Irs and Judges

#1 05-01-2004, 10:20 PM

Some of you may have already seen this case, unbelievable as always. Look at the tax laws, how can you possibly lose is the question. I'll tell you, a corrupt government not willing to follow its own laws.
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4-30-04
Simkanin Sentenced: 84 Months

Judge McBryde Doubles Recommended Sentence
Appeal Underway - Your Help Needed
Texas business owner, loyal American, loving husband and political prisoner Richard M. Simkanin was sentenced today to 84 months following his January conviction for willful failure to withhold and willful failure to file "income" taxes.
After several hours of legal wrestling related to findings and recommendations included in Simkanin's pre-sentencing report, USDC Judge John McBryde imposed the sentence that is approximately double what was indicated by the "point system" criteria utilized in the federal sentencing guidelines.
During the day, McBryde also sentenced two other individuals on federal charges including a bank robber and a wife-beating firearms dealer. Their combined sentences were less than half that received by Simkanin. 
Although arguably unreasonable given the circumstances of his "crimes", the upward departure from the sentencing guidelines was not unexpected given McBryde's well documented history of judicial abuses on the federal bench, his collusion with the DOJ and IRS, and his determination to direct a guilty verdict.

Simkanin's legal contentions include the following:
<UL>
<UL>
<LI>
He had been misled to believe that people had to supply him with a social security number before they could be allowed to work for him, which is not true.1
<LI>
He had been misled to believe that his workers were compelled to submit a federal W-4 withholding certificate in order to work for him, which is not true.2
<LI>
He had been misled to believe that neither his company, nor his workers could terminate a W-4 withholding certificate, which is not true.3
<LI>
He had been misled to believe that his workers fit the definition of "employee" under the internal revenue laws, which is not true.4
<LI>
He had been misled to believe that his company was a "withholding agent," under the internal revenue code, which is not true.5
<LI>
He had been misled to believe that his personal earnings as well as the earnings of his workers were taxable under the internal revenue laws, which is not true.6
<LI>
He had been misled to believe that his company was required to make returns or statements of payments to his workers, which is not true.7
<LI>
He had been misled to believe that his workers were compelled to participate in the Social Security entitlement program, which is not true.8
<LI>
He had been misled to believe that the internal revenue laws define what is meant by "income" which is not true.1 </LI>[/list][/list]<DIV id=sdfootnote1>
1 See the March 18, 1999 letter from Charles Mullen, Director Office of Public Inquiries of Social Security Administration.
2 See 31 CFR 215.2(n) (1), 215.6, 215.9 and 215.11. See also 26 USC 3402 (p)(3)(A).
3 See 26 CFR 31.3402(p)-1(b)(2).
4 See 26 USC 3401(c), 3121(d), and 3306 (i).
5 See 26 USC 7701(a)16, 26 CFR 301.7701-16 and 26 USC 1441 through 1446, 6201, and 6301.
6 See 26 CFR 1.863-1(c) and 26 CFR 1.861-1.
7 See 26 USC 6401.
8 See Railroad Retirement Board v. Alton Railroad Co., 295 U.S. 330.
9 See Eisner v. Macomber, 252 U.S. 189, 206</DIV>
Simkanin's primary contention is that he is NOT, and CANNOT be under our Constitution, an "employer" as legally defined by the Internal Revenue Code, and therefore is NOT under a legal duty to withhold or file for his "employees". The legal definitions as defined in the Internal Revenue Code statutes are as follows:
26 USC 3401(d):<PRE>c) Employee

For purposes of this chapter, the term ''employee'' includes an
officer, employee, or elected official of the United States, a
State, or any political subdivision thereof, or the District of
Columbia, or any agency or instrumentality of any one or more of
the foregoing. The term ''employee'' also includes an officer of a
corporation.

(d) Employer

For purposes of this chapter, the term ''employer'' means the
person for whom an individual performs or performed any service, of
whatever nature, as the employee of such person[...]</PRE>

Simkanin's legal battle involved multiple Grand Jury presentments, a November 2003 hung jury and re-trial, the denial of bail to Simkanin (who had no criminal record), a non-public voir dire proceeding, the sealing and alteration of trial transcripts and the well-documented denial of due process during the trial.
The most telling proofs of judicial manipulation were McBryde's improper directed findings of critical facts to the jury (e.g., that Simkanin was an employer liable to withhold), ruling that Simkanin could not enter a single piece of paper as defense evidence and McBryde's repeated quashing of testimony when he (Simkanin) attempted to put on a defense by explaining the content of the Constitution's taxing clauses and the content of federal tax law and how he relied on the words of the law to determine his actions.</TD></TR></TBODY></TABLE>

#2 05-02-2004, 12:14 AM

I correspond with **** Simkanin quite frequently. He wrote to me in one of his letters that one man&has been there for 2 years and has not been charged with any violation or crime.& He said that many men there have not committed any crime but were charged with some made up situation just to keep the prison full.& He added,

"this is a new money making bonanza for lawyers and judges called "THE LAW ENFORCEMENT GROWTH INDUSTRY".& The prison system is going totally private and the lawyers and judges own all the stock in the private prison system.& What a contolled scam, huh"?

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"Going beyond federal sentencing guidelines, McBryde sentenced Simkanin to seven years in prison and ordered him to pay $302,000 in restitution to the government.

In explaining the tough sentence, McBryde cited Simkanin's history of radical anti-government beliefs and his "contempt and disrespect" for the federal government and the federal courts.

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<TD vAlign=top colSpan=2 height="100%">While tax protesters from We the People crowded McBryde's courtroom during the trial, just a handful of supporters showed up for his sentencing.
Wearing an orange jail jumpsuit and a blue jacket, Simkanin cited the Bible verse James 5:4. In his view, the passage means that withholding a laborer's wages constitutes fraud.

His face showed an expression of defiance and sadness. He expressed no remorse for his actions, but said he regrets the effect of his prison sentence on his wife, Carole, who is severely ill.

"I do apologize to my wife for what she will go through in my absence," Simkanin said.
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Ice · #3 05-02-2004, 12:21 AM

I had started an thread about this case but it was lost in the crash... we had a very interesting discussion going on there.

I am still curious about what documents his attornies may or may not have filed and why certain actions and statements of the judges' were not challenged with a follow through of OBJECTIONS to those actions and statements.

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#4 05-02-2004, 12:35 AM

I don't know what happened, but my impression is that McBryde didn't allow quite a few statements and/or objections that were made.I also don't think&McColl had a lot of experience&with such&a corrupt judge as McBryde. Sometimes its hard to assert yourself under such intimidation, especially when you are an officer of the court.

The saddest thing is that&his wife may die while he's in prison.&How depressing can you&get?&

Ice · #5 05-02-2004, 11:41 AM

If you look at "Objections to Evidence and Testimony", at the very end, the 5 steps to Objection are listed.& What happens when the judge "over rules" an objection? -- Eventually it goes to appeal AND THE TRIAL STOPS UNTIL THE QUESTION IS ANSWERED.& So, why didn't the attornies use this to their advantage at every possible opportunity?

And I haven't even brought up asking the judge if he were "making a legal determination or decision", which is something they could have done several times as the judge blatantly stated he was!!& Those "legal determinations and decisions" should have been CHALLENGED on the spot!& The judge REMOVED THE BURDEN OF PROOF from the prosecutor by making "legal determination and decision" -- and the attornies should not have allowed him to get away with that.

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suijuris · #6 05-02-2004, 02:51 PM

I have a good deal of respect for what WTP have done, mainly because they have gotten so much attention to to the tax issue. However, they seem to have the idea that money will solve the problem, and that is NOT true. If you get their e-mails or visit their site, you will see they are always raising money for something - and about half the time it is going to ATTORNIES for a lawsuit or some PERSONS legal defense.

The only solution is knowledge... and if you get in a situation such as Simkanin, an attorney will likely not be of much help.

As to the prison system being privately owned, I can attest to that. Research a company called "UNICOR".

Regards,
Sui Juris

#7 05-02-2004, 04:27 PM

Sui Juris,

It is true, they&do seem to think money will solve&problems.So how is Simkanin suppose to learn how to get out of jail without hiring&expensive attorneys?&I do think you are right though about that, ie.,that knowledge is the only way, and if only WTP would assist/coach&Simkanin in how to do that, wouldn't that be wonderful. But, as far as I know, &they don't&have a clue how to do this.&I sent **** the John Jennings lien seminar transcript and he told me that he went to his seminar a few years ago, but he&believe that no matter what you do&the judges&do what they want to do.IMO, I believe John Jennings could assist **** Simkanin&in getting out.& Jennings has the knowledge to do this. Hire John Jennings!

&

#8 05-02-2004, 06:25 PM

Yeah, i know about Unicor from when i was a federal correctional officer in the early nineties. We had inmates making Serta mattresses for Sears, army uniforms, postal mag bags, furniture and some other items at the prison wage of i believe it was 10 cent or 25 cent an hour. And get this, Unicor has first rights to any contract and Unicor they eat it up. I resigned from that crap because i got tired of seeing predominately young black males being herded into FORCED labor for the government under the disguise of the war on drugs. How convenient to give out 10 to life sentences for drugs the government brings into the hood to sale and kill two birds with one stone, make money off the drugs and&get them off the streets and make them work for nothing for a long time.&Mike Brown speaks about seeing that crap when he was an inmate in federal prison. And yes, the lawyers and judges all have stock in that crap. I remember when the state of Georgia was building numerous prisons in the early nineties and becoming a role model state for prison industry, guess who was pushing this? Governor Zell Miller who coincidentally OWNED several private prisons WHILE he was pushing this WHILE governor!!!

#9 05-02-2004, 09:19 PM

<TT>Taken from the book The Rape of Justice, by Eustace Mullins:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o

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<TT>The prison bureaucracy has developed its own version of the Soviet </TT><TT>slave labor camps, called UNICOR. It produces 192 different products</TT>
<TT>in our federal prisons, paying the inmates an average of sixty cents a</TT><TT>n hour. UNICOR states that it is a government corporation, wholly</TT>
<TT>owned, despite the fact that on December 6, 1945, Congress passed 31 </TT><TT>USCA 866, "No corporation shall be created, organized, or acquired by </TT><TT>the federal government. No wholly owned government corporation shall </TT><TT>continue after June 30, 1948. The private corporate authority of </TT><TT>every such corporation shall take the necessary steps to institute</TT>
<TT>dissolution or liquidation proceedings before that date." UNICOR </TT><TT>bureaucrats are now demanding that the government double its prison </TT><TT>capacity to fulfill its burgeoning slave labor contracts.</TT>

<TT>UNICOR has many contracts with government departments. At the </TT><TT>Lexington Federal Prison, HUD, the Department of Housing and Urban</TT>
<TT>Development, contracted with the Federal Prison Industries, UNICOR, </TT><TT>to process some 60,000 credit applications for mortgages. Prisoners</TT>
<TT>operating 35 computer terminals process forms containing credit card </TT><TT>numbers and other vital bank and credit information from the 60,000</TT>
<TT>applicants. One prisoner, Beverly Hirsch, was horrified to find that </TT><TT>such personal information was being made available to prisoners, who</TT>
<TT>could pass the numbers along to accomplices outside the prison. She </TT><TT>talked to a reporter from the Lexington Herald Leader; the result was</TT>
<TT>that she was immediately placed in solitary confinement. Her </TT><TT>security status was changed to a derogatory one, and she was soon </TT><TT>transferred to California, far from her children and her recently </TT><TT>widowed mother. Prisoners who run afoul of the penology bureaucracy </TT><TT>receive the full treatment; loss of rights, "diesel therapy," that </TT><TT>is, repeated transfer further and further away from their loved ones, </TT><TT>often with months passing in which relatives do not know where they </TT><TT>are; and "loss of rights while in transit". The U.S. Marshals </TT><TT>Service uses more than 800 county jails as "stopovers" for the </TT><TT>victims of "diesel therapy". As a "snitch" on prison corruption, </TT><TT>Beverly Hirsh will remain "in transit" for many months.</TT>

<TT>Another well-known prisoner, Rudy Stanko, has also been the victim </TT><TT>of "diesel therapy," for blowing the whistle on UNICOR's slave labor</TT>
<TT>practices in our federal system. Stanko has been the victim </TT><TT>of "diesel therapy" eighteen times, sometimes being moved from one </TT><TT>prison to another three for four times in a period of two or three</TT>
<TT>weeks. In less than two years of imprisonment he has been in solitary </TT><TT>confinement 472 days.</TT><o

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#10 05-02-2004, 10:29 PM

Man!!! Wait a minute, they are locking people up for white collar crimes (identity theft etc.), then giving them access to people's credit info!!??? Now to diesal therapy, you are correct!! I used to work for a state prison up North and they would bring federal inmates from the south up there and threaten them with long sentences if they didnt snitch on people they knew. Amazing that you confirmed that.