 5343 North 16th Street, Suite 480 Phoenix, Arizona 85016 (602) 861-3055 (602) 861-3230 fax [email protected] Firm No. 00133300 Ryan W. Anderson (No. 020974) 4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795 [email protected]

Attorneys for the Receiver

9 Attorneys for the Rada Defendants 10 11
Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Lawrence J. Warfield, Receiver, Plaintiff, v. Michael Alaniz, et al. Defendants. Cause No. CV 03-2390 PHX JAT ) ) ) JOINT PROPOSED SET OF ) VOIR DIRE QUESTIONS ) ) (Assigned to the Hon. James A. Teilborg) ) )

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JOINT PROPOSED SET OF VOIR DIRE QUESTIONS 19 20 The Receiver and Defendants Leonard and Betty Bestgen, Robert Carroll, Rudy

21 and Mary Crosswell, Charles Davis, Richard Derk, Orville Dale Frazier, Dwight 22 Lankford, John and Candes Rada, Paul Richard, and Patrick and Andrea Wehrly (which 23 24 25 proposed set of voir dire questions pursuant to the Order Setting Final Pretrial
1 26 Conference:

defendants are referred to herein as the "Rada Defendants") respectfully file this

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Defendant Ren Bidwell failed to serve on the Receiver and the Rada Defendants proposed voir dire questions and failed to respond to such questions proposed by the Receiver and the Rada Defendants.
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Case 2:03-cv-02390-JAT

Document 530

Filed 10/02/2006

Page 1 of 9

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I. Mutually-Acceptable Questions Do you understand that the jury-selection process is the sole opportunity that the litigants will have to learn if you have had experiences or have feelings or knowledge that may influence how you view the evidence in this case? Do you understand that the role of the jury is to be the "judge" of the disputed facts in the case? This means that each juror must listen to the evidence admitted in court and decide the relative value of that evidence to resolve the questions that will be presented to the jury at the conclusion of the evidence. Do you understand that this is a civil case? This means that it is a civil dispute rather than a criminal prosecution. Does anyone know what the burden of proof is in a civil case? The party that must prove something to you, as jurors, must do so by a "preponderance of the evidence," which means you must be persuaded by the evidence that the claim or affirmative defense is more probably true than not true. Certain claims in this case require a higher burden of proof, proof by clear and convincing evidence. This burden is still far less than a criminal standard, which is "beyond a reasonable doubt." Is there anyone who would require a party to prove a claim or defense beyond a reasonable doubt? The plaintiff in this case is Larry Warfield, in his capacity as a court-appointed receiver. Are any of you acquainted with Mr. Warfield? This is a suit seeking the recovery of the commissions paid to the sales agents of the Mid America Foundation. Do any of you know anything about the facts of this case through either personal knowledge or the media? There are several defendants in this case. Please listen carefully as I read their names to you: Are any of you acquainted with any of the defendants? Leonard Bestgen of Scottsdale, Arizona Renald J. Bidwell of Olympia, Washington Robert Carroll of Hemet, California Rudy Crosswell of Scottsdale, Arizona Charles Davis of Danvers, Massachusetts Richard Derk of Lakeland, Florida Orville Dale Frazier of Sioux Falls, South Dakota Dwight Lankford of Spring, Texas John Rada of Surprise, Arizona 2
Case 2:03-cv-02390-JAT Document 530 Filed 10/02/2006 Page 2 of 9

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Paul E. Richard of Augusta, Maine Patrick J. Wehrly of Spring, Texas Several witnesses may be called to testify in this case. Please listen carefully as I read their names to you: Are any of you acquainted with any of the witnesses?2 Steven Blacksten of Spannaway, Washington Gary Bright of Tempe, Arizona Robert Carroll of Hemet, California Craig Catterfeld of Antioch, California George Chant III of Mesa, Arizona Craig Culloton of Scottsdale, Arizona Robert R. Dillie of Fountain Hills, Arizona Charles & Helen Fetzer of Williamsburg, Iowa Marshall M. Gandy of Fort Worth, Texas Thomas Grzymala of Keswick, Virginia Mark H. Kuehne of Dallas, Texas Joan L. LaFond of Peabody, Massachusetts Edna M. Lofton of Winthrop Harbor, Illinois Lisa Mayfield of Tucson, Arizona Vincent Micciche of Rochester, New York Frank Minton of Seattle, Washington Walter Mortenson of Sioux Falls, South Dakota Magdalena H. Scheller of Phoenix, Arizona David A. Shafer of Las Vegas, Nevada Louis E. Taylor of Lakeland, Florida
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Including all Defendants listed above, this is a joint master list of the name of every witness who may be called at trial.

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Lawrence J. Warfield of Scottsdale, Arizona Dan Wilson of Scarborough, Maine Have you, or has an immediate family member, invested with or purchased a charitable gift annuity from Mid-America Foundation, Inc. or Mid-America Financial Group, Inc., or anyone representing these entities? a. If yes, did you lose money in connection with such investment?

Have you, anyone close to you, or any member of your family ever worked for, been employed by, or owned stock in Mid-America Foundation, Inc., MidAmerica Financial Group, Inc., or any company known to you to have been owned by Robert Dille? Do any of you recognize the attorneys who are here? The attorneys in this case include Ryan Anderson of Guttilla & Murphy, P.C., for the plaintiff, Mr. Warfield, and Burton Bentley of Burton M. Bentley, P.C., for several of the defendants. Have any of you, anyone close to you, or any member of your family (including spouse, children, step-children, parents, brothers, sisters, children-in-law, brothers- or sisters-in law, or parents-in-law) ever been represented by any of these attorneys? Do you know anyone else on the jury panel? Some of you might say without hearing any evidence that you believe the plaintiff's side is starting off behind because you have strong feelings about folks who file lawsuits. Who feels that way? Have you, has someone close to you, or has any member of your family studied law? Have you, or has any member of your immediate family, ever been a juror in a trial, civil or criminal? a. b. c. If yes, were you the presiding juror? If you were a juror in a civil trial, did the jury reach a verdict? Based on what you've heard about this case, was the civil action in which you served as a juror similar to this case?

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Have you, or has any member of your immediate family, ever been involved as a plaintiff, defendant, or witness in a civil case, or ever attended court for any reason? a. b. If yes, is that civil case still pending? Based on what you've heard about this case, was that civil action similar to this case?

Have you, or has any member of your immediate family, ever sold insurance or held a license to sell insurance? 4
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Case 2:03-cv-02390-JAT

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Have you, or has any member of your immediate family, ever sold securities or annuities or held a license to do so? Have you, or has any member of your immediate family, ever held a job where you were paid by commission? a. If yes, what type of job?

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How many would say you have more knowledge or experience with investments than the average person has? a. b. How did you get that knowledge? What types of investments?

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Other than stocks, bonds or mutual funds, please tell me, very briefly talk about any other types of investments you've made: a. b. c. What kind of business? With someone you knew, or a stranger? What kind of return did you expect, did you get?

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Have you, or has an immediate family member, ever had a bad experience involving an annuity, or have you, or has an immediate family member, lost money in connection with the purchase of a security? This case is about annuity purchases that the Receiver claims were fraudulent. Is there anyone who would say they had such a bad experience with an investment that they would not be able to be fair to either one side or the other because of the bad experience? Is there anyone who would say they had any experience with the Securities and Exchange Commission that they would not be able to be fair to either one side or the other because of the experience? Have you, or has any member of your family, ever had a good or a bad experience involving any other governmental agency? Is there anyone who would say they had any experience with a governmental agency that they would not be able to be fair to either one side or the other because of the experience? Is there anyone who believes that the Securities and Exchange Commission generally tries to shut down legitimate companies? Is there anyone who believes that the Securities and Exchange Commission has a sinister purpose? Have you, or has any member of your immediate family, ever received any letters from the Securities and Exchange Commission asking for information about any investments, including annuities, or persons?

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Is there anyone here who would be uncomfortable with, or who might have difficulty listening to or understanding financial or business information? Have you, or has any member of your immediate family, ever felt taken advantage of in a financial or business matter?

a. Explain the situation? ____ Have you, or has any member of your immediate family, ever lost a job when an 5 34. employer ceased operations because the employer's owners or insiders stole from the employer money needed to continue operations? 6 7 35. 8 9 10 11 38.
Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Do you have any education or experience of any kind in the areas of business, accounting, bookkeeping, finance, investing, or contracts? Are there certain types of lawsuits that you don't favor or believe in? Does anyone believe that they could not follow the law, as instructed by the Judge, if they disagree with the law? In the lawsuit, the Receiver is going to be asking you to enter a judgment against the defendants, because the Receiver contends that the defendants received fraudulent transfers. Is there anyone who thinks they could not enter a judgment against any of the defendants because you feel sorry for any of these individuals? Is there anyone sitting here saying, "I don't think I could be a fair or impartial juror in this case, but he hasn't asked the right kind of question that would cause me to respond?" This case is expected to last at least eight (8) days. Do you have any confirmed vacation plans or other family matters that would conflict with jury service? Is there any matter that you would like to discuss privately that bears on your ability to serve as a juror in this case? Respectfully submitted this October 2, 2006. II. Questions Opposed by Receiver Would you be inclined to find that if a company sold you a product and later defaulted on its promises, then the commission sales agent that sold you the product was liable to you for the sales commission that he received, even if the commission sales agent used reasonable due diligence prior to the sale? Objection: This Question contains undefined legal terms and is therefore misleading as to legal standards that may be at issue in the trial.

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III. Questions Opposed by Rada Defendants Is there anyone here who would not be concerned if you found out that the Securities and Exchange Commission was investigating a company in which you had invested or otherwise transferred money to? 6
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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Objection: No investigation was made by the SEC until the company was shut down while sales were being made. This case is not about the SEC v. Dillie case. Is there anyone here who would not be concerned if they found out that the Securities and Exchange Commission was investigating a company that offered identical investments or annuities to investments that you had made or annuities you had purchased in a different company? Objection: No investigation was made by the SEC until the company was shut down while sales were being made. This case is not about the SEC v. Dillie case. Have you, or has any member of your immediate family, ever invested in a company that was investigated or sued by the Securities and Exchange Commission? Objection: No investigation was made by the SEC until the company was shut down while sales were being made. This case is not about the SEC v. Dillie case. 46. Have you, or has any member of your immediate family, ever been investigated by the Securities and Exchange Commission? Objection: No investigation was made by the SEC until the company was shut down while sales were being made. This case is not about the SEC v. Dillie case. 47. Have you, or has any member of your immediate family, ever worked for a company that was investigated by any federal or state regulatory agency? Objection: No investigation was made by the SEC until the company was shut down while sales were being made. This case is not about the SEC v. Dillie case. 48. The Receiver was appointed by the Court, at the request of the Securities and Exchange Commission, after the Securities and Exchange Commission began investigating the companies and individuals involved in a related lawsuit. The SEC was not investigating the Defendants in this lawsuit. Do any of you have strong feelings about court-appointed receivers that would get in the way of your evaluation of this receiver's claims? Objection: misleading; implies the Defendants were investigated.

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Have you, or has any member of your immediate family, ever purchased an annuity, including a charitable gift annuity? a. If so, are you now receiving payments from that annuity? a more correct statement. Redundant as stated.

Objection:

Have you, or has an immediate family member, ever had a bad experience involving an annuity, or have you, or has an immediate family member, lost money in connection with the purchase of a security? Objection: a more correct statement.

Have you, or has any member of your immediate family, ever been involved in a lawsuit related to an investment? 7
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Case 2:03-cv-02390-JAT

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

a. b. c.

As a plaintiff or a defendant? What kind of investment? What was the outcome? This case is not about a typical investment situation and misleads the

Objection: jury.

Is there anyone who believes that the social security system is a fraudulent pyramid scheme? Objection: no pyramid scheme; meaningless.

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Who believes the statement: "If something sounds too good to be true, it probably is?" Objection: totally irrelevant and meaningless.

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Have you, or has any member of your family, ever been in a situation in which you suffered because of a misunderstanding in an investment or business agreement? a. What were the circumstances? irrelevant as to any "misunderstanding"; is not on point as none are

Objection: alleged

Have you, or has any member of your immediate family, ever been involved in any way with multi-million dollar business dealings? Objection: purchasers. no multi-million dollar dealings here by any Defendants or CGA

Do you read financial or business publications such as the Wall Street Journal, or any of the various investment magazines? Objection: these all relate to persons who might trade securities.

Do you pay close attention to the financial section of the newspaper or watch financial news programs on TV? Objection: these all relate to persons who might trade securities.

Do you manage your own investments closely? Objection: these all relate to persons who might trade securities.

Do you make your own stock trades? Objection: these all relate to persons who might trade securities.

Is there anyone here who thinks that people simply should not file lawsuits? 8

Case 2:03-cv-02390-JAT

Document 530

Filed 10/02/2006

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Objection: without defining "lawsuits" like this one, the question is meaningless. 61. In the lawsuit, the Receiver is going to be asking you to enter a judgment against the defendants, because the Receiver contends that the defendants received commissions without giving reasonably equivalent value in return. Is there anyone who thinks they could not enter a judgment against any of the defendants because you feel sorry for any of these individuals? Objection: not understandable as written. GUTTILLA & MURPHY, PC s/Ryan W. Anderson Ryan W. Anderson, Esq. Attorneys for the Receiver BURTON M. BENTLEY, PC s/Burton M. Bentley Burton M. Bentley Attorney for the Rada Defendants

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CERTIFICATE OF SERVICE On October 2, 2006, a true copy of the foregoing is being served on following persons by First Class Mail: Ren Bidwell 3430 Pacific Ave SE Olympia, WA 98501 Defendant Pro Se Steve A. Bryant Steve Bryant & Associates 3618 Mt. Vernon Street, Suite A Houston, TX 77006 Attorneys for Dwight Lankford By _s/Jeanie Knaack
0758-011(55053)

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