Post-judgment

Judgment was entered against Jack Smiley on September 23, 2008. The judgment ordered that Smiley make restitution in the amount of $1,195,009, it imposed penalties in the amount of $140,000, and it appointed the Idaho Department of Finance as receiver. You can read the judgment here.

As of this post, Mr. Smiley has not surrendered the Dinars as he was ordered to by the Court, but the Department will continue to try to recover the Dinars.

Having obtained judgment through a motion for summary judgment, the case is no longer set for trial. The summary judgment took the place of the trial. The judge ruled, in essence, that Defendant Smiley could produce no facts that would indicate he could win at trial. The judge looked at the facts produced by the Department and decided that the Department had proved its case, and entered judgment accordingly.

The Department will now shift its focus to collecting restitution.