State v. Ginter
300 P.3d 1278
| Utah Ct. App. | 2013Background
- Ginter formed Patriot Money Gifting Program (PMGP) to create an alternative monetary system using liberty coins.
- He framed his PMGP and beliefs around views that the Federal Reserve and IRS are criminal and aim for a cashless society; he claimed Federal Reserve notes cannot be redeemed for gold or silver and tied beliefs to Revelation about microchips.
- Ginter promoted PMGP on a radio show under the pseudonym Sherlock A. Collins, drawing in participants such as Samuel Vonn Harris.
- Harris invested about $105,975, recruited roughly 400 people, and lived with Ginter for years, receiving only about $3,000 in return, far short of the promised gains.
- Ginter was charged with communications fraud and organizing a pyramid scheme; the case featured a contested Allen-type jury instruction during deliberations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Instruction 46 coercive under the Harry test? | Ginter contends Instruction 46 coerced the holdout juror. | State argues the instruction was noncoercive under circumstances. | Instruction 46 was coercive under the circumstances. |
| Did the bailiff's communications amount to an Allen instruction? | Ginter asserts bailiff communications functioned as an extra Allen instruction coercing the jury. | State contends bailiff statements were not an Allen instruction. | Bailiff communications did not constitute an Allen instruction. |
Key Cases Cited
- Allen v. United States, 164 U.S. 492 (1896) (origin of Allen instructions)
- State v. Harry, 189 P.3d 98 (Utah Ct. App. 2008) (modified Allen coercive under circumstances)
- State v. Lactod, 761 P.2d 23 (Utah Ct. App. 1988) (ABA standards and verdict-urging considerations)
- United States v. McElhiney, 275 F.3d 928 (10th Cir. 2001) (coercion analysis for Allen-type charges; case-specific factors)