Countdown to judgment -for Oscar Stilley & Lindsey Springer

[wserra]

Given their motions, it's closer to fodder for cattle.

[Cathulhu]

Gotta disagree. More like the end product resulting when cattle eat the fodder.

[Dezcad]

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.

The blogger posted an audio recap of the day and some of the interesting points (which tie into all three points above) were:

(1) It started on time at 10AM.

(2) Despite the judge's advice to S&S about the PRA and other defenses having no effect on sentencing, the cross-examination of Brian Shern, CI Agent, contained questions by
--Springer as to a "line-by-line" examination of the Exhibits, PRA questions, district director and internal revenue districts...
--Stilley regarding the statute of limitations about the dates of conduct and the date of the indictment

Clearly, S&S are trying to argue the merits of the case and their defense again -- surprise, surprise.

(3) There were numerous objections by the US to S&S's questions, but the patient judge allowed a lot of leeway to S&S

The real issue that needs to be resolved by Judge Friot is the amount of tax loss since that impacts the sentencing guideline range.

My complete WAG is Springer 18 years and Stilley 10.

[iplawyer]

Any news?

[Dezcad]

Any news?

From that same blog (note the improper use of the term "verdict"):

UPDATE:

The second day ended with no verdict.

I will post an audio before morning.

2nd UPDATE:

An audio is posted here:

Sentencing Hearing-Day02

[Demosthenes]

The word I got is that the sentencing has been dragged out until tomorrow and should be finished at about noon, Oklahoma time.

[wserra]

Now that may be a record.

The sentencing of all nine defendants in the bombing trial I was a part of (United States v. Abdel-Rahman) took about a full day. I can still hear the Sheikh saying (in translation, of course), "And for my seventeenth point . . ."

[Demosthenes]

15 years in prison each, 3 years of supervision, $700,000 each restitution, and they were remanded directly into custody.

The judge called them predators.

[Pottapaug1938]

15 years in prison each, 3 years of supervision, $700,000 each restitution, and they were remanded directly into custody.

The judge called them predators.

That just made my weekend!

[Pottapaug1938]

Here's a nice article, with a few nice comments, from the Tulsa World:

http://www.tulsaworld.com/news/article. ... omen411821

In addition to being labeled "predators", they were also labeled "frauds".

[Dezcad]

15 years in prison each, 3 years of supervision, $700,000 each restitution, and they were remanded directly into custody.

The judge called them predators.

Well deserved, on all fronts. I especially like that they were remanded directly into custody.

[bmielke]

15 years in prison each, 3 years of supervision, $700,000 each restitution, and they were remanded directly into custody.

The judge called them predators.

Awesome!

I especially like the judge calling them predators. This is the type of sentence all these TP/TD types should get.

See you in 2025 Oscar!

[Pottapaug1938]

I'm going to grab me some Vermont cheddar cheese tonight -- Stilley, Springer and friends ought to produce some pretty good whine in the next few days....

[grixit]

But they didn't get 40 lashes or the ducking stool so-- VICTORY!!!

[Pottapaug1938]

But they didn't get 40 lashes or the ducking stool so-- VICTORY!!!

Hmmmm. Maybe I might have gone for a sentence like a week in the pillory or stocks -- said pillory or stocks to be set up near a market or distribution center where... shall we say, "past prime" vegetables -- preferably including tomatoes, and "past prime" dairy products like eggs are available in profusion....

[blind]

This is the best news I've heard in a long time.

[bmielke]

I'm going to grab me some Vermont cheddar cheese tonight -- Stilley, Springer and friends ought to produce some pretty good whine in the next few days....

I am sure the whine will be spectacular, but how are going to hear any of it they were remanded to custody, do they friends that will post it?

[LPC]

and they were remanded directly into custody.

The judge called them predators.

Oooh. No more Mr. Nice Guy from Judge Friot.

[Pottapaug1938]

and they were remanded directly into custody.

The judge called them predators.

Oooh. No more Mr. Nice Guy from Judge Friot.

Sounds like the legal equivalent of "payback's a b*tch"....

[Demosthenes]

________________________________________________________________________
FOR IMMEDIATE RELEASE TAX
FRIDAY, APRIL 23, 2010 (202) 514-2007
http://WWW.JUSTICE.GOV TDD (202) 514-1888
LOCAL BUSINESSMAN AND TAX ATTORNEY SENTENCED TO PRISON FOR TAX EVASION
WASHINGTON - The Department of Justice announced that two men were sentenced to prison today for their involvement in a complex tax fraud scheme concocted to avoid paying federal income taxes.

Lindsey Kent Springer, 44, a Kellyville, Okla., businessman, and Oscar Amos Stilley, 46, an attorney from Fort Smith, Ark., were each sentenced by U.S. District Judge Stephen P. Friot to 180 months in the Federal Bureau of Prisons and remanded to the custody of the U.S. Marshal. Both men were found guilty in a jury trial last November of all counts with which they were charged in a grand jury indictment returned in March 2009. The counts were conspiracy to defraud the United States and tax evasion, and Springer was additionally charged with failure to file tax returns. Neither Springer nor Stilley have filed an income tax return since the late 1980’s.
Springer used the name Bondage Breakers Ministry to solicit and receive money. His stated purpose for Bondage Breakers Ministry was “to get rid of the Internal Revenue Service.” Stilley, an attorney and tax advisor, assisted Springer’s tax evasion scheme through a variety of means. Stilley maintained an interest bearing account, called an Arkansas IOLTA Foundation Trust account, which lawyers use to deposit and hold client funds. The pair used the IOLTA account and various other devices such as cashier’s checks, check cashing services, money orders, cash and other means to conceal Springer’s actual income and avoid creating the usual records of financial institutions. Springer told IRS employees that all funds he receives are gifts and donations to his ministry, and that he does not have any income. He also stated he does not provide any services for payment. There were numerous transactions involving hundreds of thousands of dollars between Springer and Stilley that flowed through the IOLTA account, such as $166,000 paid out in August 2005 to purchase a motor home titled in the name of Springer and his wife, and a September 2005 payment of $25,813 to purchase a Lexus automobile titled in Springer’s name.
“This conviction serves as yet another reminder that individuals who break our nation’s tax laws face serious consequences,” said Assistant Attorney General for the Tax Division John A. DiCicco. “Citizens who comply with our tax laws can be assured that the United States vigorously prosecutes those who choose to violate them.”
U.S. Attorney for the Northern District of Oklahoma Thomas Scott Woodward added, “The investigators and prosecutors in this case worked diligently to uncover the illegal activities of Springer and Stilley, and they did an outstanding job of presenting the evidence which resulted in the convictions and sentencing of the defendants. The U.S. Attorney’s Office for the Northern District of Oklahoma will continue to vigorously prosecute flagrant offenders of the nation’s tax laws in an effort to make the system fair to all.”

“The harsh sentences these individuals received should serve as a stern warning to others, who are on a similar path of criminal non-compliance with the tax laws,” said Andrea Whelan, IRS Criminal Investigation Special Agent-in-Charge of the Dallas Field Office.

The prosecution of the matter was handled by the Department of Justice Tax Division Trial Attorney Charles O’Reilly and Northern District of Oklahoma Senior Litigation Counsel, Assistant U.S. Attorney Kenneth Snoke. The investigation was undertaken by the Tulsa Office of the IRS Criminal Investigation Division.