Kent E. Hovind - SCOTUS: Rehearing Denied

[jcolvin2]

January 11, 2010 Order List

http://www.supremecourtus.gov/orders/co ... 110zor.pdf

(See case 09-5043)

[darling]

For what it's worth, Mr. Hovind's motion for reconsideration:


09-5043
IN THE SUPREME COURT OF THE UNITED STATES
MOTION FOR RECONSIDERATION
TO GRANT WRIT OF CERTIORARI
Kent E Hovind pro se
#0652-017
Federal Satellite Camp
Box 725
Edgefield, SC 29824

PETITIONER respectfully prays that this Honorable Court would GRANT Petitioner’s Petition for Rehearing to resolve a Circuit split and to clarify a matter of law.

The first issue is to establish the meaning of the word “structuring.” In 31 U.S.C.§5324(a)(3); Ratzlaf v. United States; as well as the 2nd Circuit; the 7th Circuit; the 9th Circuit, and the 10th Circuit all say the amount structured in two or more transactions must be more than $10,000.00. However, both the lower district court and the 11th Circuit Appeals Court say that a single transaction of more or less than $10,000 violates the law and results in a five year prison term, as was my case in which each single transaction of less than $10,000.00 was charged separately as a crime.

I pray that this court will resolve this split; or, if the 11th Circuit decision is now case law establishing that any transaction in any amount can be declared a crime, please use the rule of Lenity. Our withdrawals of ministry money received in legitimate ways to spend on legitimate church ministry bills were withdrawn as the ministry had need of them and were never a part of a large amount being broken down for any illegal purposes.

I cannot find any cases where any court has ruled that withdrawals, rather than deposits can be structured, nor can I find a case that answers the question of whether a single transaction can be considered a structuring crime. I pray that this court will grant my petition to review this case to answer these issues.

The second issue the circuits are split on, is the 1995 PRA. 44 U.S.C. § 3505; the 10th Circuit in U.S. v. Collins, 920 F.2nd 619 fn 12 and 13; this court in Dole V. United Steelworkers; the 9th Circuit in U.S. v. Hatch and the USGAO report from 2005 page 34 all agree that I cannot be penalized for not filling out a “bootleg” form, yet the lower court said 44 U.S.C. § 3505-12 cannot be relied upon and gave me five years in prison for doing so. The 11th Circuit was silent on this issue on appeal. The 10th Circuit has another case being appealed to this court on this issue as well.

When 31 USC § 5322, 5324 was amended (See Money Laundering Suppression Act of 1994 codified at 31 USC § 5322(a) and 5324(d) this caused a Constitutional issue that requires this Honorable Court’s clarification as it impacts the circuit split on structuring as well.

I pray this Honorable Court will GRANT my petition for rehearing to resolve the splits and clarify the 1995 PRA.

Respectfully Submitted

Kent Hovind pro se

[bmielke]

The Legal Updates site on his ministry website has not been updated since september. It's still begging for money. Did his son ever get enough to buy the amusment park back?

[Paths of the Sea]

I've been wondering the same thing.

What is the latest on the buy-back deal?

Anyone know?

Sincerely,
Maury Enthusiast!

[darling]

According to the ministry, they raised enough to buy the properties back.

Whether they did it without getting themselves into more trouble is another issue entirely. They stated that donations would be deductible to the fullest extent of the law. However, CSE does not appear to be a 501(c)(3) nor any other charitable entity.

[bmielke]

According to the ministry, they raised enough to buy the properties back.

Whether they did it without getting themselves into more trouble is another issue entirely. They stated that donations would be deductible to the fullest extent of the law. However, CSE does not appear to be a 501(c)(3) nor any other charitable entity.

I thought that I had read on there website that they had recieved pledges to cover the ptoperty value. I could pledge $100,000 that doesn't mean I am going to pay it, I would be interested to know if it was collected or just pledged. At the end of the day it comes down to did they get the money to the IRS?

[Paths of the Sea]

Dr. Dino's folks have responded with the following posting:

http://www.cseblogs.com

> Thank you to all who prayed and sent in
> encouraging comments.

> The Supreme Court has recently denied our
> petition for a rehearing of Dr. Hovind’s
> case.

> They gave no reason.

> We are prayerfully looking over our legal
> options, though we are unsure at this time
> what direction God would have us to go in
> this area. Please continue to keep us in
> your prayers. God’s will be done.

God's will just may be:

> You did the crime.
> Do your time!

Meanwhile, I still one of many who would like to know what is up with the "buy-back" scheme!

Sincerely,
Maury enthusiast!