Doreen Hendrickson Retrial Set for July 21, 2014

[.]

A quick glance at the sentencing guidelines shows that a tax loss of 5K+ results in an offense level of 10, 12.5K+ a level of 12, 30K+ a level of 14.

The refunds resulting from the '02-'03 false returns were a little over 20K, so one question becomes whether that ~20K can or will be attributed to DH or split between DH and PH, the returns apparently having been joint.

If split, offense level 10 for criminal history Category I (0-1 points) would be 6 to 12 months. If not split, offense level 12 for Category I would be 10 to 16 months.

A second question becomes what the tax loss was from the false '08 return DH filed. "Tax loss" is defined by the guidelines (in the case of a claimed refund) as being the amount of the falsely claimed refund. Whether it is actually paid or subsequently repaid doesn't matter.

The exact amount of the false refund claim for '08 is unknown, but it has to be greater than zero because it was part of the prosecution. The transcript won't be available for a while, so the tax loss for '08 is a wild card. Minimal? Substantial? Who knows? Maybe those movie guys paid her well as an extra.

If the total of all falsely claimed refunds attributable to DH exceeds 30K, the sentence guideline for Category I is 15 to 21 months.

So, the sentence possibilities would seem to run from 6 to 21 months. I'll guess that she gets the maximum of the range of whatever offense level turns out to be applicable.

In the future, well, for the next 15 years and barring a successful appeal (LOL,) should DH again find herself convicted of a federal crime she she will be sentenced as a Category II (2-3 points) criminal history no matter what -- she gets 2 points for 6-12 months, 3 points (the max per sentence) for 13+ months.

PH, on any next time around will be a Category III (4-6 points) as he already has 6 points of criminal history, 3 of which will expire from guideline consideration in '18, then being more than 15 years old. Can PH stay out of trouble for 4 years? Who knows?

Category II bumps minimum time about 20-25%, Category III about 40-50%. Ouch.

If you really, really enjoy banging your head into a bloody pulp against a (federal prison) wall, criminal history Category VI (13+ points) roughly doubles to triples the Category I time.

I don't know about anyone else, but it seems to me that all of these points for tax losses and criminal history aren't nearly as much fun or enjoyable as points from, say, TGIF or Duffy's Sports Grill -- free burgers and entrees and such -- maybe the TPs should look into that. Not to mention that the odds of getting locked up are a lot lower and you don't have to embarrass and turn yourself into an object of ridicule by representing yourself.

[Duke2Earl]

I may well be wrong but I understood that the crux of the recent trail was that Ms Hendrickson was under a court order to do a specific thing (file tax returns in accordance the the Internal Revenue Code) and she refused to do so. I think these actual facts are not in doubt, that is, both the government and the Hendricks agree on those facts. I have a very hard time understanding why this seems to be difficult for Hendrickson to swallow. If you are under a court order to do something and you refuse, there will be consequences. Hendrickson thinks the courts are some kind of fraud, well what would the courts be if they allowed people to ignore their orders? I see this a simply further evidence that they folks live is some sort of alternate universe.

[The Observer]

don't know about anyone else, but it seems to me that all of these points for tax losses and criminal history aren't nearly as much fun or enjoyable as points from, say, TGIF or Duffy's Sports Grill -- free burgers and entrees and such -- maybe the TPs should look into that. Not to mention that the odds of getting locked up are a lot lower and you don't have to embarrass and turn yourself into an object of ridicule by representing yourself.

have a very hard time understanding why this seems to be difficult for Hendrickson to swallow. If you are under a court order to do something and you refuse, there will be consequences. Hendrickson thinks the courts are some kind of fraud, well what would the courts be if they allowed people to ignore their orders? I see this a simply further evidence that they folks live is some sort of alternate universe.

No, this is just another example of human pride taken to the extreme. This didn't happen because they are tax protesters. That is the symptom of their real problem. Pete has invested so much time, money and everything else into this mad crusade because it is all about him. Doreen has thrown herself into the lion's den after Pete because he is her man and she isn't ready to admit that she made a mistake by picking him to be her mate and the father of her children. And the kids appear to be falling right into line behind their parents. It would be admirable if it wasn't so pathetic.

None of this family unit are going to back down at this time and admit they are wrong. In fact, none of them are taking time out to sit back, review what has happened so far, and see if maybe, just maybe, a mistake was made by Pete and Doreen. They are not going to be looking to evaluate the actual cost of their trials and imprisonment to determine if it was worth it. They are not going to consider that the alternative of following the law might have been a better choice. If they were to honestly do that, it would mean that they would have to admit they are wrong. In their prideful minds, being wrong is not an option.

This behavior is not limited to just sovruns and TPs. I have seen numerous parents standing up in front of TV cameras, proclaiming their child is innocent, not guilty of the crime they are being charged with, and accusing the government of framing their kid. All of this despite the overwhelming evidence that the perp is guilty. Why does the parent go down this road of foolish behavior? Because they feel that this is going to reflect on them as a parent, that no one gets away with making THEIR kid look bad, and to have a jailbird as a relative is going to lower their standing in the community. The parents have turned the issue of the kid's criminal behavior into really being about the parents. Nine times out of ten, once the kid is sentenced, the parents disappear from the radar and they probably don't even bother to make regular visits to the state pen to see their "innocent" child.

Is this delusional behavior? I don't think so. I think it is just one of the seven deadly sins, pride, coming to the forefront. Pete and Doreen look to have a double dose of it in their craw.

[Famspear]

....Doreen has thrown herself into the lion's den after Pete because he is her man and she isn't ready to admit that she made a mistake by picking him to be her mate and the father of her children....

Not only that, but Doreen appears to have really gone along with Pete wholeheartedly from the beginning.

After all, back in the early 1990s, even before Pete and Doreen were married, the court documents state that it was that sweet little girlfriend Doreen who "appropriated" the gunpowder or explosive material -- from the place where she worked -- for the firebomb that was put into the mail box at the post office at Royal Oak, Michigan, on April 16, 1990, in that tax "protest." (For readers who don't know, Pete waited in the getaway car while an accomplice placed the device in the mail box, and this was the incident that resulted in Pete's first federal prison term.)

[The Observer]

(For readers who don't know, Pete waited in the getaway car while an accomplice placed the device in the mail box, and this was the incident that resulted in Pete's first federal prison term.)

Sounds like Hendrickson's modus operandi - get the rubes to do his dirty work for him in the vain attempt to distance himself from the actual crime. And if it doesn't work, oh well, he can always try to take as many of his marks down with him; the CtC "sucessful refund" list is another shining example.

[The Observer]

After all, back in the early 1990s, even before Pete and Doreen were married, the court documents state that it was that sweet little girlfriend Doreen who "appropriated" the gunpowder or explosive material -- from the place where she worked -- for the firebomb that was put into the mail box at the post office...

Did Doreen get prosecuted as an accessory to the crime? And if so, what was the result?

[webhick]

Hendrickson was apparently able to get a favorable sentencing recommendation for himself (and get charges dropped against his then girlfriend, later wife) by secretly tape-recording one of his co-conspirators and testifying against him. The courts ruled that the tape-recording was Hendrickson's own idea, and not part of any agreement with the United States government, so the secret, warrantless taping did not violate the 4th Amendment.

Source: http://tpgurus.wikidot.com/peter-hendrickson

[notorial dissent]

What it all boils down to is that Pete is not a nice person by any stretch of the imagination, the bomb incident proved that right off the bat. Pete is also a coward, he was involved in building the bomb, and then let/coerced someone else in to doing the actual dirty work of planting it, and let Doreen get the gun powder for him. He is a liar and a fraud, CTC is proof of that. He has been collecting money from and sacrificing his acolytes on the altar of his vanity for what, twenty years now, he at least is practicing what he preaches at this point as he, and Doreen, did go down for one of his "magic" returns. He has way too much ego invested in his fantasy to ever admit that it isn't so, of course, he and Doreen are going to ignore the court when they are told to file a proper return, because it isn't "right" according to his fantasy, and I don't see much likelihood of that attitude changing. Doreen strikes me as being not particularly bright to begin with, her choice of and staying with Pete pretty well affirm that, and she has apparently willingly followed him at every step. I don't see any hope, or happiness for this family, and regrettably whatever the contagion Pete has has also infected his children as they seem to be following in his footsteps.

[Dezcad]

Hendrickson was apparently able to get a favorable sentencing recommendation for himself (and get charges dropped against his then girlfriend, later wife) by secretly tape-recording one of his co-conspirators and testifying against him. The courts ruled that the tape-recording was Hendrickson's own idea, and not part of any agreement with the United States government, so the secret, warrantless taping did not violate the 4th Amendment.

Source: http://tpgurus.wikidot.com/peter-hendrickson

Another, more detailed explanation:

In 1992, after being indicted on multiple charges stemming from his involvement in the bomb plot, he pleaded guilty to one charge of conspiracy to possess a destructive device in exchange for the dismissal of charges against Doreen. That plea still would have brought with it a 21-month prison sentence, so Hendrickson took one additional step. He and Doreen, who were now married, surreptitiously tape-recorded conversations they had with their co-conspirators, Scott and Karen Scarborough (who in grand-jury testimony had maintained not only their own innocence but also Hendrickson’s). On the recordings, the Scarboroughs, who had not been charged in the case, admitted their involvement in the plot and absolved the Hendricksons of the most serious act: placing the package in the mail bin.

The Hendricksons turned over the tapes to the prosecutors. Since the recordings were made at the Hendricksons’ own initiative, rather than the government’s, the Fourth Amendment didn’t prohibit the prosecutors from using the tapes to secure convictions against the Scarboroughs for obstruction of justice. In exchange for his cooperation, Hendrickson received a sentence that ultimately was reduced to 30 days in federal prison and 11 months in a halfway house.

[Gregg]

In other words, true to form he flipped on his co-conspirators and threw them under the bus to save his own ass.

Has it slipped the mind of the more cruel and sadistic among us to make sure Pete's (and now Doreen's) fellow convicts are fully informed of this when they go to stay with the Federal Government Housing Program? I'm sure they should be informed.

And another thing, Pete has two kids in college or one in college and one nearly so, how likely is it they saved up all those years to make sure that when they sent the kids to college they wouldn have to resort to a Federal Privilege and get some of those sweet subsidized Stafford Student Loans? of take advantage of a school that gets Federal funding from at least a dozen Federal programs? Is his sweet little blog writing Cupcake going to pay taxes after she gets that education for the rest of her life? on even the $2 million or so that she should earn over what she would have had she not gotten a degree? I wouldn't count on it.

The betting window opens Monday on how long Hendrickson: The Next Generation goes before their first prison sentence, over under is 26 months....

[.]

In exchange for his cooperation, Hendrickson received a sentence that ultimately was reduced to 30 days in federal prison and 11 months in a halfway house.

Whoa, I guess what I read about that sentence was wrong. But, it makes no difference, PH is still a Category III (4-6 points) for his next go-around with the feds until 2018. 3 points for his most recent conviction and at least 1 point for his '93 rollover on his really, really good buddies and co-conspirators. Total 4 points.

What a guy. Loyal to the end. Of you.

[notorial dissent]

Unless I'm mistaken, don't they have the rest of his tax returns, plus the current ones yet to evaluate? And if they/Doreen pulls this stunt again, isn't she/they going to be up for round two on the contempt bus?

[The Observer]

Unless I'm mistaken, don't they have the rest of his tax returns, plus the current ones yet to evaluate? And if they/Doreen pulls this stunt again, isn't she/they going to be up for round two on the contempt bus?

I dunno - what if Pete produces a tape recording of Doreen saying all of those phony returns were her idea?

[LPC]

In other words, true to form he flipped on his co-conspirators and threw them under the bus to save his own ass.

Exactly.

And this is not speculation, but from the appellate opinion that affirmed the conviction of the Scarboroughs: http://scholar.google.com/scholar_case? ... 1050826982

Some nuggets from the opinion:

The investigation also showed that [Doreen] Wright [now Doreen Hendrickson] had taken the red phosphorus used in making the bomb from the school district at which she worked.

[Peter] Hendrickson and [Doreen] Wright were charged with conspiracy to place the [incindiary] device at the post office. Hendrickson pled guilty in exchange for reduced charges and the dismissal of the charges against Wright. After the plea, in an attempt to reduce his upcoming sentence, Hendrickson and Wright secretly taped conversations with the Scarboroughs. The taped conversations corroborated Hendrickson's version of the events: that the Scarboroughs had assembled the device and that Scott Scarborough planted the bomb at the post office while Karen Scarborough and Hendrickson waited in the car.

[...]

Hendrickson and Wright made the tapes on their own initiative in the hopes of reducing Hendrickson's sentence. Both Wright and Hendrickson testified at trial that they decided to make the tapes on their own without the knowledge or direction of the government. Thus, the tapes were privately obtained and no Fourth Amendment violation occurred.

Defendant argues that the District Court abused its discretion when it prevented him from cross-examining Hendrickson concerning Hendrickson's failure of two government-administered polygraph tests.

[Famspear]

In other words, true to form he flipped on his co-conspirators and threw them under the bus to save his own ass.

Or, as Peter the Great Blowhard Himself would say, it was just another chapter in His endless series of victories in upholding the law.

[Duke2Earl]

After considering Mr Hendrickson and others like him I almost (but not quite) long for regular criminals. You know, the ones who commit crimes for motives like greed and general nastiness but don't pretend that they are doing it for the general good and the rule of law and don't take down others in their schemes. After reading about Mr. Hendrickson's history, I feel like I need a shower.

[notorial dissent]

Oh, you mean honest criminals who don't try and claim they were just upholding the law. I have to admit, I see your point, as Hendrickson is just generally dishonest on every point, on top of being an generally nasty individual.

[LPC]

The latest on Doreen's verdict from Lost Horizons:

Anyone who's read the mid-edition update and Brian's report
http://brianrwright.com/CoffeeCoasterBlog/?p=4612

should be astounded by the things that took place.
First I'll start with why I think the jury was instructed (what I call "jury tampering" by the judge) not to consider the Constitutionality of the perjury order. Because the court knows they'd have to prove she was required to file thus making it not a violation of rights. The courts recognize ones who enter into privileged activity make certain things mandatory. It's not a violation to disclose ones "income" IF you enter into something voluntarily thus making the procedures mandatory. So when the order to file a certain way came, they are using the requirements somehow as a scapegoat without explicitly first proving her one of the special persons who are required to file a 1040 in the manner prescribed.
Regardless, it's still suborning perjury. I had to look suborning up recently so it means the judge is ordering a criminal act.

Also a case of "we don't know the laws although they're in our hands" play dumb by the Gov experts.
Then you read more and find this wasn't like Peters trial when the judge prevented the actual law from being read by the jury. According to witnesses, the jury didn't deliberate at all. In fact, appears the judge met secretly with the jury for almost 5 minutes then the verdict. The witnesses noticed at 1, the jury went for lunch and about 1:40 the verdict came. Jury had no time to deliberate or didn't want to for some reason. Not to mention the crap about 2 charges but told they only had to convict on one.

Come on Common Law Grand Jury and come swiftly and harsh to this tyrant judge.

[wserra]

I took a look at that link in BS76's screed. I don't think I have ever seen so many assertions that are outright false in one document since - well, since the last time I read LH. I was going to go through it here, but since people here already know what I would say, there is really no point. Suffice a single observation.

[rant]These people think they have the key to the universe. If they were just able to get it out, the entire house of cards that is the govt would collapse. Therefore the PTBs would go to any length to silence them. A "kangaroo court" is just one more such device. Forget, for the moment, how a public trial is not exactly the best way to silence someone. For comparison's sake, google "Great Firewall" or "gulag" or "Guerra Sucia".

No, in the bigger picture, you guys are insignificant. You matter only to yourselves. How many court spectators did you manage? A dozen, right, most of whom were family members? And, as far as the govt is concerned, the Hendricksons are little more than garden-variety criminals. Swat them and move on. The rulings Judge Roberts made would have been exactly the same in a bank robbery or drug sale prosecution. And you matter no more than do bank robbers or drug dealers.

Live with it.[/rant]

[Judge Roy Bean]

Brian is so fundamentally confused (deliberately, I might add) that he thinks the court has to prove something.