Wednesday, December 7, 2005

What Happens When the Judge Becomes the Defendant

Fraud Update here links to a press release of DOJ's Tax Division here regarding the sentencing of  what they call a "Tax Scam Promoter."  A husband and wife were sentenced "to 43 months in prison followed by three years of supervised release and 24 months in prison followed by three years of supervised release in connection with a tax evasion scheme." 

What is somewhat different about this case is that one of the defendants is "a former municipal court judge."  The press release states that "[a]t an earlier court hearing, a videotape was played showing [the accused] appearing at [  ] seminars wearing judicial robes and portraying himself as a former judge and an expert on tax law."

It is all well and good to give seminars on the law, but not quite these kind of seminars.  The defendants

"admitted that they provided opinion letters, materials and documentation that claimed, among other things, that taxpayers could lawfully stop filing income tax returns and stop their employers from withholding income taxes from their wages. This claim was based upon the long-rejected notion that the Sixteenth Amendment to the Constitution had not been legally ratified."

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2005/12/what_happens_wh.html

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