Joe Sweet and Jack Mallone

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Demosthenes
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Joe Sweet and Jack Mallone

Postby Demosthenes » Mon May 11, 2009 3:08 pm

Demo.

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Demosthenes
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Re: Joe Sweet and Jack Mallone

Postby Demosthenes » Mon May 11, 2009 6:49 pm

U.S. District Court
Middle District of Florida (Tampa)
CRIMINAL DOCKET FOR CASE #: 8:08-cr-00381-SCB-EAJ All Defendants

Case title: USA v. Sweet et al
Date Filed: 09/16/2008

--------------------------------------------------------------------------------
Assigned to: Judge Susan C Bucklew
Referred to: Magistrate Judge Elizabeth A. Jenkins

Defendant (1)
Joseph Nelson Sweet represented by Alec Fitzgerald Hall
Federal Public Defender's Office
Suite 2700
400 N Tampa St
Tampa , FL 33602-4726
813/228-2715 Ext. 126
Fax: 813/228-2562
Email: Alec_Hall@FD.Org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Dionja L. Dyer
Federal Public Defender's Office
Suite 2700
400 N Tampa St
Tampa , FL 33602-4726
813/228-2715
Fax: 813/228-2562
Email: dionja_dyer@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Adam Benjamin Allen
Federal Public Defender's Office
Suite 2700
400 N Tampa St
Tampa , FL 33602-4726
813/228-2715
Fax: 813/228-2562
Email: adam_allen@fd.org
ATTORNEY TO BE NOTICED

Pending Counts
Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
CORRUPT OR FORCIBLE INTERFERENCE
(2s)
CRIMINAL CONTEMPT
(3s-4s)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

--------------------------------------------------------------------------------
Assigned to: Judge Susan C Bucklew
Referred to: Magistrate Judge Elizabeth A. Jenkins

Defendant (2)
Jack Lee Malone

Pending Counts
Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

--------------------------------------------------------------------------------

Surety
Judith Sweet

--------------------------------------------------------------------------------

Plaintiff
USA represented by Cherie L. Krigsman
U.S. Attorney's Office
400 N. Tampa St., Suite 3200
Tampa , FL 33602
813/274-6000
Fax: 813/274-6103
Email: cherie.krigsman@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
09/16/2008 1 INDICTMENT returned in open Court as to Joseph Nelson Sweet (1) count(s) 1, Jack Lee Malone (2) count(s) 1. (LYB) (Entered: 05/08/2009)
09/16/2008 2 MOTION to Seal Indictment and Related Documents by USA as to Joseph Nelson Sweet and Jack Lee Malone. (LYB) (Entered: 05/08/2009)
09/16/2008 3 ORDER granting 2 Motion to Seal Indictment and Related Documents as to Joseph Nelson Sweet (1), Jack Lee Malone (2). Signed by Judge Mary S. Scriven on 9/16/2008. (LYB) (Entered: 05/08/2009)
05/05/2009 6 SUPERSEDING INDICTMENT returned in open Court as to Joseph Nelson Sweet (1) count(s) 1s, 2s, 3s-4s, Jack Lee Malone (2) count(s) 1s. (LYB) (Entered: 05/08/2009)
05/05/2009 7 MOTION to Seal Superseding Indictment and Related Documents by USA as to Joseph Nelson Sweet and Jack Lee Malone. (LYB) (Entered: 05/08/2009)
05/05/2009 8 ORDER granting 7 Motion to Seal Superseding Indictment and Related Documents as to Joseph Nelson Sweet (1), Jack Lee Malone (2). Signed by Magistrate Judge Thomas B. McCoun III on 5/5/2009. (LYB) (Entered: 05/08/2009)
05/07/2009 Arrest of Joseph Nelson Sweet on 5/7/2009 (SRC) (Entered: 05/08/2009)
05/07/2009 13 Minute Entry for proceedings held before Magistrate Judge Thomas B. McCoun III: INITIAL appearance, BOND Hearing, ARRAIGNMENT as to Joseph Nelson Sweet (1) Counts 1s, 2s, 3s-4s held on 5/7/2009. Defendant(s) pled not guilty. Proceeding held in Courtroom 10A. (DIGITAL) (SRC) Modified on 5/8/2009 (SRC) (Entered: 05/08/2009)
05/07/2009 14 ***CJA 23 financial affidavit by Joseph Nelson Sweet (SRC) (Entered: 05/08/2009)
05/08/2009 15 ORDER APPOINTING FEDERAL PUBLIC DEFENDER and directing Defendant to pay $200 per month into court registry to offset fees as to Joseph Nelson Sweet. Signed by Magistrate Judge Thomas B. McCoun III on 5/8/2009. (SRC) (Entered: 05/08/2009)
05/08/2009 16 PRETRIAL discovery order and notice as to Joseph Nelson Sweet Jury Trial set for trial term commencing 6/1/2009 at 09:00 AM in Tampa Courtroom 14 A before Judge Susan C Bucklew., Status Conference set for 5/20/2009 at 09:00 AM in Tampa Courtroom 14 A before Judge Susan C Bucklew Signed by Magistrate Judge Elizabeth A. Jenkins on 5/8/2009. (CDM) (Entered: 05/08/2009)
05/08/2009 17 APPEARANCE BOND entered as to Joseph Nelson Sweet in amount of $20,000.00. Signed by Magistrate Judge Thomas B. McCoun III (LYB) (Entered: 05/11/2009)
05/08/2009 18 AGREEMENT to forfeit property as to Joseph Nelson Sweet. (LYB) (Entered: 05/11/2009)
05/08/2009 19 ORDER Setting Conditions of Release as to Joseph Nelson Sweet. Signed by Magistrate Judge Thomas B. McCoun III on 5/8/2009. (LYB) (Entered: 05/11/2009)
05/11/2009 20 NOTICE of attorney appearance: Dionja L. Dyer appearing for Joseph Nelson Sweet and Substitution of Counsel (Dyer, Dionja) (Entered: 05/11/2009)
05/11/2009 21 NOTICE of attorney appearance: Adam Benjamin Allen appearing for Joseph Nelson Sweet as Co-Counsel (Allen, Adam) (Entered: 05/11/2009)
Demo.

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Doktor Avalanche
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Re: Joe Sweet and Jack Mallone

Postby Doktor Avalanche » Wed May 13, 2009 11:51 am

Sweet got a public defender?!?

Not that I'm bagging on public defenders. I'm just sayin....

Never mind. :oops:
The laissez-faire argument relies on the same tacit appeal to perfection as does communism. - George Soros

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Demosthenes
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Re: Joe Sweet and Jack Mallone

Postby Demosthenes » Wed Jan 26, 2011 8:35 pm

Middle District of Florida
FOR IMMEDIATE RELEASE
CONTACT: STEVE COLE
MARCH 11, 2010

PHONE: (813) 274-6136
FAX: (813) 274-6300

TWO CONVICTED OF FRAUDULENT SCHEME TO OBSTRUCT IRS

Tampa, Florida - U.S. Attorney A. Brian Albritton, along with Linda J. Osuna, Special Agent in Charge, Internal Revenue Service, Criminal Investigation, announces that a federal jury yesterday found Joseph Nelson Sweet (age 65, of Bradenton) and Jack Lee Malone (age 60, of Largo) guilty of conspiring to defraud the United States by impeding, impairing, and obstructing the lawful functions of the Internal Revenue Service. The jury also found Sweet guilty of corrupt interference with the Internal Revenue Laws and two counts of criminal contempt. Sweet faces a maximum penalty of life in federal prison and Malone faces a maximum penalty of five years in federal prison. Sentencing for both defendants has been set for June 8, 2010.

According to court documents and evidence presented at trial, Sweet and Malone engaged in a fraudulent scheme to interfere with the Internal Revenue Laws by selling services and products that they claimed would legally remove their customers from the federal tax system. They operated under the auspices of two sham trust entities, EDM Enterprises in Bradenton, Florida and The JoY Foundation in Tampa, Florida. Sweet and Malone advocated the position that income earned in the United States is generally not taxable and that the payment of income taxes is voluntary.

In February 2002, a federal district court in Tampa had enjoined Sweet and others working with him from promoting anti-tax views and marketing anti-tax materials. The evidence at trial showed that both Sweet and Malone violated that injunction by continuing to provide false tax advice to customers and concealing revenue derived from their business.

This case was investigated by the Internal Revenue Service, Criminal Investigation, Tampa Division. It
was prosecuted by Assistant United States Attorney Cherie L. Krigsman and Department of Justice Trial Attorney Todd Ellinwood.
Demo.

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Demosthenes
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Re: Joe Sweet and Jack Mallone

Postby Demosthenes » Wed Jan 26, 2011 8:36 pm

United States Attorney Robert E. O’Neill
Middle District of Florida
FOR IMMEDIATE RELEASE
CONTACT: AMY FILJONES
October 15, 2010
PHONE: (813) 274-6171
http://www.usdoj.gov/usao/flm/pr
FAX: (813) 274-6300
BRADENTON MAN SENTENCED TO TEN YEARS FOR PROMOTING TAX FRAUD SCHEME
Tampa, FL - U.S. Attorney Robert E. O'Neill announces that U.S. District Judge Susan Bucklew today sentenced Joseph Nelson Sweet (age 66, of Bradenton) to ten years in federal prison for conspiring to impair and impede the Internal Revenue Service (IRS) by promoting an unlawful tax avoidance scheme.
Sweet was found guilty by a jury on March 10, 2010 of four charges related to the tax scheme, including two counts of contempt. According to court documents and testimony at trial, Sweet began marketing and selling tax-defier materials in the mid-1990's. He and co-conspirator Jack Lee Malone (who was sentenced on June 15, 2010), joined forces in 1999 to sell and promote a scheme by which they claimed that purchasers could legally avoid the payment of federal income taxes by, among other things, placing income and assets in 'sham' trusts called Unincorporated Business Trust Organizations (UBTOs). They sold these trusts and other materials through two of their own UBTOs, "The JoY Foundation" and "EDM Enterprises." Further, Sweet and Malone instructed their clients that income generally is not taxable and that filing a federal income tax return is a strictly voluntary act. The evidence also established that Sweet and Malone instructed clients to submit obstructive paperwork or otherwise deceive the IRS and to illegally conceal their
income and assets. At trial, records of The JoY Foundation showed that Sweet and Malone had recruited more than 1300 members across the nation. At the sentencing hearing today, Judge Bucklew determined that Sweet was responsible for a tax loss to the United States of more than $3.8 million.
This case was investigated by the Internal Revenue Service-Criminal Investigation. It was prosecuted by Assistant United States Attorney Cherie L. Krigsman and Trial Attorney Todd A. Ellinwood of the Department of Justice, Tax Division.
Demo.

jg
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Re: Joe Sweet and Jack Mallone

Postby jg » Thu Jan 27, 2011 3:14 am

In order to include information on the sentence of Malone, see http://www.irs.gov/compliance/enforceme ... 82,00.html

Florida Man Sentenced to Ten Years for Promoting Tax Fraud SchemeOn October 15, 2010, in Tampa, Fla. Joseph Nelson Sweet, of Bradenton, was sentenced to 120 months in prison for conspiring to impair and impede the Internal Revenue Service (IRS) by promoting an unlawful tax avoidance scheme. Sweet was found guilty by a jury on March 10, 2010 of four charges related to the tax scheme, including two counts of contempt. According to court documents and testimony at trial, Sweet began marketing and selling tax-defier materials in the mid-1990's. He and co-conspirator Jack Lee Malone joined forces in 1999 to sell and promote a scheme by which they claimed that purchasers could legally avoid the payment of federal income taxes by, among other things, placing income and assets in 'sham' trusts called Unincorporated Business Trust Organizations (UBTOs). They sold these trusts and other materials through two of their own UBTOs, "The JoY Foundation" and "EDM Enterprises." Further, Sweet and Malone instructed their clients that income generally is not taxable and that filing a federal income tax return is a strictly voluntary act. The evidence also established that Sweet and Malone instructed clients to submit obstructive paperwork or otherwise deceive the IRS and to illegally conceal their income and assets. At trial, records of The JoY Foundation showed that Sweet and Malone had recruited more than 1,300 members across the nation. At the sentencing hearing, Sweet was found responsible for a tax loss to the United States of more than $3.8 million. Malone was sentenced on June 15, 2010, to 60 months in prison.
“Where there is an income tax, the just man will pay more and the unjust less on the same amount of income.” — Plato

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LPC
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Re: Joe Sweet and Jack Mallone

Postby LPC » Fri Oct 28, 2011 2:36 pm

Convictions and sentences affirmed.
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.


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