Countdown to judgment -for Oscar Stilley & Lindsey Springer

[Famspear]

Sentencing is set for Wednesday, April 21, 2010, for Oscar Stilley and Lindsey Springer.

[bmielke]

Sentencing is set for Wednesday, April 21, 2010, for Oscar Stilley and Lindsey Springer.

Awesome, I have said before Oscar Stilley is my favorite TP, so what are we looking at for time?

[Demosthenes]

It's a little hard to piece together from the filings (there are some Stilley-related, last-minute entries that are mysteriously sealed.)

Springer's guideline sentencing range is apparently 188 to 235 months, and the government is asking for a 151-month sentence for Stilley.

[LPC]

Springer's guideline sentencing range is apparently 188 to 235 months, and the government is asking for a 151-month sentence for Stilley.

Wow.

[Demosthenes]

The tax losses add up fast when you're a promoter actively involved with assisting people on understating their income.

[Judge Roy Bean]

I'd like to see the Judge add a month for each frivolous motion filed.

[Cathulhu]

If you add a month for every frivolous filing, I'm not sure the penal code has a "to infinity and beyond" statute...

[wserra]

If you add a month for every frivolous filing, I'm not sure the penal code has a "to infinity and beyond" statute...

It would at least violate the Rule against Perpetuities.

[wserra]

Springer's valedictory, from an email broadcast on Monday:

Anyway, unless I am not remanded to custody of the United States Department of Justice (Bivens Counsel) at the conclusion of sentencing, this will be my final report to you. I have done what I can do and I have never nor will I ever give up hope in what I believe is right. My wife for now will monitor your emails and receive any gift or donation that comes in. Her name is [redacted]. If I am sorry for anything it is that I was unable to ever get the Court to rule on the merits of my PRA claims. You must know by now why they have chose not to make such a ruling. For those of you led, I will always be able to receive support through paypal at [redacted].

I guess "Man, are you full of it" (repeated multiple times) doesn't constitute a ruling.

[Pottapaug1938]

Springer's valedictory, from an email broadcast on Monday:

Anyway, unless I am not remanded to custody of the United States Department of Justice (Bivens Counsel) at the conclusion of sentencing, this will be my final report to you. I have done what I can do and I have never nor will I ever give up hope in what I believe is right. My wife for now will monitor your emails and receive any gift or donation that comes in. Her name is [redacted]. If I am sorry for anything it is that I was unable to ever get the Court to rule on the merits of my PRA claims. You must know by now why they have chose not to make such a ruling. For those of you led, I will always be able to receive support through paypal at [redacted].

I guess "Man, are you full of it" (repeated multiple times) doesn't constitute a ruling.

Or, the fact that the courts have, time and time again, refused to take up the issue of the (ahahaha) "merits" of your PRA claims because they have said, in dismissing your attempts to raise them, that your claims are not worth their wasting time on refuting them. They do not even have a basic level of merit which would get the courts to consider them. Asking a court to rule on your claims is like asking a court to rule that the sun rises in the morning.

The issue is settled. It's over, nitwit. Get used to it.

[Famspear]

Lindsey ("humdinger caught in a wringer") Springer wrote:

Anyway, unless I am not remanded to custody of the United States Department of Justice (Bivens Counsel) at the conclusion of sentencing, this will be my final report to you. I have done what I can do and I have never nor will I ever give up hope in what I believe is right. My wife for now will monitor your emails and receive any gift or donation that comes in. Her name is [redacted]. If I am sorry for anything it is that I was unable to ever get the Court to rule on the merits of my PRA claims. You must know by now why they have chose not to make such a ruling. For those of you led, I will always be able to receive support through paypal at [redacted].

http://hellomichigan.blogspot.com/

The entire post, dated April 19, 2010, is lengthy. In it, Springer notes that he has vacated his family from the home in which the family lived for 14 years. I assume this is the property that was being seized for satisfaction of tax obligations.

Sad.

[Famspear]

And, for what it's worth:

Plaintiff [Lindsey K. Springer] asks the Court [U.S. District Court for the Northern District of Oklahoma] to order defendants to bring the United States Individual Income Tax Return, Form 1040, into compliance with the PRA [Paperwork Reduction Act]. [footnote omitted] Further, plaintiff alleges that defendants are not authorized to enforce tax laws due to their alleged failure to comply with the PRA, and he seeks to enjoin defendants from penalizing him or other individuals for willful failure to file income tax returns between 1982 and 2006.

[. . . .]

Plaintiff's allegations rely on the language of the public protection provision of the PRA, which states that "no person shall be subject to any penalty for failing to comply with a collection of information . . . if the collection of information does not display a valid control number." 44 U.S.C. § 3512(a)(1). However, it is settled law that "the requirement to file a tax return is mandated by statute, not by regulation" and "such explicit statutory requirements are not subject to the PRA." United States v. Dawes, 951 F.2d 1189, 1191-92 (10th Cir.1991). [footnote omitted] The PRA was not designed to "repeal the statutory criminal penalty for failing to file an income tax return because tax regulations and instructions lack OMB [U.S. Office of Management and Budget] numbers." Id. at 1193. Further, the Secretary of Treasury and the IRS have clear authority to impose criminal and civil penalties related to Form 1040. [ . . . .]

Springer v. United States, 447 F.Supp. 2d 1235 (N.D. Okla. 2006).

[LPC]

There's not really the same level of interest in what happens to Springer and Stilley, is there?

[LPC]

Oscar's got a blog (http://oastilley.wordpress.com/), where two days ago he was fussing about his disbarment. As if it mattered.

Anyway, I haven't found any news on the sentencing, so it looks like we might have to wait to see the docket entries when they're posted on PACER.

[blind]

Post any updates you've got, I'm very interested to see what happens to these 2 clowns.

[Dezcad]

From - http://www.chroniclingtheendofanera.blogspot.com/

UPDATE:

The hearing will continue tomorrow.

The government has presented two witnesses, Brian Shern and Brian Miller. I will post an audio before morning.

[Famspear]

From - http://www.chroniclingtheendofanera.blogspot.com/

UPDATE:

The hearing will continue tomorrow.

The government has presented two witnesses, Brian Shern and Brian Miller. I will post an audio before morning.

The author of that weblog is listed as being "IMFResearch." I believe that's pretty close to the moniker for someone who used to post at losthorizons.com.

[LPC]

The hearing will continue tomorrow.

A sentencing hearing that lasts more than one day? That seems odd.

[wserra]

A sentencing hearing that lasts more than one day? That seems odd.

It is odd, but not unheard of. Consider the following:

• (1) We don't know what time it actually started.
  
  (2) Lindsey Springer. Oscar Stilley. Need I say more?
  
  (3) JRB and I have already awarded Judge Friot the "Patient Jurist of the Year" award for his relative tolerance of their shenanigans.

Hopefully it won't last a week.

[Judge Roy Bean]

At this stage, the defense strategy seems to be one of littering the record with denied motions as fodder for appeals.