Snipes, Wesley

[wserra]

Apparently Snipes is filming in Vancouver. Bernhoft yesterday flled a request that Snipes be permitted to attend the conference concerning his application to postpone the trial by telephone, citing inconvenience and potential for a "media circus". I'm sure that the latter would absolutely devastate Bernhoft.

Judge Hodges' one-word response: "Denied".

Anybody in Ocala on Tuesday? This should be fun.

[wserra]

Something else just occurred to me (beats working, right?). Snipes has known Bernhoft for years - Bernhoft represented him in a paternity suit which got some press several years ago. Snipes just decided, on the eve of trial, that he wants Bernhoft to represent him?

If Judge Hodges doesn't already know this, I somehow think the govt will inform him.

[Demosthenes]

Something else just occurred to me (beats working, right?). Snipes has known Bernhoft for years - Bernhoft represented him in a paternity suit which got some press several years ago. Snipes just decided, on the eve of trial, that he wants Bernhoft to represent him?

If Judge Hodges doesn't already know this, I somehow think the govt will inform him.

Good point, which I have passed along.

[Doktor Avalanche]

So:

Number of attorneys with significant tax experience = 0

Number of attorneys with significant criminal law experience = 0

Snipes seems to be building a case for inadequate representation.

Collective number of brain cells and accumulated IQ points between Snipes and his legal team...

Yup, you guessed it. Zero.

[Bill E. Branscum]

Snipes fired Billy Martin for Bernhoft?

What a maroon. I no longer bet on a horserace.

No offense, but are we talking about the Billy Martin that completely fooked Michael Vick, stated in a press release that Larry Craig's effort to withdraw his guilty plea "should be nearly impossible" while his motion to do exactly that was pending (and was later denied), and most recently called Snipes' effort to replace him a "ploy to get a continuance" notwithstanding the fact that the Judge lambasted him for having no clue as to deadlines, or the information in the discovery he had long ago received? Attorneys are not supposed to put their own ego over the best interests of their clients.

This is a tax case - Bernhoft won for Kuglin and Banister - what tax case has Martin ever won?

As far as I am concerned, Meachum and Martin epitomize affinity fraud.

Bill E. Branscum
FraudsAndScams.com

[Bill E. Branscum]

Something else just occurred to me (beats working, right?). Snipes has known Bernhoft for years - Bernhoft represented him in a paternity suit which got some press several years ago. Snipes just decided, on the eve of trial, that he wants Bernhoft to represent him?

If Judge Hodges doesn't already know this, I somehow think the govt will inform him.

Of course Judge WTH knows this - Bernhoft represented Snipes during the pre-indictment phase of this case.

[wserra]

Snipes fired Billy Martin for Bernhoft?

What a maroon. I no longer bet on a horserace.

No offense,

Hi, Bill, good to see you again, too. It's been a while.

but are we talking about the Billy Martin that completely fooked Michael Vick,

Exactly how did he do that? Perhaps I'm a little sensitive, but Monday-morning-quarterbacking (intended) a difficult representation is really easy to do. (And I've been on trial for three weeks.)

stated in a press release that Larry Craig's effort to withdraw his guilty plea "should be nearly impossible" while his motion to do exactly that was pending (and was later denied),

Not that I know of. Martin said something similar to the Court during the hearing, by way of acknowledging what can't be denied - the paucity of success such motions encounter. I probably would have done exactly the same.

and most recently called Snipes' effort to replace him a "ploy to get a continuance"

Which it was.

notwithstanding the fact that the Judge lambasted him for having no clue as to deadlines, or the information in the discovery he had long ago received?

Cite? (And I understand Hodges lambasts almost everyone.)

Attorneys are not supposed to put their own ego over the best interests of their clients.

Sorry, but you haven't shown that he did.

Of course Judge WTH knows this - Bernhoft represented Snipes during the pre-indictment phase of this case.

I didn't know that. PACER doesn't show it, Martin represented him from arraignment on, and I don't have the benefit of being from the Middle District of Florida.

[wserra]

So Bernhoft enters the case, and immediately files a raft of motions which can only be described as pro forma. They're not frivolous, since (of course) the govt really does have Brady and Giglio obligations. However, these are the kind of motions which allow a lawyer who is so inclined to boast to the client about how much he is doing, and which really accomplish nothing.

10/19/2007 237 MOTION for Brady material to Compel Disclosure of Brady & Giglio Discovery Known to the Government by Wesley Trent Snipes. (Bernhoft, Robert) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 10/19/2007)
10/19/2007 238 MOTION for Brady material to Compel Immediate Disclosure of Government Witnesses and Potential Witnesses by Wesley Trent Snipes. (Bernhoft, Robert) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 10/19/2007)
10/22/2007 239 MOTION for Brady material to Compel Immediate Disclosure of Potential Incapacity or Credibility Deficiencies as to Prospective Government Witnesses by Wesley Trent Snipes. (Bernhoft, Robert) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 10/22/2007)
10/22/2007 240 MOTION for Brady material to Compel Immediate Disclosure of All Agents' Rough Notes of All Witness Interviews by Wesley Trent Snipes. (Bernhoft, Robert) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 10/22/2007)
10/22/2007 241 MOTION for Brady material to Compel Immediate Disclosure of All Statements of the Defendants and Alleged Co-Conspirators Including Any Statements Attributed to Them As Alleged Co-Consipirator Statements by Wesley Trent Snipes. (Bernhoft, Robert) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 10/22/2007)
10/22/2007 242 MOTION for Brady material to Compel Immediate Disclosure of Reasons for Bias of Any Potential Government Witnesses by Wesley Trent Snipes. (Bernhoft, Robert) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 10/22/2007)
10/22/2007 243 MOTION for Brady material to Compel All Jencks Statements to Protect the Due Process Rights of the Defendant by Wesley Trent Snipes. (Bernhoft, Robert) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 10/22/2007)
10/22/2007 244 RESPONSE in opposition by USA as to Wesley Trent Snipes re 222 Motion to dismiss Count Three (Morris, M.) (Entered: 10/22/2007)
10/25/2007 245 MOTION to inspect All Records of the Clerk Related to the Selection of Grand Jurors and Petit Jurors by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 10/25/2007)
10/25/2007 246 MOTION to Designate Case as Complex Under Speedy Trial Act by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 10/25/2007)
10/26/2007 247 ORDER denying 222 Motion to dismiss Count 3 of the Superseding Indictment as to Wesley Trent Snipes (1). Signed by Judge Wm. Terrell Hodges on 10/26/2007. (MAM) (Entered: 10/26/2007)
10/30/2007 248 RESPONSE to motion by USA as to Wesley Trent Snipes re 245 MOTION to inspect All Records of the Clerk Related to the Selection of Grand Jurors and Petit Jurors (Morris, M.) (Entered: 10/30/2007)
10/30/2007 249 RESPONSE in opposition by USA as to Wesley Trent Snipes re 238 Motion for Brady materials, 240 Motion for Brady materials, 237 Motion for Brady materials, 241 Motion for Brady materials, 243 Motion for Brady materials, 239 Motion for Brady materials, 242 Motion for Brady materials (Morris, M.) (Entered: 10/30/2007)
10/31/2007 250 MOTION in limine to Bar All 404(b) Evidence Against Snipes From Trial by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 10/31/2007)
10/31/2007 251 MOTION for leave to file a Reply to the Government's Opposition to Snipes' Motion to Compel by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 10/31/2007)
10/31/2007 252 MOTION to compel Immediate Disclosure of All "ARL" Clients Identities and IRS Information Related to Those Clients Known to the Government by Wesley Trent Snipes. (Bernhoft, Robert) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 10/31/2007)
10/31/2007 253 MOTION to amend/correct Amend the Prior Scheduling Order by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 10/31/2007)
10/31/2007 254 ORDER denying 251 Motion for Leave to File Reply as to Wesley Trent Snipes (1). Signed by Judge Wm. Terrell Hodges on 10/31/2007. (LRH) (Entered: 10/31/2007)
11/01/2007 255 MOTION to extend time to to File Motions to November 5, 2007 by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/01/2007)
11/01/2007 256 ORDER granting 255 Motion to extend the filing deadline to November 5, 2007 as to Wesley Trent Snipes (1). Signed by Judge Wm. Terrell Hodges on 11/1/2007. (LRH) (Entered: 11/01/2007)
11/01/2007 257 RESPONSE in opposition by USA as to Wesley Trent Snipes re 253 Motion to amend/correct and Motion to Strike (Morris, M.) (Entered: 11/01/2007)
11/01/2007 258 MOTION for leave to file to File a Reply to the Government's Opposition to Snipes' Motions to Compel Discovery (Renewed) by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/01/2007)
11/02/2007 259 RESPONSE in opposition by USA as to Wesley Trent Snipes re 252 Motion to compel, (Morris, M.) (Entered: 11/02/2007)
11/02/2007 260 RESPONSE in opposition by USA as to Wesley Trent Snipes re 246 Motion for miscellaneous relief (to designate case as complex) (Morris, M.) (Entered: 11/02/2007)
11/02/2007 261 ORDER denying 237 motion for Brady material as to Wesley Trent Snipes (1); denying 238 motion for Brady material as to Wesley Trent Snipes; (1) denying 239 motion for Brady material as to Wesley Trent Snipes (1); denying 240 motion for Brady material as to Wesley Trent Snipes (1); granting in part and denying in part 241 motion for Brady material as to Wesley Trent Snipes (1); denying 242 motion for Brady material as to Wesley Trent Snipes (1); denying 243 motion for Brady material as to Wesley Trent Snipes (1); denying 252 Motion to compel as to Wesley Trent Snipes (1); denying 253 Motion to amend/correct the prior scheduling order as to Wesley Trent Snipes (1); denying as moot 258 Motion for Leave to File Reply Brief as to Wesley Trent Snipes (1). Signed by Judge Wm. Terrell Hodges on 11/2/2007. (LRH) (Entered: 11/02/2007)

For those who don't have PACER access, that last docket entry - the order denying in two pages hundreds of pages of motions - is here. Hodges denies every motion without explanation, except to direct the govt to turn over Snipes' own statements - something the govt probably did months ago. The last sentence is Hodges' way of telling Bernhoft that he don' need no steenkin' reply.

[The Operative]

Hearing on change of venue held on Dec. 11. Judge to issue written rulings

http://www.tampabays10.com/news/local/a ... ryid=69636

ORLANDO, Fla. - Lawyers for Wesley Snipes argued the actor's tax-evasion trial should be moved to Orlando or New York because he cannot get a fair trial in Ocala.

Snipes previously filed two motions to dismiss or transfer the trial because of racial prejudices in Ocala. Lawyers say Snipes has the right to a trial in New York. He lived there between October 2000 and April 2005 when the alleged offenses occurred. He also has a home in Orlando.

Snipes' attorneys also asked to delay the start of trial from January to April.

U.S. District Judge William Terrell Hodges didn't rule on either request. He says he will issue written rulings in the coming days.

Federal prosecutors have previously said Snipes' claims he cannot get a fair trial because of racial prejudice in the area are not based on fact.

An October 2006 federal indictment charges Snipes with fraudulently claiming refunds totaling almost $12 million in 1996 and 1997 for income taxes already paid.

[Demosthenes]

11/04/2007 271 MOTION to strike Surplusage by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/04/2007)
11/05/2007 272 MOTION in limine to Exclude the Government's Handwriting Expert Witnesses and Handwriting Exemplar From Trial by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/05/2007)
11/05/2007 273 MOTION in limine to Exclude the Goverment's Expert Witnesses From Trial for Untimely Disclosure by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/05/2007)
11/05/2007 274 MOTION in limine to Preclude the Admission of Alleged Co-Conspirator Statements Absent a Pretrial Showing Under Fed. R. Evid. 801(d)(2)(E) and Request for a James Hearing by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/05/2007)
11/05/2007 275 MOTION for Attorney Conducted Voir Dire and for Use of a Juror Questionnaire by Wesley Trent Snipes. (Attachments: # 1 Exhibit A - Provisional Jury Questionnaire# 2 Exhibit B - Suggested Procedures for Jury Selection# 3 Declaration of Robert E. Barnes# 4 Exhibit C - Report of the Public Opinion Research Laboratory of University of North Florida)(Bernhoft, Robert) (Entered: 11/05/2007)
11/05/2007 276 MOTION for disclosure of Grand Jury Transcripts by Wesley Trent Snipes. (Bernhoft, Robert) Modified on 11/6/2007 (AIQ). (Entered: 11/05/2007)
11/05/2007 277 MOTION to Unseal the Record for a Case Related to the Underlying Grand Jury by Wesley Trent Snipes. (Bernhoft, Robert) Modified on 11/6/2007 (AIQ). (Entered: 11/05/2007)
11/05/2007 278 MOTION to dismiss or Transfer Based on Racially Discriminatory Venue Selection by Wesley Trent Snipes. (Attachments: # 1 Declaration of Robert E. Barnes# 2 Exhibit A - Report of Public Opinin Research Laboratory of the University of North Florida)(Bernhoft, Robert) (Entered: 11/05/2007)
11/05/2007 279 MOTION to amend/correct 273 MOTION in limine to Exclude the Goverment's Expert Witnesses From Trial for Untimely Disclosure filed by Wesley Trent Snipes by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/05/2007)
11/05/2007 280 MOTION to dismiss Indictment or for an Alternative Sanction by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/05/2007)
11/05/2007 281 MOTION in limine to Exclude Exemplars Taken in Violation of the Fifth Amendment by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 11/05/2007)
11/05/2007 282 Renewed MOTION to transfer case to District of Residence Pursuant to 18 U.S.C. § 3237(b) by Wesley Trent Snipes. (Bernhoft, Robert) Modified on 11/6/2007 (AIQ). (Entered: 11/05/2007)
11/07/2007 283 ORDER granting in part and denying in part 245 Motion to Inspect All Records of the Clerk Related to the Selection of Grand Jurors and Petit Jurors as to Wesley Trent Snipes (1). Signed by Judge Wm. Terrell Hodges on 11/7/2007. (LRH) (Entered: 11/07/2007)
11/07/2007 284 ORDER as to Wesley Trent Snipes AMENDING 283 Order on Motion to Inspect. Defendant Snipes and his attorneys are directed to keep all information and materials that they review, inspect, copy and/or otherwise receive from the Clerk in accordance with the dictates of the Courts Order 283 in the utmost confidence and are not to divulge any such information or materials to any other person without first receiving approval from the Court. Signed by Judge Wm. Terrell Hodges on 11/7/2007. (LRH) (Entered: 11/07/2007)
11/14/2007 288 RESPONSE in opposition by USA as to Wesley Trent Snipes re 250 Motion in limine to Bar All 404(b) Evidence Against Snipes From Trial (Attachments: # 1 Exhibit A)(Morris, M.) (Entered: 11/14/2007)
11/15/2007 290 MOTION for leave to file Reply to Plaintiff's Response (Doc. 288) by Wesley Trent Snipes as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. (Barnes, Robert) (Entered: 11/15/2007)
11/15/2007 291 ORDER granting 290 Motion for Leave to File Reply Brief as to Wesley Trent Snipes (1). Signed by Senior Judge Wm. Terrell Hodges on 11/15/2007. (LRH) (Entered: 11/15/2007)
11/16/2007 292 RESPONSE in opposition by USA as to Wesley Trent Snipes re 272 Motion in limine, 277 Motion to Unseal Case, 276 Motion for disclosure (Morris, M.) (Entered: 11/16/2007)
11/18/2007 293 RESPONSE in opposition by USA as to Wesley Trent Snipes re 271 Motion to strike surplusage (Morris, M.) (Entered: 11/18/2007)
11/19/2007 294 RESPONSE in opposition by USA as to Wesley Trent Snipes re 278 Motion to dismiss, or transfer based on racially discriminatory venue selection (Morris, M.) (Entered: 11/19/2007)
11/19/2007 295 RESPONSE in opposition by USA as to Wesley Trent Snipes re 282 Motion to transfer case to district of residence pursuant to 18 U.S.C. 3237(b) (Morris, M.) (Entered: 11/19/2007)
11/19/2007 296 MOTION for hearing Pretrial Status Conference by Wesley Trent Snipes as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. (Attachments: # 1 Declaration of Robert E. Barnes, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Barnes, Robert) (Entered: 11/19/2007)
11/20/2007 297 RESPONSE in opposition by USA as to Wesley Trent Snipes re 274 Motion in limine to preclude admission of co-conspirator statements absent pretrial hearing (Morris, M.) (Entered: 11/20/2007)
11/20/2007 298 RESPONSE in opposition by USA as to Wesley Trent Snipes re 279 Motion to amend/correct, 273 Motion in limine to exclude government's expert witness (Morris, M.) (Entered: 11/20/2007)
11/20/2007 299 RESPONSE in opposition by USA as to Wesley Trent Snipes re 280 Motion to dismiss or for an alternative sanction (Morris, M.) (Entered: 11/20/2007)
11/20/2007 300 RESPONSE in opposition by USA as to Wesley Trent Snipes re 275 Motion for miscellaneous relief, attorney conducted voir dire and for use of a juror questionaire (Morris, M.) (Entered: 11/20/2007)
11/20/2007 301 RESPONSE in opposition by USA as to Wesley Trent Snipes re 281 Motion in limine to exclude exemplars taken in violation of the Fifth Amendment (Morris, M.) (Entered: 11/20/2007)
11/21/2007 302 MOTION to strike defendant Snipes' motion for pretrial status conference by USA as to Wesley Trent Snipes. (Morris, M.) (Entered: 11/21/2007)
11/21/2007 303 MOTION for hearing regarding candor to the Court and potential conflict of interest by USA as to Wesley Trent Snipes. (Attachments: # Exhibit 1 (PDF removed per Order # 310), # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Morris, M.) Modified on 11/23/2007 (LMF). (Entered: 11/21/2007)
11/21/2007 304 Emergency MOTION to seal Exhibit 1 of Document 303, or Alternatively, Emergency MOTION to strike Exhibit 1 of Document 303 by Wesley Trent Snipes. (Barnes, Robert) (Entered: 11/21/2007)
11/21/2007 305 Joint MOTION to seal Exhibit 1 of Doc. 303 by USA as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. (McLellan, Jeffrey) (Entered: 11/21/2007)
11/21/2007 306 MOTION to amend/correct Amend Scheduling Order and Allow Filing Nunc Pro Tunc by Wesley Trent Snipes. (Barnes, Robert) (Entered: 11/21/2007)
11/21/2007 307 RESPONSE in opposition by Wesley Trent Snipes re 302 Motion to strike Snipes' Motion for Pretrial Status Conference (Barnes, Robert) (Entered: 11/21/2007)
11/21/2007 308 RESPONSE in opposition by Wesley Trent Snipes re 303 Motion for hearing (Barnes, Robert) (Entered: 11/21/2007)
11/23/2007 310 ORDER granting 304 Snipes' Emergency Motion For An Immediate Order Striking Or Sealing Exhibit 1 of Document 303; granting 305 United States' Motion Joining In Defendant Snipes' Motion To Strike Or Seal Exhibit. The Clerk is directed to seal exhibit 1 of document 303. Signed by Magistrate Judge Gary R. Jones on 11/23/2007. (grj) (Entered: 11/23/2007)
11/23/2007 Sealed document S-2. (LMF) (Entered: 11/23/2007)
11/26/2007 311 NOTICE OF HEARING on pending motions in case as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. Motion Hearing set for 12/11/2007 at 09:00 AM in Courtroom 1 before Judge Wm. Terrell Hodges. HEARING IS LIMITED TO ARGUMENTS OF COUNSEL. COURT WILL ALLOW 45 MINUTES ON EACH SIDE. Pro Se defendant, Eddie Ray Kahn, who is in custody, is required to be present. Copy provided to U.S. Marshal. (MAM) (Entered: 11/26/2007)
11/26/2007 312 REPLY to response to motion by Wesley Trent Snipes as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes re 250 MOTION in limine to Bar All 404(b) Evidence Against Snipes From Trial (Barnes, Robert) (Entered: 11/26/2007)
11/27/2007 315 MOTION for disclosure for Limited Disclosure of Statistical Information From Jury Records by Wesley Trent Snipes as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. (Barnes, Robert) Modified on 11/28/2007 (AIQ). (Entered: 11/27/2007)
11/30/2007 316 NOTICE of Prosecutorial Misconduct by Government Attorneys or Their Agents by Wesley Trent Snipes (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Barnes, Robert) (Entered: 11/30/2007)
12/03/2007 317 NOTICE of attorney appearance: Linda G. Moreno appearing for Wesley Trent Snipes (Moreno, Linda) (Entered: 12/03/2007)
12/03/2007 318 ORDER granting in part and denying in part 315 Motion for disclosure of statistical information from jury records as to Wesley Trent Snipes (1). Signed by Senior Judge Wm. Terrell Hodges on 12/3/2007. (LRH) (Entered: 12/03/2007)
12/03/2007 Mail returned as Undeliverable re: 291 Order on Motion for Leave to File. No change of address reported with the Court as to Wesley Snipes. (AIQ) (Entered: 12/03/2007)
12/03/2007 321 MOTION to continue trial by Wesley Trent Snipes. (Attachments: # 1 Declaration of Robert G. Bernhoft, # 2 Declaration of Klimov)(Barnes, Robert) (Entered: 12/03/2007)
12/06/2007 322 NOTICE OF HEARING as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. Jury Trial set for 1/14/2008 at 09:30 AM in Courtroom 1 before Judge Wm. Terrell Hodges. All Defendants are required to be present. Defendant, Eddie Ray Kahn, who is in custody and proceeding Pro Se, is required to be present. Copy provided to U.S. Marshal.(MAM) (Entered: 12/06/2007)
12/07/2007 323 RESPONSE in opposition by USA as to Wesley Trent Snipes re 316 Notice (other) of prosecutorial misconduct (Morris, M.) (Entered: 12/07/2007)
12/07/2007 324 RECEIPT for surrender of Passport as to Wesley Trent Snipes: Passport Number 112833658 issued by USA. (DFD) (Entered: 12/07/2007)
12/10/2007 325 RESPONSE in opposition by USA as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes re 321 Continue Trial (Morris, M.) (Entered: 12/10/2007)
12/11/2007 Mail returned as Undeliverable re: 247 Order on motion to dismiss. No updated change of address available for Wesley Trent Snipes. (AIQ) (Entered: 12/11/2007)
12/11/2007 326 Minute Entry for proceedings held before Judge Wm. Terrell Hodges: PENDING MOTIONs HEARING held on 12/11/2007 as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. ORDER TO ENTER. Court Reporter: Dennis Miracle (MAM) (Entered: 12/11/2007)
12/17/2007 328 TRANSCRIPT of Pending Motions Hearing as to Eddie Ray Kahn, Douglas P. Rosile, and Wesley Trent Snipes held on 12/11/07 before Judge Wm. Terrell Hodges. Court Reporter: Dennis Miracle. (filed separately) (AIQ) (Entered: 12/18/2007)

[wserra]

By order dated December 24 - Merry Christmas! - all of Snipes' motions were effectively denied. I say "effectively" because (for example) Snipes made a motion to preclude a govt expert from testifying that the only use for his "bills of exchange" was to commit fraud, which motion was granted on the consent of the govt. However, that expert will still be able to testify about what a "bill of exchange" is - or, more accurately, is not.

Specifically, Snipes' motion to change venue to Manhattan was denied, the Court quite correctly saying that a comparison of the racial composition of one district versus another is irrelevant, and also noting that

As the Court has previously made abundantly clear, (see Doc. 188, pp. 13-21), there are no compelling reasons to transfer this case to another venue, particularly where the case involves two co-conspirators with strong ties to Florida, and where the question of Defendant Snipes place of residence during the relevant time period remains a fact question very much in dispute.

Snipes is really not gonna like sitting next to Fast Eddie Kahn.

BTW, Kahn's wackadoodle pro se motions - including one to recuse Judge Hodges for "impersonating a federal judicial officer" - were also all denied. Finally, the joint motion to continue the trial was denied. January 14, folks.

[Famspear]

from the news story above:

Actor Wesley Snipes filed no tax returns on $37.9 million in income from 1999 to 2004, even after the Internal Revenue Service told him in 2002 that he was under criminal investigation, according to documents filed ahead of Snipes' tax fraud trial.

(bolding added).

Uh-oh. That goes to the issue of willfulness (voluntary intentional violation of a known legal duty). Of course, the typical tax protester response here should be something like: "Uh, well, yeah, I guess the Feds did me I was under criminal investigation, but, but, but -- they didn't use just the right magic words."

[Judge Roy Bean]

Let me get this straight - an investigation has gone on for at least five or six years involving a famous actor, millions of dollars in taxes due going back nearly ten years now, and to top it off a known tax protester is also involved.

Am I the only one that sees something wrong with this picture?

Snipes' counsel thinks he can't get a fair trail based on race; I submit he's been given far too much consideration already, and they should be more concerned about the typical taxpayer who's had a run-in with the IRS who is wondering why they let him get away with it this long.

[Demosthenes]

Uh-oh. That goes to the issue of willfulness (voluntary intentional violation of a known legal duty). Of course, the typical tax protester response here should be something like: "Uh, well, yeah, I guess the Feds did me I was under criminal investigation, but, but, but -- they didn't use just the right magic words."

From the government's timeline for the case:

05-24-02
IRS Special Agent reads Snipes his rights and informs Snipes he is under criminal investigation

09-10-02
Snipes sends $1 million fictitious “Bill of Exchange” to Secretary of Treasury with IRS payment voucher

03-24-03
Snipes renews ARL membership

04-15-03
Snipes fails to file 2002 income tax return

09-18-03
Snipes signs $10 million-plus movie agreement (Blade III)

11-03-03
Snipes sends letter to IRS Special Agent challenging authority to criminally investigate

1-17-04
Snipes sends another letter to IRS Special Agent challenging authority to criminally investigate

[Doktor Avalanche]

Far be it for me to predict the outcome of this trial, but how many folks here besides myself think Snipes is totally hosed?

[wserra]

With juries, you never know (until the verdict, of course).

[Judge Roy Bean]

Far be it for me to predict the outcome of this trial, but how many folks here besides myself think Snipes is totally hosed?

He's definitely financially hosed. If he's convicted, sentencing will probably include consideration for his ability to continue to generate substantial earnings from which to pay the back taxes, penalties and interest. Then again, I would also suspect that a some portion of his wealth is out of reach.

[Doktor Avalanche]

What should be stated for the peanut gallery reading this thread is that if Snipes (being a millionaire) had filed his taxes like he should have he most likely would have recouped most of that money.

[GlimDropper]

(Reuters) - The U.S. Marshals Service has ordered actor Wesley Snipes to report to prison in northwest Pennsylvania no later than noon on December 9 to begin serving a 3-year sentence on tax charges, according to a notice filed in the U.S. District Court in Ocala on Wednesday.

Reuters link

Snipes has a motion pending before U.S. District Judge Terrell Hodges in Ocala asking to remain free pending an appeal to the U.S. Supreme Court. There is no indication in court records when the judge will rule. A federal court clerk said "any motion not ruled upon is deemed denied until ruled upon."

It might be interesting to see on what basis the appeal was requested but I suspect that filming of the next installment of the Blade movie series is on hold for the foreseeable future.

[wserra]

Snipes has a motion pending before U.S. District Judge Terrell Hodges in Ocala asking to remain free pending an appeal to the U.S. Supreme Court.

Denied. He surrenders tomorrow.