Snipes trial (Continued)

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Disilloosianed

Post by Disilloosianed »

I guess he'll be seeing....
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Post by . »

Somehow I doubt the jury will confuse "crazy" arguments or a "disagreement" with or "engaging" the IRS with a "good faith belief."

Then again, you never know what a jury will decide.
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Famspear
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Post by Famspear »

From the lawyer for Mr. Snipes:
Disagreement with the IRS is not fraud of the IRS, is not deception," Barnes said. "It was an attempt to engage the IRS, to go through the IRS procedures and processes and see who's right [ . . .]
Yes, when someone writes multimillion dollar hot checks in the form of "bills of exchange" or whatever Snipes and his people called them, that's not a fraud, oh no -- that's just "an attempt to engage" -- to "see who's right".

And when Snipes filed those amended returns with the altered jurat, showing zero income and claiming multi-million dollar refunds, those actions weren't a fraud, they were just "an attempt to engage" and to "see who's right."

And the next time someone issues a hot check to you, don't get excited, don't call the police or the DA. After all, the person that issued that hot check to you was just attempting "to engage" with you, and to "see who's right."
"My greatest fear is that the audience will beat me to the punch line." -- David Mamet
Bud Dickman

Post by Bud Dickman »

.....Barnes also reminded jurors that they would not relieve the actor of his tax obligation if they found him not guilty.

"No matter what happens…he'll probably spend the next 20 years working for the IRS.''....


http://www.orlandosentinel.com/news/loc ... 6514.story
Imalawman
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Post by Imalawman »

No word from Demo today huh? I rather thought we'd get nice little blackberry updates. Has the case gone to the jury yet?
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Doktor Avalanche
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Post by Doktor Avalanche »

Imalawman wrote:No word from Demo today huh? I rather thought we'd get nice little blackberry updates. Has the case gone to the jury yet?
Closing Arguments Begin In Wesley Snipes Trial
Tuesday, January 29, 2008 2:09:17 PM


Closing arguments were scheduled Tuesday in the tax fraud and conspiracy trial of actor Wesley Snipes.

The trial was first expected to last a month, but the defense rested unexpectedly Monday without calling any witnesses.

The federal government said Snipes has not filed a proper tax return since 1999.

Snipes was accused of becoming involved with a Central Florida tax protest group, and engaged the IRS in a long debate insisting he did not owe any taxes.

The arguments Snipes used have been long rejected by the courts, but the government must prove he intentionally violated the law to convict him.

Snipes' attorneys said he was misled by accountants, and he did nothing wrong.
The laissez-faire argument relies on the same tacit appeal to perfection as does communism. - George Soros
LPC
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Post by LPC »

Orlando Sentinel has an article on the closing arguments here.

Arguments that interested me:
"Being a protestor is not a crime,'' Barnes said. "This is, after all, the United States of America.'' He said prosecutors failed to prove that Snipes tried to deceive or trick the IRS, a crucial element of the conspiracy charge.

The actor "openly, publicly and honestly engaged the IRS again and again and again,'' Barnes said.

Snipes sought conferences and public hearings with the IRS to clarify his tax obligations and tax theories, which the agency had rejected.

"Tax fraud ... do not ask to be audited,'' said Barnes.

In his letters to the IRS, which the prosecutors characterize as frivolous and threatening, Snipes resisted and challenged the tax agency.

"But that is not a crime,'' Barnes said. "Frankly, that's America.''
So, if Snipes files a return claiming an $X million refund, that's not a crime because he's just "engaging" the IRS, and if he sends threatening letters to the IRS, that's not a crime just free speech.

And the jury is not going to make a connection?
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
Doktor Avalanche
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Post by Doktor Avalanche »

It's a moot point now, my friend. They've gone into the back room to deliberate.
The laissez-faire argument relies on the same tacit appeal to perfection as does communism. - George Soros
LPC
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Post by LPC »

Doktor Avalanche wrote:It's a moot point now, my friend. They've gone into the back room to deliberate.
The closing arguments are a moot point?

I hope the jury doesn't agree with that point of view.
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
Doktor Avalanche
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Post by Doktor Avalanche »

LPC wrote:
Doktor Avalanche wrote:It's a moot point now, my friend. They've gone into the back room to deliberate.
The closing arguments are a moot point?

I hope the jury doesn't agree with that point of view.
God...lawyers! :wink:

No, Dan, I wasn't suggesting that the closing arguments are a moot point (well, technically, they are if Wesley and company thinks there's a chance it'll convince a jury otherwise). We'll just have to hope and pray that the jury is hip and sees through that patriotic flag-waving tripe.
The laissez-faire argument relies on the same tacit appeal to perfection as does communism. - George Soros
Bud Dickman

Post by Bud Dickman »

Wesley Snipes makes comment about trial
Actor makes comment about trial
By The Associated Press

Story Created: Jan 29, 2008 at 9:02 PM EST

Story Updated: Jan 29, 2008 at 9:02 PM EST
OCALA, Fla. (AP) - Wesley Snipes has made his first public comments since his tax evasion trial began in Ocala.

He says he has "always been paying" his taxes and trying to comply with federal tax rules.

But the actor claims the problem has been with the IRS, not with him. His attorneys have claimed Snipes tried to get the IRS to clarify his claim that he isn't liable to pay income taxes, but didn't get a response.

Snipes and two co-defendants are charged with seeking millions of dollars in refunds for taxes they'd already paid. Snipes is also accused of failing to file returns for several years straight.

If convicted, he could get up to 16 years in prison if convicted on all counts, although sentences that long are unusual.

Yesterday, the defense in the case rested without calling a single witness.
Doktor Avalanche
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Post by Doktor Avalanche »

Bud Dickman wrote:Wesley Snipes makes comment about trial
Actor makes comment about trial
By The Associated Press

Story Created: Jan 29, 2008 at 9:02 PM EST

Story Updated: Jan 29, 2008 at 9:02 PM EST
OCALA, Fla. (AP) - Wesley Snipes has made his first public comments since his tax evasion trial began in Ocala.

He says he has "always been paying" his taxes and trying to comply with federal tax rules.

But the actor claims the problem has been with the IRS, not with him. His attorneys have claimed Snipes tried to get the IRS to clarify his claim that he isn't liable to pay income taxes, but didn't get a response.

Snipes and two co-defendants are charged with seeking millions of dollars in refunds for taxes they'd already paid. Snipes is also accused of failing to file returns for several years straight.

If convicted, he could get up to 16 years in prison if convicted on all counts, although sentences that long are unusual.

Yesterday, the defense in the case rested without calling a single witness.
So it was actually Choco Holic who wasn't paying his taxes, writing hot checks, sending letters to the IRS daring them to prosecute him and generally spouting TP nonsense.
The laissez-faire argument relies on the same tacit appeal to perfection as does communism. - George Soros
LPC
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Post by LPC »

Bud Dickman wrote:Yesterday, the defense in the case rested without calling a single witness.
And what witness could they have called?

Eddie Kahn ("Cane")?

Barbara Walters?

If the defense had presented character witnesses, then the government could have presented counter-character witnesses in rebuttal.

Not calling witnesses can be a show of strength, because the government's case is weak, but it can also be a show of strength, because the defense has no witnesses to call.
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.