TP avoids jail by renouncing citizenship during sentencing!

[Joey Smith]

Not really. http://greenvilleonline.com/apps/pbcs.d ... 11029/1004

[Cobalt Shiva]

Bar none funniest part of the story:

Herlong instructed that the U.S. Immigration and Customs Enforcement agency be notified that Atwell has renounced his citizenship.

DEPORT HIS WORTHLESS (BIBLICAL BEAST OF BURDEN)!

[notorial dissent]

I am curious, if he actually is reported to USIC, and they take him seriously, what would the ramifications be? Would he be given an order to depart the country, or what?

[RyanMcC]

I am curious, if he actually is reported to USIC, and they take him seriously, what would the ramifications be? Would he be given an order to depart the country, or what?

It won't be taken seriously.

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:

appear in person before a U.S. consular or diplomatic officer,
in a foreign country (normally at a U.S. Embassy or Consulate); and
sign an oath of renunciation

Renunciations that do not meet the conditions described above have no legal effect. Because of the provisions of section 349(a)(5), Americans cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.

http://travel.state.gov/law/citizenship ... p_776.html

Also even if his renunciation had any legal validity it wouln't help his current tax matters much.

E. TAX & MILITARY OBLIGATIONS /NO ESCAPE FROM PROSECUTION

Also, persons who wish to renounce U.S. citizenship should also be aware that the fact that a person has renounced U.S. citizenship may have no effect whatsoever on his or her U.S. tax or military service obligations (contact the Internal Revenue Service or U.S. Selective Service for more information). In addition, the act of renouncing U.S. citizenship will not allow persons to avoid possible prosecution for crimes which they may have committed in the United States, or escape the repayment of financial obligations previously incurred in the United States or incurred as United States citizens abroad.

[Famspear]

I am absolutely no authoritative help on this area of the law, but my vague memory is that I read somewhere that a U.S. citizen cannot effectively renounce U.S. citizenship while physically present in the United States. He/she generally must leave the country and appear before a consular officer and formally renounce at that time and place.

Does anyone know if this is right?

Edit: Oops, Ryan McC beat me to it.

[webhick]

I am absolutely no authoritative help on this area of the law, but my vague memory is that I read somewhere that a U.S. citizen cannot effectively renounce U.S. citizenship while physically present in the United States. He/she generally must leave the country and appear before a consular officer and formally renounce at that time and place.

Does anyone know if this is right?

Everyone knows that all courts actually reside on British soil, much the way an embassy does. So, technically, when he renounced his citizenship he had physically left the country the second he crossed the property line. His testimony counts as an oath of renunciation, and all courthouse employees (aside from lawyers, judges, clerks, and paralegals) are really just diplomatic officers with fancy job titles.

[Prof]

Having grown up in SC, I moved to Texas. I rest my case.

[Gregg]

Before the Civil War, a politician of one sort or another remarked that South Carolina was too small to be a country and too large to be a mental asylum. Some things never change.

[Cobalt Shiva]

I confess that I was unfortunate enough to get sent to MCAS Beaufort, SC for three years.

Oh, and for the former CO of MAG-31 who was banging the Group XO's wife (you know who you are): :angrybird:

[wserra]

Having grown up in SC, I moved to Texas.

Thereby, in one fell swoop, raising the level of two state bars.

[Prof]

Having grown up in SC, I moved to Texas.

Thereby, in one fell swoop, raising the level of two state bars.

Not being a member of the SC Bar, I think you meant to say, raising the level of one bar in each state. On the other hand, Texas has "more bars in more places ...."

As for the geographically challenged Marine Brat, CKB:

Parris Island is located in SC, and is actully pretty close to Hilton Head (which didn't exist when your dad was a 'cruit at San Diego). Pre Hilton Head, no one other than cadre got to leave, so the 40 plus miles to Savannah or Charleston did not really matter. Lejuene, in Jacksonville, NC, where I was once on TDY with 2nd MAR DIV, is 20 miles from nowhere, but there's a 4 lane highway to get you there. I was lucky enought to be stationed at Ft. Bragg, NC, home of the John F. Kennedy Center for Military Assistance and the 82nd Airborne. Ft. Bragg is about 150 miles from anywhere, even on I-95, which runs right by it. However, the Air Force is happy to deliver you and your gear anywhere in the world in about 24 hours, complete with everything you need to survive in a hostile environment.

[webhick]

Parris Island is located in SC, and is actully pretty close to Hilton Head (which didn't exist when your dad was a 'cruit at San Diego). Pre Hilton Head, no one other than cadre got to leave, so the 40 plus miles to Savannah or Charleston did not really matter.

You're killing me here, you really are.

[Prof]

I wish I could claim credit!!!!!!!!!!

[Quixote]

Even if the renunciation had had legal effect, the result would more likely have been an increase in his tax liability, not a decrease. NRA's working in the US pay less in US taxes than citizens only if some or all of their income is exempt by treaty. I could be wrong, but I don't think the US has a tax treaty with South Carolina. Unless he earned those commissions in a real foreign country, not South Carolina, his income would be the same and he would be limited to his personal exemption and itemized deductions, if he had elected to itemize. That could have increased the maximum sentence.