Marion Barry violates his probation, yet again

[Demosthenes]

Federal Prosecutors Ask Judge to Jail Marion Barry

By Del Quentin Wilber
Washington Post Staff Writer
Monday, February 9, 2009; 3:27 PM

Federal prosecutors today asked a federal judge to send D.C. Council member Marion Barry (D-Ward to jail for not filing his most recent tax returns.

Prosecutors alleged that Barry, by not filing his 2007 federal and D.C. tax returns, had violated the terms of his probation for previous tax offenses. Barry, 72, who pleaded guilty in 2005 to not filing tax returns from 1999 through 2004, has not filed such documents on time for eight of the last nine years, prosecutors said.

"The defendant's conduct regarding tax year 2007 is indefensible," wrote Assistant U.S. Attorney Tom Zeno in a motion filed in U.S. District Court this afternoon. "It is not acceptable for any citizen to shirk a basic civil duty, let alone a former mayor and current city councilman who has been responsible in the past and continues to be responsible for spending public funds collected from District of Columbia taxpayers."

If the judge does not want to send Barry to jail, prosecutors wrote that she should hold a hearing in which Barry can explain his conduct. Prosecutors might then request a two-year extension of the councilmember's probation, they wrote.

It is the second time Barry has run into trouble with his tax case. In 2005, the former mayor pleaded guilty to two misdemeanor tax offenses and admitted he did not pay taxes on most of the $500,000 he earned during from 1999 through 2004.

In March 2006, Barry was sentenced to three years probation by U.S. magistrate judge Deborah Robinson.

Within a year, prosecutors were asking Robinson to revoke Barry's probation and send him to jail because he had failed to file his 2005 returns. But Robinson denied the request, saying prosecutors hadn't proven that Barry had willfully or intentionally not filed the returns. Barry's probation expires next month.

Barry's attorney, Frederick D. Cooke Jr., did not return a phone message left at his office this afternoon.

In court papers, prosecutors noted Barry sought an extension to file his taxes until October as he was seeking permission to leave the country for a Caribbean vacation in September. In November, Barry "promised" the probation office that he would file his taxes within two weeks, Zeno wrote.

In an interview last month, Barry said: "As with any American citizen, my tax status is a matter between the IRS and the taxpayer and not The Washington Post."

[Demosthenes]

A quickie background:

* Marion Barry pled guilty in 2005 to failing to file both Federal and DC tax returns
* He violated the terms of his release in 2006 by failing a drug test, but wasn't remanded into custody
* He was sentenced to 3 years probation in 2006, even though he had a prior criminal record and his sentencing guideline range came in at 12-18 months
* In 2007, he violated his probation by failing to file his 2005 tax returns, with no repercussions
* In 2008, he lied to probation office about filing his 2007 returns in "two weeks" so he could get permission to vacation in Jamaica
* In 2009, he violated his probation again by failing to file his 2007 returns
* His probation ends on March 9, 2009.

[grixit]

While i believe that the drug laws are wrong and that people should have the right to indulge if they so choose, this is an example of why they might want to choose not to.

[Doktor Avalanche]

Toss that ignorant, crack smoking, hooker humping, corrupt, fraudster into the slammer. Anyone else would be doing time. Break him and break him hard.

[fortinbras]

Why don't some of these anti-tax gurus jump in and help him? It seems that a court case that doesn't send him to the slammer would be sufficiently well publicized that it would justify the effort.

[Doktor Avalanche]

Why don't some of these anti-tax gurus jump in and help him? It seems that a court case that doesn't send him to the slammer would be sufficiently well publicized that it would justify the effort.

Because anti-tax gurus have standards?

Just a WAG - your mileage may vary.

[buck09]

Because anti-tax gurus have standards?

Just a WAG - your mileage may vary.

Swing and a miss! - Standards?!?

I think it would have more to do with:
1. It's in DC - the federal oppression / ATF controlled zone.
2. Marion Barry being a resident of above state.
3. Marion Barry's status as a 14th amendment citizen. (i.e. He's black)

[LaVidaRoja]

Not merely that he is black. Essentially, he does not have (or is not willing to spend) the funds to have the anti-tax gurus publicize his plight. After all, we can't expect them to spend their own hard-earned FRNs

[fortinbras]

Marion Barry has been in repeated trouble about violating his probation. I think the primary reason he hasn't been sent back to prison is that the inmates would treat him more like a hero than even his constituents do.

[grixit]

Marion Barry has been in repeated trouble about violating his probation. I think the primary reason he hasn't been sent back to prison is that the inmates would treat him more like a hero than even his constituents do.

Now i have a picture in my mind of Marion Barry in satin and feathers, leading an inmate dance troup in a rendition of "Big Pimpin'".

[fortinbras]

This morning's news brings the tidbit that Marion Barry, only two days after his arrest, announces that he needs a kidney transplant, has already lined up a donor, etc. Naturally the prison system isn't at all equipped (or financed) to take care of kidney transplant and the complicated recuperation, so this may be a Get Out of Jail Free card for him.

[Demosthenes]

This morning's news brings the tidbit that Marion Barry, only two days after his arrest, announces that he needs a kidney transplant, has already lined up a donor, etc. Naturally the prison system isn't at all equipped (or financed) to take care of kidney transplant and the complicated recuperation, so this may be a Get Out of Jail Free card for him.

Funny how daily dialysis kept Barry from filing his taxes, but didn't keep him from taking a nice vacation in Jamaica after lying to his probation officer that he'd send in the return in two weeks time.

[webhick]

This morning's news brings the tidbit that Marion Barry, only two days after his arrest, announces that he needs a kidney transplant, has already lined up a donor, etc. Naturally the prison system isn't at all equipped (or financed) to take care of kidney transplant and the complicated recuperation, so this may be a Get Out of Jail Free card for him.

Funny how daily dialysis kept Barry from filing his taxes, but didn't keep him from taking a nice vacation in Jamaica after lying to his probation officer that he'd send in the return in two weeks time.

Well, H&R Block doesn't have a handicap discount but the plane lets you board early.

[Paul]

leading an inmate dance troup in a rendition of "Big Pimpin'".

Don't you mean, "Prisoners of Love"?