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Today's Date: 4/3/125 | 12:56 P.M. U.S. Attorney News Feed
Snipes Trial Offers IRS Perfect Script
Lawyer News | 2008/01/30 10:10
Even Hollywood couldn't have written a more ideal script for the Internal Revenue Service than actor Wesley Snipes' tax-fraud trial.

At a time when millions of Americans are buckling down to prepare their taxes, Snipes is being cast as a villainous example of the dangers of joining with Internet-fueled activists who claim the IRS has no authority to collect taxes.

Snipes, the star of the "Blade" films and "White Men Can't Jump," is on trial with two tax protesters in one of the biggest criminal cases in IRS history, and the agency hopes the media attention on the matter will dissuade others in the "tax avoidance" movement from trying to outwit the government.

"People who do it openly and notoriously, you've got to go after them," said Sheldon Cohen, who was IRS commissioner and general counsel in the 1960s. "Not because he's that important or the amount of money is that important, but because there are others who may be foolish enough to follow."

Snipes, 45, could get up to 16 years in prison if convicted on all counts, although sentences that long are unusual.

"I've always been paying my taxes; I've always been trying to comply," Snipes said Tuesday in his first substantive public comment since the trial began. "The question is if they tell you what you're supposed to do. We need to go to our government and get clear answers."

His two co-defendants are an anti-tax ideologue who refuses to defend himself in court and an accountant who lost his licenses. The trio rested their defense Monday without calling any witnesses, saying they didn't need to.

"Nobody likes paying taxes, but paying taxes is the price we pay to live in a civilized society," Assistant U.S. Attorney M. Scotland Morris said Tuesday in closing arguments. "And it's the law, and that's what this case is about. It's about three men who felt they were above the law."

Defense attorney Robert Barnes conceded Snipes' arguments may have been crazy, but insisted that didn't make them criminal.

"Disagreement with the IRS is not fraud of the IRS, is not deception," Barnes said. "It was an attempt to engage the IRS, to go through the IRS procedures and processes and see who's right."

In lengthy filings to the IRS, the three defendants claimed they did not legally have to pay taxes, citing an obscure section of the tax code that establishes that foreign sources of income for U.S. citizens are taxable. Protesters take that to mean only foreign sources are taxable, and wages made in this country are not.

"They string unconnected things together in a way that they're just not intended to be strung together," said Chris Rizek, a former Treasury Department lawyer who specialized in tax policy. "And the courts have repeatedly said 'No, that's the wrong interpretation, listen to this.' And they just don't listen."

Snipes, who is free on $1 million bond, was paying millions in federal income taxes until 2000 when, according to prosecutors, he accepted the arguments of his two co-defendants. Snipes then allegedly began seeking nearly $12 million in illegal refunds for taxes he already paid.

Snipes, alleged ringleader Eddie Ray Kahn and former CPA Douglas P. Rosile were indicted on eight counts alleging tax fraud, conspiracy and willful failure to file returns. Kahn now refuses to leave his jail cell because he believes the court has no jurisdiction to prosecute him.

The government says Kahn founded a group in the 1990s, American Rights Litigators, and a successor group, Guiding Light of God Ministries, that purported to help members legally avoid paying taxes. Rosile, a former accountant who lost his licenses in Ohio and Florida, prepared the paperwork. Snipes joined their group in 2000.

Witnesses for the prosecution have said up to 4,000 people refused to pay taxes based on the group's arguments.

The three men claimed the IRS is not a legitimate government agency. Snipes also argued in long, bizarre letters that he was a nonresident alien; that the IRS terrorizes and deceives citizens; and that efforts to prosecute him would cause "increased collateral risk."

Most tax cases are handled in civil court, because the IRS does not have enough agents or time to pursue criminal charges against ordinary taxpayers who fudge a deduction or a decimal place on their tax returns.

But pursuing the matter in criminal court carries other risks — the burden of proof is higher, and an acquittal would instantly galvanize the tax-avoidance movement, which already enjoys boundless exposure on the Internet.

The IRS has been successful in pursuing criminal cases against the movement's followers.

Last year, for example, a New Hampshire tax protester vowed to die fighting rather than be apprehended following criminal conviction on several tax charges. Several people were arrested trying to help Ed Brown and his wife avoid capture, and almost all of them were from other states.

Brown and his wife were taken peacefully, but only after agents tricked the couple into surrendering.

But there are exceptions. In 2003, FedEx pilot and tax protester Vernice Kuglin was acquitted because the jury found she sincerely believed she didn't have to pay taxes.

Kuglin's assets were seized, and the government got its tax money. Despite that, her case is held by some protesters as proof that the IRS is a sham, and citizens really don't have to pay taxes.

Cohen, the former IRS commissioner, said trials like Snipes' are important to discourage potential tax scofflaws from defying the government.

"Locks are important on windows to keep honest men from becoming thieves," Cohen said. "Because a thief can get into a window even if it's locked, right? But you do that as a deterrent."



Man charged in officers' shooting found guilty
Criminal Law Updates | 2008/01/30 09:51
A jury in Atlantic County has convicted a man charged with shooting two Egg Harbor Township police officers and firing at a third.

Twenty-nine-year-old Christopher Blank of Egg Harbor Township was found guilty Tuesday of all counts against him, including three counts of attempted murder.

The shooting took place after a traffic stop on the Black Horse Pike on July 13, 2006.

Officers Christopher Leary and Clear Constantino were wounded after a scuffle with the suspect, who also fired at a third officer and missed.

Blank was captured five hours later in nearby woods. He faces up to 60 years in prison at sentencing.


Kickback Case: Retired Lawyer Sentenced
Court Feed News | 2008/01/29 19:01
A retired attorney who pleaded guilty in a lucrative kickback scheme involving class-action lawsuits against some of America's largest corporations was sentenced Monday to six months home detention and two years probation. Federal prosecutors have said 80-year-old Seymour Lazar was paid about $2.6 million to be a professional plaintiff and help the prestigious law firm now known as Milberg Weiss in its pursuit of the lawsuits.

Authorities said the firm made an estimated $250 million over two decades by filing such legal actions.

Seven people, including three former partners at the firm, have pleaded guilty in the case. Lazar was the first to be sentenced. He also was fined $600,000.

U.S. District Judge John F. Walter said he was outraged that a former attorney could "flatly lie" as part of legal proceedings.

The lack of respect for the legal system amounted to the "absolute height of arrogance," the judge said, adding that he would not have hesitated to send Lazar to prison if not for his age and deteriorating health. Lazar could have faced up to 18 years in federal prison.

Wearing a dark blue suit with a knitted sweater draped across his shoulders, presumably for extra warmth, the frail-sounding Lazar said he understood Walter's concerns but felt he had already been punished for his wrongdoing.

"I have been under investigation for seven or eight years and it has been seven or eight years of hard time," Lazar said. "That's all I can say."

With the judge's consent, Lazar remained seated throughout the hearing.

Lazar pleaded guilty in October to obstruction of justice, subscribing to a false tax return and making a false declaration to the court.

Walter said he spent the weekend thinking about a suitable sentence for Lazar, worrying that a noncustodial term would send a message that wealthy defendants can buy their way out of confinement.

But ultimately, Walter said Lazar's infirmity made him unsuitable for prison.

Lazar thanked the judge after the sentencing.

"Good luck to you," the judge replied.

Lazar then left the courtroom and was greeted by members of his family.

Lazar has already repaid $1.5 million of the money prosecutors said he was paid as part of the scheme.

The law firm, previously known as Milberg Weiss Bershad & Schulman, paid $11.3 million in kickbacks to people who became plaintiffs in class-action lawsuits against companies such as AT&T Inc., Lucent, WorldCom, Microsoft Corp. and Prudential Insurance, prosecutors said.

The tactic allowed the firm's attorneys to be among the first to file litigation and secure the lucrative position as lead plaintiffs' counsel, according to court documents.

The firm dominated the industry in securities class-action lawsuits, which involve shareholders who claim they suffered losses because executives misled them about a company's financial condition.

The three former partners who have pleaded guilty are William Lerach, Steven Schulman and David Bershad.

Lerach's high-profile legal victories included a $7 billion judgment against now-defunct energy giant Enron Corp. He pleaded guilty as part of a deal to conspiracy to obstruct justice and make false statements.

Schulman pleaded guilty to a racketeering conspiracy charge. He agreed to forfeit $1.85 million to the government and to pay a $250,000 fine.

Bershad pleaded guilty to conspiracy and agreed to cooperate with the government.

Firm co-founder Melvyn Weiss has pleaded not guilty to one count each of conspiracy, mail fraud, money laundering and obstruction of justice in a revised indictment.

The Milberg Weiss firm itself has pleaded not guilty to two counts of conspiracy and one count each of obstruction of justice and making false statements.



ACLU Sues Over Paper Ballots in Ohio
Lawyer Blog News | 2008/01/29 18:55
The American Civil Liberties Union asked a federal judge on Monday to block the March 4 presidential primary in Ohio's biggest county if it switches to a paper ballot system that doesn't allow voters to correct errors. In a follow-up to a suit it filed Jan. 17, the ACLU of Ohio asked for a preliminary injunction against any election in Cuyahoga County if the switch is made. The lawsuit argued that the proposed paper-ballot system would violate voters' constitutional rights because it doesn't allow them to correct errors on ballots before they are cast.

"The evidence is overwhelming that when voters do not have access to technology that notifies them of ballot errors, many more ballots are left uncounted," said Meredith Bell-Platts, a voting-rights attorney with the ACLU.

Cuyahoga County, which includes Cleveland and has more than 1 million registered voters, plans to send all paper ballots from precincts to a central location to be scanned and counted.

The ACLU alleges that the optical-scan system and centralized vote tabulation would not give voters notice of ballot errors — such as voting for two candidates for one office.

Opponents of the system say scanning should be done immediately at the precinct level to alert voters to such errors and allow them to correct invalid ballots.

U.S. District Judge Kathleen O'Malley set a deadline of Feb. 4 for the Ohio secretary of state and the county elections board to respond to the ACLU and a hearing for the next day on the request for a preliminary injunction.

Secretary of State Jennifer Brunner, Ohio's top elections official, said the thrust of the ACLU's request would rule out the use of absentee ballots because those voters wouldn't know whether they had made an error or get a chance to correct it.

Brunner said it would difficult to go back to the prior touch-screen voting system in time for the primary because of staff training and system testing requirements.

"The ACLU is too late," she said.

Messages seeking comment were left for Cuyahoga County Prosecutor Bill Mason, whose office handles legal matters for the elections board. Jane Platten, director of the Cuyahoga County elections board, referred requests for comment to Mason's office.

When the lawsuit was filed, Mason said he would challenge its contentions. Mason said the optical-scan system is permitted under the Help America Vote Act passed by Congress in 2002 in response to the disputed 2000 presidential election.



Lawmakers Fault FEMA on Trailers
U.S. Legal News | 2008/01/29 17:55

Democratic leaders of a House science subcommittee alleged yesterday that the Federal Emergency Management Agency manipulated scientific research into the potential danger posed by a toxic gas emitted in trailers still housing tens of thousands of survivors of hurricanes Katrina and Rita.

FEMA "ignored, hid and manipulated government research on the potential impact of long-term exposure to formaldehyde" on Katrina and Rita victims now living in the FEMA trailers, the congressmen wrote in a letter to Homeland Security Secretary Michael Chertoff, whose department includes FEMA.

Reps. Brad Miller (N.C.) and Nick Lampson (Tex.) cited agency documents given to Congress in alleging that the federal Centers for Disease Control and Prevention -- generally considered a repository of nonpartisan scientific expertise -- was "complicit in giving FEMA precisely what they wanted" to suppress the adverse health effects.

The lawmakers said the CDC's Agency for Toxic Substances and Disease Registry ignored one of its experts, Christopher T. De Rosa, after he informed FEMA there was no "safe level" of long-term exposure. They said FEMA bypassed that opinion and "shopped" the agency for its desired recommendation to study only short-term exposure.

"Any level of exposure to formaldehyde may pose a cancer risk, regardless of duration," De Rosa wrote in a Feb. 27, 2007, letter to a FEMA lawyer, recently obtained by a House Science and Technology investigative subcommittee that Miller chairs. "Failure to communicate this issue is possibly misleading and a threat to public health."

De Rosa wrote the letter after learning that the CDC bypassed his office to produce a Feb. 1, 2007, report for FEMA that did not consider long-term exposure risks, contradicting his recommendation to the agency in June 2006.

"Honest scientific studies don't start with the conclusion, and then work backwards from there," Miller said.

FEMA said the health agency's report last February did not address long-term health effects but rather concerned ways to avoid toxic exposure to formaldehyde. "FEMA did not suppress or inappropriately influence any report," agency spokesman James McIntyre said.

More than 40,000 trailers are still being used by families displaced by Katrina in August 2005 and Rita weeks later. FEMA announced last July that it would test occupied trailers, after congressional investigators disclosed that the agency had suppressed warnings for more than a year from its field workers about health problems experienced by Katrina survivors.

Tests on 500 trailers, finally begun last month, are being performed by CDC, the lawmakers noted. "The Committee is concerned about the independence and scientific integrity of any indoor air testing for formaldehyde levels in these trailers done under the auspices of FEMA," Miller and Samson wrote.

"For those who are too poor to live elsewhere, FEMA's position remains as it was in 2006: there are no possible adverse health effects that can't be cured by opening the windows," they added.





Breyer Keeps Up Bush Speech Attendance
Legal Career News | 2008/01/29 16:57
Four Supreme Court justices donned their robes to attend this year's State of the Union, but only one among them could boast a perfect attendance record during the Bush presidency.

Justice Stephen Breyer, appointed by President Clinton and a one-time aide to Democratic Sen. Edward Kennedy, has been in the House of Representatives for all seven of Bush's State of the Union speeches.

On three occasions he was the only justice to cross the street from the court to the Capitol. In addition, Breyer also was the only justice at Bush's first speech to Congress in 2001, a couple months after the justices voted 5-4 to stop Florida's ballot recount and ensure Bush's presidency. Breyer had opposed halting the recount.

Breyer was joined Monday by Chief Justice John Roberts and justices Samuel Alito and Anthony Kennedy.

Roberts and Alito, Bush's two court appointees, have attended all three speeches since joining the court.

The last time Breyer missed the State of the Union was in 2000, in Clinton's last year in office. He had the flu.

That speech was the only time in recent memory when no justice was present, other than in 1986, when the speech was rescheduled because of the explosion of the Challenger shuttle.

Justices typically have said little about why they do or don't attend the speech. One exception is Justice Antonin Scalia, who hasn't gone in at least nine years.

Scalia, commenting in 2000, said the speech has become increasingly partisan — a potential problem for justices who customarily refrain from applauding anything even remotely political.

"One side will clap for this, and then the other side will clap for that," Scalia said. "And you know, we sit there like bumps on a log."

___

Put the second woman on the Supreme Court together with the first woman on Great Britain's highest court and what do you get? A conversation about bathrooms, of course.

"Everybody's got a bathroom story, haven't they?" said Lady Brenda Hale, the first woman Law Lord, at a recent forum at Georgetown University's law school with Justice Ruth Bader Ginsburg.

Ginsburg recalled that when she joined the court in 1993, court workers altered the woman's bathroom adjacent to the room where the justices put on their robes to make it as large as the men's room. But it took a letter from advice columnist Dear Abby to get the court to change its tradition and open public women's bathrooms before 9 a.m., she said.

Sandra Day O'Connor, named to the Supreme Court in 1981, "had taken care of most of the irrationalities before I got there," Ginsburg said.

Hale told her own tale of being informed there was no women's restroom at the Privy Council, the final appeals court for the British empire.

The trailblazing judges also discussed recent changes in England that include renaming the high court the Supreme Court of the United Kingdom, moving the court from Parliament to its own building and instituting mandatory retirement at 75.

Hale, also known as the Baroness Hale of Richmond, said the age limit was a response to colleagues "who went on long beyond it was sensible for them to go on, but were not sufficiently incompetent to be removed."

Ginsburg noted with relief that there is no retirement age for U.S. judges. She will turn 75 in March.



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