Smiley Arrested

Jack Smiley was arrested on a criminal contempt of court charge on Friday, October 24, 2008. (See arrest record below. Click to enlarge.) The criminal contempt arises out of his refusal to produce the Dinars as ordered by the court. You can view the "in custody list" on-line here. Click on the Daily Inmate List link.

A hearing on contempt is set for Wednesday, October 29, 2008. At the hearing, Mr. Smiley will answer to the charge of contempt of court. He will either admit it, or deny it. If he denies, the charge will be set for trial. If contempt is proven, the judge can levy various fines and penalties, including additional jail time.

The hearing on Wednesday, October 29 may result in Mr. Smiley being released, or he could continue to be incarcerated. If Mr. Smiley appears and tells the court where he has placed the Dinars, and if he denies the contempt, Mr. Smiley could be released. Various different scenarios can play out, depending on what Mr. Smiley does and how the judge rules on several interim steps.

The Department is seeking to cause Mr. Smiley to produce the Dinars, and as soon as he does so he can be released from jail. As we say in legal circles, "the keys to the jailhouse are in his pocket." The Department is not seeking jail as a punishment for refusal, and is not likely to ask for a penalty of additional jail time.