Snipes, Wesley

Post by **Demosthenes** » Sun Sep 02, 2007 8:03 pm

SL DOC, TRLSET

U.S. District Court
Middle District of Florida (Ocala)
CRIMINAL DOCKET FOR CASE #: 5:06-cr-00022-WTH-GRJ-1

Case title: USA v. Snipes et al
Date Filed: 04/05/2006

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Assigned to: Senior Judge Wm. Terrell Hodges
Referred to: Magistrate Judge Gary R. Jones

Defendant
Wesley Trent Snipes (1) represented by Daniel R. Meachum
Daniel R. Meachum & Assoc., LLC
1995 N. Park Pl., Suite 250
Atlanta, GA 30339
770/988-9600
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Donald I. Bierman
Bierman, Shohat, Loewy & Pizzi, PA
Penthouse 2
800 Brickell Ave
Miami, FL 33131
305/358-7000
Fax: 305/358-4010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Kerry Brainard Verdi
Sutherland Asbill & Brennan LLP
1275 Pennsylvania Ave., N.W.
Washington, DC 20004
202/383-0205
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William R. Martin
Sutherland Asbill & Brennan LLP
1275 Pennsylvania Avenue, NW
Washington, DC 20004
202/383-0100
Fax: 202/637-3593
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371.F - CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
18:287.F - FALSE OR FRAUDULENT CLAIMS (Make and present, cause to be made and presented, aid and abet the making and presentation of, a materially false, fictitious, and fraudulent claim for payment upon the United States)
(2s)
26:7203C.M - WILLFUL FAILURE TO FILE RETURN, SUPPLY INFORMATION (willfully failing to make income tax return)
(3s-8s)
18:287.F - FALSE OR FRAUDULENT CLAIMS
(9)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

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Surety
American Bankers Insurance Company of Florida
re: Wesley Trent Snipes represented by American Bankers Insurance Company of Florida
Ace Nationwide Bail Bonds
1575 N.W. 14th St.
Miami, FL 33125
305/321-7777
PRO SE

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Movant
Curtis G. Lockett
TERMINATED: 02/21/2007

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Plaintiff
USA represented by James R. Klindt
U.S. Attorney's Office
300 N. Hogan Street, Suite 700
Jacksonville, FL 32202
904/301-6300
Fax: 904-301-6310
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey A. McLellan
U.S. Department of Justice
Tax Division- CESN
P.O. Box 972
Washington, DC 20044
202/514-5150
Fax: 202/514-8455
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John Sciortino
U.S. Attorney's Office
Middle District of Florida
300 N. Hogan Street, Suite 700
Jacksonville, FL 32202
904/301-6300
Fax: 904-301-6310
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

M. Scotland Morris
U.S. Attorney's Office
300 N. Hogan Street, Suite 700
Jacksonville, FL 32202
904/301-6300
Fax: 904/301-6310
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert E. O'Neill
U.S. Attorney's Office
400 N. Tampa St., Suite 3200
Tampa, FL 33602
813/274-6337
Fax: 813/274-6108
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
04/05/2006 1 MOTION to seal Indictment and Related Documents by USA as to Eddie Ray Kahn, Douglas P. Rosile and Wesley Trent Snipes. (LMF) (Entered: 10/17/2006)
04/05/2006 2 ORDER granting 1 Motion to Seal as to Eddie Ray Kahn (1), Douglas P. Rosile (2) and Wesley Trent Snipes (3). Signed by Judge Howard T. Snyder on 4/5/06. (filed in Jacksonville division) (LMF) (Entered: 10/17/2006)
04/05/2006 3 INDICTMENT returned in open Court as to Eddie Ray Kahn (1) count(s) 1-9, Douglas P. Rosile (2) count(s) 1-9 and Wesley Trent Snipes (3) count(s) 9. Copies distributed. (filed in Jacksonville division) (LMF) (Entered: 10/17/2006)
10/12/2006 4 MOTION to seal Indictment and Related Documents by USA as to Eddie Ray Kahn, Douglas P. Rosile and Wesley Trent Snipes. (filed in Jacksonville division) (LMF) (Entered: 10/17/2006)
10/12/2006 5 ORDER granting 4 Motion to Seal as to Eddie Ray Kahn (1), Douglas P. Rosile (2) and Wesley Trent Snipes (3). Signed by Judge Marcia Morales Howard on 10/12/06. (filed in Jacksonville division) (LMF) (Entered: 10/17/2006)
10/12/2006 6 SUPERSEDING INDICTMENT returned in open Court as to Eddie Ray Kahn (1) count(s) 1s, 2s, Douglas P. Rosile (2) count(s) 1s, 2s and Wesley Trent Snipes (3) count(s) 1s, 2s, 3s-8s. Copies distributed. (filed in Jacksonville division) (LMF) (Entered: 10/17/2006)
10/12/2006 7 MOTION for Arrest warrant by USA as to Wesley Trent Snipes. (filed in Jacksonville division) (LMF) (Entered: 10/17/2006)
10/12/2006 8 ORDER granting 7 Motion for Warrant as to Wesley Trent Snipes (3). Signed by Judge Marcia Morales Howard on 10/12/06. (filed in Jacksonville division) (LMF) (Entered: 10/17/2006)
11/07/2006 32 MOTION for protective order by USA as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. (Morris, M.) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 11/07/2006)
11/09/2006 39 ORDER scheduling telephonic hearing on Tuesday, November 14, 2006 at 1:30 p.m. regarding the 32 United States' Motion For Protective Order as to Eddie Ray Kahn, Douglas P. Rosile. Signed by Judge Gary R. Jones on 11/9/2006. (grj) (Entered: 11/09/2006)
11/14/2006 40 ORDER granting 32 United States' Motion for Protective Order. Signed by Judge Gary R. Jones on 11/14/2006. (grj) (Entered: 11/14/2006)
12/08/2006 Arrest (self-surrender) of Wesley Trent Snipes on 12/8/2006. (DFD) Modified on 12/14/2006 (DFD). (Entered: 12/08/2006)
12/08/2006 58 Minute Entry for proceedings held before Magistrate Judge Gary R. Jones: INITIAL APPEARANCE AND ARRAIGNMENT held on 12/8/2006. Defendant pled not guilty to Counts One through Eight of the Superseding Indictment. Court Reporter: Dennis Miracle (DFD) (Entered: 12/08/2006)
12/08/2006 59 SECURED BOND entered as to Wesley Trent Snipes in the amount of $1,000,000.00 (secured by a corporate surety). Signed by Judge Gary R. Jones on 12/8/2006. (DFD) (Entered: 12/08/2006)
12/08/2006 60 ORDER Setting Conditions of Release as to Wesley Trent Snipes (1) with a $1,000,000.00 bond secured by a corporate surety. Signed by Judge Gary R. Jones on 12/8/2006. (DFD) (Entered: 12/08/2006)
12/08/2006 61 CRIMINAL STANDING SCHEDULING ORDER as to Wesley Trent Snipes. Signed by Judge Gary R. Jones on 12/8/2006. (grj) (Entered: 12/08/2006)
12/08/2006 62 Arrest WARRANT returned executed on 12/8/06 as to Wesley Trent Snipes. (LMF) (Entered: 12/11/2006)
12/11/2006 64 NOTICE OF HEARING as to Wesley Trent Snipes: Status Conference set for 2/22/2007 09:00 AM in Courtroom 1 before Judge Wm. Terrell Hodges, defendant, is not required to be present. Jury Trial set for weeks of 3/5, 3/12, 3/19/2007 before Judge Wm. Terrell Hodges. Defendant, who is currently on bond, is required to be present. Copy provided to U.S. Marshal.(MAM) (Entered: 12/11/2006)
12/13/2006 65 Remark - Certified Copy of Court's Order on 5:04-m-5-Oc-GRJ granting motion to unseal the Application and Affidavit for Search Warrant. The Clerk is directed to file a copy of the Application and Affidavit for Search Warrant and the Executed Search Warrant, along with a copy of this Order, in criminal case no. 5:06-cr-22-Oc-10GRJ. (Attachments: #(1) Application and Affidavit for Search Warrant, and #(2) Executed Search Warrant) (AIQ) (Entered: 12/13/2006)
12/28/2006 67 MOTION for William R. Martin to appear pro hac vice by Wesley Trent Snipes. (Attachments: # 1 Proposed Order)(DH) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 12/28/2006)
12/28/2006 68 MOTION for Daniel R. Meachum to appear pro hac vice by Wesley Trent Snipes. (Attachments: # 1 Proposed Order)(DH ) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 12/28/2006)
12/29/2006 69 ORDER granting [67 & 68] Motions For Admission Pro Hac Vice as to Wesley Trent Snipes. William R. Martin and Daniel R. Meachum are admitted pro hac vice to represent Defendant Wesley Trent Snipes in this case. Signed by Judge Gary R. Jones on 12/29/2006. (grj) (Entered: 12/29/2006)
01/12/2007 72 Unopposed MOTION to continue motion filing deadline by Wesley Trent Snipes. (Bierman, Donald) Modified on 1/16/2007 (LMF). (Entered: 01/12/2007)
01/16/2007 73 ORDER granting 72 Defendant Wesley Trent Snipes' Unopposed Motion To Suspend Briefing Schedule. The parties are directed to file a status report by January 26, 2007. Signed by Judge Gary R. Jones on 1/16/2007. (grj) (Entered: 01/16/2007)
01/26/2007 79 STATUS REPORT and Motion to Continue Trial Date and Amend the Standing Scheduling Order (Martin, William) (Entered: 01/26/2007)
01/30/2007 83 CERTIFICATE OF SERVICE by Wesley Trent Snipes re 79 Status report (Martin, William) (Entered: 01/30/2007)
02/01/2007 85 ORDER granting 79 Motion To Continue Trial Date And Amend The Scheduling Order as to all defendants based upon a speedy trial finding that the ends of justice outweight the interests of the Defendants and the public in a speedy trial. The Clerk is directed to reschedule this case for trial on the October 1, 2007 trial calendar and reshedule the status conference for September 19, 2007. Signed by Judge Gary R. Jones on 2/1/2007. (grj) (Entered: 02/01/2007)
02/02/2007 87 NOTICE OF RESCHEDULING HEARING: The status conference and jury trial previously scheduled for 2/22/07 and 3/5/07 are rescheduled as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. New hearing dates and times:Status Conference set for 9/19/2007 at 01:30 PM in Courtroom 1 before Judge Wm. Terrell Hodges, defendants Douglas P. Rosile, Wesley Trent Snipes are not required to be present; defendant Eddie Ray Kahn, who is pro se, is required to be present. Jury Trial set for weeks of 10/1, 10/8, and 10/15/2007 before Judge Wm. Terrell Hodges. Defendants are required to be present. Copy provided to U.S. Marshal.(MAM) (Entered: 02/02/2007)
02/02/2007 88 NOTICE Of Surrendered Passport as to Wesley Trent Snipes: Passport Number 112833658 issued by the United States of America. (DFD) (Entered: 02/02/2007)
02/02/2007 89 MOTION to intervene as Amicus Curiae by Curtis G. Lockett as to Wesley Trent Snipes. (AIQ) STRICKEN PER COURT'S ORDER DOCKET NO. 106. Modified on 2/21/2007 (AIQ). (Entered: 02/05/2007)
02/06/2007 95 TRANSCRIPT of Initial Appearance and Arraignment Hearings as to Wesley Trent Snipes held on 12/8/06 before Judge Gary R. Jones. Court Reporter: Dennis Miracle. (filed separately) (LMF) (Entered: 02/07/2007)
02/16/2007 102 RESPONSE in opposition by USA as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes re 89 Motion for miscellaneous relief (to intervene as amicus curiae) and motion to strike (Morris, M.) (Entered: 02/16/2007)
02/21/2007 106 ORDER denying 89 Motion To Intervene As Amicus Curiae and granting the United States' request to strike docket entry 89. Signed by Judge Gary R. Jones on 2/21/2007. (grj) (Entered: 02/21/2007)
02/22/2007 108 NOTICE of filing exhibits in support by Curtis G. Lockett as to Wesley Trent Snipes re 89 MOTION to intervene as Amicus Curiae. (Disk with exhibits filed separately.) DOCUMENT 89 STRICKEN PER COURT'S ORDER DOCUMENT NO. 106. (AIQ) EXHIBITS STRICKEN PER COURT'S ORDER DOCKET NO. 114. Modified on 3/7/2007 (AIQ). (Entered: 02/22/2007)
03/05/2007 111 MOTION to strike Curtis Lockett's Exhibits in Support of His Motion to Intervene as Amicus Curiae by USA as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. (Morris, M.) (Entered: 03/05/2007)
03/06/2007 114 ORDER granting 111 United States' Motion to Strike Curtis Lockett's Exhibits In Support of His Motion To Intervene As Amicus Curiae. The Clerk is directed to strike document number 108. Signed by Judge Gary R. Jones on 3/6/2007. (grj) (Entered: 03/06/2007)
04/20/2007 122 NOTICE of Change of Address by Wesley Trent Snipes (Martin, William) (Entered: 04/20/2007)
05/17/2007 131 Unopposed MOTION to amend/correct 85 Order, by Wesley Trent Snipes. (Martin, William) (Entered: 05/17/2007)
05/18/2007 134 ORDER granting 131 Wesley Trent Snipe's Unopposed Motion To Amend The Scheduling Order. The deadline to file motions is extended to June 4, 2007 and the deadline for the government to respond to motions is extended to July 30, 2007. Signed by Judge Gary R. Jones on 5/18/2007. (grj) (Entered: 05/18/2007)
06/04/2007 143 MOTION for Kerry Brainard Verdi to appear pro hac vice by Wesley Trent Snipes. (Martin, William) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 06/04/2007)
06/04/2007 144 MOTION to change venue by Wesley Trent Snipes. (Martin, William) (Entered: 06/04/2007)
06/04/2007 145 MOTION to dismiss by Wesley Trent Snipes. (Martin, William) Modified on 6/6/2007 (AIQ. (Entered: 06/04/2007)
06/04/2007 146 MOTION to produce Brady and Giglio Material by Wesley Trent Snipes. (Martin, William) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 06/04/2007)
06/04/2007 147 MOTION for bill of particulars by Wesley Trent Snipes. (Martin, William) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 06/04/2007)
06/04/2007 148 MOTION to sever defendant and Continue the Trial Date by Wesley Trent Snipes. (Martin, William) Modified on 6/6/2007 (AIQ). (Entered: 06/04/2007)
06/04/2007 149 MOTION to Exclude Purported Expert Testimony of William C. Kerr by Wesley Trent Snipes. (Martin, William) Modified on 6/6/2007 (AIQ). (Entered: 06/04/2007)
06/06/2007 152 Emergency MOTION to withdraw document by Wesley Trent Snipes. (Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered: 06/06/2007)
06/06/2007 153 ORDER granting 152 Defendant Wesley Trent Snipes' Unopposed Emergency Motion to Withdraw Exhibits. Signed by Judge Gary R. Jones on 6/6/2007. (grj) (Entered: 06/06/2007)
06/06/2007 154 ORDER granting 143 Motion For Admission Pro Hac Vice as to Wesley Trent Snipes (1). Kerry Brainard Verdi is admitted pro hac vice to represent the Defendant in this case. Signed by Judge Gary R. Jones on 6/6/2007. (grj) (Entered: 06/06/2007)
06/07/2007 155 CERTIFICATE OF SERVICE by Wesley Trent Snipes re 143 MOTION for Kerry Brainard Verdi to appear pro hac vice, 149 MOTION to Exclude Purported Expert Testimony of William C. Kerr, 146 MOTION to produce Brady and Giglio Material, 148 MOTION to sever defendant and Continue the Trial Date, 145 MOTION to dismiss, 152 Emergency MOTION to withdraw document, 147 MOTION for bill of particulars, 144 MOTION to change venue (Martin, William) (Entered: 06/07/2007)
06/20/2007 161 MOTION to supplement Motion to Sever and Continue the Trial Date by Wesley Trent Snipes. (Martin, William) (Entered: 06/20/2007)
07/06/2007 163 MOTION for reconsideration and Leave to File Redacted Exhibits or, in the Alternative, To File Exhibits Under Seal by Wesley Trent Snipes. (Martin, William) (Entered: 07/06/2007)
07/06/2007 164 MEMORANDUM in support by Wesley Trent Snipes re 163 Motion for reconsideration and Leave to File Redacted Exhibits or, in the Alternative, To File Exhibits Under Seal (Martin, William) (Entered: 07/06/2007)
07/20/2007 165 RESPONSE by USA as to Wesley Trent Snipes re 164 Memorandum in support, 163 MOTION for reconsideration and Leave to File Redacted Exhibits or, in the Alternative, To File Exhibits Under Seal (Morris, M.) (Entered: 07/20/2007)
07/23/2007 166 ORDER granting in part and denying in part 163 Defendant Wesley Trent Snipes' Motion For Reconsideration And Leave To File Redacted Exhibits Or, In The Alternative, To File Exhibits Under Seal as to Wesley Trent Snipes (1). Signed by Judge Gary R. Jones on 7/23/2007. (grj) (Entered: 07/23/2007)
07/25/2007 167 NOTICE OF RE-FILING EXHIBITS by Wesley Trent Snipes re 145 MOTION to dismiss. (Attachments: #(1) Exhibit 1, #(2) Exhibit 2, #(3) Exhibit 3, #(4) Exhibit 4, #(5) Exhibit 5, #(6) Exhibit 6)(Martin, William) Modified on 7/26/2007 (AIQ). (Entered: 07/25/2007)
07/25/2007 168 NOTICE OF RE-FILING EXHIBITS by Wesley Trent Snipes re 149 MOTION to Exclude Purported Expert Testimony of William C. Kerr. (Attachments: #(1) Exhibit 1, #(2) Exhibit 2)(Martin, William) Modified on 7/26/2007 (AIQ). (Entered: 07/25/2007)
07/25/2007 169 NOTICE OF RE-FILING EXHIBITS by Wesley Trent Snipes re 148 MOTION to sever defendant and Continue the Trial Date. (Attachments: #(1) Exhibit 1)(Martin, William) Modified on 7/26/2007 (AIQ). (Entered: 07/25/2007)
07/26/2007 Sealed document - S-1. (AIQ) (Entered: 07/26/2007)
07/30/2007 173 RESPONSE in opposition by USA as to Wesley Trent Snipes re 147 Motion for bill of particulars (Morris, M.) (Entered: 07/30/2007)
07/30/2007 174 RESPONSE in opposition by USA as to Wesley Trent Snipes re 146 Motion to produce Brady and Giglio material (Morris, M.) (Entered: 07/30/2007)
07/30/2007 175 RESPONSE in opposition by USA as to Wesley Trent Snipes re 144 Motion to change venue (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Morris, M.) (Entered: 07/30/2007)
07/30/2007 176 RESPONSE in opposition by USA as to Wesley Trent Snipes re 145 Motion to dismiss (Morris, M.) (Entered: 07/30/2007)
07/30/2007 177 RESPONSE in opposition by USA as to Wesley Trent Snipes re 149 Motion for miscellaneous relief (exclude expert testimony of William C. Kerr) (Morris, M.) (Entered: 07/30/2007)
07/30/2007 178 RESPONSE in opposition by USA as to Wesley Trent Snipes re 148 Motion to sever defendant (Morris, M.) (Entered: 07/30/2007)
07/31/2007 179 RESPONSE to motion by USA as to Wesley Trent Snipes re 148 MOTION to sever defendant and Continue the Trial Date, 161 MOTION to supplement Motion to Sever and Continue the Trial Date (Morris, M.) (Entered: 07/31/2007)
08/03/2007 181 Unopposed MOTION to modify conditions of release by Wesley Trent Snipes. (Martin, William) (Entered: 08/03/2007)
08/06/2007 182 ORDER granting 181 Defendant Wesley Trent Snipes' Unopposed Motion To Amend Conditions of Release. Signed by Judge Gary R. Jones on 8/6/2007. (grj) (Entered: 08/06/2007)
08/10/2007 184 ORDER denying 146 Wesley Trent Snipes' Motion For Production Of Brady And Giglio Material. Signed by Judge Gary R. Jones on 8/10/2007. (grj) (Entered: 08/10/2007)
08/20/2007 185 ORDER denying 147 Defendant's Motion For A Bill Of Particulars as to Wesley Trent Snipes (1). Signed by Judge Gary R. Jones on 8/20/2007. (grj) (Entered: 08/20/2007)
08/29/2007 186 ORDER continuing trial to Monday, October 22, 2007 as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. Signed by Judge Wm. Terrell Hodges on 8/29/2007. (LRH) (Entered: 08/29/2007)

Post by **wserra** » Thu Sep 06, 2007 11:09 am

By order docketed yesterday (PACER login required - if anyone wants to see it, post a reply and I'll make it available), the court denied Snipes' outstanding motions to dismiss (on various grounds, including selective prosecution), sever and change venue. Trial is set for October 22, 2007.

He has good lawyers. Should be interesting.

Post by **Demosthenes** » Thu Sep 06, 2007 11:28 am

http://www.cheatingfrenzy.com/snipes188.pdf

His attorneys may be good at handling celebrity issues, but they've filed some pretty questionable tax stuff.

Dr. Caligari · Post by **Dr. Caligari** » Thu Sep 06, 2007 4:14 pm

His attorneys may be good at handling celebrity issues, but they've filed some pretty questionable tax stuff.

The arguments reflected in that order aren't terribly strong, but they are not Tax Protestor-type arguments.

Post by **Demosthenes** » Thu Sep 06, 2007 4:24 pm

Dr. Caligari wrote:The arguments reflected in that order aren't terribly strong, but they are not Tax Protestor-type arguments.

Characterizing the business relationship between Kahn and Snipes as attorney / client was pretty bad.

Claiming the Snipes was selectively prosecuted because he's black was pretty aweful, considering that Snipes was caught using white supremacist techniques (phony Treasury check).

Floating the IMF transcipt as proof that Snipes didn't have to file was absolutely TPesque.

Similarly, in support of the argument that Mr. Snipes did not fail to file, he also seeks to attach a page from his IRS Master File as Exhibit Five to the Motion to Dismiss. This document indicates that in Mr. Snipes' IRS file a notation was included indicating that a Form 1040 was not required. The Master File was not produced through discovery, rather it was obtained by Mr. Snipes through a FOIA request.

Nikki · Post by **Nikki** » Thu Sep 06, 2007 4:36 pm

Codefendant, Eddie Ray: Kahn seems to be relying on the Dr. Rivera defense

It's a shame Eddie hasn't checked up on how well it worked for Dr. Ed.

Of course, in typical back-to-the-wall TP form, Eddie says

Since Kookie is working fulltime to help me, she has not been able to work to make the money necessary for her living expenses. So, I am asking for a $50 suggested donation for the year sent to Kookie Kahn @ PO Box 969, Tavares, Florida 32778.

I guess all the funds he took to Panama are tied up.

Dr. Caligari · Post by **Dr. Caligari** » Thu Sep 06, 2007 4:53 pm

Floating the IMF transcipt as proof that Snipes didn't have to file was absolutely TPesque.

You're right about that one. I missed it.

Post by **wserra** » Thu Sep 06, 2007 5:29 pm

Every now and then, a lawyer does something s/he would not otherwise do because a client insists. A working relationship between lawyer and client greatly enhances the chances of ultimate success (even if small to begin with).

Fortunately, most judges practiced law at some point in their careers and understand this.

Post by **Demosthenes** » Thu Sep 06, 2007 5:48 pm

wserra wrote:Every now and then, a lawyer does something s/he would not otherwise do because a client insists. A working relationship between lawyer and client greatly enhances the chances of ultimate success (even if small to begin with).

Fortunately, most judges practiced law at some point in their careers and understand this.

Last time I looked, no one on the defense team had any experience with criminal tax issues. They may not even know that what Snipes showed them (the IMF transcript) was BS and that they mischaracterized it in their filing. They should have known better on called the Kahn / Snipes relationship one of attorney / client.

Post by **Demosthenes** » Sun Sep 30, 2007 2:33 pm

Docket update.

09/05/2007 188 ORDER denying 144 Motion for change of venue as to Wesley Trent Snipes (1); denying 145 Motion to dismiss as to Wesley Trent Snipes (1); denying 148 Motion to Sever Defendant as to Wesley Trent Snipes (1). Signed by Judge Wm. Terrell Hodges on 9/5/2007. (LRH) (Entered: 09/05/2007)

09/05/2007 190 ORDER governing proceedings at trial as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. Signed by Judge Wm. Terrell Hodges on 9/5/2007. (LRH) (Entered: 09/05/2007)

09/17/2007 191 MOTION for reconsideration re: 188 Order denying Motion to Sever and Motion to Change Venue by Wesley Trent Snipes. (Martin, William) Modified on 9/18/2007 (AIQ). (Entered: 09/17/2007)

09/17/2007 192 MEMORANDUM in support by Wesley Trent Snipes re 191 Motion for reconsideration re: 188 Order denying Motion to Sever and Motion to Change Venue (Martin, William) Modified on 9/18/2007 (AIQ). (Entered: 09/17/2007)

09/19/2007 193 Minute Entry for proceedings held before Judge Wm. Terrell Hodges :STATUS conference as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes held on 9/19/2007. Court Reporter: Dennis Miracle (MAM) (Entered: 09/19/2007)

09/19/2007 194 ORDER denying Defendant Snipes oral motion to continue trial for 90 days; denying Defendant Snipes request for an evidentiary hearing and/or oral argument on his Motion for Reconsideration; Defendant Snipes may have a jury consultant present during the jury selection portion of his trial, and the jury consultant may sit at counsels table during that time period. The Clerk is directed to set this case for pretrial conference at 2:30 p.m. on Wednesday, October 3, 2007. as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. Signed by Judge Wm. Terrell Hodges on 9/19/2007. (LRH) (Entered: 09/19/2007)

09/20/2007 195 NOTICE OF HEARING as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. Status Conference set for 10/3/2007 at 02:30 PM in Courtroom 1 before Judge Wm. Terrell Hodges. Defendant Eddie Ray Kahn, who is in custody, is required to be present. Defendants Douglas P. Rosile and Wesley Trent Snipes are not required to be present.(MAM) (Entered: 09/20/2007)

09/26/2007 196 Unopposed MOTION to continue Pre-Trial Conference by Wesley Trent Snipes. (Martin, William) (Entered: 09/26/2007)

09/26/2007 197 RESPONSE in opposition by USA as to Wesley Trent Snipes re 191 Motion for reconsideration, 192 Memorandum in support (Morris, M.) (Entered: 09/26/2007)

09/27/2007 198 ORDER granting 196 Motion to reschedule pretrial conference as to Wesley Trent Snipes (1). The pretrial conference is rescheduled for Tuesday, October 2, 2007 at 1:30 p.m. Signed by Judge Wm. Terrell Hodges on 9/27/2007. (LRH) (Entered: 09/27/2007)

09/27/2007 199 Directions to the Clerk as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. Signed by Judge Wm. Terrell Hodges on 9/27/2007. (Attachments: #(1) Preliminary Instructions to Jury, #(2) Court's Instructions to the Jury, #(3) Indictment) Copies provided to U.S. Marshal for hand delivery to Eddie Ray Kahn. (MAM) (Entered: 09/27/2007)

09/27/2007 200 NOTICE OF RESCHEDULING HEARING: The pretrial conference hearing previously scheduled for 10/3/07 at 2:30 pm is rescheduled as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. New hearing date and time: Pretrial Conference set for 10/2/2007 at 01:30 PM in Courtroom 1 before Judge Wm. Terrell Hodges. Defendant Eddie Ray Kahn, who is in custody, is required to be present. Defendants Douglas P. Rosile and Wesley Trent Snipes are not required to be present. Copy provided to U.S. Marshal. Copy provided to U.S. Marshal for hand delivery to Eddie Ray Kahn.(MAM) (Entered: 09/27/2007)

09/27/2007 201 ORDER listing subjects for discussion at October 2, 2007 pretrial conference as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. Signed by Judge Wm. Terrell Hodges on 9/27/2007. (LRH) (Entered: 09/27/2007)
09/27/2007 202 MOTION for Kanan B. Henry to appear pro hac vice by Wesley Trent Snipes. (Attachments: #(1) Text of Proposed Order) (AIQ) Motions referred to Magistrate Judge Gary R. Jones. (Entered: 09/27/2007)

09/28/2007 204 ORDER denying 191 Motion for Reconsideration as to Wesley Trent Snipes (1). Signed by Judge Wm. Terrell Hodges on 9/28/2007. (LRH) (Entered: 09/28/2007)

09/28/2007 205 ORDER granting 202 Motion For Admission Pro Hac Vice as to Wesley Trent Snipes (1). Kanan B. Henry is admitted pro hac vice. Signed by Judge Gary R. Jones on 9/28/2007. (grj) (Entered: 09/28/2007)

Nikki · Post by **Nikki** » Sun Sep 30, 2007 3:00 pm

Louisiana State Bar Association
Bar Examination - July 2006
....
Kanan B. Henry Passed
....

Post by **Demosthenes** » Sun Sep 30, 2007 7:00 pm

Associate in one of the celebrity lawyer's office.

Nikki · Post by **Nikki** » Sun Sep 30, 2007 7:03 pm

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.

Post by **wserra** » Sun Sep 30, 2007 7:26 pm

Nikki wrote:Number of attorneys with significant criminal law experience = 0

Billy Martin is one of the top white collar practitioners out there. I am not sure of his criminal tax experience, but doubt that it matters.

I still bet on a horserace. But Snipes has a big problem with Kahn at the defense table - pro se, no less. The jury will be hard pressed to believe that he was taking tax advice in good faith from someone who will likely tell them (as he told the judge) that they will be committing "TREASON" if the case against him is not dismissed.

The Operative · Post by **The Operative** » Fri Oct 05, 2007 11:04 am

Fox News wrote: A judge has refused to postpone actor Wesley Snipes' tax evasion trial after his newly appointed attorneys asked for extra time to allow them to prepare.

Snipes' new lead attorney, Robert G. Bernhoft, wrote in a three-page emergency motion that the actor was concerned about whether his former attorney Daniel Meachum would be physically well enough to take an active role in his Oct. 22 trial.

According to the motion, Snipes also felt that lead trial attorney William R. Martin had not prepared adequately.

Senior Judge Terrell Hodges on Wednesday rejected the reasons given in the motion.

"This series of events would lead any reasonable person to suspect that the defendant's dismissal of able counsel is nothing more than a ploy designed to force a continuance of the trial," Hodges said. "In any event, it will not have that effect."

An October 2006 federal indictment charges Snipes with fraudulently claiming refunds totaling nearly $12 million in 1996 and 1997 for income taxes already paid. The star of the "Blade" trilogy and other films also was charged with failure to file returns from 1999 through 2004.

The indictment said Snipes conspired with American Rights Litigators' founder Eddie Ray Kahn and tax preparer Douglas P. Rosile Sr. to file false refund claims based on a bogus argument that only income from foreign sources was subject to taxation.

The indictment said Kahn and Rosile, through American Rights Litigators, collected fees of up to 20 percent of refunds from fraudulent tax returns.

A telephone message left by The Associated Press with Bernhoft's office was not immediately returned. A telephone listing for American Rights Litigators could not be located.

Post by **wserra** » Fri Oct 05, 2007 11:14 am

Snipes fired Billy Martin for Bernhoft?

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

Post by **wserra** » Fri Oct 05, 2007 11:35 am

A couple of fairly extraordinary affidavits:

Bernhoft accusing Martin of what amounts to malpractice. Akin to Kevin Trudeau (see current thread in MLM forum) criticizing the care at Sloan-Kettering.

Martin's reply ("I don't fall on my sword for scumbags").

Post by **Demosthenes** » Fri Oct 05, 2007 11:50 am

I am enjoying this *way* too much.

Imalawman · Post by **Imalawman** » Fri Oct 05, 2007 12:49 pm

What in the hell is Snipes thinking? I was surprised that he got Billy Martin to begin with. But no, he fires him?!?! HA!! I love it!!

Post by **Demosthenes** » Fri Oct 05, 2007 4:10 pm

Docket update:

10/01/2007 206 MOTION for Additional Jury Peremptory Challenges by Wesley Trent Snipes. (Attachments: # 1 Text of Proposed Order)(Bierman, Donald) (Entered: 10/01/2007)

10/01/2007 208 MOTION in limine to exclude anticipated tax-protestor "evidence" and argument by USA as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes. (Morris, M.) (Entered: 10/01/2007)

10/02/2007 209 Minute Entry for proceedings held before Judge Wm. Terrell Hodges :STATUS conference as to Eddie Ray Kahn, Douglas P. Rosile, Wesley Trent Snipes held on 10/2/2007. Court Reporter: Dennis Miracle (MAM) (Entered: 10/03/2007)

10/03/2007 210 APPEARANCE of non-resident counsel and designation of local counsel by Robert G. Bernhoft on behalf of Wesley Trent Snipes. Notice of Discharge of Counsel, Appearance and Substitution of New Trial Counsel Local Counsel: Ward Meythaler. Non-Resident Counsel: Robert G. Bernhoft and Robert E. Barnes. (Bernhoft, Robert) (Entered: 10/03/2007)

10/03/2007 211 Written designation and consent to act by Robert G. Bernhoft as to Wesley Trent Snipes. Local Counsel: Ward Meythaler. Non-Resident Counsel: Robert G. Bernhoft (Bernhoft, Robert) (Entered: 10/03/2007)

10/03/2007 212 Written designation and consent to act by Robert G. Bernhoft as to Wesley Trent Snipes. Local Counsel: Ward Meythaler. Non-Resident Counsel: Robert E. Barnes (Bernhoft, Robert) (Entered: 10/03/2007)

10/03/2007 213 MOTION to continue trial by Wesley Trent Snipes. (Bernhoft, Robert) (Entered: 10/03/2007)

10/03/2007 214 Emergency MOTION for William R. Martin, Daniel R. Meachum, Donald I. Bierman, Kerry Brainard Verdi, Kanan B. Henry to withdraw as attorney by Wesley Trent Snipes. (Martin, William) Modified on 10/4/2007 (AIQ). (Entered: 10/03/2007)

10/03/2007 215 ORDER denying 213 Motion to continue trial as to Wesley Trent Snipes (1). Signed by Judge Wm. Terrell Hodges on 10/3/2007. (LRH) (Entered: 10/03/2007)

10/03/2007 216 ORDER memorializing rulings at October 2, 2007 pretrial conference; granting 206 Motion for additional peremptory challenges as to Wesley Trent Snipes (1), and denying oral motion as to Wesley Trent Snipes to move trial to Orlando or Tampa. Signed by Judge Wm. Terrell Hodges on 10/3/2007. (LRH) (Entered: 10/03/2007)

10/04/2007 217 NOTICE OF HEARING on motion Wesley Trent Snipes 214 Emergency MOTION for William R. Martin, Daniel R. Meachum, Donald I. Bierman, Kerry Brainard Verdi, Kanan B. Henry to withdraw as attorney: Motion Hearing set for 10/9/2007 at 04:30 PM in Courtroom 1 before Judge Wm. Terrell Hodges. **PRESENCE OF DEFENDANT, WESLEY TRENT SNIPES, IS REQUIRED AT THIS HEARING.** All counsel of record are required to be present. Copy provided to U.S. Marshal. Copy mailed to Eddie Ray Kahn.(MAM) (Entered: 10/04/2007)

10/04/2007 218 SUPPLEMENT re 214 Emergency MOTION for William R. Martin, Daniel R. Meachum, Donald I. Bierman, Kerry Brainard Verdi, Kanan B. Henry to withdraw as attorney (Attachments: # 1 Affidavit of William R. Martin)(Martin, William) (Entered: 10/04/2007)