ashe

Let me explain my points

First, the feds only plea bargain (offer a less than maximum sentence to avoid trial) to 1. save money, and 2. their case isnt air tight and they are afraid they may lose. If they have an air tight case (as I think they do) they are less likely to offer a bargain. Especially since ponzi schemes have become a problem and they want to make examples out of these people.

Second, if the feds wont offer a good bargain, there is no reason for Keith to not want a trial. He has nothing to lose by going to trial.

Now, for the hung jury part. It takes 12 jurrors in agreement to convict someone. Not a majority, but all 12. If just one feels there is enough doubt to vote not guilty, then its a hung jury and the defendant is aquitted. If this happens, the Feds can start over and reprosicute, but often they dont because its too expensive. The prosecution has to convince all 12 jurrors. The defense only has to make 1 jurror say, "well maybe he didnt do it"

Its not that I know any secrets. Its that I know odds. Making 1 person question is easier than making 12 believe. Because of this, and that I doubt a plea bargain is being offered by the feds, Keith's only shot is a trial. If you dont believe me, ask OJ, Robert Blake, and the Menedez Brothers.

I removed several posts that were off topic. Please restrict personal fights to PMs, so that it doesn't kill the thread.

fins....I am willing to tell you who I am if this dirt bag walks....do u know something the rest of us don't...and why do u keep talking bout hung jury???? It will never go to trial....I'll lay a bet on it!!!!

While everything looks like this should be a cut and dry case, just remember out of twelve jurrors, he just needs one to doubt his guilt. It only takes one to hang up a jury and get him aquitted.

I saw on Dateline the other night a guy who was doing a ponzi scheme, it sounded a lot like Keith Simmos, he took around 35 million, he got family and friends to talk their other family, friends and church goers into investing with him, he played the Godly card like Keith. He was telling them they were investing in coal mining and gold or something crazy like that. Again something to good to be true but people invested anyway. They reported that they gave him something like 32 years for taking 35 million, the case took about 2-3 years to be complete and the man still denies that it was a ponzi scheme and insisted that the gold deal was coming. Everything about this case sounded just like Keith Simmons, so my guess is, unless he has some feather under his hat to keep him out of deep do-do, which I highly doubt, then he is in for a long term in jail and deserves every second of it. Some of the investors with this other guy lost cars, homes, live savings, and even died. Sounds alot like what the Black Diamond investors experienced and are still experiencing.

I just read an article supporting your point. It said the feds are really sticking it to these ponzi scheme crooks. They sentenced a guy in tennessee 25 years....he took 15 million....after reading this article I understand your point fins. It appears the feds are fed up with these type of schemes....Looks like they are trying to come up with new mandates to moniter so called investment companies because this type of thing is happening so much around the country. It has really become an international problem. He could be looking at alot of time....unless as you say a miracle happens....

Im saying the odds for winning the lottery would probably be better, but his only shot is to take it to trial. I dont see that he has anything to lose by going to trial. I dont see the feds offering him a lesser sentence to plea out and save them time. They are looking to make examples of these cases

you may be right but I am pretty convinced that the odds of keith getting less than 15 years are slim to none. The prosecution will be very upset and the fbi will also push for the maxium sentence if he continues to plea his innonence and not comply with them....Its a hard call....but I tend to believe that he would be crazy to take this to trial. He is a dead duck either way as I think we both agree on that....it would take a miracle to get him out of this mess...no bond 35 million....the feds got his a@#... you may be right about some miracle hung jury....but if it goes to trial and convicted he will receive the max time....thats the nature of the beast....I guess time will tell....My opinion is he is dust in the wind no matter what!!!!

Well, a lot of those cases like I described had solid evidence. All it takes is a defense attorney that knows how to work the system, and one jurror with doubt. Drag it out long enough, get a hung jury, and the Feds usually dont try a second time. But, that usually requires a big expensive attorney, not some under paid public defender.

I am not as quick to agree that he will plea out. Unless they are offering him a pretty good deal to not waste tax money, there is no reason to. Being they seem to have a very solid case, and thanks to Madoff these cases are getting a lot of public scrutiney to hand out maximum penalties, I dont see them offering a deal. His best chance is to go to trial and hope for one sympathetic jurror.

Yea I guess its possible but My bet is the evidence is pretty solid and I still don't believe it will actually go to trial....From what I have read its routine to plead not guilty at the first appearence....My opinion is he would be stupid to waste any of the courts time and he will plea before he is actually tried by a jury....thats my guess. If he goes to trial it will not be a hard case for the prosecution to prove....My bet is that his lawyer will advise him to plea....Also if it goes to trial it will be a year or more before its all said and done...these federal trials take forever....thats my understanding of how it all works. I may be wrong

Actually Puz, the Feds have lost a lot of cases because the government couldnt justify the funds to keep fighting. One of the longest running mob cases was lost because the mobbster hired an attorney with cancer. half way through the tiral he died, and the feds couldnt afford to start over, as a new attorney would require. Same thing happens a lot if a jury is hung.

Being Keith has a public defender, and isnt paying an attorney to drag it out, the odds of this happen are slim. But it is possible. Especially if by some chance he can swing a hung jury.

I sure hope you're wrong on this one, Fins. He deserves to be punished for what he did to everyone. It sounds like the feds have really been on top of this - 50,000 documents with more to come! That's a lot of poop to shovel through!

the feds never give up....he will go down....i will bet anyone this?

Thanks for the info, Ashe Nomad.

Watch him end up skating this because of it jsut dragging out so long the Feds just have to give up.

50,000 documents...wow! Thanks for the info.

The govt has turned over more than 50000 documents to defense with more to come. Defense requested and the govt. agreed to the continuance to allow the defense to prepare.

Has anyone heard why the case has been continued?

The case was continued until June 7

Has anyone heard if Keith Simmons appeared in court today as scheduled, and if so, what happened?