Free Motion for Acquittal - District Court of Colorado - Colorado

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

Document 1265

Filed 06/08/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v. 6. MICHAEL SMITH, Defendant.

SUPPLEMENT TO MOTION FOR A JUDGMENT OF ACQUITTAL

Comes now Defendant Michael Smith through his attorney Declan J. O'Donnell and supplements his Motion for Judgment of Acquittal by adding paragraphs c, f, and g of Jury Instruction #32 which were inadvertently omitted from the motion and which reads as follows: c. That, between March 2000 and March of 2002, the states of Illinois, Nebraska, and Iowa had ordered some or all of the following defendants to entities to cease and desist the same or similar investment promotion activities as alleged in the Indictment: namely, Norman Schmidt; George Alan Weed; the Reserve Foundation Trust, and; Smitty's Investments; f. That many investors associated with the Reserve Foundation Trust and the Reserve Foundation, LLC, were unable to recover their monies invested or their purported earnings; and

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

Document 1265

Filed 06/08/2007

Page 2 of 3

g. That investor funds had not been used or traded in the manner represented to current and prospective investors; Dated: June 8, 2007 Respectfully submitted,

s/ Declan J. O'Donnell Declan J. O'Donnell Declan Joseph O'Donnell, PC 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected] Attorney for Defendant Michael Smith

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

Document 1265

Filed 06/08/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on June 8, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Matthew T. Kirsch, AUSA Wyatt Angelo, AUSA Peter Bornstein, Esq. [email protected]

[email protected] [email protected]

Thomas Hammond, Esq. [email protected] Daniel T. Smith, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Ron Gainor, Esq. [email protected]

Mitchell Baker, Esq. [email protected] Richard K. Kornfeld, Esq. [email protected]

s/ Declan J. O'Donnell Declan J. O'Donnell Declan Joseph O'Donnell, PC 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected] Attorney for Defendant Michael Smith