Daniel Smith trial closing arguments

8/20/2019 Daniel Smith trial closing arguments

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,

Plaintiff,

vs.

LOUIS DANIEL SMITH, also knownas Daniel Smith, also known asDaniel Votino,

Defendant.

)

))))))))))

Case No.

2:13-CR-00014-RMP-1

May 26, 2015Spokane, Washington

Jury Trial - Day 6

Pages 1 - 103

BEFORE THE HONORABLE ROSANNA MALOUF PETERSON

CHIEF UNITED STATES DISTRICT COURT JUDGEAPPEARANCES:

For the Plaintiff: Mr. Christopher E. ParisiMr. Timothy FinleyAssistant U.S. AttorneysLiberty Square Bldg, Room 6400450 Fifth Street NWWashington, DC 20530

For the Defendant: Mr. Matthew A. CampbellFederal Defenders of EasternWashington and Idaho10 North PostSuite 700Spokane, Washington 99201

Official Court Reporter: Ronelle F. Corbey, RPR, CRR, CCRUnited States District CourthouseP.O. Box 700

Spokane, Washington 99210(509) 458-5283

Proceedings reported by mechanical stenography; transcriptproduced by computer-aided transcription.



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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI

33

consider Question 1 below. If you find him "Guilty," then you

answer Question 1: We, the Jury, having found the defendant,

Louis Daniel Smith, guilty of Count 5, unanimously find beyond a

reasonable doubt that the defendant, Louis Daniel Smith, acted

(check the appropriate box): Without intent to defraud or

mislead or with intent to defraud or mislead.

Count 6: We, the Jury, unanimously find beyond a

reasonable doubt that the defendant, Louis Daniel Smith, "Not

Guilty" or "Guilty" (circle one) of the offense of fraudulentlyimporting merchandise (Sodium Chlorite) into the United States,

as charged in Count 6.

Then there's a place for the presiding juror to sign the

verdict form.

Mr. Parisi, it's ten to 10:00. Would you like to make your

closing argument?

MR. PARISI: Yes, your Honor.

THE COURT: All right. And can you just show

Mr. Campbell what exhibit you're displaying there?

MR. CAMPBELL: Thank you.

THE COURT: Okay.

MR. PARISI: May I proceed, your Honor?

THE COURT: Yes, you may.

MR. PARISI: Arrogance. That's the word that best

describes this case. This is a case about the defendant's

arrogance. He lied to get what he wanted, he thought he was



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above the law, and he thought he got to decide what was safe for

everyone else. This case is about his lies, his arrogance, and

his fraud.

It's also about the defendant's obsession with making money

by selling a dangerous chemical as a cure for disease.

So what is the Miracle Mineral Supplement? According to

Jim Humble's book, it's the most powerful killer of disease that

has ever been known. But you don't have to take Jim Humble's

word for it. Take Larry Smith's. He's the defendant's father.Larry Smith wrote the "MMS for Newbies" pamphlet. He said MMS

would have a beneficial impact on diseases like HIV/AIDS,

hepatitis, typhoid, cancers, herpes, pneumonia, tuberculosis,

arthritis, asthma, seasonal flu, even bird and swine flu.

You can drink MMS. You can rub it on your skin. You can

use it in an enema.

Who can use it? Practically anybody. The very ill, the

elderly, the young, even pregnant women and babies if it's an

emergency.

There are some side effects, and the defendant's father

tells us about those. On Page 12 of his Newbies pamphlet, if

you notice diarrhea or even vomiting, that is not a bad sign.

The body is simply throwing off poisons and cleaning itself out.

Everyone says that they feel much better after the diarrhea.

You do not have to take any medicine for the diarrhea. It will

go away as fast as it came. It will not last. It is not real



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diarrhea as the body is just cleaning out, and it is not caused

by bacteria or virus. When the poison is gone, the diarrhea is

gone. Members of the jury, that's what MMS is. It's poison.

So how did the defendant run his MMS business? Well, he

included only his closest friends and family, the people he

trusted the most. His wife, Karis Delong; his brother-in-law,

Matthew Darjany; his father, Larry Smith. His dad was one of

the key members of Project Greenlife.

And you heard about all of his other close friends,Chris Olson and the others. And what did the defendant's good

friend, Chris Olson, say about Project Greenlife and the

defendant and this MMS business? You'll remember Chris Olson

said, quote, He was the man. And, quote, he was PGL.

Chris Olson also told you, quote, MMS was PGL.

And, for a while, the MMS business was good; and you saw

the emails between the defendant and other people where he

talked about grossing $120,000 a month. And he emails between

him and his father where they discussed and planned become the

Six Million Dollar Men. But the problem with the booming MMS

business is that certain people start to notice, they become

concerned, and they start to ask questions.

So what did the defendant do when people asked him

questions about Project Greenlife? Your Honor, if we may

publish?

THE COURT: Yes.



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MR. PARISI: We're going to look at Government's 217.

Government's 217 is the email sent to the defendant when he

registered pglwater.com back in 2008.

So what did the defendant do when people asked him

questions about his business? It's very simple. He lied. This

is the lie that the defendant sent to Norman Dodson when

Norman Dodson started asking questions. It's the same lie

that's on the bottle of every -- every bottle of MMS the

defendant shipped. "Water purification." That's the lie thedefendant told to fool the FDA.

But his lies didn't fool everyone. Let's look at

Government's 268. This is a letter that was sent by a man named

Robert Bower at OxyChem very early in 2008. He sent this letter

to Brenntag and the defendant's friend, Jeff Jacobson, sent it

to him. And Mr. Bower made it very clear that MMS was dangerous

and that it violated federal law. And, even though the

defendant was told that he was violating federal law, he did not

stop.

The defendant didn't fool Norman Dodson, the very first

witness you heard from in this trial. This is the letter

Mr. Dodson sent in December of 2008. Again, he told the

defendant that his product was dangerous and that the defendant

was violating federal law by selling it. And, despite this

crystal clear warning, the defendant still did not stop.

Later, Jim Humble forwarded an email to the defendant and



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that email contained something called an FDA warning letter.

The beginning of 2009 the defendant got that warning letter.

That warning letter concerned another MMS distributor, and that

warning letter made it very clear that selling MMS with Jim

Humble's claims and protocols violated the law. Again, despite

receiving a clear warning that his actions violated the law, the

defendant still did not stop.

The Italian government wasn't fooled by the defendant. You

saw the email sent to the defendant where one of his customerscomplained that the Italian government had seized the

defendant's MMS. And you saw other emails between the defendant

and some of his coconspirators, like, Tammy Olson, where they

described the Canadian government having similar concerns.

Despite receiving word that other governments had a problem with

his product, the defendant still did not stop.

We fast forward to July of 2010. The FDA puts out its

first news release, and the FDA told the world about very

potential -- very serious potential harm caused by the

defendant's product. The FDA told the world it was dangerous,

and the FDA made it clear that it would pursue criminal

enforcement against those people who sold MMS. And, even though

the defendant saw this and he sent it to his friends and his

coconspirators, he still did not stop.

You heard testimony from Elizabeth Miller. She was the FDA

employee who took the stand, and she told you about a series of



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phone conversations she had with one of the defendant's lawyers,

a woman named Nancy Lord. Those calls took place in August of

2010. And Ms. Miller told you that she made it very clear to

Nancy Lord that the defendant himself was violating the law,

that what he was doing was illegal; and you saw the emails where

the defendant told all of his coconspirators that he got that

message. Fifteen agents were on the phone. They were accusing

him of selling an unapproved new drug. He got the message, and

yet he still did not stop.In October of 2010, the FDA put out another news release,

again, telling people that the defendant's product was

dangerous. And, again, the FDA said that they would take

enforcement action against people like the defendant who didn't

stop selling MMS.

And, even though, again, he got the message, he still did

not stop.

How many times did they have to tell him that what he was

doing was dangerous, and how many times did they have to tell

him that what he was doing was illegal?

They told the defendant seven times that what he was doing

was dangerous and legal -- and illegal. Did he stop? No, he

didn't.

And, even when the FDA knocked on his door -- remember FDA

employee Jessica Clark? She literally knocked on the

defendant's front door. He still didn't stop.



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Remember Ms. Clark's testimony when she went to

Chris Olson's place at Longfellow Road to try to find MMS, to

try to talk to the defendant? What happened? The defendant's

brother-in-law told her to take a hike, told he she wasn't

welcome to search, and that she wasn't welcome there. And she

did. She left. She took a hike, but not before she left her

business card. That's Government's 49.

Now, the defendant may not have been at Longfellow that

day; but he got message. He knew the FDA was looking for him.And you'll remember, during cross examination, Mr. Campbell

asked Jessica Clark if she was certain that this was the

business card she left that day; and she hesitated. She wasn't

certain because her business cards all look the same. So she

couldn't be certain this was the very same business card.

But we can be certain because we know this business card

was found in the defendant's house. Do you remember when

Special Agent Borden testified about the search warrants at the

defendant's house, and she told you where this business card was

located. It was in a folder with two other pieces of paper. Do

you remember what they were? One of them was the Notice of

Inspection from Mailstream, a private document that the

defendant would not have received; but he got his hands on it.

Again, he got the message the FDA was looking for him; and yet

he still didn't stop.

But it's that second piece of paper that was in the folder



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with Jessica Clark's business card. That's the most damning of

all. That was a printout of the Food, Drug, and Cosmetic Act,

the very same statute, misbranded drugs, that the defendant is

charged with today. He knew the FDA was looking for him, and he

knew why they were looking for him; and yet he still didn't

stop.

Did Jessica Clark and Barbara Breithaupt and all the other

FDA employees -- did they deter the defendant in any way? They

didn't. All he did was draw his circle of trust closer.Mailstream was out so he needed someone new to ship. His

brother-in-law, Matthew Darjany, became the new Mailstream.

But who to manufacture? Who was going to replace American

Nutraceuticals? Where could he trust that he could build his

drug, manufacture his drug? Who could he trust?

What location did the defendant choose? He chose Chris

Olson's facility on Longfellow Road.

You're looking at the bottling room. This is where Chris

Olson manufactured the defendant's drug for him. This is the

location the defendant chose. It's in this disgusting, filthy

room where the miracle cancer cure was bottled. It was bottled

by hand by Chris Olson who told you that he used a metal pipe or

piece of wood that he found in the shop to mix it.

The defendant never registered this facility, and you can

look at the photograph and tell that. There's no chance he

could have registered this facility. And is it any surprise



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that David Jackson, the FDA expert, found that the levels of

Sodium Chlorite in the defendant's product were so much higher

than what the label said? Were there any controls in this

facility?

This photograph is why drug manufacturers need to be

registered.

So let's look at the Sodium Chlorite tank that Chris Olson

had at his place. This is the giant tank of liquid Sodium

Chlorite that Chris Olson used to manufacture the defendant'sdrug for him. How did that tank get to Chris Olson? Well,

you'll recall he said it came on a truck; but it was the

defendant's lies that paved the way. PGL Wastewater Systems,

the biggest lie the defendant ever told. That's a company that

never existed, that had no employees, and did no wastewater

work.

That's a lie the defendant created when Norman Dodson

started asking questions when OxyChem and Brenntag shut down his

Sodium Chlorite shipments. And, unfortunately, that lie served

its purpose because our country is defended in large part by a

system that requires trust. Kathy Raymond told you that it's

impossible to look at every single package that comes over our

borders. It's impossible to do a full investigation. And the

only way the system functions is if there is trust. Trust that

the people bringing chemicals and other products into our

country tell the truth. We have to trust that they will fill



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out the paperwork appropriately and correctly. Otherwise, the

system simply doesn't work.

And Kathy Raymond told you that the tariff codes on the

shipments of the defendant's product didn't give her enough

information. She had to do more investigation. She had to look

and determine what the end use was to decide whether this was an

FDA product, whether it needed to be flagged, and whether it

could be diverted and inspected by the FDA. Kathy Raymond had

to trust the defendant.Unfortunately, the defendant lied again and again and

again. He used his biggest lie. PGL Wastewater Systems. So

let's look at the paperwork he used to bring that Sodium

Chlorite tank into the country. Government's 108. You can see

the destination of that tank. It's Chris Olson's place, Belair

Composites on Longfellow Road; and right there, front and

center, is the defendant's name. This was his product. He

brought it into the country.

Let's look at some other pieces of paper to see if there's

any hints as to what this product was supposed to be used for.

What would Kathy Raymond see when she conducted her

investigation? Right there (indicating) "odor control."

Another lie. This product was never used for odor control. It

went into MMS, the miracle cancer cure.

And, if Kathy Raymond were to dig deeper and look for more

hints and see if the paperwork supported that, the very last



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page says, "This product is intended for use in a chlorine

dioxide generator."

Even if Kathy Raymond did all of her homework, Googled

everything, asked around, and did all of the research, all of

the defendant's lies fit together. They ensured that product

would get over the border, get here in Spokane where he could

make his drug.

You'll remember Chris Olson had no idea what a chlorine

dioxide generator was, and he certainly didn't own one yet thisproduct was supposed to be going to him for use in something

he'd never heard of.

Norman Dodson had heard of a chlorine dioxide generator.

He told you that was a large, sophisticated piece of machinery

used in wastewater treatment; something the defendant didn't do.

It's another lie.

And it's the defendant's lies that bring us here today. He

sits here charged with a number of different crimes as the judge

just told you, and I want to talk about each of those in turn.

First, let's talk about smuggling. And you'll see on your

screen, and as the judge just instructed you, there's a number

of elements. That giant tote tank of Sodium Chlorite at Chris

Olson's facility. That's merchandise, and it's the defendant's

merchandise. His name was on the shipment, and it was his

company that bought it.

And he brought it here contrary to law. It was brought



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here contrary to law because it was intended for use as an

ingredient in a misbranded drug, one that had no approval from

the FDA. And, as we just looked at, the defendant lied time and

time again to get that product over the border.

Now, during cross examination in the defense case,

Mr. Campbell made it clear that the paperwork was filled out by

someone named Stan Nowak; and that may be true. But, remember,

it was the defendant and Joe Lachnit who called Stan Nowak to

get more Sodium Chlorite when they were shut off by U.S.chemical supplier. And the defendant knew that Stan Nowak was

an MMS seller just like him.

As the judge just instructed you, the defendant is

responsible for the acts of his coconspirators. In essence,

when you're in crime together, you're on the hook together.

That makes sense. So, when you look at this paperwork, the lies

that were told on the paperwork to bring the defendant's Sodium

Chlorite into the country, remember that. Even though Stan

Nowak may have filled it out, he did it at the defendant's

request; and he used the defendant's lies. The defendant is

just as guilty as Stan Nowak is.

The next crime the defendant is charged with is called

Misbranding or Misbranded Drugs; and, again, there's a number of

elements.

Counts 2 through 4, as you'll see on your verdict slip,

those relate to the controlled buys the Special Agents testified



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about. The first one was Mike Baxter. You'll remember his

testimony. And the last two were conducted by Lisa Hartsell,

another Special Agent.

Count 5? That refers to the package of 30 bottles that

Inspector France Bega used at the post office here in Spokane.

The first three controlled buys -- they went in interstate

commerce, and you know that because the postmarks show it; that

they started here in Spokane, and they were received in

California. And you also heard testimony from Allan McEachernof Mailstream and Matthew Darjany that they shipped products all

over the United States for the defendant. That's interstate

commerce.

And Count 5, that box that Inspector Bega seized from the

post office here in Spokane? It never had a chance to cross

state lines, but that doesn't matter because the defendant or

one of his conspirators put that at the post office with an

address in Montana. They intended for it to go in interstate

commerce, and they don't get a pass just because the postal

inspector seized it before it went on its way.

Next, you have to decide whether MMS was a drug; and you're

not bound by the sticky label right on the bottle. If you were,

it would be very easy for people like the defendants to get away

from the -- with their crimes. As the judge just told you, you

look at the entire picture. You look at what's on the bottle,

you look at what's shipped with the package, you look at what



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the -- you look at what the defendant said about his product.

You get to consider all of his emails and all of the things all

of his coconspirators said.

And, when you look at that, when you look at the Newbies

pamphlet that his dad wrote and that he included in every single

shipment, that tells you what the defendant intended. This

wasn't water purification. These books and pamphlets don't say

anything about water purification. They talk about curing

disease. That's what makes MMS a drug.Don't get tripped up about the difference between a

component and a drug. As you'll remember from Government's 12,

the defendant's rebuttal letter that went with some of the

shipments, he talked about hoping that you or a judge or other

people would get tripped up and think, well, is Sodium Chlorite

a component, is it a drug, what is that? Again, our system is

built on trust. We have to trust drug manufacturers to use safe

ingredients in their product, and it's impossible to test

everything that goes out the door. But, to ensure that we can

trust people who make drugs and that we can trust the safety of

the end ingredients, the law views components and ingredients

the same as the final product. So it doesn't matter whether

Sodium Chlorite is simply an ingredient in a drug or whether it

is the drug itself. Under the law, you look at it as if it's a

drug. That makes sense. So don't get tripped up on that issue.

We know that the defendant's MMS was misbranded. It was



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misbranded because it was manufactured in facilities that

weren't registered. His first manufacturer was American

Nutraceuticals, and Elizabeth Miller was asked whether that

facility was ever registered; and she told you, no, it was not.

And we've looked at the pictures of Chris Olson's place. He

told you it wasn't registered. And, even if he didn't tell you

that, you can tell just from looking at the photograph.

Finally, you have to decide whether the defendant acted

with the intent to defraud. The best way to decide that is tolook at his own words, his emails. And let's look at a series

of emails between the defendant and Jeff Jacobson back in

February of 2009. The defendant needs Sodium Chlorite rather

badly, and he's asking Jeff Jacobson how to do that without any

hassles. He wants this to be off the record. What does Jeff

Jacobson say in response? He encourages the defendant to create

a new company to bypass OxyChem and Brenntag's system locks, and

he encourages to put it in someone else's name.

So what does the defendant do? He asks for some

clarification. He wants to know what he needs to satisfy

OxyChem and Brenntag's requirements for a, quote, new company.

Mr. Jacobson tells him: All we need is the name of a company, a

contact, and an address. Did the defendant follow those

instructions? Did he create the new company? We know he did.

Shortly after that email, he says he'll go to work. He

tells the defendant Wastewater Systems will be placing an order



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shortly, and he provides a website. A website that he should

have up by then. A company and a website that didn't exist.

If we look forward to see what the defendant did next, he

had to create that website, start to create that fake company.

So he bought the domain name wastewatersys.com. He sent that

email confirmation to his coconspirator, Joe Lachnit, because

Joe Lachnit was going to be the contact for the fake company.

He was going to place the order.

Next, the defendant went a step farther to ensure his liewould last. He created a fake website. He created a fake email

address. He had to make sure all of his lies fit together so

that they wouldn't get caught. He created Joe Lachnit a fake

email address, and he sent it to him to help him place the

Sodium Chlorite order.

Finally, you saw a series of emails between Joe Lachnit and

Jeff Jacobson where Joe Lachnit used that fake email and that

fake website and fake company in an attempt to buy more Sodium

Chlorite.

Members of the jury, in the course of two days between

February 23rd and February 25th, 2009, the defendant created an

entirely fake company, a fake website, and a fake email address

to support that. And he did that to buy Sodium Chlorite. There

is no clearer evidence that you will ever see that the defendant

acted with intent to defraud than his emails and website

registrations that we just looked at.



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And there is no legitimate or legal explanation for this.

The only explanation for what the defendant did in February of

2009 is that he had the intent to defraud. He intended to

deceive OxyChem, he intended to deceive the FDA, and later he

intended to deceive the U.S. Customs and Border Patrol. This is

why the defendant is guilty of Misbranding.

Finally, the defendant is charged with conspiracy. That

requires an agreement between two or more people. It's

basically a partnership in crime. There are any number ofpeople the defendant conspired with throughout this scheme. His

dad, his wife, Chris Olson, Joe Lachnit, Tammy Olson, Jim

Humble, and many others. He agreed with all of them. Some he

agreed to manufacture with. Some helped him hide his activities

from the FDA. Some helped him get the word out about what this

product was really for by writing books and promoting it. And

you saw the emails where the defendant communicated with each of

those people. You saw his agreements.

As far as defrauding the FDA and obstructing their lawful

functions, you heard from Matt Darjany. He yelled at Jessica

Clark, told her to leave the property, to stop looking around.

You heard testimony from Chris Olson about hiding product that

had been stored at Mailstream at his facility, hiding it from

the FDA. Jessica Clark told you about her efforts and how they

were frustrated by the defendant and his coconspirators. And

you heard from France Bega, the postal inspector. During the



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search warrant at the defendant's house, he had the defendant's

wife's iPhone in his hand; and the defendant wiped it clean.

There was no way to recover any evidence from that.

Those are just several of the examples of obstruction that

you've seen in this case. And the crimes the defendant agreed

with his coconspirators to commit are the crimes we just talked

about, Misbranding and Smuggling.

To find the defendant guilty, you have to find he or one of

his coconspirators committed an overt act; and the judge justread you a list of all of them. There were eight, and I'll just

hit them briefly.

The first we've just seen. That was Government's 217.

That was the registration of pglwater.com.

There was a wire transfer to American Nutraceuticals.

That's Government 168, and that one may have slipped past you

during the trial. You'll remember Dulce Marroqui, the employee

from Bank of America who testified briefly? She introduced two

wire transfers. Government's 168 was the transfer of almost

$5,000 to American Nutraceuticals. You'll be able to look at

that. It's in evidence.

We just looked at the defendant's registration of

wastewatersys.com. That's another overt act. That's Government

81.

On March 3rd of 2009, the defendant and Joe Lachnit ordered

Sodium Chlorite from Stan Nowak.



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Government 169 is another wire transfer that Ms. Marroqui

introduced. That's the payment.

Government 86 is the series of emails you'll recall between

the defendant, Joe Lachnit, and Stan Nowak where they placed

that order.

And the remaining overt acts? Those are the controlled

buys and the 79 packages that the defendant or one of his

coconspirators left at the post office here in Spokane.

We've proven every single overt act clearly anddefinitively; but, remember, you only have to agree on one to

find the defendant guilty.

So what does a conspiracy look like? How do you know it

when you see it?

Well, it looks an awful lot like the phone list in front of

my podium. You can see on there everybody who was anybody

involved in selling MMS, the illegal misbranded drug.

PGL International right at the top. That's the real

conspiracy. And the first name listed on the left-hand side is

Jim Humble, and first name listed on the right-hand side is the

defendant. And you'll see many of the other coconspirators that

you heard about throughout this trial listed on there with their

phone numbers. That's what a conspiracy looks like.

A conspiracy also looks like Government 214, the emails

between the defendant and his father way back in the beginning,

October of 2007, the very beginning of this entire conspiracy.



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The defendant and his father discussed the way they're going to

get rich. They're going to become the Six Million Dollar Men.

They're going to commit the crime of Misbranded drugs, and they

have an agreement. They also agree that they're going to

obstruct the FDA. Even back in 2007, the defendant knew that

the FDA was going to be an issue.

So what does the defendant do? How do they agree to

obstruct the FDA: Dad, you write the book. I'll make the

product. That way the goons with machine guns can't stop us.That's what conspiracy looks like.

So what does a conspiracy sound like? Well, it sounds an

awful lot like the phone call between the defendant and Joe

Lachnit and Stan Nowak. We don't have a recording of that

phone, and we'll never be able to say exactly what was said.

But we've seen emails and we've heard testimony and we have a

pretty good idea. Just imagine you were listening in on that

phone call. What would you hear? You'd hear the defendant

asking Stan Nowak for Sodium Chlorite because he'd just been cut

off by Brenntag and OxyChem. Remember, that all happened right

before they called Stan Nowak. That's the reason they called

him.

Maybe you'd hear Stan Nowak express some sympathy. He was

an MMS distributor just like the defendant so he'd understand

the difficulties the defendant faced.

You'd hear those three talk about the best way to get



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Sodium Chlorite into our country, about how to do it, how to get

it past Customs, how to get it past the FDA, and that's where

the defendant's big lie would come in, PGL Wastewater Systems.

You saw all the emails. You saw the customs forms. That name's

all over them.

That's not a company name that Stan Nowak would have known.

The company didn't exist after all. There's no way Stan Nowak

knows about PGL Wastewater Systems unless somebody tells him.

So who told Stan Nowak PGL Wastewater Systems? Who told StanNowak to put that information on the customs forms? I'll bet

it's the guy sitting behind me who lies to get what he wants.

That's what a conspiracy sounds like. If we take a step

back away from the details of the law and the evidence that

we've seen over the past week or so, you'll remember the emails

-- and we've seen a few of them just now -- where the defendant

described the hassles and hang ups of getting Sodium Chlorite,

hurdles to jump over his coconspirators talked about, getting

product into other countries.

Members of the jury, this defendant views a law that's

designed to protect our health and safety as a "hang up" and a

"hassle."

It's the defendant's arrogance that propelled him forward,

and it's his lies that helped him run his business. He knew

what he was doing was wrong, and you know that because guilty

minds do guilty things. Guilty minds don't pay taxes on



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hundreds of thousands of dollars of illegal income because they

can't. And guilty minds do things like take a vocation, as

Chris Olson called it, to the jungles of Ecuador right after

search warrants are executed here in Spokane.

The defendant tried to avoid arrest. He tried to avoid

this very day, but it didn't work because Agent Borden caught

him. She wasn't fooled by him. He didn't fool her with his

lies. Don't let him fool you. Find him guilty of all the

crimes he's charged with. Thank you.THE COURT: Ladies and gentlemen, I think it would be

appropriate to take the mid-morning break at this time. We will

resume in about 15 minutes. All rise for the jury.

(Jury out at 10:25 a.m.)

THE COURT: Court is in recess.

(Court recessed at 10:25 a.m.)

(Court reconvened at 10:40 a.m.)

THE COURT: Please be seated. Any issues before we

bring in the jury?

MR. PARISI: No, your Honor.

MR. CAMPBELL: I don't believe so.

THE COURT: All right. Ms. Curtis.

(Jury in at 10:40 a.m.)

THE COURT: All rise for the jury. Please be seated,

and now we will hear closing argument by the defense.

Mr. Campbell.

Daniel Smith trial closing arguments

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Transcript of Daniel Smith trial closing arguments