Champion's 9/2 Hearing for Contempt

[LPC]

Champion admits he was served with notice of the contempt hearing on 9/2, so he's got no excuses. So what happens on 9/2?

[wserra]

I think it depends on Champion, and so I can't choose among the options presented. History indicates that Champion, per his usual idiot's hubris, will choose the option most likely to result in his incarceration, but we can't know that until it happens.

If Champion attempts to reargue whether he should be compelled to comply with the summons, I think it's very likely he goes to jail. If he appears and gives any excuse that passes the smell test - for example, "I just moved, my records are in disorder, give me more time and I'll comply" - he'll get more time. If he doesn't appear, he gets a bench warrant.

[Nikki]

I think it depends on Champion, and so I can't choose among the options presented. History indicates that Champion, per his usual idiot's hubris, will choose the option most likely to result in his incarceration, but we can't know that until it happens.

If Champion attempts to reargue whether he should be compelled to comply with the summons, I think it's very likely he goes to jail. If he appears and gives any excuse that passes the smell test - for example, "I just moved, my records are in disorder, give me more time and I'll comply" - he'll get more time. If he doesn't appear, he gets a bench warrant.

Does fleeing the state with a truck full of records after failing to comply with the original summons count as "just moved?"

[The Operative]

Since he has admitted that he has been served, I believe that he will probably show. However, he won't bring any records. Instead, he will attempt to present a lame excuse as to why he shouldn't release any records. The judge will tell him he is wrong, though Chumpion won't see it that way, and give him one final chance to comply.

[wserra]

Does fleeing the state with a truck full of records after failing to comply with the original summons count as "just moved?"

Not to you or me. But judges don't like to lock people up for civil contempts, and tend to give them multiple opportunities to avoid it.

Don't misunderstand, though - I'm rooting for Champion to moon the court.

[Bud Dickman]

I just had a recent experience with a similar situation in Dist Court. The summons was issued to a TP who was using all the usual arguments and had even filed with the court to get the case move to a “real judge”. He appeared before the judge empty handed and was held in contempt; the fine started at $250.00 a day and doubled every day. On the third appearance date instead incarcerating him he was assigned a Federal Public Defender at no cost. He refused to fill out the financial statement for public defender due to his financial situation being “complicated”. TP finally complied with summons under “duress and threats”, contempt fine reduced to $500.00, from $127,750.00 and no charge for public defenders office.

[The Observer]

The poll really should have been restricted to 3 possibilities: Does Dave show up, and if he does, does he show up with records?

For my money, David, although a moron, isn't so stupid that he can't see the immediate consequences facing him. For one, he knows if he doesn't show he will be toast. His goal is to milk this gravy train for what it is worth. The longer he stays out of a jail cell, the longer he will have to keep getting money from his marks. And the longer he can prolong the court proceedings will generate publicity in the TP community. Being on the run from a bench warrant is not going to improve his net earnings.

On the other hand, Dave can't go into court and turn over all of his records. The minute he does that, he will lose whatever street cred he had with his "customers", not to mention that that such a surrender of documents would probably make any future prosections for tax evasion/fraud an easy walk in the park for DoJ.

So Dave will opt for the middle course and walk into court without his records. How he explains this to the judge will be the interesting part and will, like wserra said, depend on his hubris. He might try arguing the law with the judge or at least argue over a technicality in procedure; then again he may just fall back on the lame "dog-ate-my-homework" excuse and get an extension from the court.

[Demosthenes]

Another option is that the prosecutors will go to a grand jury and seek an indictment for criminal contempt, no?

[LPC]

I just had a recent experience with a similar situation in Dist Court. The summons was issued to a TP who was using all the usual arguments and had even filed with the court to get the case move to a “real judge”. He appeared before the judge empty handed and was held in contempt; the fine started at $250.00 a day and doubled every day.

I forgot about the possibility of fines. Rather than incarcerating Champion, the judge could find him in contempt and impose a fine of $X/day until he produces the records.

[grammarian44]

My guess is that Dave will show up without requested books and records and he will get one last chance to comply in a narrow time frame. He will hand over something that passes for the requested documents before the final deadline.

It will turn out, however, that Dave doesn't really have much in the way of books and records regarding his clients--not because he will continue to withhold the requested documents, but because he is probably a lousy recordkeeper who doesn't keep systematic track of how much he has worked, what kind of work he has done, or how much his clients have paid him.

[Dr. Caligari]

I forgot about the possibility of fines. Rather than incarcerating Champion, the judge could find him in contempt and impose a fine of $X/day until he produces the records.

The Government's motion for contempt argues that incarceration is the only proper sanction, because he already owes taxes so a fine won't mean anything to him.

[Leftcoaster]

It will a no show.
There will be a bench warrant.
Dave will have the heels of his shoes worn out as his sorry carcass is dragged to jail.

[LPC]

If Champion attempts to reargue whether he should be compelled to comply with the summons, I think it's very likely he goes to jail. If he appears and gives any excuse that passes the smell test - for example, "I just moved, my records are in disorder, give me more time and I'll comply" - he'll get more time. If he doesn't appear, he gets a bench warrant.

Then if Champion shows, he's going to jail, and if he doesn't show, there will be a bench warrant.

There's no way that Champion will show up and then offer sniveling excuses.

Hubris Rocks!

[Tax Man]

Appears and does not get one more chance, but is jailed for contempt.

I haven't felt this good about a taxprotestor beatdown since mulletboy's hard drives and videos were seized.

[Famspear]

I haven't felt this good about a taxprotestor beatdown since mulletboy's hard drives and videos were seized.

Too right! When I was a radio disc jockey and news reporter, I couldn't help running into people like Dave Champion -- not that they were tax protesters, but that they were narcissistic blowhards. I have listened to some of Dave Champion's monologues. It's amazing to see how "puffed up" with themselves some people can be, without any basis in reality to support that.

Narcissism - a personality disorder characterized by the delusional, infantile belief that oneself is omnipotent.

[webhick]

Narcissism - a personality disorder characterized by the delusional, infantile belief that oneself is omnipotent.

It's not a personality disorder if it's true.


I heard that. And it wasn't very nice. Apologize to the chipmunk before he comes in there and makes you. Yes, he's planning on it. Right after he gets his little friends to help.

[Famspear]

Narcissism - a personality disorder characterized by the delusional, infantile belief that oneself is omnipotent.

It's not a personality disorder if it's true.

This is weird, but I was just thinking about Narcissism while driving home last night (using my infinitely powerful brainwaves as stun rays to push all the other, slow-poke, cars on the freeway out of the way so that my infinitely powerful, infinitely beautiful car could make its way to my infinitely beautiful home in infinite record time, to be greeted by a crowd of adoring neighborhood admirers who, of course, naturally, cheered and applauded when they saw my infinitely beautiful visage).

[Famspear]

I don't know what happened with the contempt hearing that was scheduled for today, but there is a bizarre development to report.

On 28 August, Dave Champion filed - by fax - four papers with the court. Champion is now alleging that he had an appointment set with Thomas Cheung of the Internal Revenue Service. His Declaration at docket entry 31 of the case docket asserts that he showed up with a "witness", one "Murray Crews" by name, for his appointment on May 30, 2008, at the IRS office at 300 North Los Angeles Street in Los Angeles. The meeting was allegedly scheduled for Room B-122.

Champion states that this meeting time and place had been set by one Kathryn A. Meyer, Senior Attorney at the IRS in Los Angeles, by a letter dated May 27, 2008, a copy of which he includes as an exhibit.

Champion states that when he arrived at the IRS office, no one at the IRS could locate "Thomas Cheung" or verify that any such person called "Thomas Cheung" worked for the IRS in Los Angeles. According to Champion, after several inquiries of several IRS employees at the office there, no one was able to find any Thomas Cheung. IRS personnel allegedly informed Champion that no such person worked at that IRS office.

Champion also alleges that he was asked to "sign in" at the office by an IRS employee named "Barbara," but that Barbara would not give him a copy of the sign in sheet. Champion says that he did sign in.

Champion then alleges that on June 2 he wrote to Kathryn Meyer, telling her of his alleged experience at the IRS office and his inability to locate Thomas Cheung. This letter was allegedly sent by Federal Express.

Champion says that on June 5 he received a call from a woman at the IRS who identified herself as a mail distribution clerk at the 300 N. Los Angeles Street office. He says that the woman told him that she was unable to locate an IRS employee by the name of Kathryn Meyer. He says that she stated that no such person as Kathryn Meyer worked in the Los Angeles office of the IRS. He says that the woman said she had checked with the IRS legal office, and that no one there had ever heard of Ms. Meyer either.

Champion is now asserting, inter alia, that the court order that requires him to comply with the IRS summons is void.

See United States v. David Champion, U.S. District Court for the Central District of California, case no. 2:08-cv-01629 PA (JWJx).

[Famspear]

A quick google search reveals that there is indeed apparently one Kathryn A. Meyer, B.A., J.D., LLM (Tax) who is an Associate Area Counsel and Special Assistant U.S. Attorney at the office of the IRS Chief Counsel [Ms. Meyer's contact info redacted].

That took me about 4 seconds to find.

This "Kathryn A. Meyer" is set to teach a course on "Tax Issues in Bankruptcy" at Golden Gate University for the Fall of 2008. So I think this information is fairly up to date.

[grixit]

Thomas Cheung says:

Dave's not all there, man!