Is this a new procedure for establishing physical jurisdiction?Joe wrote:There are 8 summonses issued to 6 ... institutions in at least 4 federal judicial districts ...
Petitioner has therefor chosen the the United States District Court for the Central District of California ...
On behalf of Milwaukee, I can say that you're not welcome back here. There are communities of crazy all over the west where you would fit in - Roswell perhaps?"The Paris Hilton Of Lawyers" may yet have some business-card and TV-spot traction after they've returned to strip-mall practice in Milwaukee. Sorry it didn't work out, fellas.
It's weird that in paragraph 4, he lists the parties to whom summonses have been issued, providing three digits of the account numbers, which he refers to as "(last four digits)."Demosthenes wrote:http://www.cheatingfrenzy.com/banistersum1.pdf
That cracked me up too.LPC wrote:It's weird that in paragraph 4, he lists the parties to whom summonses have been issued, providing three digits of the account numbers, which he refers to as "(last four digits)."Demosthenes wrote:http://www.cheatingfrenzy.com/banistersum1.pdf
Can Banister not count to four?
Maybe he's forgotten how to count to 20.Nikki wrote:One would think that an experienced CI Agent would have enough memory of procedures to realize that dates count.
Could be a direct result of his CPA license getting yanked. They probably excised all associated mathematical skills with the license.LPC wrote:Maybe he's forgotten how to count to 20.Nikki wrote:One would think that an experienced CI Agent would have enough memory of procedures to realize that dates count.
There seem to be a strange number of numerical errors in the petition to quash. As I pointed out above, Banister gave three digits for each account and referred to numbers and the last four digits.
And the government points out in its motion that Banister refers to 8 summonses but only attaches 7 and the government only issued 7.
And now it seems that Banister filed the petition 7 days after the last possible filing date.
Tax protesters often seem to suffer from some kind of functional illiteracy. Banister now seems to be slipping into some kind of functional innumeracy.
Apparently, not everyone sees it this way. From TaxProf Blog (1/30/09):LPC wrote:There are several exceptions to attorney-client privilege, one of which is "to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client." (ABA Model Rule of Professional Conduct 1.6(b)(5).)
I believe that all of those exceptions apply to legal proceedings, but not media proceedings, so that defending yourself against trash-talk in the press is not included in the exception.
Which is a convoluted way of saying that the Two Bobs cannot trash their client publicly just because the client has chosen to trash them.
(Even if either trashing would be truthful and justified.)
The full declaration:Counsel and Mr. Francis have reached an irreconcilable conflict concerning issues that, at the time, were reposed within the attorney-client privilege. As a result of this irreconcilable conflict, counsel was obligated to inform Mr. Francis on November 18, 2008, of the necessity of terminating the legal relationship and withdrawing as counsel of record from the case.
Thereafter, via email transmission, Mr. Francis communicated one of several threats to counsel that if counsel did not perform certain acts: “As for a practice in LA. It is highly unlikely if you piss me off. I KNOW EVERYONE AND THEY WILL DO WHAT I SAY!” Counsel has previously withheld this information out of an overabundance of caution and to protect Mr. Francis’ interests. However, Mr. Francis recently waived the privilege as to some communications with Mr. Francis’ recent public statements to the press.
The idea of over-weight, middle-aged male lawyers lifting their shirts to flash the judge makes me very queasy.Thereafter, via email transmission, Mr. Francis communicated one of several threats to counsel that if counsel did not perform certain acts:
Bench warrant issued for 'Girls Gone Wild' founder Joe Francis
11:04 AM, February 2, 2009
A Los Angeles federal judge today issued a bench warrant for "Girls Gone Wild" founder Joe Francis after he failed to appear for a hearing in a tax-evasion case.
U.S. District Court Judge S. James Otero issued the warrant, which directs any law enforcement agency that has contact with Francis to take him into custody and present him in court, according to Tom Mrozek, spokesman for the U.S. attorney's office in Los Angeles.
Last year, a grand jury in Reno accused Francis of two counts of tax evasion. He has pleaded not guilty.
Prosecutors allege Francis improperly deducted more than $20 million from his companies.
UPDATE:Demosthenes wrote:Bench warrant issued for 'Girls Gone Wild' founder Joe Francis
11:04 AM, February 2, 2009
A Los Angeles federal judge today issued a bench warrant for "Girls Gone Wild" founder Joe Francis after he failed to appear for a hearing in a tax-evasion case.
U.S. District Court Judge S. James Otero issued the warrant, which directs any law enforcement agency that has contact with Francis to take him into custody and present him in court, according to Tom Mrozek, spokesman for the U.S. attorney's office in Los Angeles.
Last year, a grand jury in Reno accused Francis of two counts of tax evasion. He has pleaded not guilty.
Prosecutors allege Francis improperly deducted more than $20 million from his companies.
Perhaps he should have taken a cue from Van Pelt and left his cell phone number.LOS ANGELES — "Girls Gone Wild" founder Joe Francis has been arrested in Los Angeles after he showed up five hours late for a court hearing in his tax evasion case.
When the adult-video entrepreneur finally appeared in court on Monday afternoon, he told the judge he was suffering from the flu. Francis' attorney Melissa Weinberger says U.S. marshals then handcuffed Francis and took him away.
Francis is accused of claiming more than $20 million in bogus business expenses on his corporate tax returns, including $3.8 million for a home in Mexico and $10.4 million in phony consulting services. He has pleaded not guilty to two counts of federal tax evasion.
The hearing was to consider a request from his tax attorneys to recuse themselves.
01/29/2009 9 LETTER from United States, Petitioner, Requesting a Hearing. (Fay, Robert)
01/30/2009 MARGIN ORDER signed by Chief Judge Rudolph T Randa on 1/30/2009 APPROVING 9 Governments request for a show cause hearing. (cc: all counsel) (Randa, Rudolph) (Entered: 02/02/2009)
02/03/2009 10 ORDER TO SHOW CAUSE signed by Chief Judge Rudolph T Randa on 2/3/2009. Show Cause Hearing set for 4/23/2009 11:30 AM in Courtroom 320, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Chief Judge Rudolph T Randa. (cc: all counsel)(Randa, Rudolph)
02/24/2009 11 SUMMONS Returned Executed by United States of America. Robert Bernhoft served on 2/24/2009, answer due 3/16/2009. (Fay, Robert)