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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America,

Plaintiff, 

v. 

Michael Lacey, James Larkin, 

Scott Spear, John Brunst, Andrew 

Padilla, and Joy Vaught, 

Defendants.

No. CR-18-00422-PHX-SMB

ORDER 

DRAFT PRELIMINARY JURY INSTRUCTIONS 

 

Dated 

 

Susan Brnovich 

United States District Judge 

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DUTY OF JURY 

Jurors: You now are the jury in this case, and I want to take a few minutes to 

tell you something about your duties as jurors and to give you some preliminary 

instructions. At the end of the trial I will give you more detailed instructions that 

will control your deliberations. When you deliberate, it will be your duty to weigh 

and to evaluate all the evidence received in the case and, in that process, to decide 

the facts. To the facts as you find them, you will apply the law as I give it to you, 

whether you agree with the law or not. You must decide the case solely on the 

evidence and the law before you. Perform these duties fairly and impartially. Do 

not allow personal likes or dislikes, sympathy, prejudice, fear, or public opinion to 

influence you. You should also not be influenced by any person’s race, color, 

religion, national ancestry, or gender, sexual orientation, profession, occupation, 

celebrity, economic circumstances, or position in life or in the community. 

Unconscious biases are stereotypes, attitudes, or preferences that people may 

consciously reject but may be expressed without conscious awareness, control, or 

intention. Like conscious bias, unconscious bias can affect how we evaluate 

information and make decisions. 

 

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THE CHARGE—PRESUMPTION OF INNOCENCE 

This is a criminal case brought by the United States government. The United 

States charges Defendants with conspiracy, violations of the Travel Act, and money 

laundering. The charges against Defendants are contained in the indictment. The 

charges against the defendant are contained in the indictment. The indictment simply 

describes the charges the government brings against the defendant. The indictment 

is not evidence and does not prove anything. 

Each defendant has pleaded not guilty to all the charges and is presumed 

innocent unless the government proves that defendant guilty beyond a reasonable 

doubt. In addition, each defendant has the right to remain silent and never has to 

prove innocence or present any evidence. 

To help you follow the evidence, I will now give you a brief summary of the 

elements of the crimes which the government must prove to make its case: 

Count 1 is conspiracy—the three elements of conspiracy are as follows: 

First, beginning in or around 2004, and ending on or about April 2018, there 

was an agreement between two or more persons to commit at least one Travel Act 

offense as charged in the indictment; 

Second, the defendant became a member of the conspiracy knowing of at least 

one of its objects, and intending to help accomplish it and 

Third, on or after March 28, 2013, one of the members of the conspiracy 

performed at least one overt act for the purpose of carrying out the conspiracy. 

Counts 2-51 are Travel Act counts—the two elements to support a Travel Act 

conviction are as follows: 

First, the defendant used the used the mail or any facility in interstate 

commerce with the intent to promote, manage, establish, carry on, or facilitate the 

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promotion, management, establishment, or carrying on, of any business enterprise 

involving prostitution offenses in violation of the laws of the State in which they are 

committed; and 

Second, after doing so the defendant performed or attempted to perform an 

act that did promote, manage, establish, carry on, or facilitate the promotion, 

management, establishment, or carrying on, of any business enterprise involving 

prostitution offenses. 

Further, you may find the defendants guilty of the Travel Act as charged in 

Counts 2-51 of the indictment if the United States has proved each of the following 

elements beyond a reasonable doubt: 

First, a member of the conspiracy committed the Travel Act offense as alleged 

in that count; 

Second, the person was a member of 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 conspiracy at the time the 

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. 

Count 52 is conspiracy to commit money laundering—the two elements of 

money laundering conspiracy are as follows: 

First, beginning in or around 2004, and ending on or about April 2018, there

was an agreement between two or more persons to commit at least one crime alleged 

in the money laundering conspiracy, and 

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Second, that the defendant became a member of the conspiracy knowing of at 

least one of its objects and intending to help accomplish it. 

Counts 53-62 are concealment money laundering—the three elements of 

concealment money laundering are as follows: 

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. 

Second, the defendant knew that the property represented the proceeds of some 

form of unlawful activity; and 

Third, the defendant knew that the transaction was designed in whole or in part 

to conceal and disguise the nature, the location, the source, the ownership, or the 

control of the proceeds of the specified unlawful activity. 

Counts 63-68 are international promotional money laundering—the two 

elements of international promotional money laundering are as follows: 

First, the defendant transported money from a place in the United States to or 

through a place outside the United States or to a place in the United States from or 

through a place outside the United States; and 

Second, the defendant acted with the intent to promote the carrying on of the 

specified criminal activity in the indictment. 

Counts 69-99 are transactional money laundering—the five elements of 

transactional money laundering are as follows: 

First, the defendant knowingly engaged or attempted to engage in a monetary 

transaction; 

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Second, the defendant knew the transaction involved criminally derived 

property; 

Third, the property had a value greater than $10,000; 

Fourth, the property was, in fact, derived from specified unlawful activity, that 

is promoting or facilitating the promotion of any business enterprise involving 

prostitution offenses; and 

Fifth, the transaction occurred in the United States. 

Counts 69-99 are transactional money laundering—the five elements of 

transactional money laundering are as follows: 

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; 

Fourth, the property was, in fact, derived from specified unlawful activity, that 

is promoting or facilitating the promotion of any business enterprise involving 

prostitution offenses; and 

Fifth, the transaction occurred in the United States. 

Count 100 is international concealment money laundering—the three 

elements of international concealment money laundering are as follows: 

First, the defendant transported money from a place in the United States to or 

through a place outside the United States; 

Second, the defendant knew that the money represented the proceeds of 

promoting or facilitating the promotion of any business enterprise involving 

prostitution offenses; and 

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Third, the defendant knew the transportation was designed in whole or in part 

to conceal or disguise the nature, location, source, ownership, or control of the 

proceeds of promoting or facilitating the promotion of any business enterprise 

involving prostitution offenses. 

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WHAT IS EVIDENCE 

The evidence you are to consider in deciding what the facts are consists of: 

(1) the sworn testimony of any witness; and 

(2) the exhibits which are received in evidence; and 

(3) any facts to which the parties agree. 

WHAT IS NOT EVIDENCE 

The following things are not evidence, and you must not consider them as 

evidence in deciding the facts of this case: 

(1) statements and arguments of the attorneys; 

(2) questions and objections of the attorneys, (questions can be used 

only to give meaning to the witnesses answer); 

(3) testimony that I instruct you to disregard; and 

(4) anything you may see or hear when the court is not in session 

even if what you see or hear is done or said by one of the parties or by 

one of the witnesses. 

 

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DIRECT AND CIRCUMSTANTIAL EVIDENCE 

Evidence may be direct or circumstantial. Direct evidence is a physical 

exhibit or the testimony of a witness who saw, heard, touched, smelled, or otherwise 

actually perceived an event. Circumstantial evidence is proof of a fact or facts from 

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 give to any evidence. 

RULING ON OBJECTIONS 

Admission of evidence in court is governed by rules of law. I will apply those 

rules and resolve any issues that arise during the trial concerning the admission of 

evidence. 

If an objection to a question is sustained, you must disregard the question and 

you must not guess what the answer to the question might have been. If an exhibit is 

offered into evidence and an objection to it is sustained, you must not consider that 

exhibit as evidence. If testimony is ordered stricken from the record, you must not 

consider that testimony for any purpose. 

Do not concern yourselves with the reasons for my rulings on the admission 

of evidence. Do not regard those rulings as any indication from me of the credibility 

of the witnesses or the weight you should give to any evidence that has been 

admitted. 

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CREDIBILITY OF WITNESSES

In deciding the facts in this case, you may have to decide which testimony to 

believe and which testimony not to believe. You may believe everything a witness 

says, or part of it, or none of it. 

In considering the testimony of any witness, you may take into account: 

(1) the witness’s opportunity and ability to see or hear or know the 

things testified to; 

(2) the witness’s memory; 

(3) the witness’s manner while testifying; 

(4) the witness’s interest in the outcome of the case, if any; 

(5) the witness’s bias or prejudice, if any; 

(6) whether other evidence contradicted the witness’s testimony; 

(7) the reasonableness of the witness’s testimony in light of all the 

evidence; and 

(8) any other factors that bear on believability. 

The weight of the evidence as to a fact does not necessarily depend on the 

number of witnesses who testify about it. What is important is how believable the 

witnesses are, and how much weight you think their testimony deserves. 

 

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CONDUCT OF THE JURY – THE ADMONITION 

I will now say a few words about your conduct as jurors, which I will call 

the Admonition. 

First, always wear your juror badge in and around the courthouse so that 

everyone will know you are on a jury. 

Second, keep an open mind throughout the trial, and do not decide what the 

verdict should be until you and your fellow jurors have completed your 

deliberations at the end of the case. 

Third, because you must decide this case based only on the evidence 

received in the case and on my instructions as to the law that applies, you must not 

be exposed to any other information about the case or to the issues it involves 

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 not let 

anyone else communicate with you in any way about the merits of the 

case or anything to do with it. This includes discussing the case in 

person, in writing, by phone or electronic means, via email, via text 

messaging, or any Internet chat room, blog, website or application, 

including but not limited to Facebook, YouTube, Twitter, Instagram, 

LinkedIn, Snapchat, or any other forms of social media. This applies 

to communicating with your fellow jurors until I give you the case for 

deliberation, and it applies to communicating with everyone else 

including your family members, your employer, the media or press, 

and the people involved in the trial, although you may notify your 

family and your employer that you have been seated as a juror in the 

case, and how long you expect the trial to last. But, if you are asked 

or approached in any way about your jury service or anything about 

this case, you must respond that you have been ordered not to discuss 

the matter and to report the contact to the court. 

Because you will receive all the evidence and legal instruction 

you properly may consider to return a verdict: do not read, watch, or 

listen to any news or media accounts or commentary about the case or 

anything to do with it[, although I have no information that there will 

be news reports about this case]; do not do any research, such as 

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consulting dictionaries, searching the Internet or using other reference 

materials; and do not make any investigation or in any other way try 

to learn about the case on your own. Do not visit or view any place 

discussed in this case, and do not use Internet programs or other 

devices to search for or view any place discussed during the trial. 

Also, do not do any research about this case, the law, or the people 

involved—including the parties, the witnesses, or the lawyers—until 

you have been excused as jurors. If you happen to read or hear 

anything touching on this case in the media, turn away and report it to 

me as soon as possible. 

The lawyers and parties have been given the same instruction about 

not speaking with you jurors, so do not think they are being unfriendly to 

you. When you go home tonight and family and friends ask what the case is 

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. 

These rules protect each party’s right to have this case decided only on 

evidence that has been presented here in court. Witnesses here in court take an 

oath to tell the truth, and the accuracy of their testimony is tested through the trial 

process. If you do any research or investigation outside the courtroom, or gain any 

information through improper communications, then your verdict may be 

influenced by inaccurate, incomplete, or misleading information that has not been 

tested by the trial process. Each of the parties is entitled to a fair trial by an 

impartial jury, and if you decide the case based on information not presented in 

court, you will have denied the parties a fair trial. Remember, you have taken an 

oath to follow the rules, and it is very important that you follow these rules. 

A juror who violates these restrictions jeopardizes the fairness of these 

proceedings and a mistrial could result that would require the entire trial process to 

start over. If any juror is exposed to any outside information, please notify the 

court immediately. 

At each break, I will not repeat this entire admonition, I will probably refer 

to it by saying “please remember the admonition” or something like that. 

However, even if I forget to make reference to it, remember that the admonition 

applies at all times during the trial. 

 

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NO TRANSCRIPT AVAILABLE TO JURY 

At the end of the trial you will have to make your decision based on what you 

recall of the evidence. You will not be given a written transcript of any testimony. 

You should pay close attention to the testimony as it is given. 

TAKING NOTES 

If you wish, you may take notes to help you remember the evidence. If you 

do take notes, please keep them to yourself until the end of trial when you and your 

fellow jurors go to the jury room to decide the case. Do not let note-taking distract 

you from being attentive. When you leave court for recesses, your notes should be 

left in the jury room. No one will read your notes. After you have rendered your 

verdict, Elaine will collect your notes and destroy them. 

Whether or not you take notes, you should rely on your own memory of the 

evidence. Notes are only to assist your memory. You should not be overly influenced 

by your notes or 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 applies to each defendant, disregarding any evidence admitted solely against 

some other defendants. The fact that you may find one of the defendants guilty or 

not guilty should not control your verdict as to any other defendants. 

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QUESTIONS BY JURORS 

If at any time during the trial you have difficulty hearing or seeing something 

that you should be hearing or seeing, or if you get into personal distress for any 

reason, raise your hand and let me know. 

If you have any questions about parking, restaurants, or other matters relating 

to jury service, feel free to ask one of the court staff. But remember that the 

Admonition applies to court staff, as it does to everyone else, so do not try to discuss 

the case with court staff. 

If you have a question about the case for a witness or for me, write it down, 

but do not sign it. When the lawyers are done examining the witness, I will collect 

any jury questions. 

If there is a question, the lawyers and I will discuss the question. The rules of 

evidence or other rules of law may prevent some questions from being asked. If the 

rules permit the question and the answer is available, an answer will be given at the 

earliest opportunity. When we do not ask a question, it is no reflection on the person 

submitting it. You should attach no significance to the failure to ask a question. I 

will apply the same legal standards to your questions as I do to the questions asked 

by the lawyers. If a particular question is not asked, please do not guess why or what 

the answer might have been. 

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BENCH CONFERENCES AND RECESSES 

From time to time during the trial, it may became necessary for me to take up 

legal matters with the attorneys privately, either by having a conference at the bench 

when the jury is present in the courtroom, or, by calling a recess. 

Please understand that while you are waiting, we are working. The purpose 

of these conferences is not to keep relevant information from you, but to decide how 

certain evidence is to be treated under the 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 

conferences to a minimum. I may not always grant an attorney’s request for a 

conference. Do not consider my granting or denying a request for a conference as 

any indication of my opinion of the case or what your verdict should be. 

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OUTLINE OF TRIAL 

The next phase of the trial will now begin. First, each side may make an 

opening statement. An opening statement is not evidence. It is simply an outline to 

help you understand what that party expects the evidence will show. A party is not 

required to make an opening statement. 

The government will 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. 

After the evidence has been presented, I will instruct you on the law that 

applies to the case and the attorneys will make closing arguments. 

After that, you will go to the jury room to deliberate on your verdict. 

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