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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, TX 76102-6882
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)