Wesley Snipes sentencing memo

[Demosthenes]

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

[Bud Dickman]

I cannot download PDF's at work - for others who may be in the same situation.

OrlandoSentinel.com
Prosecutors: Wesley Snipes deserves 3 years in prison in tax case
Stephen Hudak

Sentinel Staff Writer

5:53 PM EDT, April 14, 2008

Actor Wesley Snipes should go to prison for three years and pay a fine of at least $5 million, prosecutors in his tax case said in a sentencing memo filed today.

Snipes was convicted in February of willfully failing to file a tax return, but he was acquitted of felony conspiracy and tax-fraud charges.

"This case cries out for the statutory maximum term of imprisonment, as well as a substantial fine," prosecutors wrote in their sentencing memo filed in federal court in Ocala, "because of the seriousness of defendant Snipes' crimes and because of the singular opportunity this case presents to deter tax crime nationwide."

Snipes' attorney Daniel Meachum said he had not yet read the memorandum and would not comment. He said Snipes' defense team would submit its own sentencing memorandum before the sentencing, which is set for April 24 before U.S. Senior Judge William Terrell Hodges.

"Our position obviously is different than the government's," Meachum said.

[Demosthenes]

Whoa.

There's a whole lot of interesting stuff in that filing. Remember that constant focus on venue venue venue posted here and in the trial itself?

Denial of Release Pending Anticipated Appeal

The United States respectfully submits that Snipes should be denied release
pending his anticipated appeal because he cannot raise a substantial question that
would result in a reversal of his convictions. See 18 U.S.C. § 3143(b)(1). An appeal by
Snipes would not raise a substantial question of law or fact with respect to the three
failure to file counts of which he was convicted. There is, for example, no substantial
basis upon which Snipes could mount a challenge to the sufficiency of the evidence on
the elements of these counts. Overwhelming evidence proved that Snipes had
sufficient income to require him to file returns and that he willfully failed to file those
returns. Although Snipes contested venue for the § 7203 counts pre-trial and during the government's case-in-chief, that issue is now largely waived, because the Rule 29
motion he filed (Doc. 389), which was specific as to other issues, did not challenge the
sufficiency of the government's proof as to venue. See United States v. Herrera, 313
F.3d 882, 884-85 (5th Cir. 2002) (en banc). Because Snipes' counsel affirmatively
agreed to the jury instruction on venue (1/28/08 Trans. at 55), defendant also waived
any challenge to that instruction.

[Dezcad]

I hope Wes enjoys his 36 months. It's coming.

[Judge Roy Bean]

I hope Wes enjoys his 36 months. It's coming.

Does the word "appeal" come to mind? No matter the cause, there will be one for someone with the kind of resources he has.

I doubt Daywalker will see the inside of a cell for that long, let alone any time soon.

[Doktor Avalanche]

Snipes is not deserving of leniency based upon an argument that he has
"suffered enough" simply from having been convicted.

I wholeheartedly agree.

[Imalawman]

That is a very thorough memorandum by the gov't. Based on that, I will change my position and say that Wes will spend at least 2 years in jail. (without factoring in any favorable appeal decision)

[jcolvin2]

I did not follow the Wesley Snipes tax evasion trial closely. I was surprised when I read the government sentencing memo to find that Snipes apparently placed his money with Swiss entities that (at some point) had an association with Arno Arndt-related persons, Erich Schwörer & O.I.C. Octomar:

M&S Finance & Trust, S.A. (p. 16, 18 of the sentencing memo)

SST Sterling Swiss Trust (p. 16 of the sentencing memo)

I am unclear as to the exact time line - it is possible that Arndt and/or his cohorts bought these companies after Snipes had finished using them.

Arndt has, shall we say, a quite colorful history:

http://www.alabamaagainstfraud.com/phpB ... light=kish

[Dr. Caligari]

Does the word "appeal" come to mind? No matter the cause, there will be one for someone with the kind of resources he has.

Sure he'll appeal, but under federal law bail pending appeal is far from automatic. It is a distinct possibility that he will begin serving his sentence right away, notwithstanding the appeal.

[webhick]

From Demo:

Snipes’ defense counsel just filed a Why-Wesley-Shouldn’t-Go-to-Prison memo.

http://www.cheatingfrenzy.com/snipes453.pdf
http://www.cheatingfrenzy.com/snipes453-1.pdf

Sentencing is scheduled for tomorrow.

[Famspear]

No decision on sentence yet, but this is in....

Snipes hearing breaks for lunch; judge says guidelines advise max sentence

[Ocala Star-Banner, Thursday, April 24, 2008]

OCALA - So far, at least, in the sentencing hearing, U.S. District Judge William Terrell Hodges has made it clear that actor Wesley Snipes could be facing the maximum three-year prison term on three counts of failing to file his taxes.

At about noon, Hodges recessed the hearing at the Ocala federal courthouse for a lunch break. The hearing resumes at 1:30 p.m.

During a session that began at 9:30 a.m., Hodges first discussed the pre-sentencing report for Snipes co-defendant Eddie Ray Kahn. Then, in a back-and-forth with lawyers, the judge discussed the reports for Snipes and his other co-defendant, former accountant Douglas Rosile.

Hodges indicated that the guidelines advised the maximum 10-year sentence for Kahn, the organizer of a tax-evasion scheme, on two felony counts.

"I don't accept anything," Kahn told Hodges in response to questions during the hearing. "I don't accept this offer. Or I don't assent to these proceedings."

Hodges concluded that for Rosile - who, like Kahn, was convicted in February on felony conspiracy and fraud charges - the guidelines advised a sentence of between 63 months and 78 months.

For about an hour and 45 minutes, Hodges reviewed Snipes' pre-sentencing report with defense lawyer Carmen Hernandez and Assistant U.S. Attorney Scot Morris.

Hernandez argued against the constitutionality of the guideline as it applied to Snipes' misdemeanor offenses. She also objected to the inclusion of much information in the report relating to the felony offenses on which Snipes was found not guilty.

She said it was as if the report didn't take into account that a jury had heard the evidence and found Snipes not guilty on those charges.

"It's almost like a '1984' scenario or a like an 'Alice in Wonderland' scenario," she argued at one point.

Hodges noted that if Snipes had been convicted of the felony he would be facing something like 15 years in prison instead of a possible three-year sentence.

He declined to give Snipes credit for "accepting responsibility" for the crimes by offering to plead guilty in August on one count of misdemeanor tax evasion and offering to pay his taxes.

Even accepting the defense's calculation of $228,000 for the government tax loss, Hodges said the guidelines still advised a sentencing range of 33 - 41 months.

He noted that the maximum three-year sentence - which is one year on each misdemeanor count - is "squarely in the middle of that sentencing range.

"Why should I go any further than that," Hodges asked.

- Joe Byrnes

http://www.ocala.com/apps/pbcs.dll/arti ... e=printart

[Famspear]

Excerpt from article above:

I don't accept anything," [convicted defendant Eddie Ray] Kahn told [Judge] Hodges in response to questions during the hearing. "I don't accept this offer [sic!!! offer???!!!!???] . Or I don't assent to these proceedings."

Oh, well, Eddie! Thanks for clearing that up! I guess the judge will just send Eddie home now? Just forget about the whole thing, Eddie, it was just a misunderstanding!

Really helpful, Eddie.

[Famspear]

Another excerpt:

He declined to give Snipes credit for "accepting responsibility" for the crimes by offering to plead guilty in August on one count of misdemeanor tax evasion and offering to pay his taxes.

"misdemeanor tax evasion"???

I wish the reporter would be a bit more precise in the use of legal terminology.

[Dezcad]

Another excerpt:

He declined to give Snipes credit for "accepting responsibility" for the crimes by offering to plead guilty in August on one count of misdemeanor tax evasion and offering to pay his taxes.

"misdemeanor tax evasion"???

I wish the reporter would be a bit more precise in the use of legal terminology.

Scoop wouldn't be so careless.

[Famspear]

and another report:

Wesley Snipes sentencing in recess

Stephen Hudak

Sentinel Staff Writer

1:10 PM EDT, April 24, 2008

OCALA

A federal judge this morning heard objections from a lawyer for Wesley Snipes, as the defense struggled to keep the Orlando-born actor out of prison for tax crimes.

The proceedings will recess until 1:30 p.m. today without a decision on Snipes or his co-defendants, Eddie Ray Kahn, 64, of Sorrento, and Douglas Rosile, 59, of Venice.

TV judge Joe Brown was among those in a crowded courtroom.

[ . . . ]

Recently added co-counsel Carmen Hernandez argued that Snipes' crimes were not serious, pointing out that the jury found him guilty of three misdemeanor counts of willful failure to file federal tax returns. But Senior U.S. District Judge William Terrell Hodges disagreed with her.

"Any offense that places my liberty at risk is a serious one," Hodges said.

Hernandez also revealed that Snipes, 45, star of more than 50 films, including the Blade vampire trilogy, had offered in August 2007 to plead guilty to one misdemeanor count and to pay his tax debt as long as he was promised no prison time.

She said prosecutors rejected the offer, insisting the actor plead to one of two felony counts that he was charged with. A jury in Ocala acquitted him of both felony counts on Feb. 1. Hernandez also argued against imposing a fine on the actor.

"He will pay off these taxes [with interest and penalties]. He will be paying a lot more than if he had paid his taxes on time," she said.

The judge then quipped that Snipes has already paid dearly, a reference to his expensive stable of lawyers. Snipes smiled and nodded his head as if in agreement.

Snipes has a star-studded cast of supporters.

Denzel Washington called him a "mighty oak."

Woody Harrelson declared that he was honored to call the Orlando-born actor "my brother."

In addition to Brown, another TV judge, Greg Mathis, chimed in with his opinion that Snipes should not go to prison.

[ . . . ]

Federal prosecutors previously filed a memorandum asking Hodges to impose a three-year prison term and levy a minimum fine of $5 million on Snipes.

[ . . . ]

"Mr. Snipes has led an otherwise exemplary life and is deeply sorry for his wrongful conduct. He has retained reputable tax professionals to assist him in resolving his tax liability and will make amends," the [defendant's] memo said.

[ . . . ]

Harrelson, who co-starred with Snipes in Wildcats, White Men Can't Jump and Money Train, said his friend "strives for rightness in all his relations, and I realized early on what a true citizen of the world Wes is. Wes seeks solutions and resolutions rather than sitting back and watching the horrors and injustices that plague our world."

Both TV jurists suggested that Snipes had been misled by Kahn.

Brown called Snipes "a trusting, sometimes gullible, individual who is vulnerable to the opportunist invariabl[y] drawn to such celebrities as your defendant; the sometimes false, sometimes misguided, sometimes reckless who would deceive or mislead to secure the endorsement, trust and support of a star."

Mathis said the actor was "remorseful for any involvement he had with these other individuals and is willing to share his experience with others in the community and . . . encourage them to not become involved in tax-related schemes to defraud the IRS."

[ . . . ]

In addition to rejecting the government's call for the maximum sentence, Snipes' defense team disputes the government's estimated tax loss from the crimes. Where prosecutors say Snipes owed $2 million in 1999, defense lawyers say his debt was about $150,000.

Where the government says Snipes owed $5 million in 2001, defense lawyers say his debt was about $220,000.

Snipes' lawyers specifically criticized the government's view that prison is necessary to "send a message that Snipes did not 'beat the rap.' " Stressing that Snipes was convicted of misdemeanors and no felonies, defense lawyers pointed out that prison was not part of the sentences issued to several tax-dodging celebrities.

[ . . .]

from
http://www.orlandosentinel.com/news/loc ... rint.story

[Dezcad]

Thanks for the updates Famspear. I anxiously await to see if my prediction is accurate.

[Famspear]

This report says Snipes got three years, but I want to wait for confirmation.

http://www.abcactionnews.com/content/ne ... 49301acc8f

We want to know whether this is based on decision, or just on the earlier comment by the judge this morning.

Edit:

OK, now the Orlando Sentinel confirms it:

http://www.orlandosentinel.com/news/loc ... 9381.story

[webhick]

Demo emailed this about a half hour ago:

Wesley Snipes was sentenced late this afternoon following an all-day hearing to 36 months in federal prison.

Eddie Ray Kahn received 120 months, and Douglas Rosile was sentenced to 54 months. This will be Kahn’s second stay in federal prison on tax related charges.

[Famspear]

Thanks to webhick and demo!!!

From the Orlando Sentinel:

http://www.orlandosentinel.com/news/loc ... 9381.story

Wesley Snipes sentence to three years in federal tax case

[by Stephen Hudak; April 24, 2008]

Actor Wesley Snipes was sentenced to three years in prison late this afternoon.

The decision in federal court here came after a daylong hearing. A federal judge earlier heard objections from a lawyer for Snipes, as the defense struggled to keep the Orlando-born actor out of prison for tax crimes.

When the sentence was read, Snipes had no expression at all on his face -- neither did his wife, who was sitting in the front row behind him,.

When a reporter asked whether he wanted to say anything, Snipes just spread his arms as if to say, "Like what?"

He was with Dan Meachum, his legal counsel, who replied: "Not now."

After the sentence was announced by the judge, Carmen Hernandez, a recent addition to the Snipes defense team, "Mr. Snipes was sentenced because he's Mr. Snipes."

The judge in the case said Snipes' celebrity had no bearing on the sentence.

Snipes was not taken into custody today. He most likely will serve his time at a federal prison near his home in New Jersey.

Snipes made a $5 million payment to the treasury on Thursday, but prosecutors called it a grandstanding move.

"it''ll be a fraction of what he owes," said Assistant U.S. Attorney M. Scotland Morris, who made the argument for the government.

Morris said a rough estimate of Snipes' outstanding tax liability, with penalties and interest, will exceed $20 million.

"The law is very clear: people must pay their taxes," Internal Revenue Service Commissioner Douglas Shulman said in a statement released by the U.S. Attorney's office just moments after the sentence was handed down."There is no secret formula that eliminates a person's tax obligations, nor are there any special exceptions. The majority of Americans pay their taxes timely and accurately. Those who willfully violate the law must be held accountable."

Snipes was acquitted in February of five additional charges, including felony tax fraud and conspiracy. Snipes’ co-defendants, Douglas P. Rosile and Eddie Ray Kahn, were convicted on both those counts.

Kahn, who refused to defend himself in court, was sentenced to 10 years, while Rosile received 54 months. Both will serve three years of supervised release. Snipes will serve one year of supervised release.

Snipes and Rosile remain free and will be notified when they are to surrender to authorities.

[ . . . ] Snipes, 45, star of more than 50 films, including the Blade vampire trilogy, had offered in August 2007 to plead guilty to one misdemeanor count and to pay his tax debt as long as he was promised no prison time.

[ . . . ]

-- Information from The Associated Press was used in this report.

Edit: Bolding was added.