Johnson has maintained his innocence throughout the civil and criminal cases. He was originally charged with one count of mail fraud in connection with iWorks. He spent three months in jail after his arrest in June 2011. His family and friends put up a $2.8 million property bond to free him pending trial.
Prosecutors did not seek to detain Leavitt, Payne, Riddle or Johnston pending trial. Warner ordered them to surrender their passports, remove any guns from their homes and to have no contact with each other.
Sniping among prosecutors and defense attorneys began shortly after Warner accepted the not guilty pleas from the five men, who also are named in a FTC complaint filed in December 2010. At issue is access to evidence that could be pertinent to both the criminal and civil cases.
Warner said he doesn't want the two cases blending together, noting he has no control over the FTC matter.
"If it were in my power, I would stay the civil case until the outcome of the criminal case," he said.
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