WTP Congress Fills Dallas Federal Courtroom
Baseless DOJ Claims Rejected  

Today, June 25, 2003 at approximately 1 PM, non-withholding employer Dick Simkanin was ordered released from the Fort Worth, Texas jail where he has been held since last Friday morning after being arrested and charged with 27 counts of violating federal income tax law. 

Assistant US Attorney David L. Jarvis and his lone witness, IRS CID agent McGowan, failed to convince Magistrate Erma Ramirez of any factual basis to back their empty and apparently vindictive assertions that business owner Simkanin was both a “danger to the community” and that he was a “flight risk” from prosecution.  

Simkanin, owner and principal of Arrow Custom Plastics in Bedford, Texas has been an outspoken critic of the income tax fraud and had ceased all wage withholding on his employees in 2000.  He had presented information about US tax law and the fraud at several previous grand jury proceedings over the last two years.  Each had refused to indict him.  Last week, the DOJ rebuffed Simkanin’s formal request to address the Dallas grand jury that finally indicted him. 

The federal government sought to keep Simkanin incarcerated until his trial and presumably diminish his ability to prepare for the trial. 

According to witnesses at the detention hearing, the US Attorney and his sole witness proffered that Simkanin was a flight risk because he: allegedly invested in a hotel in Belize in the mid 1990’s, vacationed in the Bahamas during the early 1990’s, had two business cards in his wallet from someone outside the US when he was arrested, quoted a passage from scripture on his website and refused to permit the local fire department to perform a safety inspection at Arrow Plastics until they produced a proper legal warrant. 

The US Attorney read from several documents that he subsequently refused to enter into evidence, and objected when Simkanin’s attorney Weuster read from evidence that he (Weuster) offered to be admitted. 

On cross examination by Weuster, the IRS agent admitted that his testimony was less than honest when he testified on direct that “Dick made an affidavit that he was not a US citizen.”  Further, the IRS offered no evidence that Dick had property in the Bahamas or Belize, had been out of the country in the past 3 years, had any money stashed outside of the country, or had ever ignored any order of any court.  The IRS agent also admitted he had no idea how long the business cards were in his wallet, why they were there or what they had to do with anything. 

The IRS agent further admitted that Simkanin had no criminal record, and did not know or ask if Dick regularly attended church, had any drug problem, had traveled among the states or out of the country anytime recently, or about the health of Dick’s wife.  In short, the government failed to establish any legal or factual basis for incarcerating Simkanin as either a “flight risk” or a “danger” to the community. 

The defense presented two witnesses, Mrs. Simkanan, and Simkanin’s accountant Wayne Paul (brother of US Rep. Ron Paul.)  The defense reportedly also filed a large number of affidavits that had been quickly generated during the last two days from WTP supporters around the nation attesting to Simkanin’s character and fitness for release.  

After the 90-minute hearing Magistrate Ramirez ordered Simkanin released on his own recognizance without bail or other financial encumbrance.  His travels will apparently be limited to northern Texas.  Simkanin is to report to the Courtroom of Judge McBride in Fort Worth this Friday, June 27. 

Approximately forty WTP Congress volunteers packed the courtroom to such an extent that some people (including Simkanin’s CPA) were unable observe the hearing because the court bailiffs strictly limited seating to the several pew-like seating rows reserved for the public.  One WTP volunteer said the WTP court watchers “no doubt set the all time occupancy record for the three rows of pews in the courtroom.”  

After rendering her verdict against the government, the US Attorney attempted to vacate the courtroom post haste, until he was admonished by Magistrate Ramirez that the proceedings were not complete.  This forced US Attorney Jarvis back to his seat, short-circuiting his escape plans and forcing him to exit amongst the People. 

After the hearing had been adjourned the courtroom erupted in a low level of applause, to which Ramirez immediately demanded order in the court. The People then silently exited, savoring the exhilaration of the moment. 

Several additional motions have already been filed by Simkanin regarding important Constitutional and due process issues.  We The People will continue to report on this important case that will determine whether or not employers have a legal obligation to withhold from their employees. 

Bob Schulz wants to personally thank the WTP local leadership in Texas and every WTP supporter that took time out of their lives to spread the word about Simkanin, attend today’s hearing or sent in an affidavit in support of Simkanin. Particular thanks go to Hank Goltz, WTP Texas State Coordinator and those volunteers that drove several hours to get to Dallas.  

As was hoped for, the government was denied the usual complicity of the judiciary in their fraudulent, and continuing, abuses of prosecutorial power. The court delivered justice because We the People stood vigilant.