Free Motion for Leave to File - District Court of Colorado - Colorado

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

Document 1392

Filed 10/05/2007

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

The United States of America, by and through Assistant United States Attorneys Wyatt Angelo and Matthew T. Kirsch, files this motion pursuant to REB Cr. Practice Standards V.B.1 and V.B.2, requesting leave to reply to Defendant Norman Schmidt's Response to Government Motion for Order of Forfeiture [# 1375] and to amend its Motion for an Order of Forfeiture [# 1359] as to the other defendants, for the reasons that follow: 1. The government plans to concede defendant Schmidt's argument that he should receive credit for the value of his property already forfeited in the related civil forfeiture cases, 03cv00385-REB-CBS, 03cv00403-REB-CBS, 03cv00749-REBCBS, and 03cv00799-REB-CBS. The government's proposed reply would provide defendant Schmidt and the Court with notice of the revised amount of the forfeiture judgment the government will seek based on this concession, as

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

Document 1392

Filed 10/05/2007

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well as spreadsheets containing calculations supporting that amount. The government's reply will not otherwise address the arguments in defendant Schmidt's response unless the Court directs otherwise. 2. The government also intends to lower the amounts of its requested money judgments against the other three trial defendants by crediting each of them for the value of his property already forfeited in the related civil cases. The government's proposed amended request would provide the other defendants and the Court with notice of the revised amounts of the requested judgments and the calculations supporting those revisions. 3. The undersigned has consulted with counsel for defendant Schmidt, who do not oppose the government's request for leave to reply to his motion. The undersigned has also attempted to consulted with counsel for the remaining defendants via email, but has not yet received responses. The government assumes, however, that they will not oppose this motion because the proposed amendments are favorable to their clients. 4. If the requested relief is granted, the government is prepared to file its reply/amendment by 5:00 p.m. on October 10th. THEREFORE, the government respectfully requests leave to file a reply to Defendant Norman Schmidt's Response to Government Motion for Order of Forfeiture [# 1375] and to amend its Motion for Order of Forfeiture [# 1359] as to the other defendants.

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

Document 1392

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Respectfully submitted this 5th day of October, 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 1392

Filed 10/05/2007

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 5th day of October, 2007, I electronically filed the foregoing GOVERNMENT'S MOTION FOR LEAVE TO REPLY TO DEFENDANT SCHMIDT'S RESPONSE TO MOTION FOR AN ORDER OF FORFEITURE AND TO AMEND ITS MOTION FOR AN ORDER OR 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] Declan J. O'Donnell, Esq. [email protected]

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