- Jury to consider only this defendant
- Witness credibility
- Bias and hostility
- Interest in outcome
- Government Witness – Not proper to consider guilty plea
- Indifference or lack of concern
- Mismanagement not the issue
- Using motive for intent
- The indictment is not the evidence
- Good faith reliance upon advice of counsel and/or experts
Each of the topics, and others, has a page listing the instructions proposed to give the jury. I have uploaded a copy onto the Files website, (14-cr-208, Doc 84) as it is a bit lengthy to go into here.
And today, Burks filed his Trial Brief, the beginning of which states:
II. STATEMENT OF ANTICIPATED FACTS
A. Paying What He Promised
B. Bid Sales Were Final
C. Mr. Burks Made Changes to the Program in Good Faith Based on the Advice of Experts
D. Dealing with the Challenges of Explosive Growth
E. The Issuance of Forms 1099 Was Based on Sound Legal Advice—and Was Anything But Evidence of “Lulling”
Next, we have a list of the proposed “Experts” expected to be called by Burks:
- Jose L. Valasquez, Jr. – explaining the contents of the RVG SQL database and flow of money in and out, Director of Forensic Accounting at Thatcher and Assoc.
- John White – expert in accounting and fraud investigation
- Morris Aaron – will testify that RVG maintained a sufficient accounting system to calculate daily profits
- Curtis Elliot- expert in tax law and litigating federal tax controversies.
Included in the brief is a paragraph stating that “Evidence Regarding “Follow Me 1×2” Should Be Excluded”, as “Mr. Burks was not in favor of it and thought the concept was a “straight pyramid”. OK, so he knows what a pyramid scam looks like.
Additionally, they want to exclude any evidence related to ASD, and want any reference to be barred. In essence they want virtually anything that shows the Burks knew all along what he was doing barred from the case.
Good luck with that.
I have uploaded this filing onto the Files website, Doc 86.