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Simkanin guilty of 29 counts of tax violations
Fort Worth Star-Telegram ^ | 1/8/2004 | Max Baker

Posted on 01/08/2004 5:56:20 AM PST by sinkspur

FORT WORTH - After deliberating for more than 13 hours over two days, a federal jury Wednesday convicted Bedford businessman and tax protester Richard Simkanin on 29 counts of violating U.S. income tax laws.

The jury of six men and six women delivered its verdict shortly after 8 p.m. They remained deadlocked on two counts within the indictment, leading U.S. District Judge John McBryde to declare a mistrial on those charges.

Simkanin stood silently with his hands behind his back, showing no emotion, as a court clerk read the 29 guilty verdicts. Some supporters in the courtroom dabbed their eyes; others glared at the judge.

Simkanin, 59, is scheduled to be sentenced April 30, Assistant U.S. Attorney David Jarvis said. He can get up to five years on each of the 25 felony counts and up to a year on each of the four misdemeanor charges.

"Justice was served, and we're pleased that the jury understood that no one is above the law," Jarvis said.

Arch McColl, the Dallas lawyer representing Simkanin, said his client was denied a fair trial because McBryde did not allow him to present key evidence on whether Social Security, Medicare and income taxes are voluntary.

McColl said he expects to win on appeal, but he added that it is time for Americans to pay attention to what happened in court.

"I'm terribly disappointed," McColl said. "It was not a fair trial in accordance with the Sixth Amendment of the Constitution that includes the fundamental right to present evidence on your own behalf."

Robert Schulz, founder of We the People Foundation for Constitutional Education, a group that questions the validity of the nation's tax laws, told Simkanin's supporters that the defendant was prepared for the worst.

"His spirits are fine. His faith is strong," Schulz said.

This is the second time Simkanin has gone on trial. In November, McBryde declared a mistrial when jurors who deliberated for eight hours said that they were deadlocked and could not reach a unanimous verdict.

Simkanin is almost considered to be a political prisoner by groups that question the validity of the nation's tax laws. They contend that most Americans are not required to pay income taxes.

They are particularly hostile toward the Internal Revenue Service, an agency that, they say, is not an official government entity.

Simkanin's supporters came from around the country. They held a vigil at the courthouse, at one time praying in the hallway. They often gave him a thumbs-up gesture as he entered the courtroom. Once, Simkanin got a standing ovation.

During the trial, Simkanin testified that he didn't withhold employees' taxes for Medicare and Social Security benefits because his research did not produce a law showing that participation in the programs was mandatory.

But Simkanin backed away from some of his anti-government comments, saying they were a mistake. He once wrote to the U.S. Treasury secretary saying that he had repatriated himself from the United States to the "Republic of Texas."

When McColl tried to query witnesses on legal definitions of "employee" and "wages," McBryde cut him off. The judge told jurors they could not question the constitutionality of the tax code.

Prosecutors put 11 witnesses on the stand to show that Simkanin knew what he was doing when he stopped withholding and paying taxes. Under federal tax laws, ignorance of tax codes can be used as a legal defense.

Jurors sent out seven notes during their 11 hours of deliberations Wednesday.

They asked for legal definitions and whether they had to review evidence on who does have to pay taxes.

McColl said his client's company, Arrow Custom Plastics, is in deep financial trouble because of his fights with the government. Simkanin has been in jail since June.

Simkanin was convicted on 10 felony counts of failing to withhold about $139,000 in taxes from employees' wages and 15 felony counts of filing false tax refund claims for about $235,000.

He also was found guilty of four misdemeanor counts of not filing individual income tax returns from 1998 to 2001. Simkanin had an estimated gross income of about $410,000 during those years, according to the indictment.

Dottie Harrison, a Simkanin supporter from Houston, said his allies will continue to fight.

"I'm in shock, but the determined energy everyone feels to overturn this injustice will be a catalyst that will expose the entire IRS fraud," she said.


TOPICS: Culture/Society
KEYWORDS: bobschulz; dicksimkanin; givemeliberty; schulz; simkanin; taxhonesty; taxprotest; taxprotester; wethepeople
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To: ancient_geezer
You got it geez.
On that note, consider youself dismissed, seeing that you obviously need rest..


321 posted on 01/09/2004 11:17:56 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out the Rickenbacher in me.)
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To: tpaine
Good, glad you agree.

Hope to see you in the docket soon ;O)
322 posted on 01/09/2004 11:22:55 PM PST by ancient_geezer
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To: ancient_geezer
Dream on.
323 posted on 01/09/2004 11:24:31 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out the Rickenbacher in me.)
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To: tpaine
Hey I can always hope, if not me then someone else 'll git yah.

Afterall, its everybody's right to sleep through a trial and then vote to convict them obvious tax protestors.
324 posted on 01/09/2004 11:29:05 PM PST by ancient_geezer
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To: ancient_geezer
"Git" me?? -- For what?

- Baiting a drunk, maybe?
325 posted on 01/09/2004 11:36:02 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out the Rickenbacher in me.)
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To: tpaine
That'll work too, whatever they get you into a docket for, jury nullification is the answer.

Jess vote to throw em in the clink. No sweat not mess.
326 posted on 01/09/2004 11:38:32 PM PST by ancient_geezer
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To: Hon
No, you haven't argued much of anything. You have only smugly implied you have some superior knowledge about the issues, but can't be bothered to demonstrate it.

I think it's plainly evident that the forces of revenue-enhancement are out of control in this country.

Except to you, of course. ;-)

327 posted on 01/10/2004 10:35:04 AM PST by an amused spectator (articulating AAS' thoughts on FR since 1997)
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To: Hon
You're right.

It is right there in the US Tax Code, and I stand corrected. While Simakin has a right to be upset with the law, he has no legal leg upon which to stand to defy it.

You are right, I was wrong.

;-/

328 posted on 01/13/2004 7:14:51 AM PST by Gargantua (When green frog croak in full of moon... crow have bad gas...)
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To: Gargantua
I figured you had just missed it in the thread. I commend you for admitting your error.

Regards.
329 posted on 01/14/2004 3:18:46 PM PST by Hon
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To: Hon
The facts of a matter should be presented to the jury. You argue against that principle. Why?

Your ignorance of the law and court proceedings is laughable. Maybe it's a put on. In any case it's tiresome.
-hon-

Every time you post such preposterous bull about my replies, you look like a bigger fool. - Keep up the good work.
Can you answer the question?

-------- CRICKETS ---------

Typical Mojo.
It appears you have not just 'missed' the thread, and cannot admit your error.

330 posted on 01/14/2004 4:28:02 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out the Rickenbacher in me.)
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To: tpaine
I would guess you get a lot of crickets to your blithering and incomprehensible posts.
331 posted on 01/14/2004 5:08:01 PM PST by Hon
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To: Hon
You would know mojo..
332 posted on 01/14/2004 5:09:23 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out the Rickenbacher in me.)
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To: sinkspur
book mark
333 posted on 01/14/2004 5:22:37 PM PST by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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To: Hon
"I commend you for admitting your error."

While appreciated, there's no need to commend me for merely doing what should be expected of any adult... notwithstanding the fact that such candor is a surprisingly rare event here on FreeRepublic...

FRegards.

;-/

334 posted on 01/15/2004 8:49:24 AM PST by Gargantua (When green frog croak in full of moon... crow have bad gas...)
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