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U.S. v. LEWIS

Nos. 08-1170, 08-1171.

594 F.3d 1270 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Charles LEWIS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Norman Schmidt, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 12, 2010.

Attorney(s) appearing for the Case

Jonathan S. Willett, Denver, CO, for Defendant-Appellant Charles Lewis.

Peter R. Bornstein, Law Offices of Peter R. Bornstein, Denver, CO, (Keyonyu X. O'Connell, Denver, CO, with him on the briefs), for Defendant-Appellant Norman Schmidt.

Matthew T. Kirsch and James C. Murphy, Assistant United States Attorneys, (David M. Gaouette, United States Attorney, with them on the brief), Denver, CO, for Plaintiffs-Appellees.

Before HARTZ, BALDOCK, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

I. INTRODUCTION

Norman Schmidt and Charles Lewis conducted a Ponzi scheme through a number of ostensible investment companies (the "scheme companies"). Prospective investors were told that they would be participating in an exclusive program that purchased high-yield notes whose principal was guaranteed by reputable insurers. But their money was never used to purchase such notes. Rather, funds...

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