Free Reply to Response - District Court of Colorado - Colorado

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

Document 1442

Filed 12/20/2007

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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. 2. 4. 6. NORMAN SCHMIDT, GEORGE ALAN WEED, CHARLES LEWIS, and MICHAEL SMITH, Defendants.

GOVERNMENT'S REPLY TO DEFENDANT SCHMIDT'S RESPONSE TO MOTION FOR AN ORDER OF FORFEITURE AND AMENDMENT TO ITS MOTION FOR AN ORDER OF FORFEITURE AS TO THE OTHER DEFENDANTS

The United States of America (the government), by and through Assistant United States Attorneys Wyatt Angelo and Matthew T. Kirsch, files this reply to Defendant Norman Schmidt's Response to Government Motion for Order of Forfeiture [# 1375] and amendment to its Motion for an Order of Forfeiture [# 1359] as to the other defendants, with leave of the Court. See Min. Ord. [# 1439]. In support, the government says: 1. The government concedes that defendant Schmidt should receive credit for the value of his property already forfeited in the related civil forfeiture cases, 03cv00385-REB-CBS, 03cv00403-REB-CBS, 03cv00749-REB-CBS, and 03cv00799-REB-CBS. The total value of the defendant Schmidt's property which was forfeited in those cases is $17,426.077.70. The government is therefore requesting an Order of Forfeiture in the form of an in personam

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

Document 1442

Filed 12/20/2007

Page 2 of 4

judgment against defendant Schmidt in the amount of $38,414,988.49. This represents $55,841,066.19, the gross proceeds of the offenses of conviction, in the form of investor deposits attributable to defendant Schmidt, minus $17,426.077.70, the value of defendant Schmidt's previously forfeited property. Spreadsheets supporting this calculation are attached as Exhibit 1. 2. The government also amends its requests for an Order of Forfeiture in the form of in personam judgments against the other defendants by requesting that the Order of Forfeiture be based on a similar calculation­subtracting the value of the other defendants' property already forfeited in case numbers 03cv00385-REBCBS, 03cv00403-REB-CBS, 03cv00749-REB-CBS, and 03cv00799-REB-CBS from the other defendants' gross proceeds of their offenses of conviction. For defendant Weed, the amended requested judgment is in the amount of $27,192,777.27. Spreadsheets supporting this calculation are attached as Exhibit 2. For defendant Lewis, the amended requested judgment is in the amount of $33,097,895.12. Spreadsheets supporting this calculation are attached as Exhibit 3. For defendant Smith, the amended requested judgment is in the amount of $24,855,770.05. Spreadsheets supporting this calculation are attached as Exhibit 4. THEREFORE, the government respectfully requests that the Court enter an Order of Forfeiture in the form of in personam judgments against the defendants in the following amounts: Norman Schmidt - $38,414,988.49; George Alan Weed $27,192,777.27; Charles Lewis - $33,097,895.12; Michael Smith - $24,855,770.05.

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

Document 1442

Filed 12/20/2007

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Respectfully submitted this 20th day of December, 2007, TROY A. EID United States Attorney

s/ Matthew T. Kirsch WYATT ANGELO MATTHEW T. KIRSCH Assistant U.S. Attorneys 1225 17th Street, Suite 700 Denver, CO 80202 Telephone 303-454-0100 Facsimile 303-454-0402 email: [email protected] [email protected] Attorneys for the Government

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

Document 1442

Filed 12/20/2007

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 20th day of December, 2007, I electronically filed the foregoing GOVERNMENT'S REPLY TO DEFENDANT SCHMIDT'S RESPONSE TO MOTION FOR AN ORDER OF FORFEITURE AND AMENDMENT TO ITS MOTION FOR AN ORDER OF FORFEITURE AS TO THE OTHER DEFENDANTS 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] Ronald Gainor, Esq. [email protected]

Richard N. Stuckey, Esq. [email protected] Thomas Goodreid, Esq. [email protected]

and I hereby certify that I have mailed the document or paper to the following participants: United States Probation Office (mail) 1929 Stout Street, Suite C-120 Denver, CO 80294-0101

s/ Matthew T. Kirsch MATTHEW T. KIRSCH U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone 303-454-0100 Facsimile 303-454-0402 E-mail [email protected] Attorney for the Government

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