Friday, May 30, 2008

Government Files Cross Appeal in Wesley Snipes Case

The government filed a Notice of Cross-Appeal in the Wesley Snipes case (see below).  How far this will get, however, remains to be seen.  Certainly there are several questions that one has to ask here -

  • What could they possibly be appealing?  Snipes received the prison sentence the government asked for  (see here)- three years. (see here) They can't appeal the jury's failure to convict on the counts he was acquitted on.  Thus, the only remaining basis could possibly be the court's failure to impose any fine, or to make "restitution" (payment of delinquent taxes) a special condition of supervised release.  Would they really make this a basis for a cross-appeal?
  • Has this cross-appeal been through the approval process of the Solicitor General's office? And if so who approved it? (Paul Clements announced he was stepping down - see here)

Notice of Government Cross-Appeal -  Download Snipes.pdf

(esp - from Firenze, Italy)

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This appears to be a protective filing notice of appeal, while the government mulls over whether to file an appeal. It happend not infrequently. There is a good chance they will not and may withdraw it. Also, the SG does not usually approve the appeal him/herself, but one of the deputies who specialize in a particular area will need to approve it. For example, in the criminal area, it is usually Michael Dreeban.

Posted by: former AUSA | Jun 2, 2008 5:13:00 AM

Solutions to tax problems are not "do it yourself" friendly. Save yourself heartache down the road and enlist the help of a tax professional if you have a tax problem. Improperly dealing with the IRS will not only cost you more in penalties and interest, but could lead to jail time.

Posted by: R Jones | Jun 27, 2008 7:21:41 AM

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