Us Attorney Northern District of Texas Dallas Texas - DOC

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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
Other court case number(s): None               Date Filed: 06/19/03
Magistrate judge case number(s): None



Assigned to: John McBryde
Referred to:

Defendant(s)
-----------------------
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: attys@mcmclaw.com
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED
                                                  Designation: Retained


Pending Counts                                  Disposition
----------------------                          ----------------
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)
---------------------------------------
Felony


Terminated Counts                                             Disposition
-----------------------------                                 ----------------
None


Highest Offense Level
(Terminated)
--------------------------------------------
None




Plaintiff
-------------------
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
             #                                Docket Text
Date

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 12/4/2003 01:30 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)

12/01/2003   204   SCHEDULING ORDER as to Richard Michael Simkanin : Jury
                   Trial set for 1/5/2004 09:00 AM before John McBryde...all
                   deadlines fixed by orders previously signed in this case remain in
                   effect except as follows: each party file that party's exhibit and
                   witness lists by 2:00pm on Monday, Dec 22, 2003..should dft
                   wish to enter a plea of guilty on the basis of a plea agreement, the
                   proceeding with reference thereto must be scheduled to be
                   conducted no later than the morning of Dec 19, 2003, and
                   arrangements for the scheduling of the plea must be finalized by
                   3:00pm, on Dec 18, 2003, otherwise the case will proceed to trial
                   at 9:00am on Jan 5, 2004...by 2:00pm on Dec 15, 2003, the govt
                   file a memorandum (see order for specifics)...if Simkanin wishes
                   to respond to the memorandum the govt is required by the
                   preceding part of this order to file, he file his response by 2:00pm
                   on Dec 19, 2003...by 2:00pm on Dec 5, 2003 the govt file its
                   response to the documents dft filed Nov 25, 2003, bearing the
                   titles "Defendant's Motion to Dismiss Counts 1-12 of the
                   Indictment for Failing to Charge an Offense with Incorporated
                   Memorandum of Law" and "Defendant's Motion to Dismiss
                   Counts 13 through 27 for Lack of Jurisdiction," respectively.
                   (Signed by Judge John McBryde on 12/1/03) (mjw, ) (Entered:
                   12/03/2003)

12/01/2003   203   ORDER...so that the parties will be aware of a communication
                   the court has rec'd relative to the action, the court is attaching to
                   this order as an exhibit an item the court rec'd by facsimile
                   transmission the morning of Nov 26, 2003, bearing the title
                   "Employer Simkanin Prosecution Ends in Mistrial" as to Richard
                   Michael Simkanin : (Signed by Judge John McBryde on 12/1/03)
                   (mjw, ) (Entered: 12/03/2003)

11/25/2003   202   Jury Notes as to Richard Michael Simkanin (dld, ) (Entered:
                   12/02/2003)

11/25/2003   201   Minute Entry for proceedings held before Judge John McBryde :
                   2nd day of Jury Trial as to Richard Michael Simkanin held on
                   11/25/2003; AUSA Jarvis, Deft w/ Retd Atty Arch McColl
                   present; trial ends; jury deliberates; Jury questions filed; Crt
                   declared a mistrial, trial to be set at a later date; returned to all
                   parties at the conclusion of trial; (Court Reporter Eileen Brewer.)
                   (dld, ) (Entered: 12/02/2003)
11/26/2003   200   ORDER denying 179 Motion for Leave to File as to Richard
                   Michael Simkanin (1); denying 186 Motion for FBI 302's and
                   Jencks Material as to Richard Michael Simkanin (1); denying
                   193 Motion for Acquittal as to Richard Michael Simkanin (1)
                   (Signed by Judge John McBryde on 11/26/03) (mjw, ) (Entered:
                   11/26/2003)

11/25/2003   195   DFT'S MOTION to Dismiss Counts 1-12 of the Indictment for
                   failing to cahrge an offense with Memorandum of Law by
                   Richard Michael Simkanin (mjw, ) (Entered: 11/26/2003)

11/25/2003   194   DFT'S MOTION to Dismiss Counts 13-27 for lack of
                   jurisdiction by Richard Michael Simkanin (mjw, ) (Entered:
                   11/26/2003)

11/25/2003   193   MOTION for Judgment of Acquittal by Richard Michael
                   Simkanin (mjw, ) (Entered: 11/26/2003)

11/24/2003   199   Jury Roll as to Richard Michael Simkanin (mjw, ) (Entered:
                   11/26/2003)

11/24/2003   198   Jury Charge as to Richard Michael Simkanin. Signed by Judge
                   John McBryde on 11/24/03. (mjw, ) (Entered: 11/26/2003)

11/24/2003   197   Minute Entry for proceedings held before Judge John McBryde :
                   1st Day of Jury Trial as to Richard Michael Simkanin held on
                   11/24/03., Voir Dire begun on 11/24/03 as to Richard Michael
                   Simkanin (1) on Count 1s-3s,4s,5s-12s,13s-27s. Jury selected.
                   Jury sworn. Jury trial held. Govt and dft evidence presented.
                   Evidence concluded. Final arguments. Court's charge to jury.
                   Custody continued. Adjourned until Nov 25, 2003 at 8:30am.
                   (Court Reporter Eileen Brewer.) (mjw, ) (Entered: 11/26/2003)

11/24/2003   196   Minute Entry for proceedings held before Judge John McBryde :
                   AUSA Jarvis and McColl present.Docket Call as to Richard
                   Michael Simkanin held on 11/24/03. Allen McGown-agent
                   present. Dft present. Witnesses sworn. Dft withdraws Selgas as
                   witness. (Court Reporter Eileen Brewer.) (mjw, ) (Entered:
                   11/26/2003)

11/24/2003   191   Govt's Proposed Requested Questions for Voir Dire as to
                   Richard Michael Simkanin : (mjw, ) Modified on 11/25/2003
                   (mjw, ). (Entered: 11/25/2003)

11/24/2003   190   GOVT'S PROPOSED Supplemental Jury Instructions No 2 by
                   USA as to 135 Proposed Jury Instructions (mjw, ) (Entered:
                   11/25/2003)

11/24/2003   189   GOVT'S PROPOSED Supplemental Jury Instructions No 1 by
                   USA as to 135 Proposed Jury Instructions (mjw, ) (Entered:
                   11/25/2003)

11/24/2003   188   DFT'S WITNESS LIST by Richard Michael Simkanin (mjw, )
                   (Entered: 11/25/2003)

11/24/2003   187   DFT'S EXHIBIT LIST by Richard Michael Simkanin (mjw, )
                   (Entered: 11/25/2003)

11/24/2003   186   DFT'S MOTION for FBI 302's and Jencks Material to be proved
                   prior to jury selection by Richard Michael Simkanin (mjw, )
                   (Entered: 11/25/2003)

11/24/2003   185   DFT'S Supplemental OBJECTIONS AND REQUESTED
                   INSTRUCTIONS by Richard Michael Simkanin as to 167
                   Remark (mjw, ) (Entered: 11/25/2003)

11/24/2003   184   GOVT'S PROPOSED Supplemental Document by USA as to
                   153 Proposed Jury Instructions No 3 (mjw, ) (Entered:
                   11/25/2003)

11/21/2003   192   Minute Entry for proceedings held before Judge John McBryde :
                   AUSA Jarvis and Arch McColl present.Motion Hearing as to
                   Richard Michael Simkanin held on 11/21/03 re 161 MOTION to
                   Reopen Rule 11 Inquiry filed by USA, 173 MOTION in Limine
                   filed by USA. Dft present, Ct Ex 1 proposed charge. (Court
                   Reporter Eileen Brewer.) (mjw, ) (Entered: 11/25/2003)

11/21/2003   183   ORDER granting 165 Motion for Leave to File motion to
                   dismiss...the clerk is to file dft's motion to dismiss as to Richard
                   Michael Simkanin (1); denying 181 Motion to Dismiss counts
                   13-27 for failure to state an offense as to Richard Michael
                   Simkanin (1) (Signed by Judge John McBryde on 11/21/03)
                   (mjw, ) (Entered: 11/24/2003)

11/21/2003   182   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 181 MOTION to Dismiss counts 13-27 for failure to
                   state an offense Cheek v. US 498, 192, 111 S.Ct. 604 (1991)
                   (mjw, ) (Entered: 11/24/2003)

11/21/2003   181   DFT'S MOTION to Dismiss Counts 13-27 for failure to state
                   offense Cheek v. US 498, 192, 111 S Ct 604 (1991) by Richard
                   Michael Simkanin (mjw, ) (Entered: 11/24/2003)
11/21/2003   180   DFT'S RESPONSE to Motion by Richard Michael Simkanin re
                   173 MOTION in Limine (mjw, ) (Entered: 11/24/2003)

11/21/2003   179   DFT'S MOTION for Leave to File Motion of Additional
                   Requested Jury Instruction by Richard Michael Simkanin (mjw, )
                   (Entered: 11/24/2003)

11/21/2003   178   GOVT'S TRIAL MEMORANDUM NO 1 DFT MUST FIRST
                   LAY PROPER PREDICATE AND SHOW THAT DFT
                   ACTUALLY RELIED ON EXPERT ADVICE PRIOR TO
                   BEING ALLOWED TO OFFER SUCH EXPERT TESTIMONY
                   as to Richard Michael Simkanin : (mjw, ) (Entered: 11/24/2003)

11/21/2003   177   GOVT'S REPLY TO DFT'S OBJECTIONS TO THE GOVTS
                   PROPOSED JURY INSTRUCTIONS as to Richard Michael
                   Simkanin : (mjw, ) (Entered: 11/24/2003)

11/21/2003   176   GOVT'S REPLY by USA as to Richard Michael Simkanin re
                   166 Proposed Jury Instructions -authorities and dft's submission
                   of requested jury instructions (mjw, ) (Entered: 11/24/2003)

11/21/2003   175   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 165 MOTION for Leave to File Motion to Dismiss
                   Counts 13-27 for failure to state offense Cheek v. US 498, 192,
                   111 Ct 604 (1991) (mjw, ) (Entered: 11/24/2003)

11/21/2003   174   ORDER denying 168 Motion to Continue as to Richard Michael
                   Simkanin (1) (Signed by Judge John McBryde on 11/21/2003)
                   (dld, ) (Entered: 11/21/2003)

11/20/2003   173   MOTION in Limine Concerning the Defendant's Offer of
                   Confusing and Irrelevant Evidence On Issue of Defendant's State
                   of Mindby USA as to Richard Michael Simkanin (dld, )
                   (Entered: 11/21/2003)

11/20/2003   172   RESPONSE to Motion by USA as to Richard Michael Simkanin
                   re 168 MOTION to Continue (dld, ) (Entered: 11/21/2003)

11/20/2003         Set/Reset Deadlines for govt to file an expedited response as to
                   Richard Michael Simkanin : on the following items: dft's motion
                   for 2-week continuance of trial, dft's proposed jury instructions-
                   authorities, dft's objections to govt's porposed jury instructions,
                   dft's motion for leave to file motion to dismiss counts 13-27 for
                   failure to state offense Cheek v. US 498, 192, 111 S Ct 604
                   (1991) and dft's motion to dismiss counts 13-27 for failure to
                   state offense Cheek v. US 498, 192, 111 S Ct 604 (1991)
                   [proposed for filing but not filed] Responses due by 11:00am on
                   11/21/2003 (mjw, ) (Entered: 11/20/2003)

11/20/2003   171   ORDER...by 11:00am on Nov 21, 2003 the govt file an
                   expedited response to each of the following items: Dft's motion
                   for 2-seek continuance of trial, Dft's proposed jury instructions-
                   authorities, Dft's objections to govt's proposed jury instructions,
                   Dft's motion for leave to file motion to dismiss counts 13-27 for
                   failure to state offense Cheek v. US 498, 192, 111 S Ct 604
                   (1991) and Dft's motion to dismiss counts 13-27 for failure to
                   state offense Cheek v. US 498, 192, 111 S Ct 604 (1991)
                   [proposed for filing but not filed] as to Richard Michael
                   Simkanin : that there be a hearing for the court to consider any
                   matters that need to be considered in advance of trial...counsel
                   for each party and dft be present at the hearing. Motion Hearing
                   set for 11/21/2003 02:30 PM before John McBryde. (Signed by
                   Judge John McBryde on 11/20/03) (mjw, ) (Entered: 11/20/2003)

11/19/2003   170   GOVT'S WITNESS LIST by USA as to Richard Michael
                   Simkanin (mjw, ) (Entered: 11/20/2003)

11/19/2003   169   GOVT'S EXHIBIT LIST by USA as to Richard Michael
                   Simkanin (mjw, ) (Entered: 11/20/2003)

11/19/2003   168   DFT'S MOTION for 2-week Continuance of trial by Richard
                   Michael Simkanin (mjw, ) (Entered: 11/20/2003)

11/19/2003   167   DFT'S OBJECTIONS TO GOVT'S PROPOSED JURY
                   INSTRUCTIONS as to Richard Michael Simkanin : (mjw, )
                   (Entered: 11/20/2003)

11/19/2003   166   DFT'S Proposed Jury Instructions by Richard Michael Simkanin
                   (mjw, ) (Entered: 11/20/2003)

11/19/2003   165   DFT'S MOTION for Leave to File Motion to Dismiss Counts 13-
                   27 for failure to state offense Cheek v. US 498, 192, 111 Ct 604
                   (1991) by Richard Michael Simkanin (mjw, ) (Entered:
                   11/20/2003)

11/18/2003   164   ORDER...so that the parties to this action will be aware of a
                   communication the court has rec'd relative to this action, the
                   court is attaching to this order as an exhibit an item the court
                   rec'd in the mail on the date of the signing of this order in an
                   envelope bearing a return address of "Walter Allen, Thompson."
                   as to Richard Michael Simkanin : (Signed by Judge John
                   McBryde on 11/18/03) (mjw, ) (Entered: 11/19/2003)
11/18/2003   163   TRANSCRIPT of Proceedings as to Richard Michael Simkanin
                   held on Sept 26, 2003 1:33pm before Judge McBryde. Court
                   Reporter: Eileen Brewer. Telephone conference. (mjw, )
                   (Entered: 11/19/2003)

10/28/2003         Set/Reset Hearings as to Richard Michael Simkanin : Jury Trial
                   set for 11/24/2003 09:00 AM before John McBryde. (mjw, )
                   (Entered: 10/30/2003)

10/28/2003   162   ORDER...the plea of guilty Simkanin entered Sept 30, 2003, to
                   Count 4 of the superseding indictment is Set Aside and of no
                   force or effect...the adjudication of guilt of Simkanin of the
                   offense charged by Count 4 of the superseding indictment, as
                   stated on the record of the Sept 30, 2003, rearraignment hearing
                   is Set Aside and of not force or effect...the plea agreement
                   between Simkanin and USA, which shows to have been agreed
                   to and signed Swpt 29, 2003, and which was filed with the
                   papers in this case on Sept 30, 2003 is Rejected...this case is set
                   for jury trial at 9:00am on Nov 24, 2003, at which time and date
                   Simkanin, counsel, and all witnesses will be present in the Fourth
                   Floor Courtroom, US Courthouse, Ft Worth, Tx...all previously
                   fixed by orders of the fourt remain in effect, except as follows:
                   that the paragraph 10 of the scheduling order the court signed
                   August 12, 2003 is amended to read as follows: 10. The court has
                   determined that the interest of justice and orderly proceedings
                   would best be served if a deadline were to be fixed for
                   presentation to the court of a plea agreement by dft in the above
                   captioned action. Therefore, should dft wish to enter a plea of
                   guilty on the basis of a plea agreement, the proceeding with
                   reference thereto must be scheduled to be conducted no later than
                   the morning of Nov 17, 2003, and arrangements for the
                   scheduling of the plea be finalized by 3:00pm on Nov 12, 2003;
                   otherwise the case will proceed to trial at 9:00am on Nov 24,
                   2003... as to Richard Michael Simkanin : (Signed by Judge John
                   McBryde on 10/28/03) (mjw, ) (Entered: 10/30/2003)

10/24/2003   161   GOVT'S MOTION to Reopen Rule 11 Inquiry by USA as to
                   Richard Michael Simkanin (mjw, ) (Entered: 10/27/2003)

10/10/2003   160   ORDER...on Oct 9, 2003, the court rec'd a letter from Peter
                   Hellerman...it is attached to this order so that the parties will be
                   apprised of this communication with the court as to Richard
                   Michael Simkanin : (Signed by Judge John McBryde on
                   10/10/03) (mjw, ) (Entered: 10/10/2003)

09/30/2003   159   Factual Resume as to Richard Michael Simkanin (mjw, )
                   (Entered: 10/01/2003)
09/30/2003   158   PLEA AGREEMENT as to Richard Michael Simkanin (mjw, )
                   (Entered: 10/01/2003)

09/30/2003   157   Minute Entry for proceedings held before Judge John McBryde :
                   AUSA Jarvis and Arch McColl (R) present. Rearraignment
                   Hearing as to Richard Michael Simkanin held on 9/30/03., Plea
                   entered by Richard Michael Simkanin (1) Guilty Count 4s.,
                   Set/Reset Hearings as to Richard Michael Simkanin : Sentencing
                   set for 1/2/2004 09:00 AM before John McBryde. Dft sworn.
                   NSG. Defense waived reading of indictment. Court defers
                   acceptance of Plea agreement. Plea agreement filed. Factual
                   resume filed. Dft adjudged guilty as to Count 4. PSI due
                   11/10/03. Presentence referral form to McColl. Custody
                   continued. Ct exhibit 1 admitted.(Court Reporter Eileen Brewer.)
                   (mjw, ) (Entered: 10/01/2003)

09/30/2003   156   Sentencing Scheduling Order as to Richard Michael Simkanin :
                   Presentence Investigation Report due by 11/10/2003. Objections
                   to Presentence Investigation Report due by 11/24/2003.
                   Presentence Investigation Addendum due by 12/8/2003.
                   Objections to Presentence Investigation Addendum due by
                   12/15/2003. Sentencing set for 1/2/2004 09:00 AM before John
                   McBryde. (Signed by Judge John McBryde on 9/30/03) (mjw, )
                   (Entered: 10/01/2003)

09/29/2003   155   ORDER as to Richard Michael Simkanin : Rearraignment set for
                   9/30/2003 10:00 AM before John McBryde. (Signed by Judge
                   John McBryde on 9/29/03) (dld, ) (Entered: 09/30/2003)

09/29/2003   153   GOVT'S Proposed Jury Instructions by USA as to Richard
                   Michael Simkanin (mjw, ) (Entered: 09/30/2003)

09/26/2003   154   ORDER as to Richard Michael Simkanin : consistent w/ court's
                   instructions during telephone conference held 9/26/03: USA file
                   proposed charge by 2:00 p.m. 9/29/03; deft file objections to
                   proposed charge and its proposed charge by 2:00 p.m. 9/30/03;
                   USA file response to objections by 2:00 p.m. 10/1/03; parties file
                   a brief by 2:00 p.m. on 9/30/03, and parties file response to those
                   briefs by 2:00 p.m. 10/1/03. (Signed by Judge John McBryde on
                   9/26/03) (dld, ) (Entered: 09/30/2003)

09/26/2003   152   Minute Entry for proceedings held before Judge John McBryde :
                   Telephone Conference as to Richard Michael Simkanin held on
                   9/26/03. Ct ordered dft to file his objections and his proposed
                   charge by 2:00pm on Sept 30, 2003. Ct ordered the parties to file
                   briefs consistent with the court's instructions by 2:00pm on Sept
                   30, 2003, and a response by 2:00pm on Oct 1, 2003. Attys
                   present were AUSA Roper/Jarvis and Arch McColl. (Court
                   Reporter Eileen Brewer.) (mjw, ) (Entered: 09/30/2003)

09/26/2003   151   Memorandum Of Points and Authorities in Support re 150
                   Motion to Quash Indictment and Motion to Dismiss for Want of
                   Personal and Subject Matter Jurisdiction by Richard Michael
                   Simkanin (dld, ) (Entered: 09/29/2003)

09/26/2003   150   MOTION No 14 to Quash Indictment and Motion to Dismiss for
                   Want of Personal and Subject Matter Jurisdiction by Richard
                   Michael Simkanin with BRIEF. (dld, ) (Entered: 09/29/2003)

09/26/2003   149   MOTION No 13 to Dismiss the Indictment for Failure to State an
                   Offense; for Vagueness; for Lack of Notice; and for Failure to
                   Publish the Employee's Form 1040 in the Federal Register by
                   Richard Michael Simkanin with BRIEF. (dld, ) (Entered:
                   09/29/2003)

09/26/2003   148   MOTION No 12 to Strike Surplusage to Avoid Undue
                   Consumption of Time Explaining Things Not in the Core Counts
                   of 1 Through 12 of the Indictment by Richard Michael Simkanin
                   with BRIEF. (dld, ) (Entered: 09/29/2003)

09/26/2003   147   MOTION No 11 in Limine Regarding Improper Political and
                   Pecuniary Statements by Richard Michael Simkanin with
                   BRIEF. (dld, ) (Entered: 09/29/2003)

09/26/2003   146   MOTION No 10 to Exclude Employees of the Government from
                   the Jury Panel for Cause, Motion for Voir Dire by Richard
                   Michael Simkanin with BRIEF. (dld, ) (Entered: 09/29/2003)

09/26/2003   145   MOTION No 9 to Dismiss Indictment Due to Selective
                   Prosecution, or in the Alternative, for Evidentiary Hearing and
                   Discovery, or in the Alternative, for In Camera Review by
                   Richard Michael Simkanin with BRIEF. (dld, ) (Entered:
                   09/29/2003)

09/26/2003   144   Motion No. 5 for 2-Page Jury Questionnaire with 12 Questions
                   by the Court to Save Time in a Controversial Case and
                   Memorandum of Authorities by Richard Michael Simkanin with
                   BRIEF. (dld, ) (Entered: 09/29/2003)

09/26/2003   142   ORDER granting 117 Motion for Leave to File motion number 1
                   as to Richard Michael Simkanin (1); granting 118 Motion for
                   Leave to File motion number 5 as to Richard Michael Simkanin
                   (1); granting 121 Motion for Leave to File motion number 12 as
                   to Richard Michael Simkanin (1); granting 122 Motion for Leave
                   to File motion number 13 as to Richard Michael Simkanin (1);
                   granting 123 Motion for Leave to File motion number 14 as to
                   Richard Michael Simkanin (1); granting 126 Motion for Leave to
                   File motion number 9 as to Richard Michael Simkanin (1); and
                   the all motions granted to file are denied; (Signed by Judge John
                   McBryde on 9/26/03) (dld, ) (Entered: 09/29/2003)

09/26/2003   141   AMENDED AGREED CHARGE TO THE COURT by USA as
                   to Richard Michael Simkanin (mjw, ) (Entered: 09/29/2003)

09/26/2003   140   Agreed ORDER - Rule 16 Discovery Part I as to Richard
                   Michael Simkanin : re: Govt to produce (Signed by Judge John
                   McBryde on 9/26/03) (dld, ) (Entered: 09/26/2003)

09/26/2003   139   Agreed ORDER - Rule 16 Discovery Part I as to Richard
                   Michael Simkanin : re: Govt to produce (Signed by Judge John
                   McBryde on 9/26/03) (dld, ) (Entered: 09/26/2003)

09/26/2003   138   Agreed ORDER - Limine 404(b) Evidence as to Richard Michael
                   Simkanin : re: govt to direct govt witnesses not to mention,
                   alludeto, or refer to, any extrinsic acts, prior convictions, alleged
                   violations of law or other crimes, wrongs or acts committed by
                   deft (Signed by Judge John McBryde on 9/26/03) (dld, )
                   (Entered: 09/26/2003)

09/26/2003   137   Agreed ORDER - Electronic Surveillance as to Richard Michael
                   Simkanin : re: order for govt to affirm or deny existence of
                   electronic or mechanical surveillance, tape, video, etc (Signed by
                   Judge John McBryde on 9/26/03) (dld, ) (Entered: 09/26/2003)

09/26/2003   136   Agreed ORDER - Fed Rule EV 404(b) as to Richard Michael
                   Simkanin : parties acknowledge that Govt will produce in writing
                   notice of any evidence it intends to introduce of other crimes,
                   wrongs or acts of misconduct pursuant to the amendment to Rule
                   404(b) w/ sufficient notice to defend against this 404(b)
                   accusation; (Signed by Judge John McBryde on 9/26/03) (dld, )
                   (Entered: 09/26/2003)

09/25/2003   135   GOVT'S Proposed Jury Instructions by USA as to Richard
                   Michael Simkanin (mjw, ) (Entered: 09/26/2003)

09/24/2003   134   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 123 MOTION for Leave to File Motion No 14 and
                   memorandum to quash indictment and motion to dismiss for
                   want of personal and subject matter jurisdiction (mjw, ) (Entered:
                   09/25/2003)

09/24/2003   133   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 122 MOTION for Leave to File Motion No 13 and
                   Brief and contained therein to dismiss the indictment for failure
                   to state an offense; for vagueness; for lack of notice; and for
                   failure to publish the employee's Form 1040 in the federal
                   register (mjw, ) (Entered: 09/25/2003)

09/24/2003   132   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 121 MOTION for Leave to File Motion No 12 and
                   brief and contained therein to strike surplusage to avoid undue
                   consumption of time explaining things not in the core counts of 1
                   through 12 of the indictment (mjw, ) (Entered: 09/25/2003)

09/24/2003   131   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 120 MOTION for Leave to File Motion No 11 and
                   Brief and contained therein in limine regarding improper
                   political and pecuniary statements (mjw, ) (Entered: 09/25/2003)

09/24/2003   130   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 119 MOTION for Leave to File Motion No 10 and
                   Brief and contained therein to exclude employees of the govt
                   from the jury panel for cause, motion for voir dire (mjw, )
                   (Entered: 09/25/2003)

09/24/2003   129   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 126 MOTION for Leave to File Motion No 9 and
                   Brief and contained therein to dismiss indictment due to selective
                   prosecution, or in the laternative, for evidentiary hearing and
                   discovery or in the alternative for in camera review (mjw, )
                   (Entered: 09/25/2003)

09/24/2003   128   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 118 MOTION for Leave to File Motion No 5 and
                   Brief contained therein for 2-page jury questionnaire with 12
                   questions by the court to same time in a controversial case (mjw,
                   ) (Entered: 09/25/2003)

09/24/2003   127   GOVT'S RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 117 MOTION for Leave to File Motion No 1 and
                   Brief in Support and Contained therein-for 12 Questions by the
                   Court (mjw, ) (Entered: 09/25/2003)

09/18/2003   126   Dft's MOTION for Leave to File Motion No 9 and Brief and
                   contained therein to dismiss indictment due to selective
                   prosecution, or in the laternative, for evidentiary hearing and
                   discovery or in the alternative for in camera review by Richard
                   Michael Simkanin (mjw, ) (Entered: 09/22/2003)

09/18/2003   125   RULE 16 REQUESTS FOR DISCLOSURE AND
                   INSPECTION OF DOCUMENTS--PART II as to Richard
                   Michael Simkanin : (mjw, ) (Entered: 09/19/2003)

09/18/2003   124   VERIFICATION OF SERVICE OF RULE 16 REQUEST FOR
                   PRODUCTION AND RESULTS as to Richard Michael
                   Simkanin : (mjw, ) (Entered: 09/19/2003)

09/18/2003   123   DFT'S MOTION for Leave to File Motion No 14 and
                   memorandum to quash indictment and motion to dismiss for
                   want of personal and subject matter jurisdiction by Richard
                   Michael Simkanin (mjw, ) (Entered: 09/19/2003)

09/18/2003   122   DFT'S MOTION for Leave to File Motion No 13 and Brief and
                   contained therein to dismiss the indictment for failure to state an
                   offense; for vagueness; for lack of notice; and for failure to
                   publish the employee's Form 1040 in the federal register by
                   Richard Michael Simkanin (mjw, ) (Entered: 09/19/2003)

09/18/2003   121   DFT'S MOTION for Leave to File Motion No 12 and brief and
                   contained therein to strike surplusage to avoid undue
                   consumption of time explaining things not in the core counts of 1
                   through 12 of the indictment by Richard Michael Simkanin
                   (mjw, ) (Entered: 09/19/2003)

09/18/2003   120   DFT'S MOTION for Leave to File Motion No 11 and Brief and
                   contained therein in limine regarding improper political and
                   pecuniary statements by Richard Michael Simkanin (mjw, )
                   (Entered: 09/19/2003)

09/18/2003   119   DFT'S MOTION for Leave to File Motion No 10 and Brief and
                   contained therein to exclude employees of the govt from the jury
                   panel for cause, motion for voir dire by Richard Michael
                   Simkanin (mjw, ) (Entered: 09/19/2003)

09/18/2003   118   DFT'S MOTION for Leave to File Motion No 5 and Brief
                   contained therein for 2-page jury questionnaire with 12 questions
                   by the court to same time in a controversial case by Richard
                   Michael Simkanin with Memorandum in Support. (mjw, )
                   (Entered: 09/19/2003)

09/18/2003   117   DFT'S MOTION for Leave to File Motion No 1 and Brief in
                   Support and Contained therein-for 12 Questions by the Court to
                   Prospective Jurors on Voir Dire Examination in the event the
                   Court denies motion No 5 for questionnaire to jury by Richard
                   Michael Simkanin with Brief in Support. (mjw, ) (Entered:
                   09/19/2003)

09/08/2003   116   ORDER striking 114 Motion to Dismiss as to Richard Michael
                   Simkanin (1); striking 114 Motion to Quash and to dismiss and
                   Memorandum in support thereof as to Richard Michael Simkanin
                   (1) (Signed by Judge John McBryde on 9/8/03) (mjw, ) (Entered:
                   09/10/2003)

09/08/2003   115   STRICKEN PER ORDER 9/8/03...Memorandum in Support re
                   114 MOTION to Dismiss MOTION to Quash by Richard
                   Michael Simkanin (mjw, ) Modified on 9/10/2003 (mjw, ).
                   (Entered: 09/10/2003)

09/08/2003   114   STRICKEN PER ORDER 9/8/03...Dft's MOTION No 17 to
                   Quash Indictment and to Dismiss for want of personal and
                   subject matter jurisdiction by Richard Michael Simkanin (mjw, )
                   Modified on 9/10/2003 (mjw, ). (Entered: 09/10/2003)

09/08/2003   113   ORDER striking 106 Motion to Compel as to Richard Michael
                   Simkanin (1) (Signed by Judge John McBryde on 9/8/03) (mjw, )
                   (Entered: 09/10/2003)

09/08/2003   112   ORDER granting 101 Motion for Leave to File motion to dismiss
                   as to Richard Michael Simkanin (1) USA's response due by
                   4:30pm on 9/9/2003. (Signed by Judge John McBryde on 9/8/03)
                   (mjw, ) (Entered: 09/10/2003)

09/08/2003   111   Govt's RESPONSE to Motion by USA as to Richard Michael
                   Simkanin re 101 MOTION for Leave to File Motion to Dismiss
                   for Lack of Subject Matter and Personal Jurisdiction (mjw, )
                   (Entered: 09/09/2003)

09/05/2003   110   ORDER denying 102 Motion to change conditions of release of
                   bond as to Richard Michael Simkanin (1) (Signed by Judge John
                   McBryde on 9/5/03) (mjw, ) (Entered: 09/09/2003)

09/05/2003   109   ORDER denying 99 Motion to Modify Conditions of Release as
                   to Richard Michael Simkanin (1) (Signed by Judge John
                   McBryde on 9/5/03) (mjw, ) (Entered: 09/09/2003)

09/05/2003   108   ORDER...USA file a response to motion for leave to file motion
                   to dismiss as to Richard Michael Simkanin : Responses due by
                   2:00pm on 9/10/2003 (Signed by Judge John McBryde on
                   9/5/03) (mjw, ) (Entered: 09/09/2003)

09/05/2003   106   STRICKEN PER ORDER 9/8/03...DFT'S MOTION NO 19 to
                   Compel Discovery and to hold this Motion to compel in
                   Abeyance pending the refiling of dft's pretrial motions by
                   Richard Michael Simkanin with Brief. (mjw, ) Modified on
                   9/10/2003 (mjw, ). (Entered: 09/08/2003)

09/04/2003   107   ORDER denying as moot 100 Motion for Leave to File as to
                   Richard Michael Simkanin (1) (Signed by Judge John McBryde
                   on 9/4/03) (mjw, ) (Entered: 09/09/2003)

09/04/2003   105   ORDER...USA file an expedited response to motion to modify
                   conditions of release as to Richard Michael Simkanin :
                   Responses due by 4:30pm on 9/5/2003 (Signed by Judge John
                   McBryde on 9/4/03) (mjw, ) (Entered: 09/05/2003)

09/04/2003   104   Govt's NOTICE of Intent to Use Video & Audio Recordings as
                   to Richard Michael Simkanin by USA (mjw, ) (Entered:
                   09/05/2003)

09/04/2003   103   Govt's Opposition by USA as to Richard Michael Simkanin re 99
                   MOTION to Modify Conditions of Release (mjw, ) (Entered:
                   09/05/2003)

09/04/2003   102   Dft's Supplement MOTION No 15 to Change Conditions of
                   Bond by Richard Michael Simkanin (mjw, ) (Entered:
                   09/05/2003)

09/04/2003   101   Dft's MOTION No 16 for Leave to File Motion to Dismiss for
                   Lack of Subject Matter and Personal Jurisdiction by Richard
                   Michael Simkanin (mjw, ) (Entered: 09/05/2003)

09/03/2003   100   Dft's Unopposed MOTION for Leave to File Pretrial motions
                   one day late by Richard Michael Simkanin (mjw, ) (Entered:
                   09/04/2003)

09/03/2003    99   Dft's MOTION No 14 to Modify Conditions of Release by
                   allowing Ave J Halfway House with electronic monitor by
                   Richard Michael Simkanin (mjw, ) (Entered: 09/04/2003)

09/03/2003    98   Dft's NOTICE OF USE OF VIDEO TAPE as to Richard Michael
                   Simkanin (mjw, ) (Entered: 09/03/2003)

08/27/2003    97   ORDER...the court is amending the dates contained in
                  paragraphs 12 through 15 of the scheduling order signed on
                  August 12, 2003, so that those paragraphs, as amended, read as
                  follows: 12. Counsel for United States of America deliver to
                  counsel for defendant by September 22, 2003, a copy of her
                  proposed court's charge to the jury. 13. Counsel for defendant
                  deliver to counsel for United States of America by September 24,
                  2003, (i) a statement, prepared with specificity, of any objection
                  his client has to any part of the proposed charge counsel for
                  United States of America has delivered pursuant to paragraph (a)
                  above, and (ii) the text of all additional instructions his client
                  wishes to have included in the court's charge to the jury. Each
                  such objection and each such additional instruction shall be
                  accompanied by citations of authorities supporting defendant's
                  objection or request. 14. At 9:00am on September 25, 2003, the
                  lead attorneys for the parties to this action shall meet face-to-face
                  in the office of the United States Attorney in Fort Worth, Texas,
                  for the purposes of (i) discussing, and trying to resolve,
                  differences between the parties as to language to be included in
                  the court's charge to the jury and (ii) identifying areas of
                  disagreement that cannot be resolved. Such meeting shall be held
                  for a sufficient length of time for there to be a meaningful
                  discussion of all areas of disagreement and a meaningful attempt
                  to accomplish agreement. Each attorney shall cooperate fully in
                  all matters related to such a meeting. 15. By 2:00pm on
                  September 25, 2003, counsel for United States of America shall
                  furnish to the court, in a single document, a proposed court's
                  charge to the jury, which shall contain, in logical sequence, all
                  language to be included in the charge about which the parties do
                  not have disagreement and all language either party wishes to
                  have included in the charge about which there is disagreement.
                  All language of the proposed charge about which there is
                  disagreement shall be (i) in bold face, (ii) preceded by an
                  indication of the identity of the party requesting the language,
                  and (iii) followed by a listing of citations of authorities in favor
                  of and in opposition to the proposed language. United States of
                  America shall also furnish to the court a computer disk
                  containing the proposed charge and the indictment. In all other
                  respects, the scheduling order the court signed on August 12,
                  2003, remains in full force and effect as to Richard Michael
                  Simkanin : (Signed by Judge John McBryde on 8/27/03) (mjw, )
                  (Entered: 08/29/2003)

08/13/2003   96   SUPERSEDING INDICTMENT as to Richard Michael
                  Simkanin (1) count(s) 1s-12s, 13s-27s. (geb, ) (Entered:
                  08/15/2003)

08/13/2003   94   ORDER granting 93 Motion for new order on accuracy of
                  transcripts as to Richard Michael Simkanin (1); see order for
                  specifics (Signed by Judge John McBryde on 8/12/03) (dld, )
                  (Entered: 08/13/2003)

08/12/2003        Reset Scheduling Order Deadlines as to Richard Michael
                  Simkanin : Jury Trial set for 10/6/2003 09:00 AM before John
                  McBryde. Motions due by 9/2/2003; see order for specifics; (dld,
                  ) (Entered: 08/13/2003)

08/12/2003   95   ORDER granting 92 Motion for new scheduling order as to
                  Richard Michael Simkanin (1) (Signed by Judge John McBryde
                  on 8/12/03) (dld, ) (Entered: 08/13/2003)

08/12/2003   93   Agreed MOTION for New Order on Accuracy of Transcripts by
                  USA, Richard Michael Simkanin as to Richard Michael
                  Simkanin (pdm, ) (Entered: 08/12/2003)

08/12/2003   92   Agreed MOTION for New Scheduling Order by USA, Richard
                  Michael Simkanin as to Richard Michael Simkanin (pdm, )
                  (Entered: 08/12/2003)

08/08/2003   91   ORDER granting 90 Motion to Continue Trial as to Richard
                  Michael Simkanin (1) Jury Trial set for 10/6/2003 09:00 AM
                  before John McBryde; see order for specifics; (Signed by Judge
                  John McBryde on 8/8/03) (dld, ) (Entered: 08/11/2003)

08/07/2003   90   Unopposed MOTION # 5 to Continue Trial Date by Richard
                  Michael Simkanin (pdm, ) (Entered: 08/08/2003)

07/31/2003   89   ORDER...Counsel for USA deliver to counsel for dft by August
                  18, 2003, a copy of her proposed court's charge to jury. Counsel
                  for dft deliver to counsel for USA by August 20, 2003 a
                  statement of any objection his client has to any part of the
                  proposed charge. At 9:00am on August 21, 2003, lead attys meet
                  face-to-face in the office of the US Atty. By 2:00pm on August
                  21, 2003, counsel for USA shall furnish to the court a proposed
                  court's charge to the jury. as to Richard Michael Simkanin :
                  (Signed by Judge John McBryde on 7/31/03) (mjw, ) (Entered:
                  08/01/2003)

07/31/2003   88   ORDER...by 2:00pm on Aug 14, 2003, dft reimburse the govt in
                  the total amount of $4,645.04 by making payment of this amount
                  to the Clerk of this court in her Ft Worth office as to Richard
                  Michael Simkanin : (Signed by Judge John McBryde on 7/31/03)
                  (mjw, ) (Entered: 08/01/2003)
07/30/2003   87   ORDER...that items 1-30, set forth in this order, are stricken and
                  the Clerk un-file said items...thatn"Dft's Motion No 28 for Two
                  Day Extension of Time to File Pretrial Motions is denied...
                  striking 69 Motion as to Richard Michael Simkanin (1); striking
                  70 Motion as to Richard Michael Simkanin (1); striking 71
                  Motion to Dismiss as to Richard Michael Simkanin (1); striking
                  71 Motion for Hearing as to Richard Michael Simkanin (1);
                  striking 72 Motion to Dismiss as to Richard Michael Simkanin
                  (1); striking 72 Motion as to Richard Michael Simkanin (1);
                  striking 73 Motion for Disclosure as to Richard Michael
                  Simkanin (1); striking 74 Motion for Disclosure as to Richard
                  Michael Simkanin (1); striking 75 Motion for Disclosure as to
                  Richard Michael Simkanin (1); striking 76 Motion for Disclosure
                  as to Richard Michael Simkanin (1); striking 77 Motion as to
                  Richard Michael Simkanin (1); striking 79 Motion as to Richard
                  Michael Simkanin (1); striking 82 Motion for Leave to File as to
                  Richard Michael Simkanin (1); denying 83 Motion for Extension
                  of Time as to Richard Michael Simkanin (1)...see order for
                  specifics. (Signed by Judge John McBryde on 7/30/03) (mjw, )
                  (Entered: 08/01/2003)

07/30/2003   86   CJA 24 as to Richard Michael Simkanin : Authorization to Pay
                  Ruben Gonzalez Jr $ 277.05 for Transcript, Voucher #
                  030730000002. (Signed by Judge John McBryde on 7/29/03)
                  (mjw, ) (Entered: 07/31/2003)

07/30/2003   85   Minute Entry for proceedings held before Judge John McBryde :
                  AUSA Jarvis and Arch McCall present.Telephone Conference as
                  to Richard Michael Simkanin held on 7/30/03. Ct ordered the
                  motions that dft filed on 7/28/03 stricken and un-filed. (Court
                  Reporter Eileen Brewer.) (mjw, ) (Entered: 07/31/2003)

07/30/2003   84   CJA 20 as to Richard Michael Simkanin : Authorization to Pay
                  Ruben Gonzalez Jr. Amount: $ 4,367.99, Voucher #
                  030731000010. (Signed by Judge John McBryde on 7/30/03)
                  (mjw, ) (Entered: 07/31/2003)

07/30/2003   83   DFT'S MOTION NO 28 for Two Day Extension of Time to File
                  Pre-Trial Motions by Richard Michael Simkanin (mjw, )
                  (Entered: 07/31/2003)

07/30/2003   82   UNFILED PER ORDER 7/30/03... MOTION for Leave to File
                  Motion to Dismiss Indictment for failure to state all the elements
                  of the offense and for lack of underlying law giving rise to the
                  duty for one citizen to collect the taxes of another citizen by
                  Richard Michael Simkanin with Brief in Support. (mjw, )
                  (Entered: 07/31/2003)
07/29/2003   81   TRANSCRIPT of Proceedings as to Richard Michael Simkanin
                  held on July 9, 2003 Telephone Conference before Judge John
                  McBryde. Court Reporter: Eileen Brewer (19 pgs). (csw, )
                  (Entered: 07/30/2003)

07/28/2003   80   ORDER denying 64 Motion for Extension of Time as to Richard
                  Michael Simkanin (1) (Signed by Judge John McBryde on
                  7/28/03) (mjw, ) (Entered: 07/30/2003)

07/28/2003   79   UNFILED PER ORDER 7/30/03...DFT'S NO 25 MOTION to
                  Allow Preliminary Opening Statements to the Entire Jury Panel
                  Before Jury Selection Begins by Richard Michael Simkanin
                  (mjw, ) Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003)

07/28/2003   78   UNFILED PER ORDER 7/30/03...DFT'S NO 24 MOTION in
                  Limine Regarding Improper Political and Pecuniary Statements
                  by Richard Michael Simkanin (mjw, ) Modified on 7/31/2003
                  (mjw, ). (Entered: 07/29/2003)

07/28/2003   77   UNFILED PER ORDER 7/30/03...DFT'S NO 23 MOTION to
                  Exclude Employees of the Govt from the Jury Panel for Cause
                  and for Voir Dire by Richard Michael Simkanin (mjw, )
                  Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003)

07/28/2003   76   UNFILED PER ORDER 7/30/03..DFT'S NO 22 MOTION for
                  Disclosure of Affidavits Requesting Wire Tap Authorization and
                  Other Surveillance by Richard Michael Simkanin (mjw, )
                  Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003)

07/28/2003   75   UNFILED PER ORDER 7/30/03...DFT'S NO 21 MOTION for
                  Disclosure of Exculpatory Computer Evidence by Richard
                  Michael Simkanin (mjw, ) Modified on 7/31/2003 (mjw, ).
                  (Entered: 07/29/2003)

07/28/2003   74   UNFILED PER ORDER 7/30/03...DFT'S NO 20 MOTION for
                  Disclosure of Informants by Richard Michael Simkanin (mjw, )
                  Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003)

07/28/2003   73   UNFILED PER ORDER 7/30/03...DFT'S NO 19 MOTION for
                  Disclosure of Exculpatory Evidence Tax Case by Richard
                  Michael Simkanin (mjw, ) Modified on 7/31/2003 (mjw, ).
                  (Entered: 07/29/2003)

07/28/2003   72   UNFILED PER ORDER 7/30/03...DFT'S NO 18 MOTION to
                  Dismiss Indictment, or in the alternative, MOTION to Stay
                  Proceedings for Failure to Comply with 28 USC 1861 ET SEQ
                  by Richard Michael Simkanin (mjw, ) Modified on 7/31/2003
                  (mjw, ). (Entered: 07/29/2003)

07/28/2003   71   UNFILED PER ORDER 7/30/03...Dft's No 17 MOTION to
                  Dismiss Due to Selective Prosecution, or in the alternative,
                  MOTION for Evidentiary Hearing and Discovery, or in the
                  alternative, MOTION For In Camera Review by Richard
                  Michael Simkanin (mjw, ) Modified on 7/31/2003 (mjw, ).
                  (Entered: 07/29/2003)

07/28/2003   70   UNFILED PER ORDER...Dft's No 16A MOTION for Bill of
                  Particulars by Richard Michael Simkanin with Brief in Support.
                  (mjw, ) Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003)

07/28/2003   69   UNFILED PER ORDER 7/30/03...No 16 MOTION For Bill of
                  Particulars by Richard Michael Simkanin (mjw, ) Modified on
                  7/31/2003 (mjw, ). (Entered: 07/29/2003)

07/28/2003   68   UNFILED PER ORDER 7/30/03...DFT'S LIST OF PRE-TRIAL
                  MOTIONS as to Richard Michael Simkanin : (mjw, ) Modified
                  on 7/31/2003 (mjw, ). (Entered: 07/29/2003)

07/28/2003   67   Memorandum in Support re 64 MOTION for Extension of Time
                  (dld, ) (Entered: 07/28/2003)

07/25/2003   66   RESPONSE to Motion by USA as to Richard Michael Simkanin
                  re 64 MOTION for Extension of Time (dld, ) (Entered:
                  07/28/2003)

07/23/2003   65   ORDER...on July 23, 2003, the undersigned rec'd yet another
                  letter related to the above captioned action. A copy of the letter is
                  attached to this order as an exhibit so that it will be part of the
                  record, and so that the attys will be apprised of this
                  communication with the court as to Richard Michael Simkanin :
                  (Signed by Judge John McBryde on 7/23/03) (mjw, ) (Entered:
                  07/25/2003)

07/23/2003   64   DFT'S AGREED MOTION for Extension of Time for filing
                  pretrial motions and filing notice of intent to use audio
                  recordings, video tape or transcripts to July 31, 2003 by Richard
                  Michael Simkanin (mjw, ) (Entered: 07/24/2003)

07/22/2003   63   ORDER...by 4:30pm on Aug 11, 2003, each party who has given
                  timely notice of intent to use any audio or video recording in this
                  trial shall file with the clerk, and deliver to the other party a list
                  of each recording such party might use...and a transcript in the
                  English language of each part the party might use of each
                  recording...by 4:30pm on Aug 15, 2003, each party shall file with
                  the clerk, and deliver to the other party, an instrument advising of
                  any disagreement the filing party has with the accuracy of any
                  transcript that has been delivered...see order for specifics.... as to
                  Richard Michael Simkanin : (Signed by Judge John McBryde on
                  7/22/03) (mjw, ) (Entered: 07/24/2003)

07/22/2003   62   ORDER...so that dft and his counsel will be aware, a member of
                  the court's staff rec'd an ex parte telephone call from counsel for
                  the govt on July 21, 2003...counsel for both parties are reminded
                  that communications of that kind with members of the court's
                  staff are communications with with court, and are not appropriate
                  as to Richard Michael Simkanin : (Signed by Judge John
                  McBryde on 7/22/03) (mjw, ) (Entered: 07/24/2003)

07/22/2003   61   TRANSCRIPT of Proceedings as to Richard Michael Simkanin
                  held on July 10, 2003 2:03pm before Judge McBryde. Court
                  Reporter: Eileen Brewer. Detention Hearing (mjw, ) (Entered:
                  07/23/2003)

07/21/2003   60   GOVT'S NOTICE OF INTENT TO USE VIDEO & AUDIO
                  RECORDINGS as to Richard Michael Simkanin by USA (mjw, )
                  (Entered: 07/22/2003)

07/21/2003   59   ORDER...on July 21, 2003, the undersigned rec'd yet another
                  letter related to the above captioned action. A copy of the letter is
                  attached to this order as an exhibit so that it will be apprised of
                  this communication with the court as to Richard Michael
                  Simkanin : (Signed by Judge John McBryde on 7/21/03) (mjw, )
                  (Entered: 07/22/2003)

07/21/2003   58   ORDER...in July 21, 2003, the undersigned rec'd a letter related
                  to the above captioned action...a copy of the letter is attached to
                  this order as an exhibit so that it will be part of the record, and so
                  that the attys will be apprised of this communication with the
                  court as to Richard Michael Simkanin : (Signed by Judge John
                  McBryde on 7/21/03) (mjw, ) (Entered: 07/22/2003)

07/17/2003   57   ORDER granting 54 Motion for New Deadline to File Notice of
                  Intent to Use Video of Audio Recording or Transcript...extended
                  as to the govt to file such notice no later than Monday, July 21,
                  2003 as to Richard Michael Simkanin (1) (Signed by Judge John
                  McBryde on 7/17/03) (mjw, ) (Entered: 07/18/2003)

07/17/2003   56   ORDER granting 55 Motion for Extension of Time...the deadline
                  for dft to file pre-trial motions is extended to July 28, 2003 as to
                  Richard Michael Simkanin (1) (Signed by Judge John McBryde
                  on 7/17/03) (mjw, ) (Entered: 07/18/2003)

07/17/2003   55   DFT'S AGREED MOTION NO 2 for Extension of Time To File
                  Pre-Trial Motions by Richard Michael Simkanin with Brief.
                  (mjw, ) (Entered: 07/18/2003)

07/17/2003   54   Govt's MOTION for new deadline to file notice of intent to use
                  video or audio recording or transcript by USA as to Richard
                  Michael Simkanin (mjw, ) (Entered: 07/18/2003)

07/16/2003   53   ORDER...on july 15, 2003, a member of the court's staff rec'd a
                  telephone call in regard to the above captioned action. The court
                  is attaching a copy of a memorandum detailing that telephone
                  call to this orde ran exhibit so that the parties will be apprised of
                  this communication with the court as to Richard Michael
                  Simkanin : (Signed by Judge John McBryde on 7/16/03) (mjw, )
                  (Entered: 07/17/2003)

07/15/2003   52   TRANSCRIPT of Proceedings as to Richard Michael Simkanin
                  held on June 27, 2003 9:28am before Judge McBryde. Court
                  Reporter: Eileen Brewer. Arraignment. (mjw, ) (Entered:
                  07/16/2003)

07/14/2003   51   ORDER...that Simkanin is committed to the custody of Atty
                  Gen, or his designated representative, for confinement in a
                  corrections facility separate, to the extent practicable, from
                  persons awaiting or serving sentences or being held in custody
                  pending appeal; Simkanin be afforded a reasonable opportunity
                  for private consultation with defense counsel; and, on order of a
                  court of the US or on request of an attorney for the Govt, the
                  person in charge of the corrections facility in which Simkanin is
                  confined deliver Simkanin to a US marshal for the purpose of an
                  appearance in connection with a court proceeding as to Richard
                  Michael Simkanin : (Signed by Judge John McBryde on 7/14/03)
                  (mjw, ) (Entered: 07/15/2003)

07/14/2003   50   ORDER...the session scheduled to be held in the above-
                  captioned case at 10:00am on July 15, 2003 is cancelled as to
                  Richard Michael Simkanin : (Signed by Judge John McBryde on
                  7/14/03) (mjw, ) (Entered: 07/15/2003)

07/14/2003   49   GOVT'S BRIEF RELATING TO SUFFICIENCY OF
                  INDICTMENT as to Richard Michael Simkanin : (mjw, )
                  (Entered: 07/15/2003)
07/14/2003   48   MEMORANDUM IN SUPPORT OF RELEASE OF DFT TO
                  HOUSE ARREST WITH ELECTRONIC MONITORING as to
                  Richard Michael Simkanin : (mjw, ) (Entered: 07/15/2003)

07/14/2003   47   GOVT'S SUPPLEMENTAL ARGUMENT RELATING TO
                  GOVT'S REQUEST FOR DISTRICT COURT REVIEW OF
                  MAGISTRATE COURT'S ORDER RELEASING DFT as to
                  Richard Michael Simkanin : (mjw, ) (Entered: 07/15/2003)

07/11/2003   45   ORDER finding as moot 29 Motion to Substitute Attorney
                  Ramon Douglas Coffin for Ruben Gonzales as to Richard
                  Michael Simkanin (1) (Signed by Judge John McBryde on
                  7/11/03) (mjw, ) (Entered: 07/15/2003)

07/11/2003   44   ORDER...the motion of dft to substitute counsel is granted...that
                  Arch McColl III is designated as Simkanin's retained counsel of
                  record...that Simkanin's court-appointed counsel, Ruben
                  Gonzalez is relieved of any further responsibilities as Simkanin's
                  counsel...Simkanin will reimburse the govt for the services
                  provided by Gonzalez...by 10:00am on July 10, 2003, USA and
                  Simkanin, through counsel, file briefs addressing the legal issues
                  to be briefed...the July 10, 2003, hearing is in recess until
                  10:00am on July 15, 2003... as to Richard Michael Simkanin :
                  (Signed by Judge John McBryde on 7/11/03) (mjw, ) Modified
                  on 7/14/2003 (mjw, ). (Entered: 07/14/2003)

07/11/2003   38   TRANSCRIPT of Proceedings as to Richard Michael Simkanin
                  held on July 10, 2003 2:02pm before Judge McBryde. Court
                  Reporter: Eileen Brewer. Closing Remarks. (mjw, ) (Entered:
                  07/14/2003)

07/10/2003   46   Minute Entry for proceedings held before Judge John McBryde :
                  AUSA Jarvis and Gonzalez/McColl/Coffin present. Dft
                  present.Hearing as to Richard Michael Simkanin held on
                  7/10/03. Ct granted verbal motion of dft to substitute counsel.
                  McColl is dft's retain counsel of record. Gonzalez discharged.
                  Dft will reimburse govt for Gonzalez services. Parties annouced
                  ready. Witnesses sworn in. Dft's exhibit 5 admitted. USA's
                  exhibits 1-6 admitted. (Court Reporter Eileen Brewer.) (mjw, )
                  (Entered: 07/15/2003)

07/10/2003   43   NOTICE OF ATTORNEY APPEARANCE by Arch C McColl
                  III appearing for Richard Michael Simkanin (mjw, ) (Entered:
                  07/14/2003)

07/10/2003   41   MOTION to Correct Motion for Leave to File Supplemental
                  Witness and Exhibit List by Richard Michael Simkanin (mjw, )
                  (Entered: 07/14/2003)

07/10/2003   40   MOTION for Leave to File Supplemental Exhibit and Witness
                  List by Richard Michael Simkanin (mjw, ) (Entered: 07/14/2003)

07/10/2003   39   NOTICE OF ATTORNEY APPEARANCE by Arch C McColl
                  III appearing for Richard Michael Simkanin (mjw, ) (Entered:
                  07/14/2003)

07/10/2003   32   ORDER Unfiling Pleading as to as to Richard Michael Simkanin
                  re 30 MOTION for Bill of Particulars due to the following
                  deficiency: does not contain a certificate of conference and is not
                  signed by attorney for defendant. (Signed by Judge John
                  McBryde on 07/07/03) (kjd, ) (Entered: 07/10/2003)

07/09/2003   42   Minute Entry for proceedings held before Judge John McBryde :
                  AUSA Roper and Gonzalez/Coffin present. Dft present on
                  line.Telephone Conference as to Richard Michael Simkanin held
                  on 7/9/03. Ct discussed issues relating to the case, and the
                  hearing to be held on 7/10/03. Ct orderd parties to file witness
                  and exhibit lists by 3:00pm on 7/9/03. (Court Reporter Eileen
                  Brewer.) (mjw, ) (Entered: 07/14/2003)

07/09/2003   37   ORDER...by 3:00pm on July 9, 2003...USA and dft, file a
                  witness list and an exhibit list...see order for specifics... as to
                  Richard Michael Simkanin : (Signed by Judge John McBryde on
                  7/9/03) (mjw, ) (Entered: 07/11/2003)

07/09/2003   36   GOVT'S WITNESS LIST by USA as to Richard Michael
                  Simkanin (mjw, ) (Entered: 07/11/2003)

07/09/2003   35   GOVT'S EXHIBIT LIST by USA as to Richard Michael
                  Simkanin (mjw, ) (Entered: 07/11/2003)

07/09/2003   34   Dft's WITNESS & EXHIBIT LIST by Richard Michael
                  Simkanin (mjw, ) (Entered: 07/11/2003)

07/08/2003   33   MOTION for Short Conference with Presiding Judge by Richard
                  Michael Simkanin (mjw, ) (Entered: 07/10/2003)

07/03/2003   31   Govt's RESPONSE to Motion by USA as to Richard Michael
                  Simkanin re 29 MOTION to Substitute Attorney. Added attorney
                  R Douglas Coffin for Richard Michael Simkanin. Motion Filed
                  (mjw, ) (Entered: 07/08/2003)
07/03/2003   30   [UNFILED per order of 7/07/03] MOTION for Bill of Particulars
                  by Richard Michael Simkanin (mjw, ) Modified on 7/10/2003
                  (kjd, ). Modified on 7/10/2003 (kjd, ). (Entered: 07/08/2003)

07/02/2003   29   Dft's Unopposed MOTION to Substitute Attorney R Douglas
                  Coffin in place of Ruben Gonzalez. Added attorney R Douglas
                  Coffin for Richard Michael Simkanin. Motion Filed by Richard
                  Michael Simkanin (mjw, ) (Entered: 07/03/2003)

07/02/2003   27   TRANSCRIPT of Proceedings as to Richard Michael Simkanin
                  held on 6/25/2003 Dentention Hearing before Magistrate Judge
                  Irma C Ramirez. Court Reporter: Betty Tate. (83 pgs) (csw, )
                  (Entered: 07/02/2003)

07/01/2003   28   ORDER...at 2:00pm on Thursday, July 10, 2003, Simkanin, his
                  atty and the assistant US atty responsible for the prosecution of
                  this case appear before the court for a hearing on issues related to
                  the possibility of pretrial release of Simkanin, including
                  consideration of the govt's appeal of the Magistrate Judge's order
                  releasing dft as to Richard Michael Simkanin : (Signed by Judge
                  John McBryde on 7/1/03) (mjw, ) (Entered: 07/02/2003)

06/27/2003   26   Minute Entry for proceedings held before Judge John McBryde :
                  Arraignment as to Richard Michael Simkanin (1) Count 1-12,13-
                  27 held on 06/27/03., Plea entered by Richard Michael Simkanin
                  : Not Guilty on counts 1-27. AUSA Jarvis and appt atty Ruben
                  Gonzalez Jr; trial set for 8/25/03 9am; pretrial motions due
                  7/14/03; disc motion/govt resp due 7/17/03; deft testified;
                  conditions of rlse rescinded; deft remanded. (Court Reporter
                  Eileen Brewer.) (wrb, ) (Entered: 06/30/2003)

06/27/2003   25   SCHEDULING ORDER as to Richard Michael Simkanin : Jury
                  Trial set for 8/25/2003 09:00 AM before John McBryde. Pretrial
                  Materials due by 7/14/2003. (Signed by Judge John McBryde on
                  6/27/03) (mjw, ) (Entered: 06/30/2003)

06/26/2003   24   ORDER...the govt provide to the court as promptly a spossible a
                  copy of such transcript and copies of exhibits of the detention
                  hearing as to Richard Michael Simkanin : (Signed by Judge John
                  McBryde on 6/26/03) (mjw, ) (Entered: 06/27/2003)

06/26/2003   23   GOVT'S APPEAL OF THE MAGISTRATE COURT'S ORDER
                  RELEASING DFT as to Richard Michael Simkanin : (mjw, )
                  (Entered: 06/27/2003)

06/26/2003   22   Receipt for Surrender of Passport as to Richard Michael
                  Simkanin Passport Number 132054172 issued by USA (geb, )
                  (Entered: 06/27/2003)

06/25/2003   21   ORDER Setting Conditions of Release as to Richard Michael
                  Simkanin (1) Personal Recognizance (Signed by Judge Irma C
                  Ramirez on 6/25/03) (geb, ) (Entered: 06/26/2003)

06/25/2003   20   ORDER Setting Conditions of Release as to Richard Michael
                  Simkanin (1) Personal Recognizance (Signed by Judge Irma C
                  Ramirez on 6/25/03) (geb, ) (Entered: 06/26/2003)

06/25/2003   19   Minute Entry for proceedings held before Judge Irma C Ramirez
                  : Appearance Through Counsel entered by Ruben Gonzalez on
                  behalf of Richard Michael Simkanin, Detention Hearing as to
                  Richard Michael Simkanin held on 6/25/03...Deft, AUSA Jarvis,
                  Ret. Atty Gonzalez & Ret. Atty Wooster present for detention
                  hearing...Govt Exhibits 1-6 admitted & returned...Dft Exhibit 1
                  admitted & returned...Passport forwarded to Fort Worth...PR
                  bond set...Deft advised of conditions of release. (Tape #54ICR.)
                  (geb, ) (Entered: 06/26/2003)

06/25/2003   18   ORDER...the pleadings filed by dft titled 1) Motion for a Bill of
                  Particulars, 2) Notice of Intent to Rely on Assistance of Counsel,
                  3) Memorandum in Support of Notice & Demand to the Right of
                  Assistance of Counsel, 4) Notice of Fiduciary Duty, 5) Notice of
                  Misprison of Felony and 6) Notice of Revocation of
                  Unauthorized Plea is stricken from the record of this action as to
                  Richard Michael Simkanin : (Signed by Judge John McBryde on
                  6/25/03) (mjw, ) (Entered: 06/26/2003)

06/24/2003   17   STRICKEN PER ORDER 6/25/03.... MOTION for a Bill of
                  Particulars by Richard Michael Simkanin (mjw, ) Modified on
                  6/26/2003 (mjw, ). (Entered: 06/25/2003)

06/24/2003   16   STRICKEN PER ORDER 6/25/03....NOTICE OF
                  REVOCATION OF UNAUTHORIZED PLEA as to Richard
                  Michael Simkanin (mjw, ) Modified on 6/26/2003 (mjw, ).
                  (Entered: 06/25/2003)

06/24/2003   15   STRICKEN PER ORDER 6/25/03...NOTICE OF FIDUCIARY
                  DUTY as to Richard Michael Simkanin (mjw, ) Modified on
                  6/26/2003 (mjw, ). (Entered: 06/25/2003)

06/24/2003   14   STRICKEN PER ORDER 6/25/03....NOTICE OF MISPRISON
                  OF FELONY as to Richard Michael Simkanin (mjw, ) Modified
                  on 6/26/2003 (mjw, ). (Entered: 06/25/2003)
06/24/2003   13   STRICKEN PER ORDER 6/25/03....Memorandum in Support re
                  12 Notice & Demand to the Right of Assistance of Counsel
                  (mjw, ) Modified on 6/26/2003 (mjw, ). (Entered: 06/25/2003)

06/24/2003   12   STRICKEN PER ORDER 6/25/03....NOTICE of Intent to Reply
                  on Assistance of Counsel as to Richard Michael Simkanin (mjw,
                  ) Modified on 6/26/2003 (mjw, ). (Entered: 06/25/2003)

06/24/2003   11   Arrest Warrant Returned Executed on 6/20/03 as to Richard
                  Michael Simkanin. (mjw, ) (Entered: 06/25/2003)

06/23/2003    3   ORDER as to Richard Michael Simkanin : Arraignment set for
                  6/27/2003 09:00 AM before John McBryde. (Signed by Judge
                  John McBryde on 6/23/03) (mjw, ) (Entered: 06/24/2003)

06/20/2003   10   MOTION for Pretrial Detention by USA as to Richard Michael
                  Simkanin (geb, ) (Entered: 06/25/2003)

06/20/2003    9   ORDER OF Temporary DETENTION as to Richard Michael
                  Simkanin Detention Hearing set for 6/25/2003 11:00 AM before
                  Irma C Ramirez. (Signed by Judge Charles Bleil on 6/20/03)
                  (geb, ) (Entered: 06/25/2003)

06/20/2003    8   ORDER as to Richard Michael Simkanin : for Defendant to
                  Make partial payment towards appointment of counsel fees in the
                  amount of $800, with $200 monthly payments beginning
                  7/10/03... (Signed by Judge Charles Bleil on 6/20/03) (geb, )
                  (Entered: 06/25/2003)

06/20/2003    7   CJA 20 as to Richard Michael Simkanin : Appointment of
                  Attorney Ruben Gonzalez for Richard Michael Simkanin.
                  Attorney notified and Appointment Packet mailed. (Signed by
                  Judge Charles Bleil on 6/20/03) (geb, ) (Entered: 06/25/2003)

06/20/2003    6   CJA 23 Financial Affidavit by Richard Michael Simkanin (geb, )
                  (Entered: 06/25/2003)

06/20/2003    5   ORDER Fixing Dates as to Richard Michael Simkanin :
                  Arraignment set for 6/27/2003 09:00 AM before John McBryde.
                  Detention Hearing set for 6/25/2003 11:00 AM before Irma C
                  Ramirez. (Signed by Judge Charles Bleil on 6/20/03) (geb, )
                  (Entered: 06/25/2003)

06/20/2003    4   Minute Entry for proceedings held before Judge Charles Bleil :
                  Initial Appearance as to Richard Michael Simkanin held on
                  6/20/03...Deft, AUSA Jarvis present for initial appearance...Deft
                        arrested 6/20/03...Deft requests appointed counsel...Financial
                        Affidavit executed...Private counsel Ruben Gonzalez Jr
                        appointed...Deft ordered to make partial payment towards atty
                        fees of $800 in $200 monthly payments beginning
                        7/10/03...Arraignment set 6/27/03@9:00 a.m...Detention hearing
                        set 6/25/03 @11:00 a.m. before Judge Ramirez in Dallas...Order
                        of Temporary Detention entered...Deft remanded to custody.
                        (Tape #4922.) (geb, ) (Entered: 06/25/2003)

06/20/2003              Arrest of Richard Michael Simkanin (geb, ) (Entered:
                        06/25/2003)

06/19/2003              as to Richard Michael Simkanin : Copies of Indictment to all
                        agencies & Judge McBryde. (geb, ) (Entered: 06/20/2003)

06/19/2003        2     Arrest Warrant Issued as to Richard Michael Simkanin. (geb, )
                        (Entered: 06/19/2003)

06/19/2003        1     INDICTMENT as to Richard Michael Simkanin (1) count(s) 1-
                        12, 13-27. (geb, ) (Entered: 06/19/2003)




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                                    09/20/2003 12:12:19
             PACER Login:      ts0356          Client Code:
             Description:      Docket Report   Case Number:   4:03-cr-00188
             Billable Pages:   9               Cost:          0.63

				
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Description: Us Attorney Northern District of Texas Dallas Texas document sample