The United States did not object at sentencing to voluntary surrender for defendant Snipes, but is concerned about the possibility of him fleeing if he is allowed to remain on bond pending appeal. This concern is based on defendant Snipes’ apparent lack of candor to this Court regarding his assets, combined with evidence of substantial offshore assets. At the sentencing hearing, defendant Snipes' counsel gave a representative of the Internal Revenue Service (IRS) checks totaling $5 million as partial payment of his tax liability. The checks were drawn on the account of "Kymberlyte Production Services Int'l Inc." (defendant Snipes’ 100% owned loan-out company), and signed by Lori Davis (defendant Snipes' personal assistant). Defendant Snipes’ counsel represented that defendant Snipes also paid $1.7 million to the IRS with his 2007 tax return extension request. Despite the fact that defendant Snipes had at least $6.7 million to pay these liabilities, he represented to the Probation Office that he had less than $10,000 in liquid assets. Defendant Snipes has not explained this incongruity. His apparent lack of candor about his assets, combined with trial evidence that he has transferred millions of dollars offshore, show some risk of flight.
This concern is based on defendant Snipes’ apparent lack of candor to this Court regarding his assets, combined with evidence of substantial offshore assets.
Does he have a legal obligation to disclose that?
I know he must pay tax on offshore accounts but disclose what he owns?
Whenever you hear a man speak of his love for his Country, it is a sign he expects to be paid for it. – H. L. Mencken
AFTP wrote:Does he have a legal obligation to disclose that?
I know he must pay tax on offshore accounts but disclose what he owns?
Prior to sentencing, a probation officer puts together a pre-sentencing report which the Judge relied on in deciding what sentence and/or fine to impose on the defendant. One of the factors that has to be considered in calculating the defendant's fine is "the defendant's income, earning capacity, and financial resources." 18 U.S.C. § 3572(a)(1).
For his probation officer interview, Snipes prepared a financial statement which ... um ... forgot to dislose his $8 million home and all those offshore accounts we heard so much about during the trial. He also stated that he had only $8,824 in a checking account and $500 in cash. Kind of strange figures considering that his reported net monthly cash flow is $165,273.
MOTION OF DEFENDANT SNIPES FOR LEAVE TO FILE A REPLY TO GOVERNMENT’S OPPOSITION TO SNIPES’ MOTION FOR BAIL PENDING APPEAL
Wesley Trent Snipes (“Snipes”), the defendant in the above-captioned matter, by and through counsel of record, Daniel R. Meachum, and pursuant to Local Rule 3.01(c), respectfully moves for leave to file a reply to the United States’ response in opposition (Doc. 470) to Snipes’ motion for bail pending appeal (Doc. 464).
1. On May 1, 2008, this Court entered a judgment of sentence (Doc. 458), whereupon the defendant Snipes filed a notice of appeal (Doc. 462).
2. Two business days later, on May 5, 2008, Snipes filed a 13-page motion for bail pending appeal. Two weeks after the defendant’s filing, late on May 19, 2008, the maximum time allowed by Loc.R. 3.01(b), the United States filed a 14-page memorandum in opposition to Snipes’ bail motion (“U.S. Opp.”).
3. Snipes has good reasons to reply to the government’s memorandum. (a) The prosecutors suggest for the first time that Snipes may present a risk of flight. U.S. Opp. 1-2 n.1. (b) In response to Snipes’ first substantial issue for appeal, the government presents the unanticipated argument that the Eleventh Circuit’s ruling that it lacked collateral order jurisdiction over Snipes’ attempted interlocutory appeal telegraphs the appellate court’s probable ruling on the merits of the venue question. Id. 4-5. (c) In response to the second substantial issue, the government offers the unanticipated argument that the Supreme Court’s own explanation of its precedents can be erroneous dictum, to be disregarded by this Court. Id. 6 & n. 3. It further suggests that there is no material difference between the Eleventh Circuit Pattern Instructions’ Basic Instruction and the Special Instruction on willfulness in tax cases, and that the Special Instruction is in any event incorrect. Id. 5 & 7. (d) In response to Snipes’ third and fourth substantial issues, the prosecution argues without reference to the Supreme Court decisions on which the defense relies, citing instead a variety of lower court decisions not previously addressed by the defense. Id. 8-13.
4. Snipes proposes and requests leave to file a reply to the government’s memorandum of not more than 7 pages – without repetition of his principal motion – not later than the close of business on May 21, 2008.
5. Defendant Snipes has been ordered to surrender voluntarily for service of his sentence (if bail pending appeal is not granted) in about two weeks, on June 3, 2008. The defense has no purpose of delay in requesting leave to reply.
6. On May 20, 2008, co-counsel Carmen Hernandez telephoned AUSA Morris and sought the government’s consent to this motion for leave to file a reply. AUSA Morris declined to consent.
WHEREFORE, for all the foregoing reasons and any which the Court may deem just and proper, this Court should grant leave to defendant Snipes to file a reply of not more than 7 pages, not later than 5 p.m. on May 21, 2008, to the government’s opposition to Snipes’ motion for bail pending appeal.
Respectfully submitted on May 20, 2008.
DANIEL R. MEACHUM & ASSOCIATES, LLC
Attorney for the Defendant
By: /s/ Daniel R. Meachum
AP 05-21-08
OCALA, Fla. - Wesley Snipes must surrender to prison authorities June 3 if he isn't granted bail to appeal three federal tax convictions, defense lawyers said in a court filing.
Snipes' attorneys plan to argue before the 11th U.S. Circuit Court of Appeals that the trial judge erred in several ways before and after his February conviction. U.S. District Judge William Terrell Hodges last month sentenced Snipes to three years in prison.
To be granted freedom during the appeal, the 45-year-old actor must prove that he has a substantial issue to raise and isn't a flight risk. His attorneys argue that Hodges gave the jury bad instructions and should have granted them an expanded pretrial hearing on their request to move the proceedings.
Prosecutors said Snipes had no major issues to raise and has demonstrated he could flee. In a Monday filing, U.S. Attorney Robert O'Neill said Snipes told the probation office he had less than $10,000 in liquid assets, but the actor surprised the government by producing $5 million in payment for back taxes at his sentencing.
"His apparent lack of candor about his assets, combined with trial evidence that he has transferred millions of dollars offshore, show some risk of flight," O'Neill wrote.
Snipes, the star of the "Blade" trilogy, "White Men Can't Jump," "Jungle Fever" and other films, hasn't filed a tax return since 1998, the government alleged.
OCALA - A federal judge today granted an appellate bond for actor Wesley Snipes, allowing the Orlando-born film star to remain free until a higher court reviews his conviction and sentence on three misdemeanor tax crimes.
Snipes, 45, was sentenced April 24 to three years in prison.
U.S. Senior District Judge William Terrell Hodges said in his ruling that he was "dubious" of Snipes' appellate issues but that the actor is not a substantial flight risk and does not pose a danger if he remains free.
Mr. Mephistopheles wrote:Okay then, who here thinks he'll abscond?
"Abscond" is such a harsh word.
I think he'll be late for his next court date. *Very* late.
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.
Wesley Snipes to remain free pending tax convictions
OCALA, Fla. (AP) — Wesley Snipes will be allowed to remain free on bail as he appeals three federal tax convictions.
Judge William Terrell Hodges granted Snipes' motion for bail Thursday pending appeal of his case, saying Snipes doesn't pose a flight risk and is not a threat to the community.
The 45-year-old actor was sentenced last month to three years in prison on three misdemeanor counts of willful failure to file his income tax returns.
Snipes' attorneys plan to argue before the 11th U.S. Circuit Court of Appeals that the trial judge erred in several ways before and after his February conviction.
Snipes, the star of the Blade trilogy, White Men Can't Jump,Jungle Fever and other films, hasn't filed a tax return since 1998, the government alleged.
Whenever you hear a man speak of his love for his Country, it is a sign he expects to be paid for it. – H. L. Mencken
From AskOxford: