Temporary restraining order

The judge issued a temporary restraining order on August 22, 2008, that ordered Jack Smiley to turn over possession of the Dinars to either his lawyer or to the court. That TRO was continued in the judge's order grating the State's motion for summary judgement. The TRO also restrains Smiley from taking any action to cash in or sell the Dinars.

To date, Smiley has not turned over possession of the Dinars. The State has filed a motion to hold Smiley in contempt of court, and will seek sanctions designed to cause him to surrender the Dinars. The motion is set for hearing on September 23, 2008.

Summary Judgment granted

On August 28, 2008, the judge granted the State's motion for summary judgment "in all aspects."

The State seeks various forms of relief, including appointment of a receiver, restitution to investors, and others. The judge also ordered "that for plaintiff to obtain a judgment, the State must notice a hearing on remedies/damages within the next sixty (60) days. In the interim, the Amended Temporary Restraining Order will remain in effect."

The Amended TRO orders Defendant Jack Smiley not to sell, transfer or dispose of the Dinars at issue.

A copy of the Order Granting Summary Judgment can be seen here.

Status 31 July 2008

Judge Mitchell heard argument on two motions to strike affidavit testimony, and on the summary judgment motion filed by the State.

Judge Mitchell refused to strike the Affidavit of Jack Smiley. He also refused to strike the Affidavit of Timothy Martin, though he did limit use of a few of the sentences in it. He allowed in all exhibits attached to the Martin Affidavit.

Judge Mitchell listened to the summary judgment arguments and took the case under advisement. Rulings on such motions, particularly complex ones such as this, do not come swiftly. A ruling could well take 30 days or more.

You can read the State's summary judgment memorandum here.

Summary Judgement

The State filed for Summary Judgment on May 22, 2008. The hearing on the motion for summary judgment is set for July 28, 2008. The brief in support of the motion will be posted on this site once a conformed copy is received back from the court.

Cease and Desist Order

The Idaho Department of Finance issued a Summary Cease and Desist Order to Jack Smiley on June 2, 2005, relating to many of the same transactions alleged in the Department's complaint. Click the link on the right to view the Order.

Dinar count

On November 19th, 2007, I and a Department investigator traveled to Coeur d'Alene, Idaho and counted Iraqi Dinars (IQD) in the possession of Mr. Smiley. The notes are primarily in 25,000 Dinar denominations. We counted 1,264,420,000 IQD. Pictured below is about half of the notes.

First post

This blog will be updated periodically to keep persons interested in the civil lawsuit against Jack Lee Smiley informed. Upcoming significant events will be posted under the Events sidebar to the right.

The case is currently in the discovery phase. Mr. Smiley's deposition has been taken. The State is gathering documents in an effort to prove the case.

There will not be a significant occurance for several months, until the discovery phase is complete.