U.S. District Court
Northern District of Texas (Fort Worth)
CRIMINAL DOCKET FOR CASE #: 4:03-cr-00188-ALL

Case title:USA v. Simkanin
Othercourtcasenumber(s):None
Magistratejudgecasenumber(s):None /
Date Filed:06/19/03
Assigned to: John McBryde
Referred to:
Defendant(s)
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Richard Michael Simkanin (1) / represented by / Arch C McColl, III
McColl & McColloch
Thanksgiving Tower
1601 Elm St
Suite 2000
Dallas, TX 75201
214/979-0999
Fax : 214/979-0001 FAX
Email:
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts
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Disposition
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26:7202 - WILLFUL FAILURE TO COLLECT/PAY OVER TAX
(1-12)
26:7202 - WILLFUL FAILURE TO COLLECT, ACCOUNT FOR, AND PAY OVER TAXES DUE
(1s-3s)
26:7202 - WILLFUL FAILURE TO COLLECT/PAY OVER TAX
(1ss-12ss)
26:7202 - WILLFUL FAILURE TO COLLECT, ACCOUNT FOR, AND PAY OVER TAXES DUE
(4s)
26:7202 - WILLFUL FAILURE TO COLLECT, ACCOUNT FOR, AND PAY OVER TAXES DUE
(5s-12s)
18:287 - FALSE OR FRAUDULENT CLAIMS AGAINST THE UNITED STATES
(13-27)
18:287 - FALSE CLAIMS AGAINST THE UNITED STATES
(13s-27s)
18:287 & 2 - FALSE OR FRAUDULENT CLAIMS TO THE INTERNAL REVENUE SERVICE
(13ss-27ss)
26:8203 - WILLFUL FAILURE TO FILE RETURN/INFORMATION, ETC.
(28ss-31ss)
Highest Offense Level (Opening)
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Felony
Terminated Counts
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Disposition
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None
Highest Offense Level (Terminated)
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None
Plaintiff
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USA / represented by / David Lee Jarvis
US Attorney's Office
801 Cherry St
Suite 1700
Fort Worth, TX76102-6882
817/252-5200
Fax : 817/978-6381 FAX
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Filing Date
/
#
/
Docket Text
01/21/2004 / 294 / Supplemental to Motion for New Trial by Richard Michael Simkanin as to 293 MOTION for New Trial (mjw, ) (Entered: 01/22/2004)
01/14/2004 / 293 / DFT'S MOTION for New Trial by Richard Michael Simkanin (mjw, ) (Entered: 01/15/2004)
01/13/2004 / 292 / ORDER as to Richard Michael Simkanin : Jury Trial as to Counts 1 and 2 set for 3/8/2004 09:00 AM before John McBryde...deadlines fixed by prior orders of the court in this case remain in effect except that each party shall file exhibit and witness lists by 2:00pm on March 3, 2004...see order for specifics. (Signed by Judge John McBryde on 1/13/04) (mjw, ) (Entered: 01/14/2004)
01/09/2004 / Document Number Reset To 291 (dld, ) (Entered: 01/09/2004)
01/08/2004 / 291 / RESPONSE to Motion by USA as to Richard Michael Simkanin re 270 MOTION to Amend Witness List (dld, ) (Entered: 01/09/2004)
01/08/2004 / 290 / RESPONSE to Motion by USA as to Richard Michael Simkanin re 242 MOTION for Leave to Use Video Tape at Trial (dld, (Entered: 01/09/2004)
01/08/2004 / 289 / ORDER: denying 270 Motion to Amend/Correct as to Richard Michael Simkanin (1); denying 274 Motion for Reconsideration as to Richard Michael Simkanin (1); denying 279 Motion for Acquittal as to Richard Michael Simkanin (1); denying 280 Motion regarding citation for "mistake, negligence, et cetera" as to Richard Michael Simkanin...rulings the court made in open court. (Signed by Judge John McBryde on 1/8/04) (dld, ) (Entered: 01/09/2004)
01/08/2004 / 288 / SEALED DOCUMENT (Entered: 01/09/2004)
01/07/2004 / 287 / SEALED DOCUMENT (Entered: 01/09/2004)
01/07/2004 / 285 / SEALED DOCUMENT (Entered: 01/09/2004)
01/07/2004 / 283 / Scheduling Order for Sentencing as to Richard Michael Simkanin : Presentence Investigation Report due by 3/8/2004. Objections to Presentence Investigation Report due by 3/22/2004. Presentence Investigation Addendum due by 4/5/2004. Objections to Presentence Investigation Addendum due by 4/12/2004. Sentencing set for 4/30/2004 09:00 AM before John McBryde; see order for specifics. (Signed by Judge John McBryde on 1/7/04) (dld, ) (Entered: 01/08/2004)
01/07/2004 / 282 / Minute Entry for proceedings held before Judge John McBryde : Attorney Conference as to Richard Michael Simkanin held on 1/7/04; AUSA jarvis & Atty Arch McColl present (Court Reporter Eileen Brewer.) (dld, ) (Entered: 01/08/2004)
01/07/2004 / 281 / Minute Entry for proceedings held before Judge John McBryde : 3rd Day of Jury Trial as to Richard Michael Simkanin held on 1/7/04; AUSA Jarvis, Deft w/ Retd Atty McColl present; Jury concludes deliberations (Jury Questions filed under seal); Jury verdict rendered (filed under seal); Jury trial ends; Order for PSI, Disclosure and Sentencing dates entered; Sentencing set for 4/03/04 at 9:00 a.m.; Deft continued in custody; Court admitted Govt Exhibits 1-51(black binder); 52-90(black binder); 91-117, 131-134, 136-148 (black binder); 149-152, 158, 172, 173, 176, 180, 181, 182 (black binder); Court ordered jury verdict from under seal; Court accepted the partial verdict of the jury; Court declared a mistrial as to Cts 1 and 2; Deft found guilty as to Cts 3-31 of 2nd Superseding Indictment. (Court Reporter Eileen Brewer.) (dld, ) (Entered: 01/08/2004)
01/07/2004 / 280 / MOTION Regarding Citation for "Mistake, Negligence, Etc" by Richard Michael Simkanin with Memorandum in Support. (dld, ) (Entered: 01/08/2004)
01/07/2004 / 279 / MOTION for jUDGMENT OF Acquittal by Richard Michael Simkanin (dld, ) (Entered: 01/08/2004)
01/07/2004 / 274 / MOTION for Reconsideration & Request for (1)Pattern Jury Instruction Regarding mistake, Ignorance, Negligence or Gross Negligence and (2)Good Faith Instruction Under Cheek V. US, 498 US 192(1991) by Richard Michael Simkanin (pdm, ) (Entered: 01/08/2004)
01/06/2004 / 286 / SEALED DOCUMENT (Entered: 01/09/2004)
01/06/2004 / 284 / Sealed Document (dld, ) (Entered: 01/08/2004)
01/06/2004 / 278 / CHARGE OF THE JURY as to Richard Michael Simkanin. Signed by Judge John McBryde on 1/6/04. (dld, ) (Entered: 01/08/2004)
01/06/2004 / 277 / Minute Entry for proceedings held before Judge John McBryde : 2nd day of Jury Trial as to Richard Michael Simkanin held on 1/6/04. AUSA Jarvis, Deft w/ Retd Atty McColl present; Govt & Deft present evidence; Evidence concluded; Final arguments heard; Court's charge to the jury; Jury deliberating; Court ordered jury questions under seal; Crt adjourned until Wednesday, Jan 7, 2004. (Court Reporter Eileen Brewer.) (dld, ) (Entered: 01/08/2004)
01/06/2004 / Document Number Reset To 271 (dld, ) (Entered: 01/06/2004)
01/05/2004 / 276 / Minute Entry for proceedings held before Judge John McBryde : Docket Call as to Richard Michael Simkanin held on 1/5/04; AUSA Jarvis, Deft w/ Rtd Atty McColl present; Arraignment on superseding indictment of 12/17/03; motion to dismiss denied; witness sworn; 2nd motion to dismiss denied; motion for jury consultant denied; Deft's motion in limine for 2nd trial denied, granted as to "Republic of Texas", denied as to #3; 3rd motion to dismiss 6(f) denied. (Court Reporter Eileen Brewer.) (dld, ) (Entered: 01/08/2004)
01/05/2004 / 275 / Minute Entry for proceedings held before Judge John McBryde : Arraignment on 2nd Superseding Indictment as to Richard Michael Simkanin (1) Count 1ss-12ss,13ss-27ss,28ss-31ss held on 1/5/04; AUSA Jarvis, Deft w/ Retd Atty McColl present; Govt reads Indictment for the record; Deft enters not guilty plea; Trial set Jan 5, 2004 at 9:00 a.m.; Deft continued in custody; (Court Reporter Eileen Brewer.) (dld, ) (Entered: 01/08/2004)
01/05/2004 / 273 / STIPULATION to Govt's Summary Exhibit Showing Sufficient Income to File a Return by Richard Simkanin (pdm, ) (Entered: 01/08/2004)
01/05/2004 / 272 / Minute Entry for proceedings held before Judge John McBryde : Jury Trial as to Richard Michael Simkanin held on 1/5/04. AUSA Jarvis, Ret. Atty. Arch McColl for deft present; jury selected, sworn; court ordered jury roll sealed; trial adjourned til Tuesday, 1/6/03; deft. remanded to custody (Court Reporter Eileen Brewer.) (pdm, ) (Entered: 01/08/2004)
01/05/2004 / 271 / Sealed Document (Entered: 01/06/2004)
01/05/2004 / 270 / MOTION to Amend Witness List by Richard Michael Simkanin (dld, ) (Entered: 01/05/2004)
01/05/2004 / 269 / STIPULATION to Government's Summary Exhibit Sharing Sufficient Income to File a Return (dld, ) (Entered: 01/05/2004)
01/05/2004 / 268 / Requested Jury Instructions by Richard Michael Simkanin (dld, ) (Entered: 01/05/2004)
01/05/2004 / 267 / MOTION to Dismiss the Indictment for Failure to Comply with Rule 6(f) by Richard Michael Simkanin (dld, ) (Entered: 01/05/2004)
01/05/2004 / 266 / MOTION in Limine for Second Trial by Richard Michael Simkanin (dld, ) (Entered: 01/05/2004)
01/05/2004 / 265 / MOTION to Dismiss the Indictment Because of Improper Delegation by Congress to the Internal Revenue Service by Richard Michael Simkanin (dld, ) (Entered: 01/05/2004)
01/05/2004 / 264 / RESPONSE to Motion by Richard Michael Simkanin re 249 MOTION in Limine (dld, ) (Entered: 01/05/2004)
01/05/2004 / 263 / MOTION for Jury Consultant to Sit at Counsel's Table During Jury Selection by Richard Michael Simkanin (dld, ) (Entered: 01/05/2004)
12/31/2003 / 262 / Minute Entry for proceedings held before Judge John McBryde : Telephone Conference as to Richard Michael Simkanin held on 12/31/03; AUSA David Jarvis, Richard Roper & Atty Arch McColl participating; Govt's motion for leave to file reply out of time is granted; Deft's motion for leave to file supp is denied; Deft's motion for leave to use videotape is denied as to video itself, Crt will consider after deft testifies whether to allow use of transcript; witnesses to be here at 8:30 a.m.; Govt's second motion in limine is granted; Deft's motion to amend witness list is granted in part to add Stadtmider as character witness and is otherwise denied; no information from juror lists or info disclosed in court will be disclosed to anyone; motion for leave to file motion for continuance is granted; motion for continuance is denied; Deft will not offer any exhibits without first approaching bench; Govt's motion for pretrial evidentiary hearing granted- heard during telephone/conf hearing. (Court Reporter Eileen Brewer.) (dld, ) (Entered: 01/05/2004)
12/31/2003 / 261 / MOTION for Leave to File Motion to Dismiss Superceding Indictment by Richard Michael Simkanin (dld, ) (Entered: 01/05/2004)
12/31/2003 / 260 / RESPONSE to Motion by USA as to Richard Michael Simkanin re 248 MOTION for Leave to File Motion for Continuance of Trial (dld, ) (Entered: 01/05/2004)
12/31/2003 / 259 / RESPONSE to 258 Motion for Continuance by USA as to Richard Michael Simkanin (dld, ) (Entered: 01/05/2004)
12/31/2003 / 258 / MOTION for Continuance of Trial by Richard Michael Simkanin (dld, ) (Entered: 12/31/2003)
12/31/2003 / 257 / ORDER granting 248 Motion for Leave to File as to Richard Michael Simkanin (1) (Signed by Judge John McBryde on 12/31/03) (dld, ) (Entered: 12/31/2003)
12/31/2003 / 256 / First Amended EXHIBIT LIST by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/31/2003)
12/31/2003 / 255 / Proposed Supplemental Voir Dire Questions by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/31/2003)
12/31/2003 / 254 / TRIAL MEMORANDUM NO. 2 Concerning the Admissibility of Evidence to Show the True Motive of the Defendant as Relevant Evidence of "Wilfulness" as to Richard Michael Simkanin filed by USA (dld, ) (Entered: 12/31/2003)
12/31/2003 / 253 / Proposed Jury Instructions No.6 by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/31/2003)
12/31/2003 / 252 / Proposed Jury Instructions No. 5 by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/31/2003)
12/31/2003 / 251 / Proposed Jury Instructions No. 4 by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/31/2003)
12/31/2003 / 250 / REPLY to Defendant's Response to Government's First Memorandum as to Richard Michael Simkanin by USA (dld, ) (Entered: 12/31/2003)
12/31/2003 / 249 / Second MOTION in Limine by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/31/2003)
12/31/2003 / 248 / MOTION for Leave to File Motion for Continuance of Trial by Richard Michael Simkanin (dld, ) (Entered: 12/31/2003)
12/30/2003 / 247 / MOTION to Reply Out of Time by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/30/2003)
12/30/2003 / 246 / REQUESTED Jury Security Measures by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/30/2003)
12/30/2003 / 245 / MOTION for a Pretrial Evidentiary Hearing Based Upon the Defendant's Witness and Exhibit List by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/30/2003)
12/24/2003 / 244 / MOTION to File Supplement to Defendant's Response to Government's Supplemental Memorandum on December 31, 2003 by Richard Michael Simkanin (dld, ) (Entered: 12/30/2003)
12/24/2003 / 243 / MOTION for Leave to File Supplement to Defendant's Response to Government's Supplemental Memorandum on December 31, 2003 by Richard Michael Simkanin (dld, ) (Entered: 12/30/2003)
12/24/2003 / 242 / MOTION for Leave to Use Video Tape at Trial by Richard Michael Simkanin (dld, ) (Entered: 12/30/2003)
12/24/2003 / 241 / MOTION to Use Video Tape Relied on by the Defendant by Richard Michael Simkanin (dld, ) (Entered: 12/30/2003)
12/24/2003 / 240 / MOTION for Leave to Amend Witness List by Richard Michael Simkanin (dld, ) (Entered: 12/30/2003)
12/24/2003 / 239 / ORDER as to Richard Michael Simkanin : The court ORDERS that by 2:00pm on December 29, 2003, United States of America file a reply to the response of defendant, RICHARD MICHAEL SIMKANIN, to the government's memorandum. (Signed by Judge John McBryde on December 24, 2003) (jmb, ) (Entered: 12/24/2003)
12/23/2003 / 238 / RESPONSE by Richard Michael Simkanin to 213 Government's Memorandum (wrb, ) (Entered: 12/24/2003)
12/23/2003 / 237 / ORDER denying 218 Motion to Amend/Correct as to Richard Michael Simkanin (1) (Signed by Judge John McBryde on 12/23/03) (wrb, ) (Entered: 12/24/2003)
12/22/2003 / 236 / WITNESS LIST by Richard Michael Simkanin (dld, ) (Entered: 12/23/2003)
12/22/2003 / 235 / EXHIBIT LIST by Richard Michael Simkanin (dld, ) (Entered: 12/23/2003)
12/22/2003 / 234 / WITNESS LIST by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/22/2003)
12/22/2003 / 233 / EXHIBIT LIST by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/22/2003)
12/22/2003 / 232 / ORDER as to Richard Michael Simkanin : so that the parties will be aware of a communication the court has received relative to this action, the court is attaching to this order as an exhibit a copy of a letter dated December 15, 2003, from Frederick K Smart III, and the attachments to such letter, the court received December 19, 2003. (Signed by Judge John McBryde on 12/22/03) (dld, ) (Entered: 12/22/2003)
12/22/2003 / 231 / TRANSCRIPT of Proceedings as to Richard Michael Simkanin held on November 25, 2003; Volume 2 Trial Transcript before Judge John McBryde. Court Reporter: Eileen Brewer. (csw, ) (Entered: 12/22/2003)
12/22/2003 / 230 / TRANSCRIPT of Proceedings as to Richard Michael Simkanin held on November 24, 2003; Volume 1 Trial Transcript before Judge John McBryde. Court Reporter: Eileen Brewer. (csw, ) (Entered: 12/22/2003)
12/19/2003 / 229 / ORDER as to Richard Michael Simkanin : so that the parties will be aware of a communication the court has received relative to this action, the court is attaching to this order as an exhibit a copy of an updated letter signed on behalf of "Rose Lear" the court received December 19, 2003. (Signed by Judge John McBryde on 12/19/03) (dld, ) (Entered: 12/22/2003)
12/19/2003 / 228 / ORDER as to Richard Michael Simkanin : so that the parties will be aware of a communication the court has received relative to this action, the court is attaching to this order as an exhibit a memorandum regarding a telephone call the court received December 19, 2003. (Signed by Judge John McBryde on 12/19/03) (dld, ) (Entered: 12/22/2003)
12/19/2003 / 227 / ORDER as to Richard Michael Simkanin : So that parties will be aware of communication court has received relative to the action, court is attaching to this order as an exhibit a copy of an email transmission received by the court on 12/18/03, which appears to be text of a 12/11/03 letter sent by someone to USCA 5 (Signed by Judge John McBryde on 12/19/03) (pdm, ) (Entered: 12/19/2003)
12/19/2003 / 226 / ORDER as to Richard Michael Simkanin : So that parties will be aware of communication court has received relative to the action, court is attaching to this order as an exhibit a copy of a letter dated 12/16/03 singed "David Nagy," the court received 12/18/03 (Signed by Judge John McBryde on 12/19/03) (pdm, ) (Entered: 12/19/2003)
12/19/2003 / 225 / ORDER as to Richard Michael Simkanin : So that parties will be aware of communication court has received relative to the action, court is attaching to this order as an exhibit a copy of a letter dated 12/15/03 singed "Rose Lear," the court received 12/18/03, and a copy of material that came with the letter (Signed by Judge John McBryde on 12/19/03) (pdm, ) (Entered: 12/19/2003)
12/19/2003 / 223 / Supplemental REPLY by USA to the Court's Order to Provide a Brief on Defendant's Duty to Withhold and Truthfully Pay Over (dld, ) (Entered: 12/19/2003)
12/18/2003 / 224 / RESPONSE to Motion by USA as to Richard Michael Simkanin re 218 MOTION to Modify Terms of Pretrial Release... (pdm, ) (Entered: 12/19/2003)
12/18/2003 / 222 / ORDER: 219 Motion to Continue as to Richard Michael Simkanin isdenied without prejudice to the right of deft to file by 2:00 p.m. on Dec 22, 2003, a further motion for continuance due to the additional charges in the superseding indictment. (Signed by Judge John McBryde on 12/18/03) (dld, ) (Entered: 12/19/2003)
12/17/2003 / 221 / SUPERSEDING INDICTMENT as to Richard Michael Simkanin (1) count(s) 1ss-12ss, 13ss-27ss, 28ss-31ss. (pdm, ) (Entered: 12/19/2003)
12/17/2003 / 220 / ORDER as to Richard Michael Simkanin : So that parties are aware of communication court received relative to this action, court is attaching to this order as an exhibit a memo regarding a phone call the court received 12/17/03 (Signed by Judge John McBryde on 12/17/03) (pdm, ) (Entered: 12/18/2003)
12/16/2003 / 218 / MOTION to Modify Terms of Pre-Trial Release Based on Bond Hearing Testimony of Agent Under Fictitious Name by Richard Michael Simkanin (dld, ) (Entered: 12/17/2003)
12/16/2003 / 217 / REPLY to 168 MOTION to Continue by USA as to Richard Michael Simkanin (dld, ) (Entered: 12/17/2003)
12/15/2003 / 219 / MOTION for Continuance by Richard Michael Simkanin (dld, ) (Entered: 12/17/2003)
12/15/2003 / 216 / ORDER as to Richard Michael Simkanin : so that the parties will be aware of a communication the court has received relative to this action, the court is attaching to this order as an exhibit a memorandum regarding a telephone call the court received December 12, 2003. (Signed by Judge John McBryde on 12/15/03) (dld, ) (Entered: 12/17/2003)
12/15/2003 / 215 / Minute Entry for proceedings held before Judge John McBryde : Telephone Conference as to Richard Michael Simkanin held on 12/15/03; AUSA Jarvis & Deft's Atty mcColl attending; discussion of order requiring brief; 2pm Friday to file Brief; 2pm Tues Dec 23 to file response. (Court Reporter E Brewer.) (dld, ) (Entered: 12/16/2003)
12/15/2003 / 214 / ORDER as to Richard Michael Simkanin : Memorandum required by the court's Dec 1, 2003 Order due by 2:00 p.m. on 12/19/200; deft granted leave to file by 2:00 p.m. on Dec 23, 2003, his response, if any, to the Memorandum. (Signed by Judge John McBryde on 12/15/03) (dld, ) (Entered: 12/16/2003)
12/12/2003 / 213 / Govt's BRIEF on Defendant's Duty to Withhold and Truthfully Pay over as to Richard Michael Simkanin : (dld, ) (Entered: 12/16/2003)
12/11/2003 / 212 / ORDER as to Richard Michael Simkanin : so that the parties will be aware of a communicazation the clerk of this court has received relative to this action, the court is attaching to this order as an exhibit a letter from D.C. Wornock, dated December 8, 2003, which the court received December 10, 2003. (Signed by Judge John McBryde on 12/11/03) (dld, ) (Entered: 12/12/2003)
12/05/2003 / 211 / ORDER denying 194 Motion to Dismiss as to Richard Michael Simkanin (1); denying 195 Motion to Dismiss as to Richard Michael Simkanin (1) (Signed by Judge John McBryde on 12/5/2003) (dld, ) (Entered: 12/08/2003)
12/05/2003 / 210 / GOVT'S RESPONSE to Motion by USA as to Richard Michael Simkanin re 194 MOTION to Dismiss cOUNTS 13-27 (mjw, ) (Entered: 12/08/2003)
12/05/2003 / 209 / GOVT'S RESPONSE to Motion by USA as to Richard Michael Simkanin re 195 MOTION to Dismiss (mjw, ) (Entered: 12/08/2003)
12/04/2003 / 208 / Minute Entry for proceedings held before Judge John McBryde : Telephone Conference as to Richard Michael Simkanin held on 12/4/03. Ct informed attys of a telephone call one of the jurors in the first trial made to the court expressing concern over contact by "Republic of Texas" people with jurors after the trial. Ct requested attys to submit memos to be filed in the papers of the case on ways to prevent potential improper influence on the jurors in the next trial. Mr Jarvis stated on the record the evidence he agreed not to go into during the next trial. Mr Jarvis will file a superseding indictment, by Dec 17, 2003, with misdemeanor allegations that dft failed to file individual tax returns. If dft files a motion for continuance after receiving the superseding indictment, the USA has 1 day in which to respond. AUSA Jarvis and McColl present. (Court Reporter Eileen Brewer.) (mjw, ) (Entered: 12/05/2003)
12/04/2003 / 207 / ORDER as to Richard Michael Simkanin : Telephone Conference RE-set for 12/4/200301:30 PM before John McBryde. (Signed by Judge John McBryde on 12/4/03) (mjw, ) (Entered: 12/05/2003)
12/03/2003 / 206 / ORDER as to Richard Michael Simkanin : Telephone Conference set for 12/4/2003 11:00 AM before John McBryde. (Signed by Judge John McBryde on 12/3/03) (mjw, ) (Entered: 12/04/2003)
12/01/2003 / 205 / ORDER...the attys representing the govt and dft in the above case shall not make any argument or statement to, or in the presence of, any member of the jury, that would have a tendency, or be calculated, to inform any member of the jury that is to serve in the trial of the case that the members of the jury are not obligated to follow in their deliberations and in reaching a verdict instructions given by the court to the jury....the parties and the attys involved and every on action on behalf, or at the behest, of any of them, refrain from taking any action that would have a tendency, or be calculated, to cause any member of the jury that is to serve in the trial of the case to be informed that the members of the jury are not obligated to follow in their deliberations and in reaching a verdict instructions given by the court to the jury as to Richard Michael Simkanin : (Signed by Judge John McBryde on 12/1/03) (mjw, ) (Entered: 12/03/2003)