Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Strategies & Market Trends : Conversion Solutions Holdings Corp. - A Scam? -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (4446)	2/1/2010 10:11:33 AM
From: scion	Respond to of 4624

01/30/2010 79 MOTION for Bill of Particulars by Benjamin Stanley. (King Grant, Ethenia) (Entered: 01/30/2010) Doc 79 PDF file viewer.zoho.com MOTION FOR BILL OF PARTICULARS Defendant, Benjamin Stanley, through undersigned counsel, and moves this Court for a bill of particulars and respectfully request that this Court require the Government to provide a bill of particulars as to the allegations in the indictment against this Defendant. As grounds for this Motion, Defendant shows as follows: 2. Trial courts have very broad discretion in ruling upon requests for a bill of particulars. Will v. United States, 389 U.S. 99 (1967). The purpose of a bill of particulars is to inform the defendant of the charges against him with sufficient precision to allow him to prepare his defense and to minimize surprise at trial, and to enable [him] to plead [his]acquittal or conviction in bar of another prosecution for the same offense when the indictment itself is too vague and indefinite for such purposes. United States v. Colson, 662 F.2d 1389 (11th Cir. 1981); United States v. Francisco, 575 F.2d 815, 818 (10th Cir. 1978). See also United States v. Roberts, 174 Fed. Appx. 475, *1-2 (11th Cir.2006). Failure to grant a motion for bill of particulars may constitute reversible error. United States v. Sharpe, 438 F.3d1257, 1263 (11th Cir. 2006). 3. To adequately prepare for his defense and pretrial motions, Defendant needs some additional information about the evidence in this case and Defendant’s alleged role in the conspiracy. Specifically Defendant requests the following: As to count One Defendant needs the Government to clarify: (1) who the others not named but known are. Including alleged co-conspirators and aiders and abettors. (2) How Mr. Stanley assisted in the creation of the 10-k. (3) What “other information” as stated in paragraph (G) refers to. (4) What false information was provided to an accountant who prepared financial statements in connection with the 10-k as stated in paragraph (G). (5) Who is the accountant referenced in paragraph (G). 4. This Motion is not at this time an attack upon the sufficiency of the indictment. The fact that the indictment is valid, assuming it is, is not a defense to a motion for a bill of particulars, United States v. Faulkner, 53 F.R.D. 299, 310 (D. Wis. 1971),inasmuch as the underlying purpose of Rule 7(f) of the Federal Rules of Criminal Procedure is not to cure defects in the Government's pleadings. In fact, a bill of particulars cannot save an invalid indictment. United States v. Farinas, 299 F. Supp. 852(S.D.N.Y. 1969). 5. The requested information is already known to the Government, so a bill of particulars would not be burdensome. A bill of particulars would substantially assist defense counsel in evaluating this case, advising Defendant and preparing for trial. The Government may modify the bill of particulars as it acquires additional information. WHEREFORE, it is respectfully requested that this Court exercise its sound discretion and order the United States to provide the particulars requested herein so as to assure that the Defendant may adequately prepare for trial and avoid prejudicial surprise. Respectfully submitted this 30th day of January, 2010. /s/ Ethenia F. King Grant Attorney for Benjamin Stanley GA Bar No. 420252 KING GRANT & ASSOCIATES, LLC 149 S. McDonough St. ? Suite 160 Jonesboro, Georgia 30236 Tel: 770.210.4886 Fax: 770.477.1869 ekinggrant@kinggrantlaw.com Conversion Solutions Holdings (fka CSHD) () Stock Trading Info:

To: scion who wrote (4446)	2/2/2010 2:08:12 PM
From: scion	Read Replies (3) \| Respond to of 4624

Pacer update 02 Feb 10 CRIMINAL DOCKET FOR CASE #: 1:09-cr-00406-UNA USA v Harris et al Date Filed # Docket Text 02/01/2010 MOTION to Dismiss Counts on Grounds of Duplicity as to Darryl Horton (3) by Darryl Horton. (adopted per 84 Pretrial Conference) (alc) (Entered: 02/02/2010) 02/01/2010 84 Minute Entry for proceedings held before Magistrate Judge Janet F. King: Pretrial Conference as to Darryl Horton (3). Defendant's 55 Motion to Allow Participation in Voir Dire DEFERRED to the trial court. Defendant's 72 Motion for Bill of Particulars DENIED. Defendant's 73 Motion to Adopt Defendant Rufus Paul Harris's Motion for Bill of Particulars GRANTED; the motion as to the bill of particulars DENIED once adopted. Defendant's 74 Motion to Suppress Statements TAKEN UNDER ADVISEMENT; Government brief due 2/23/2010 with defense response due 3/16/2010. Defendant's 75 Motion to Sever Defendant TAKEN UNDER ADVISEMENT; Defendant has until 2/23/2010 to perfect. Defendant's 76 Motion to Adopt Defendant Harris' Motion to Dismiss Counts 1s,2s,8s for Duplicity GRANTED. (Tape #FTR) (alc) (Entered: 02/02/2010) 02/01/2010 MOTION to Dismiss Counts on Grounds of Duplicity as to Benjamin Stanley (2) by Benjamin Stanley. (adopted per 83 Pretrial Conference) (alc) (Entered: 02/02/2010) 02/01/2010 83 Minute Entry for proceedings held before Magistrate Judge Janet F. King: Pretrial Conference as to Benjamin Stanley (2). Defendant's 70 Motion to Provide Access to Cooperating Government Witnesses and 79 Motion for Bill of Particulars both DENIED. Defendant's 77 Motion to Adopt Co-Defendant Rufus Paul Harris' Motion for Bill of Particulars GRANTED; the motion as to bill of particulars DENIED once adopted. Defendant's 78 Motion to Adopt Co-Defendant Rufus Paul Harris' Motion to Dismiss Indictment on Grounds of Duplicity GRANTED. Defendant Allowed until 2/3/2010 to file Motion to AdoptCo-Defendant's Motion to Suppress Statements. (Tape #FTR) (alc) (Entered: 02/02/2010) 02/01/2010 82 Minute Entry for proceedings held before Magistrate Judge Janet F. King: Pretrial Conference as to Rufus Paul Harris (1). Defendant's 66 Motion for (404b) Information of Defendant or any Co-Defendant Regarding Evidence of Independent and Separate Offenses, Wrongs or Acts GRANTED in accordance with the pretrial order. Defendant's 67 Motion for Bill of Particulars DENIED. Defendant's 68 Motion to Suppress Testimony from Deposition and 69 Motion to Dismiss Counts 1s,2s,8s for Duplicity both TAKEN UNDER ADVISEMENT. Government's brief re the motion to suppress due 2/23/2010 with defense response due 3/16/2010; briefing schedule to be set re the motion to dismiss. Defendant's 80 Motion to Adopt Defendant Stanley's Motions GRANTED; the motions as to Bill of Particulars and Access to Cooperating Witnesses DENIED once adopted. Defendant's 81 Motion to Adopt Defendant Horton's Motion for Bill of Particulars GRANTED; the motion as to the bill of particulars DENIED once adopted. (Tape #FTR) (alc) (Entered: 02/02/2010) Defendant (1)Rufus Paul Harris Defendant (2)Benjamin Stanley Defendant (3)Darryl Horton ecf.gand.uscourts.gov

To: scion who wrote (4446)	2/2/2010 3:49:57 PM
From: scion	Respond to of 4624

01/30/2010 77 MOTION to Adopt Co-Defendant Rufus Paul Harris' Motion for Bill of Particulars (doc.67) by Benjamin Stanley. (Attachments: # 1 Exhibit A) (King Grant, Ethenia) (Entered: 01/30/2010) Doc 77 PDF file viewer.zoho.com Doc 77-1 PDF file viewer.zoho.com 01/30/2010 78 MOTION to Adopt Co-Defendant Rufus Paul Harris' Motion to Dismiss Indictment on Grounds of Duplicity (doc. 69) by Benjamin Stanley. (Attachments: # 1 Exhibit A) (King Grant, Ethenia) (Entered: 01/30/2010) Doc 78 PDF file viewer.zoho.com 01/31/2010 80 MOTION to Adopt Defendant Stanley's Motions by Rufus Paul Harris. (Attachments: # 1 motion for government to provide access to cooperating witnesses (Doc. 70), # 2 Bill of Particulars (Doc 79)) (Manchel, Howard) (Entered: 01/31/2010) Doc 80 PDF file viewer.zoho.com Doc 80-1 PDF file viewer.zoho.com Doc 80-2 PDF file viewer.zoho.com 01/31/2010 81 MOTION to Adopt Defendant Horton's Motion for Bill of Particulars by Rufus Paul Harris. (Attachments: # 1 Bill of Particulars) (Manchel, Howard) (Entered: 01/31/2010) Doc 81 PDF file viewer.zoho.com Doc 81-1 PDF file viewer.zoho.com