Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21
`
`
`
`Pagejdofi6
`_\
`
`____ LODGED
`FILED
`—_
`
`RECEIVED —
`copy
`
`
`SEP 1 4 2021
`
`US DISTRICT COURT
`
`TRICT OF ABIZONA
`
`Cen
`RT
`FOR THE DISTRICT OF ARIZONA
`
`IN THE UNITED STATES DISTRICT CO
`
`United States of America,
`
`No. CR-18-00422-PHX-SMB
`
`Plaintiff,
`
`ORDER
`
`Vv.
`
`Michael Lacey, James Larkin,
`Scott Spear, John Brunst, Andrew
`Padilla, and Joy Vaught,
`
`Defendants.
`
`
`
`PRELIMINARY JURY INSTRUCTIONS
`
`i?
`
`Dated
`
`Cw/
`
`
`
` Susan Brnovich
`
`United States District Judge
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page
`
`2 of 16
`
`DUTY OF JURY
`
`Jurors: You now are the jury in this case, and I want to take a few minutes to
`give you some
`tell you something about yourduties as
`jurors and to
`preliminary
`instructions. At the end ofthe trial I will give you more detailed instructions that
`will control your deliberations. When youdeliberate, it will be your duty to weigh
`and, in that process, to decide
`and to evaluate all the evidence received in the case
`the facts. To the facts as you find them, you will apply the law as I give it to you,
`on the
`whether you agree with the law or not. You must decide the case
`solely
`evidence and the law before you. Perform these duties fairly and impartially.
`or
`not allow personallikes or dislikes, sympathy, prejudice, fear,
`public opinion
`influence you. You should also not be influenced by any person’s race, color,
`religion, national ancestry, or
`gender, sexual orientation, profession, occupation,
`position in life or
`celebrity, economic circumstances, or
`in the community.
`or
`Unconscious biases are stereotypes, attitudes,
`that people may
`preferences
`or
`consciously reject but may be expressed without conscious awareness, control,
`intention. Like conscious bias, unconscious bias can affect how we evaluate
`
`Do
`to
`
`information and makedecisions.
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page 3 of 16
`
`THE CHARGE—PRESUMPTION OF INNOCENCE
`
`brought by the United States government. The United
`This is a criminal case
`States charges Defendants with conspiracy, violations of the Travel Act, and money
`laundering. The charges against the defendant are contained in the indictment. The
`the
`indictment simply describes the charges the government brings against
`‘defendant. Theindictmentis not evidence and doesnot prove anything.
`to all the charges and is presumed
`not guilty
`Each defendant has pleaded
`a reasonable
`innocent unless the government proves that defendantguilty beyond
`to remain silent and never has to
`In addition, each defendant has the right
`doubt.
`prove innocenceor
`present any evidence.
`give you a brief summary of the
`To help you follow the evidence,I will now
`must prove to makeits case:
`elements of the crimes which the government
`
`are as follows:
`three elements of conspiracy
`Count 1 is conspiracy—the
`on or about April 2018, there
`First, beginning in or around 2004, and ending
`was an agreement between two or more persons to commit at least one Travel Act
`offense as
`in the indictment,
`charged
`Second, the defendant became a memberofthe conspiracy knowingofat least
`to help accomplish it and
`one ofits objects, and intending
`on or after March 28, 2013, one of the members of the conspiracy
`Third,
`at least one overt act for the purpose of carrying out the conspiracy.
`
`performed
`
`a Travel Act
`Counts 2-51 are Travel Act counts—the two elements to support
`
`conviction are as follows:
`First, the defendant used the mail or any facility in interstate commerce with
`the intent to promote, manage, establish, carry on, or facilitate the promotion,
`management, establishment, or
`carrying on, of any business enterprise involving
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page
`
`4 of 16
`
`
`
`prostitution offenses in violation of the laws of the State in which they
`committed; and
`an
`or
`to
`so the defendant performed
`Second, after doing
`perform
`attempted
`act that did promote, manage, establish, carry on, or facilitate the promotion,
`management, establishment, or carrying on, of any business enterprise involving
`are
`prostitution offenses in violation of the laws of the State in which they
`
`are
`
`committed.
`
`given defendantguilty of the Travel Act as
`charged in
`Further, you may find a
`Counts 2-51 of the indictment if the United States has proved each of the following
`a reasonable doubt:
`elements beyond
`First, a memberof the conspiracy committed the Travel Act offense as
`
`alleged
`
`in that count;
`
`Second, the person was a memberof the conspiracy charged in Count 1 of the
`
`indictment;
`
`Third, the person committed the Travel Act offense alleged in furtherance of
`the conspiracy;
`Fourth, the defendant was a member of the same
`offense charged in Counts 2-51 was committed; and
`Fifth, the offense fell within the scope of the unlawful agreement and could
`reasonably have been foreseen to be a necessary or natural consequence of the
`unlawful agreement.
`
`conspiracy
`
`at the time the
`
`to commit money laundering—the
`Count 52 is conspiracy
`are as follows:
`money laundering conspiracy
`on or about April 2018, there
`First, beginning in or around 2004, and ending
`was an agreement between two or more personsto commit at least one crime alleged
`
`two elements of
`
`and
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page 5 of 16
`
`Second, that the defendant became a memberofthe conspiracy knowing
`to
`help accomplishit.
`least one ofits objects and intending
`
`ofat
`
`
`
`Counts 53-62 are concealment money laundering—the three elements of
`are as follows:
`concealment money laundering
`First, the defendant conducted a financial transaction involving property that
`represented the proceeds of promoting, managing, establishing, carrying on, or
`facilitating the promotion, management, establishment, or
`carrying on, of any business
`enterprise involving prostitution offenses in violation of the lawsofthe State in which
`are committed.
`Second, the defendant knew that the property represented the proceeds of some
`form of unlawful activity; and
`designed in whole or in part
`Third, the defendant knew that the transaction was
`or the
`to conceal and disguise the nature, the location, the source, the ownership,
`ofthe specified unlawful activity.
`control of the proceeds
`
`they
`
`two
`
`Counts 63-68 are international promotional money laundering—the
`elements ofinternational promotional money launderingare as follows:
`place in the United States to or
`First, the defendant transported money from
`place in the United States from or
`place outside the United States or to a
`a
`through
`a
`place outside the United States; and
`through
`Second, the defendantacted with the intent to promote the carrying
`specified criminal activity in the indictment.
`
`on of the
`
`Counts 69-99 are transactional money laundering—the five elements of
`are as follows:
`
`transactional money laundering
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page 6 of 16
`
`First, the defendant knowingly engaged
`
`or
`
`attempted
`
`to engage in a monetary
`
`transaction;
`Second,
`
`the defendant knew the transaction involved criminally derived
`
`property;
`
`Third, the property had a value greater than $10,000,
`was,in fact, derived from specified unlawful activity, that
`Fourth, the property
`or facilitating the promotion of any business enterprise involving
`is promoting
`are
`prostitution offenses in violation of the laws of the State in which they
`committed; and
`Fifth, the transaction occurred in the United States.
`
`Count 100 is
`
`international concealment money laundering—the three
`are as follows:
`elements of international concealment money laundering
`place in the United States to or
`First, the defendant transported money from a
`a
`place outside the United States;
`through
`the proceeds of
`Second, the defendant knew that the money represented
`or facilitating the promotion of any business enterprise involving
`promoting
`prostitution offenses; and
`designed in wholeor in part
`Third, the defendant knew the transportation
`or control of the
`to conceal or
`disguise the nature, location, source, ownership,
`or
`facilitating the promotion of any business enterprise
`proceeds of promoting
`offenses.
`
`was
`
`involving prostitution
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page
`
`7 of 16
`
`—
`
`DEFINED
`
`SPECIFIC INTENT
`specific intent crime and that means for each
`The Travel Act is a
`defendant to be found guilty, the government needs to prove that each defendant
`activity which the defendant knew to be
`specifically intended to facilitate an
`of any
`unlawful understate law, specifically, promotingorfacilitating the promotion
`business enterprise involved in prostitution.
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page
`
`8 of 16
`
`WHATIS EVIDENCE
`
`The evidence you are to consider in deciding what the facts are consists of:
`
`(1)
`
`(2)
`
`(3)
`
`the sworn
`
`testimony of any witness; and
`the exhibits which are received in evidence; and
`
`any facts to which the parties agree.
`
`WHATIS NOT EVIDENCE
`
`are not evidence, and you must not consider them as
`The following things
`evidence in deciding the facts of this case:
`
`statements and arguments
`
`ofthe attorneys;
`
`(1)
`
`ofthe attorneys, (questions
`questions and objections
`to the witnesses answer);
`to
`give meaning
`
`(2)
`
`only
`
`can be used
`
`(3)
`
`testimony that I instruct you to
`
`disregard; and
`
`anything you may see or hear when the court is not in session
`(4)
`or
`one ofthe parties
`even if what yousee or hearis doneorsaid by
`by
`
`one of the witnesses.
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page 9 of 16
`
`DIRECT AND CIRCUMSTANTIAL EVIDENCE
`Evidence may be direct or circumstantial. Direct evidence is a
`physical
`or otherwise
`exhibit or the testimony of a witness who saw,
`heard, touched, smelled,
`an event. Circumstantial evidenceis proofof a fact or facts from
`actually perceived
`which the existence of another fact may be determined.
`
`You are to consider both direct and circumstantial evidence. Either can be
`used to prove any fact. The law makes no distinction between the weight to be given
`to either direct or circumstantial evidence. It is for you to decide how much weight
`to any evidence.
`
`to
`
`give
`
`RULING ON OBJECTIONS
`
`Admission of evidence in court is governed by rulesoflaw. I will apply those
`rules and resolve any issues that arise during the trial concerning the admission of
`
`evidence.
`
`to a
`questionis sustained, you must disregard the question and
`If an
`objection
`you must not guess what the answerto the question might have been.If an exhibit is
`to it is sustained, you must not consider that
`offered into evidence and an
`objection
`exhibit as evidence. If testimony is ordered stricken from the record, you must not
`for any purpose.
`consider that testimony
`on the admission
`with the reasons for my rulings
`Do not concern
`yourselves
`as any indication from me ofthe credibility
`of evidence. Do not
`regard those rulings
`to any evidence that has been
`of the witnesses or the weight you should give
`
`admitted.
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page 10 of 16
`
`CREDIBILITY OF WITNESSES
`In deciding the facts in this case, you may have to decide whichtestimonyto
`a witness
`not to believe. You may believe everything
`believe and whichtestimony
`or none ofit.
`says, or
`part of it,
`
`In considering the testimony of any witness, you may take into account:
`
`the witness’s opportunity
`(1)
`things testified to;
`
`and ability
`
`to see or hear or know the
`
`(2)
`
`(3)
`
`(4)
`
`(5)
`
`(6)
`
`the witness’s memory;
`
`the witness’s manner while testifying;
`
`the witness’s interest in the outcomeof the case, if any;
`
`the witness’s bias or
`
`prejudice, if any;
`
`whether other evidence contradicted the witness’s testimony;
`
`the reasonableness of the witness’s testimony in light
`(7)
`evidence; and
`
`of all the
`
`any other factors that bear on
`
`believability.
`
`(8)
`
`on the
`The weight of the evidence as to a fact does not
`necessarily depend
`number of witnesses whotestify about it. What is important is how believable the
`witnesses are, and how much
`weight you think their testimony deserves.
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page
`
`11 of 16
`
`THE ADMONITION
`CONDUCT OF THE JURY
`I will now say a few words about your conduct as
`
`jurors, which I will call
`
`—-
`
`the Admonition.
`
`are on a
`
`wear your juror badgein and around the courthouse so that
`First, always
`everyone will know you
`jury.
`an open mind throughoutthetrial, and do not decide what the
`Second, keep
`verdict should be until you and your fellow jurors have completed your
`deliberations at the end of the case.
`on the evidence
`Third, because you must decide this case based only
`as to the law that applies, you must not
`received in the case and on my
`instructions
`to any other information aboutthe case or to the issues it involves
`be exposed
`during the course of your jury duty. Thus, until the end of the case or unless I tell
`
`you otherwise:
`Do not communicate with anyone in any way and do notlet
`anyone else communicate with you in any way about the merits of the
`to do with it. This includes discussing the case in
`case or
`anything
`orelectronic means, via email, via text
`person,in writing, by phone
`or any Internet chat room, blog, website or
`application,
`messaging,
`including but not limited to Facebook, YouTube, Twitter, Instagram,
`or any other forms ofsocial media. This applies
`LinkedIn, Snapchat,
`to communicating with your fellow jurors until I give you the case for
`to communicating with everyoneelse
`deliberation, and it applies
`including your family members, your employer, the mediaorpress,
`and the people involvedin thetrial, although you may notify your
`family and your employer that you have been seatedas a
`juror in the
`case, and how long you expectthetrial to last. But, if you are asked
`in any way about your jury service or
`anything about
`or
`approached
`this case, you must respondthat you have beenordered notto discuss
`the matter and to report the contact to the court.
`
`Because you will receive all the evidence and legal instruction
`or
`you properly may consider to return a verdict: do not read, watch,
`listen to any news or media accounts or commentary aboutthe case or
`to do with it[, although I have no information that there will
`anything
`suchas
`reports about this case]; do not do any research,
`be news
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page
`
`12 of 16
`
`consulting dictionaries, searching the Internet or
`using other reference
`or in any other way try
`materials; and do not make any investigation
`to learn about the case on your own. Donotvisit or view any place
`or other
`discussedin this case, and do not use Internet programs
`devices to search for or view any place discussed during thetrial.
`Also, do not do any research aboutthis case, the law,or the people
`involved—includingthe parties, the witnesses, or the lawyers—until
`to read or hear
`you have been excusedas jurors. If you happen
`onthis case in the media, turn away and report it to
`anything touching
`me as soon as
`possible.
`
`The lawyers and parties have been given the sameinstruction about
`are
`to
`so do not thinkthey
`not
`speaking with you jurors,
`being unfriendly
`you. When you go hometonight and family and friends ask what the caseis
`about, remember you cannot speak with them about the case. All you can
`tell them is that you are on a
`jury, the estimated schedule for the trial and
`that you cannot talk about the case until it is over.
`on
`to have this case decided only
`These rules protect each party’s right
`here in court. Witnesseshere in court take an
`evidence that has been presented
`oath to tell the truth, and the accuracyoftheir testimonyis tested throughthetrial
`investigation outside the courtroom, or
`process. If you do any research or
`gain any
`information through improper communications, then your verdict may be
`misleading information that has not been
`or
`influenced by inaccurate, incomplete,
`an
`tested by the trial process. Each ofthe parties is entitled to a fair trial by
`impartial jury, and if you decide the case based on information not
`presented in
`a fair trial. Remember, you have taken an
`court, you will have deniedthe parties
`andit is very important that you follow theserules.
`oath to follow therules,
`A juror who violates theserestrictions jeopardizes the fairness of these
`proceedings and a mistrial could result that would require the entire trial process to
`to any outside information, please notify the
`start over. If any juror is exposed
`court
`immediately.
`Ateachbreak,I will not repeat this entire admonition,I will probably
`to it by saying “please remember the admonition”or something like that.
`to make referenceto it, remember that the admonition
`However, even if I forget
`at all times during thetrial.
`applies
`
`refer
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page 13 of 16
`
`NO TRANSCRIPT AVAILABLE TO JURY
`At the end of thetrial you will have to make your decision based on what you
`a written transcript of any testimony.
`recall of the evidence. You will not be given
`You should pay close attention to the testimonyasit is given.
`
`TAKING NOTES
`
`If you wish, you may take notes to help you rememberthe evidence. If you
`do take notes, please keep them to yourself until the end oftrial when you and your
`room to decide the case. Donotlet note-taking distract
`fellow jurors go to the jury
`you from being attentive. When you leave court for recesses, your notes should be
`room. No one will read your notes, After you have rendered your
`left in the jury
`verdict, Elaine will collect your notes and destroy them.
`
`on your own memory
`of the
`Whetheror not you take notes, you should rely
`evidence. Notesare
`to assist your memory. You should not be overly influenced
`only
`by your notesor those of your fellow jurors.
`
`SEPARATE CONSIDERATION FOR EACH DEFENDANT
`Although the defendants are
`being tried together, you must
`give separate
`consideration to each defendant. In doing so, you must determine which evidence in
`the case
`to each defendant, disregarding any evidence admitted solely against
`applies
`or
`some other defendants. The fact that you may find one of the defendants guilty
`guilty should not control your verdict as to any other defendants.
`not
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page
`
`14 of 16
`
`BY JURORS
`
`QUESTIONS
`or
`If at any time during the trial you have difficulty hearing
`seeing something
`or if you get into personal distress for any
`or
`that you should be hearing
`seeing,
`reason, raise your hand and let me know.
`
`If you have any questions aboutparking, restaurants, or other matters relating
`to jury service, feel free to ask one of the court staff. But remember that the
`as it does to everyone else, so do not try to discuss
`to court staff,
`Admonition applies
`the case with court staff.
`
`question about the case for a witness or for me, write it down,
`If you have a
`are done examining the witness,| will collect
`but do not sign it. When the lawyers
`
`any jury questions.
`
`question, the lawyers and I will discuss the question. The rules of
`If there is a
`some
`from being asked.If the
`evidence orother rules of law may prevent
`questions
`rules permit the question and the answer is available, an answer will be given at the
`question,it is no reflection on the person
`earliest opportunity. When wedonot ask a
`to the failure to ask a
`submitting it. You should attach no
`I
`question.
`significance
`as I do to the questions asked
`will apply the same
`legal standards to your questions
`or what
`by the lawyers. Ifa particular question is not asked, please do not guess why
`the answer
`
`have been.
`
`might
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page 15 of 16
`
`BENCH CONFERENCES AND RECESSES
`From time to time duringthetrial, it may became necessary for meto take up
`a conferenceat the bench
`legal matters with the attorneysprivately, either by having
`a recess.
`whenthe jury is present in the courtroom,or, by calling
`
`we are
`Please understand that while you are
`working. The purpose
`waiting,
`of these conferencesis not to keep relevant information from you,but to decide how
`certain evidence is to be treated underthe rules of evidence and to avoid confusion
`
`and error.
`
`Of course, we will do what we can to keep the number and length of these
`attorney’s request for a
`an
`conferences to a minimum.
`I may not always grant
`request for a conference as
`a
`or
`conference. Do not consider my granting
`denying
`any indication of my opinion of the case or what your verdict should be.
`
`

`

`Case 2:18-cr-00422-SMB Document 1311 Filed 09/14/21 Page 16 of 16
`
`OUTLINE OF TRIAL
`begin. First, each side may make an
`ofthe trial will now
`The next phase
`an outline to
`opening statement. An opening statement is not evidence. It is simply
`help you understand whatthat party expects the evidence will show. A party is not
`to make an opening
`
`statement.
`
`required
`
`The governmentwill then present evidence and counsel for the defendant may
`cross-examine. Then, if the defendant chooses to offer evidence, counsel for the
`government may cross-examine.
`
`I will instruct you on the law that
`After the evidence has been presented,
`to the case andthe attorneys will make closing arguments.
`
`applies
`
`After that, you will go to the jury
`
`room to deliberate on your verdict.
`
`