05/25/2011 202 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr. as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton: Jury Trial continued on 5/25/2011. Jury given instruction regarding the absence of Defendant Rufus Paul Harris and his lawyer. Defendant Daryl Horton witnesses sworn in and testified. Jury excused and counsel discussed the jury instructions. Defendants Horton and Stanley rest at 11:00 a.m. Defendant Horton and Stanley move for directed verdict. The Court denied the motions. The Government presents rebuttal evidence. Government witnesses sworn and testified, and exhibits admitted. Government rests. Defendants Horton and Stanley move to dismiss the Indictment because it is deficient based on Grand Jury testimony of Brian Harvey. Defendants' motion to dismiss is denied. Closing statements. Defendants made a motion for judgment of acquittal on the count 6. The motion is denied. Jury charged. Jury began deliberations. (Court Reporter Elise Evans) (rvb) (Entered: 05/26/2011)
Defendant (1)Rufus Paul Harris Pending Counts 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1) 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1s) 18:1348 and 2 SECURITIES FRAUD (2) 18:1348 and 2 SECURITIES FRAUD (2s) 18:1350 (c)(1) and 2 FAILURE OF CORPORATE OFFICERS TO CERTIFY FINANCIAL REPORTS (3) 18:1343 and 2 FRAUD BY WIRE, RADIO, OR TELEVISION (3s-7s) 18:1350(c)(1) and 2 FAILURE OF CORPORATE OFFICERS TO CERTIFY FINANCIAL REPORTS (8s)
Highest Offense Level (Opening) Felony
Defendant (2)Benjamin Stanley Pending Counts 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1) 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1s) 18:1348 and 2 SECURITIES FRAUD (2) 18:1348 and 2 SECURITIES FRAUD (2s) 18:1343 and 2 FRAUD BY WIRE, RADIO, OR TELEVISION (3s-7s)
Highest Offense Level (Opening) Felony
Defendant (3)Darryl Horton Pending Counts 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1) 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1s) 18:1348 and 2 SECURITIES FRAUD (2) 18:1348 and 2 SECURITIES FRAUD (2s) 18:1343 and 2 FRAUD BY WIRE, RADIO, OR TELEVISION (3s-7s)
Highest Offense Level (Opening) Felony
Plaintiff USA represented by Justin S. Anand Office of United States Attorney 75 Spring Street, S.W. 600 United States Courthouse Atlanta, GA 30303 404-581-6322 Email: justin.anand@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gerald S. Sachs U.S. Attorney's Office-ATL 600 U.S. Courthouse 75 Spring Street, S.W. Atlanta, GA 30303 404-581-6057 Fax: 404-581-6181 Email: gerald.sachs@usdoj.gov ATTORNEY TO BE NOTICED
Jamila Marjani Hall U.S. Attorney's Office - ATL 600 Richard Russell Building 75 Spring Street, S.W. Atlanta, GA 30303 404-581-6000 Fax: 404-581-6181 Email: jamila.hall@usdoj.gov ATTORNEY TO BE NOTICED