April 18, 2014 U.S. Department of Justice
District of Nevada
333 Las Vegas Blvd. South, Suite 5000
Las Vegas, NV 89101
Phone: (702) 388-6218
Fax: (702) 388-6418
XXXXX XXXXXXX XXXXXXX
Re: United States v. Defendant(s) , Urban Casavant, Melissa Spooner, Jeffrey Mitchell, Jeffrey Turino, Nickolaj Vissokovsky, James Kinney, Ginger Gutierrez, Brian Dvorak, Helen Bagley, John Edwards
Case Number 2004R01639 and Court Docket Number 09-CR-00132
Dear vulcanizd crawler:
The enclosed information is provided by the United States Department of Justice Victim Notification System (VNS). As a victim witness professional with the United States Attorney's Office, my role is to assist you with information and services during the prosecution of this case. I am contacting you because you were identified by law enforcement as a victim during the investigation of the above criminal case.
Charges have been filed against defendant(s) Urban Casavant, John Edwards, Helen Bagley, Brian Dvorak, Ginger Gutierrez, James Kinney, Jeffrey Turino, Nickolaj Vissokovsky, Melissa Spooner, Jeffrey Mitchell. The lead prosecutor for this case is Timothy Vasquez. The main charge is categorized as Securities Fraud.
I have added your name to the Victim Notification System. My office also has a website setup to keep victims notified of the case. Please go to the following website for additional information regarding restitution and other victim rights:
www.justice.gov/usao/nv/programs_caseupdate_cmkm.html Any new or updated information will be posted on the above website.
A false rumor has circulated that confuses the criminal prosecution in the District of Nevada (United States v. John Edwards, et al., 2:09-CR-00132-RLH-RJJ) with a civil suit out of the Central District of California that has now been dismissed (David Anderson, et al., v. Christopher Cox, et al., 8:10-CV-00031-JVS-MLG). There are many variations of this rumor. However, in short, the Anderson civil case is not related to the Edwards criminal case. In Anderson, the plaintiffs allege that the SEC and other agencies of the U.S. Government conducted a sting operation against "illegitimate brokers, dealers, market makers, hedge funds, and other persons and entities that had engaged in naked short selling of CMKM Diamonds Inc. Stock." Essentially, the Anderson case involved allegations against an entire industry. In contrast, the superseding criminal indictment in the Edwards case charges a more clearly defined group of defendants: insiders at one company (CMKM) and people who enabled them.
Additionally, in the course of investigating and litigating the Edwards criminal case, government personnel in the District of Nevada have not encountered any evidence indicating that a government agency conducted a sting operation against naked short sellers of CMKM stock. Government personnel in the District of Nevada have also not come across any evidence of any settlement fund (much less any settlement fund with trillions of dollars) potentially available to pay possible claims of CMKM shareholders. The criminal investigation in the District of Nevada resulting in the United States v. John Edwards, et al., indictment involved no sting operation.
We hope this statement clarifies the differences between United States v. John Edwards, et al., with the facts alleged in David Anderson, et al., v. Christopher Cox, et al.
Victims of all crimes under federal investigation are entitled to services under the Victims' Rights and Restitution Act, including notification of court events. For further details, please refer to Title 42 United States Code section 10607 or the brochure posted at
www.notify.usdoj.gov.
Now that charges have been filed in federal court, victims of the charges filed are, in addition, entitled to the following rights, according to the Crime Victims' Rights Act, Title 18 United States Code section 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; and (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
Please understand that these rights apply only to victims of the counts charged in federal court, and thus you may not be able to exercise all of these rights if the crime of which you are a victim was not charged. In any event, we will continue to provide you with notifications and services unless you tell us not to. We will make our best efforts to ensure you are provided the rights and services to which you are entitled. It is important to keep in mind that the defendant(s) are presumed innocent until proven guilty and that presumption requires both the Court and our office to take certain steps to ensure that justice is served. While our office cannot act as your attorney or provide you with legal advice, you can seek the advice of an attorney with respect to the rights above or other related legal matters.
Additionally, please be aware that most criminal cases are resolved by a plea agreement between the United States Attorney's Office and the defendant. You should also know that it is not unusual for a defendant to seek to negotiate a plea agreement shortly before a trial is scheduled to begin. Plea agreements can be made at any time and as late as the morning of trial, leaving little or no opportunity to provide notice to you of the date and time of the plea hearing. If the court schedules a plea hearing in this case, we will use our best efforts to notify you of available information as soon as practicable. If you want to inform the prosecutor of your views regarding potential plea agreements, or any other aspect of the case, please contact the prosecutor assigned to this case or me.
Defendant(s), Helen Bagley, Brian Dvorak, Ginger Gutierrez, James Kinney, has been released from federal custody.
A pretrial motion(s) hearing has been scheduled for May 12, 2014, 03:30 PM at LV Courtroom 3A, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd South, Las Vegas, NV 89101 for defendant(s) Urban Casavant, John Edwards, Helen Bagley, Brian Dvorak, Ginger Gutierrez, James Kinney, Jeffrey Turino, Nickolaj Vissokovsky, Melissa Spooner, Jeffrey Mitchell before Judge George Foley. The purpose of this hearing is to clarify any outstanding issues prior to trial. This is a discovery status conference.
A status hearing is scheduled before Judge Jennifer Dorsey for August 6, 2014, 09:00 AM at LV Courtroom 6D, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd South, Las Vegas, NV 89101 for defendant(s) Brian Dvorak, Ginger Gutierrez, James Kinney, Jeffrey Turino, Melissa Spooner. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates.
The status hearing previously scheduled for defendant(s) Jeffrey Mitchell on April 23, 2014, 09:30 AM at LV Courtroom 6D, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd South, Las Vegas, NV 89101 has been cancelled. VNS will continue to provide you with updated case scheduling and event information.
A trial is scheduled before Judge Jennifer Dorsey on August 12, 2014, 09:00 AM at LV Courtroom 6D, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd South, Las Vegas, NV 89101 for the case which involves defendant(s) Brian Dvorak, Ginger Gutierrez, James Kinney, Jeffrey Turino, Melissa Spooner.
Unless you have received a subpoena to attend as a witness in this matter, your attendance is not required. Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the web site to confirm the date and time.
On September 30, 2013, defendant Jeffrey Mitchell pled guilty to the charges listed below. Any remaining counts will be disposed of at the time of sentencing. As a result of the guilty plea, there will be no trial involving this defendant.
Number of
Charges Description of Charge(s) Disposition
3 Securities Fraud Guilty
4 Securities Violations Guilty
1 Laundering of monetary instruments Guilty
1 Attempt and conspiracy fraud Guilty
4 Fraudulent interstate transactions Guilty
Jeffrey Mitchell plead guilty to Conspiracy to Commit Securities Fraud. This charge carries a maximum of 5 years in prison, but it is ultimately up to the Judge to determine his sentence.
The trial previously scheduled for defendant(s) Jeffrey Mitchell on April 29, 2014, 09:00 AM at LV Courtroom 6D, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd South, Las Vegas, NV 89101 has been cancelled. VNS will continue to provide you with updated case scheduling and event information.
Criminal charges in the case which involves defendant(s): Helen Bagley were dismissed on December 4, 2013. Since the charges have been dismissed, there are no longer any bail restrictions on the defendant's release. If you have any questions regarding this event, please feel free to call our office at the number listed above. The charges against this defendant were dismissed due to her death.
The sentencing hearing for defendant(s), Jeffrey Mitchell, has been set for July 10, 2014, 10:00 AM at LV Courtroom 6D, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd South, Las Vegas, NV 89101 before Judge Jennifer Dorsey. You are welcome to attend this proceeding; however, unless you have received a subpoena, your attendance is not required by the Court. If you plan on attending, you may want to verify the date and time by using the VNS Call Center or website. If you are a victim of the charged offense(s) and wish to speak at sentencing, please call our office well in advance of the scheduled hearing date.
A United States Probation Officer prepares a report for the Court and may contact you to discuss the impact the crime had on you financially, physically, and/or emotionally. If you are contacted, please make every effort to provide accurate and detailed information.
Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the website to confirm the date and time. Please note, there is a 24-hour delay in information transfer to the website.
Through the Victim Notification System (VNS) we will continue to provide you with updated scheduling and event information as the case proceeds through the criminal justice system. You may obtain current information about this case on the VNS website at
www.notify.usdoj.gov or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program.
The email address VNS currently has for you is XXXXXXXX.com. If this address is correct and you have not received an email from VNS within four days of the date of this letter, please check your junk/spam folder and accept emails from fedemail@vns.usdoj.gov. If the email address provided above is incorrect, please update the email address by accessing the VNS Web site. This email address has not been verified in VNS and future emails will not contain details about the nature of the notification. To receive subsequent emails with the full text of the notification you must verify this email address by accessing the VNS Internet web page using the login information provided above.
Once you have verified/updated your email address, most, if not all, future notifications will be provided by email and not by letter. If you do not verify your email address, VNS will continue (in most cases) to send letter and email notifications. However, when an email address is not verified, future emails will not contain details about the nature of the notification. In order to continue to receive notifications, it is your responsibility to keep your contact information current.
You will use your Victim Identification Number (VIN) 'XXXXXXX' and Personal Identification Number (PIN) 'XXXX' anytime you contact the Call Center and the first time you log into VNS on the website. If you are receiving notifications with multiple victim ID/PIN codes please contact the VNS Call Center. In addition, the first time you access the VNS website, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Barrett.
Remember, VNS is an automated system and cannot answer questions. If you have other questions which involve this matter, please contact this office at the number listed above.
Sincerely,
Daniel G. Bogden
United States Attorney
Debra Waite
Victim Witness Specialist
If you do not want to receive email notifications from the Victim Notification System (VNS) please log into the VNS Web site at
www.notify.usdoj.gov, select "My Information", remove your email address and click the "update" button. If you remove your email address, you will continue to receive letters from VNS except in those case which have large numbers of victims. To change your email address, select "My Information", provide a new address and click the "update" button.
If you do not want to receive any notifications in your case, select "Stop Receiving Notifications" and follow the instructions on the screen.
If you believe you have received this email in error, please contact the office listed at top of the email message.
Please note, if this is the first notification you have received from VNS you will need to wait 4-8 hours from receipt of this email before you can login to the VNS Internet site (https://www.notify.usdoj.gov). In addition, it will also be 4-8 hours before any documents which may have been uploaded to VNS as part of this notification are available under the "Downloads/Links" section on the Web page.
Please call the Victim Notification System (VNS) Help Desk at phone number 1-866-625-1631 for assistance and questions.
Attachments have been referenced with this notification and are available on the VNS Internet site (or will be available within 8 hours). After you log into the website select "Downloads/Links" to view the attachments.