Snipes Verdict

[.]

You don't suppose Snipes is stupid enough

He's a TP.

Everthing flows from that. Therefore, anything is possible.

[Bill E. Branscum]

The defense seems to think that winning a victory on the place of residence will get them a full acquittal. I am unclear on that concept.

By the way, our good Quatloos buddy Bill Branscum is attending the trial. (He's working for Snipes.) Teaparty moderator Robert Raymond is also there.

I think the jury will be out more than a day - they have a lot to do, and I agree with Demo in that they are a very responsible jury.

I am not so sure that Rosile and Kahn are going to be convicted - not because they don't deserve to be, so much as the absence of evidence. In my view, I think the government may have been so focused on Snipes that Rosile and Kahn may well be "lost in the sauce."

If the residence at the Windermere address issue is death to counts three-through eight (and like Demo, I don't know that I completely see how that works) that should be a blow out. He never lived there, and the government should have been able to figure that out.

As for conspiracy, that should fail due to the elements of the offense. The government hasn't met their burden - I don't think they have met any burden at all.

As for the fraudulennt claims count, that's silly - but I can see why anyone depending on the press for news wouldn't understand that. Most of them have no clue.

I wish I had time to write more, but those of you who have never worked a federal criminal case cannot imagine the pressure. "I love the smell of napalm in the morning."

[wserra]

And how important is the defendant's physical presence in a count where the lack of doing something is the crime. Where was Snipes when he didn't file the 2001 tax return?

The question is rendered pretty much academic because of the properly-joined conspiracy counts.

Something about this point bothered me, and I looked a little further. While a quick search doesn't find Supreme Court law on the matter, I don't think this is right. A properly-joined, properly-venued conspiracy count will not save substantive counts (here the failures to file) from dismissal on improper venue. Venue must be satisfied as to each count. That is part of the reason why prosecutors frequently charge what would otherwise be substantive crimes as overt acts in a conspiracy count.

The rest of what I wrote is right. I think.

[Dr. Caligari]

If the residence at the Windermere address issue is death to counts three-through eight (and like Demo, I don't know that I completely see how that works) that should be a blow out. He never lived there, and the government should have been able to figure that out.

He certainly said that he lived there. Many times.

Can you say "admission against interest," boys and girls?

I knew you could!

[tracer]

Ladies and Gentlemen, regardless of the merits of the government's case, you must acquit my client for lack of jurisdiction. You see, my client has been assisting his good friend David Copperfield in the development of a new levitation demonstration, and on every occasion when the alleged acts took place, he was in fact, floating 10 feet above the ground, and therefor not being on US soil, was not within any applicable venue.

I'm sure the judge would apply airspace jurisdiction in that case.

[Demosthenes]

He never lived there, and the government should have been able to figure that out.

And yet, he applied for the Florida Homestead Exemption, and swore under oath on mutiple forms that it was his residence, and used it as his residence on his many movie contracts...

Heck, he even used it as his address for the IRS form he signed in March 2004 granting Bernhoft and Barnes powers of attorney.

Funny that last form. His current defense counsel were advising him on two of his willful failure to file counts???

[Demosthenes]

In my view, I think the government may have been so focused on Snipes that Rosile and Kahn may well be "lost in the sauce."

I predict they're toast based on three pieces of evidence:

1) In 1997, Rosile wrote an adoring fan letter to Kahn, effectively saying I hate the IRS so lets work together so I can bring all of my clients to you, and you can help with my personal IRS problems.

2) The written agreement between Rosile and Kahn where Kahn agrees 1) to pay Rosile $100 per day to answer phones and talk to clients, 2) Kahn will pay Rosile $50 for every return Rosile prepares for Kahn's clients, and Kahn will keep he other $50 they charge the client, and 3) Kahn and Rosile will split 50/50 the 20% commissions the clients will pay when they receive their amended return refunds.

3) The nasty letter from Rosile to Kahn calling Kahn a "hypocritical Christian" and acusing Kahn from stealing refund commissions from him.

I could easily come up with another 20 or 30 examples, you know, like Kahn and Snipes doing a seminar in Snipes' home to Snipes' employees, forcing them into the 861 scheme, or Rosile and Snipes both signing that pesky fraudulent amended return where 10% of the refund would go to Kahn, 10% would go to Rosile, and 80% would go to Snipes.

[notorial dissent]

You know, it's just terrible how all those pesky little facts keep cropping up and getting in the road of an otherwise inspired bit of fiction, and an inspired tap dance by his attorneys.

[Judge Roy Bean]

...No, that's only evidence that he *claimed* a Florida residence. He might have been lying.

You don't suppose Snipes is stupid enought to take the stand and testify that he wasn't really a resident of Florida, but was a resident of (California, New York, or New Jersey, take your pick), but that he claimed to have a Florida residence in order to evade (I'm sorry, make that "avoid") the income taxes that would otherwise be payable to those other states?

I really don't think that admitting that he lied in order to avoid state income tax is really going to help his cause.

If he indeed has property in Florida, I believe part of the purpose is to avail himself of the protection provided by Florida's homestead provision. While it doesn't protect him from tax liens and collections, it does preclude other judgment creditors. You can be in debt up to your eyeballs and have a multi-million dollar mansion in Florida, lose a civil case and not have to worry about a forced sale of your home.

[Joey Smith]

Stupid bet by Bernhoff.

[LPC]

It's gone to the jury, so the poll is closed.

Most guesses were for most of one day, in which case we won't have a verdict until tomorrow.

[Dezcad]

The jury still has not reached a verdict and has taken a lunch break. For video from a local TV station, see:

http://www.wesh.com/video/15175769/index.html

[Investor]

After 4:00pm and all is quiet on the Western Front. It looks like the "more than one day" crowd is moving into the cat-bird seat.

[Imalawman]

After 4:00pm and all is quiet on the Western Front. It looks like the "more than one day" crowd is moving into the cat-bird seat.

BLAST!!!!

[Doktor Avalanche]

This doesn't look good. I think a few of them are moving for acquital.

[Dezcad]

This doesn't look good. I think a few of them are moving for acquital.

Maybe they are all getting a chuckle from the voluminous off-the-wall letters and documents that WTS sent to the IRS.

[Imalawman]

This doesn't look good. I think a few of them are moving for acquital.

Oh, I don't necessarily think so. This is a complicated case, I just thought they'd get right down to filling in the blanks. My guess is that Demo, who was there in person, has a better feel about the jury. She thought it would take until later on tomorrow to get a verdict. So, I'm not worried. After tomorrow night, if no verdict, I think I will be.

[Doktor Avalanche]

OCALA, Fla. -- The jury in the Wesley Snipes tax fraud trial has deliberated all day Wednesday, and so far they have not come to a verdict.

They'll be back again Thursday to continue deliberations at the Ocala federal courthouse. Wesley Snipes nor his attorneys have been at the courthouse all day.

That's that. See you tomorrow.

[Truthstalker]

Let's see...Snipes is a movie star, there're seven women on the jury...no way he's going to prison.

[webhick]

Let's see...Snipes is a movie star, there're seven women on the jury...no way he's going to prison.

That would work...if he weren't action star ugly.