Dr. Dino - April's Fool??

[Paths of the Sea]

Dr. Dino (aka Kent Hovind, young-earth creation-science preacher and convicted tax cheat) was told again he wasn't going to get his "get out of jail free" card.

Last month he filed 5 lengthy, separate motions asking the Federal District Court to dismiss his criminal convications. The problem was he was arguing his case based on Federal Rule of Civil Procedure 60(b).

So, in less than 30 days the Court was able to tell him,

> "NO, NO, NO, NO, and NO!"

From the Court's Orders:

> Filed: March 31, 2010
> Entered: April 1, 2010

> The relief requested is DENIED.

> Rule 60(b) of the Federal Rules
> of Civil Procedure does not
> provide relief from judgment
> in a criminal case.

>> Signed: M. Casey Rodgers
>> United States District Judge

Sincerely,
Maury Enthusiast!

[Paths of the Sea]

Also, it is the case that Dr. Dino filed a U.S. Tax Court petition back in February, Docket #004245-10.

I don't know to what that action relates.

If anyone can find out, I would appreciate a post with details.

Last I heard, Dr. Dino's son, et al, is still trying to figure out whether they can "buy back" Dinosaur Adventure Land. The stakes have gone up since the original $380,000.00 or so was promoted as the amount to raise, and it was raised. Now it appears to be closer to a million dollars and that, perhaps, without regard to the amounts that may be in dispute before the U.S. Tax Court.

Sincerely,
Maury enthusiast!

[LPC]

Also, it is the case that Dr. Dino filed a U.S. Tax Court petition back in February, Docket #004245-10.

Appeals for collection due process determinations always have docket numbers that end with an "L", so if this is a legitimate Tax Court petition, it is most likely a challenge to a notice of deficiency.

The reason I put in an express condition about "legitimate Tax Court petition" is that counsel for Hovind is Jerold Barringer. Hovind might be better off getting legal advice from his cellmate.

I love the smell of budding sanctions on a spring morning.

[Paths of the Sea]

Dan,

It may well be that Barringer was the one who actually prepared those district court motions for Hovind to file under his own name; which were dispatched quite speedily by the district court judge.

Had he filed such motions as counsel for Hovind, he might well have received sanctions of some sort; you think?

Still, if anyone can find out more of the details of Hovind's recently filed Tax Court case, I would welcome the information.

Sincerely,
Maury enthusiast!

[bmielke]

Good News!

The Government has settled on a price for Dino Land!

His Website is begging for donations

Last Updated: March 26, 2010
After a six-month delay, the government has finally responded that they will sell the property at a fair market value of $971,000. This is substantially higher than their intial indication of $380,000; and so, our Board of Directors has scheduled an upcoming meeting to discuss the ministry's options. We value your prayers during this transitional time.

[Paths of the Sea]

The $971,000.00 may include Dr. Dino's personal liabilities not previously included in certain criminal amounts related to the $380,000.00 figure.

It also would not include any pending amounts being disputed in Dr. Dino's current Tax Court filing.

Maybe the feds could let the kid have it back for $971,000.00 and when the Tax Court case is resolved take the land again and sell it back to him again.

The kid allegedly raised the $380,000.00 in about 3 weeks back when. It may be a little harder to raise the rest of the present amount if it relates to strictly personal tax liabilities of Dr. Dino. We'll see. It could get interesting, especially since Dr. Dino's latest efforts to get out of jail failed.

Sincerely,
Maury enthusiast!

[bmielke]

The $971,000.00 may include Dr. Dino's personal liabilities not previously included in certain criminal amounts related to the $380,000.00 figure.

It also would not include any pending amounts being disputed in Dr. Dino's current Tax Court filing.

Maybe the feds could let the kid have it back for $971,000.00 and when the Tax Court case is resolved take the land again and sell it back to him again.

The kid allegedly raised the $380,000.00 in about 3 weeks back when. It may be a little harder to raise the rest of the present amount if it relates to strictly personal tax liabilities of Dr. Dino. We'll see. It could get interesting, especially since Dr. Dino's latest efforts to get out of jail failed.

Sincerely,
Maury enthusiast!

$971,000 may be the actual fair market value, isn't this place down on Panama Beach? It could easily be worth that if there is any kind of acreage with it.

[Paths of the Sea]

I don't think we can trust the kid all that much when it comes to the details.

The $971,000.00 may be the fair market value of the property and the feds may be figuring that Dr. Dino owes that much or more.

Dr. Dino's kid was originally making like they could just pay the criminal fines of about $400,000.00 and get the property back.

So, the kid quickly raised the $400,000.00 and made like he was poised to get the property back. Now it will be interesting to see how the kid and Dr. Dino "spin" it.

Maybe we'll learn more of this.

Sincerely,
Maury Enthusiast!

[bmielke]

I agree with you that we can;t trust the son.

I would only say that perhaps he saw the $400,000 figure figured, "Oh my God that's a lot of coin" So he raised it figuring that it would be waht it took to get the park back and now it turns out that it is quite a bit more than that to get it back.

[Nikki]

With respect to Dr DIgNOramus' latest Tax Court petition, the amount at issue, NOT including interest, is $3,334,315.35 covering tax years 1998 through 2006.

The $971K probably won't even make a decent dent in the interest.

[Paths of the Sea]

With respect to Dr DIgNOramus' latest Tax Court petition, the amount at issue, NOT including interest, is $3,334,315.35 covering tax years 1998 through 2006.

Tell us more?

The amount may be overstated by the government, of necessity, due to Dr. Dino's failure to participate in good faith in arriving at a more appropriate figure.

What is the breakdown as to tax and penalties, particularly as to the civil fraud penalty; if you can tell "us".

Sincerely,
Maury enthusiast!

[Paths of the Sea]

That works out, on average, to the following:

Tax per year 1998-2006: $205,409.00

Fraud penaty (75%) per year 1998-2006: $154,057.00

Estimated tax penalty (5%) per year 1998-2006: $11,013.00

Total tax & penalty per year 1998-2006: $370,479.00

Total - $370,479.00 x 9 (rounded): $3,334,315.35

My guess is that with a little cooperation the amounts could be substantially reduced. But then again, Dr. Dino has yet to indicate a willingness to actually work in determining his income, expenses and resulting tax liability related thereto.

Time will tell how close my calculations are to what is actually being proposed.

Sincerely,
Maury enthusiast!

[Paths of the Sea]

One of the posters on my discussion list provides this update:

> Kent Hovind had a blog entry at his
> CSE blog earlier today in which he
> was discussing how he was going about
> showing the government had failed to
> follow procedures in his case and he
> had filed 5 new appeals on that basis.
> His analogy was a runner who hit a home
> run and failed to touch first base.
>
> I posted an entry on the blog pointing
> out that all of his new appeals were
> dismissed because he was trying to apply
> the rules of civil court in his criminal
> case.
>
> His blog entry disappeared.
>
> Wonder why???

Sometimes it pays to get out in front of a story as I helped the above poster to do by noting the dismissal of Hovind's motions.

Sincerely,
Maury enthusiast

[Paths of the Sea]

Yet another contact has now come up with the now-deleted boasting of Dr. Dino:

--------------------------------------------

Case Update—The Home Run!
0 Comments

Date Sent: 3-20-10
Date Posted: 4-5-2010

Case Update—The Home Run!

Thank you for all those who have prayed, fasted, and supported us during this 3½ year ordeal! Without your support, it would have been impossible to make it.

As most of you know, the Supreme Court declined to look at our case January 8. They only take 65± out of 11,000 each year. So-o-o-o, we are taking a different approach. A story will help: If you hit the baseball and run all the way around the bases, but miss touching first base, it is a home run unless the other team calls you on it. Before the next pitch is thrown, they can go touch first base and you are out—the run does not count. In a similar way, if the US Attorney or the government does not “touch all the bases” during each part of the indictment, arraignment, trial, and sentencing, they can later be challenged and the entire case dismissed as if it never happened.

It turns out, in our case, they missed every base so we are calling them on each one!

Issues in the case, like right or wrong, don’t matter for this stage of the game they play with people’s lives, only procedure. We have found and filed motions on five procedures so far that they did wrong with many more coming soon. Any one can overturn the case as if it never happened. I would go home, case dismissed, and they would return the money taken so far. (Unlike other motions, there is no time limit on these nor limit on the number of jurisdictional challenges. Maybe Luke 18:5 will kick in?!)

If the district judge does not rule in our favor, we will appeal to the 11th circuit and then to the Supreme Court for EACH issue. I will post the motions after this update. I would encourage you to look up the cases cited where they were overturned on issues exactly like mine. Many are “sure wins”—in Kansas—but this is OZ!

Once I am out the door and back home, I will tell the world about the people helping us research these issues. MANY people in prison can be helped in this same manner. Please pray that the district judge simply rules to release me. This could be done in 30 seconds; the camp would get the call to send me HOME! IMMEDIATE RELEASE! If she denies or stalls, the 11th Circuit or Supreme Court can force the issue.

This trial and prison time has been an eye opening experience! God has been so-o-o-o-o good to me in here and the ministry out there. Thanks again for your prayers and support.

Kent

-------------------------------------
-------------------------------------

[darling]

I will post the motions after this update. I would encourage you to look up the cases cited where they were overturned on issues exactly like mine.

Man, I'd sure love to see some of those motions...

[wserra]

Man, I'd sure love to see some of those motions...

Shazam! (Even though they're not worth it.)

Blather_1

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As PotS posted, the text of the order denying each of them is identical:

The relief requested is DENIED.

Rule 60(b) of the Federal Rules of Civil Procedure does not provide relief from judgment in a criminal case.

You would think God would have told him.

[Paths of the Sea]

"PotS"?

Hey, that's me.

You are welcome!

Sincerely,
Maury Enthusiast (aka "PotS" - Paths of the Sea)

[Paths of the Sea]

Here's a link to the Hovind Home Run post as cached by Google:

http://webcache.googleusercontent.com/s ... clnk&gl=us

As previously noted, Hovind quickly deleted the message after a poster submitted a message letting Hovind know that his 5 motions had been quickly DENIED by the Court.

Sincerely,
Maury Enthusiast!

[Paths of the Sea]

Looks like Hovind's "Home Run" message wasn't cached very long. It has now disappeared and the link takes you back to the earlier post.

If anybody can figure out a way to retrieve it and preserve it, it would be nice!

Sincerely,
Maury Enthusiast!

[Thule]

Hovind's first base-metaphor was kind of cute. Unfortunatly for him, the .gov wasn't playing baseball.

I'm guessing cricket, that would be fitting for members of British Accredited Registry.