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| 7-13-03 Judge: Indictment Flawed, But Simkanin Not Released
Workers: “Next
Step” Operation Stop Withholding
Free
IMF Decoding Program &
Despite the testimony of several character witnesses including former IRS CID Special Agent Joe Banister, federal judge John McBryde refused to release business owner Dick Simkanin following a second detention hearing Thursday afternoon. Simkanin, facing 27 federal tax charges related to his failure to withhold income and wage taxes from his workers’ paychecks is being held as a “danger to his community.” According to former IRS agent Joe Banister and others who attended the hearing along with a room full of We The People court watchers, Judge McBryde entertained evidence from the prosecutor including screen shots of Simkanin’s web site and copies of various e-mails Simkanin had sent. Not content with the prosecution’s progress during the hearing, McBryde apparently began to interrogate Simkanin directly as to his ownership of firearms, what type they were and where they were located. McBryde openly stated he thought Simkanin was a “threat to society and to the officers of the government.” According to witnesses, McBryde openly mocked Joe Banister after his testimony and appeared generally miffed at the number of WTP attendees in the courtroom. Simkanin has two new attorneys Arch McColl III and Doug Coffin. Both attorneys are well versed in “tax honesty” trials and McColl personally led the judicial investigation of Judge McBryde for judicial misconduct that resulted in his suspension from the bench and a call for his resignation in 1999. Coffin said he is prepared to lose his bar license defending Simkanin’s beliefs and to insure justice is done. Simkanin, dressed in an orange prison jumpsuit and bound by leg irons, then sat as the judge proceeded to discuss with the US Attorney the matter that Simkanin’s indictment appeared to be significantly “flawed”. McBryde stated that he wanted the US Attorney to “clean up” the indictment and be back in court on Tuesday (July 15) to discuss the matter. (Judge McBryde had previously dismissed a pro se motion by Simkanin regarding his indictment as “frivolous”) Judge McBryde chastised Simkanin attorney Coffin for moving for a Bill of Particulars detailing the criminal charges stating that he “didn’t want to hear these types of motions.” Coffin sharply rebuked the judge, “Are you going to deny my client his rights?” The judge appeared taken back and momentarily fell silent. He eventually agreed the indictment is fatally flawed. According to those close to the case, Simkanin’s indictment fails to cite any specific statute that imposes a legal duty on him to withhold income taxes for his employees. (Note: this follows closely with virtually all federal tax “crime” indictments, e.g., 26 USC 7203 is “Willful Failure to File.” Even though 7203 applies to over 80 different Title 26 internal taxes, no law is ever averred by the US DOJ as specifically requiring payment of income taxes.) The DOJ's entire case for seeking Simkanin's incarceration until trial is apparently based upon allegations made by a disbarred lawyer who was charged with stealing client funds and who is now currently unemployed and is drawing a check from the IRS as a paid informant in the case. Simkanin now waits in a federal detention facility in Fort Worth until the validity of his indictment is addressed next week. After
the hearing, Simkanin’s new attorneys, thanked the throng of WTP court
watchers and told them how important their attendance was in insuring that
justice is done. “Next Step” WTP Stop Withholding Forms WTP has just released two new forms for workers to send to employers that refuse to honor the worker’s termination of their voluntary withholding agreement. Updated instructions are also now available. The new forms are for Workers and Independent Contractors and are intended to serve as constructive notice to the employer. The Forms are both titled “Final Notice and Demand to Cease and Desist, Demand for Payment and Demand for Production of Documents.” In addition, it is now possible to obtain a signed personalized letter from an attorney or CPA to send to your employer. Although WTP is not directly involved with the creation or offering of these opinion letters, significant discounts are being offered for WTP Congress members. (Note: WTP receives none of the proceeds for the opinion letters and have no contracts or other arrangements with providers of such letters.) Click here to request information about obtaining a professional opinion letter. The updated instructions for Workers suggest obtaining a customized attorney or CPA letter prior to filing the new Notice and Demand form. Correspondence emanating from an attorney and/or CPA allows your employer to understand that there are significant, bona fide legal issues in question and allows them the opportunity to instigate a more serious investigation of the matter and to initiate dialogues with their own tax and legal support personnel. The
WTP forms and instructions are available without charge. Please note that these forms are designed to help you enforce your full legal rights under US law regarding keeping your wages and salary. There are significant risks associated with asserting your rights against employers that routinely accept, and unquestioningly follow, the incorrect and largely unsubstantiated advice of their tax “professionals” and legal counsel. Be sure to insist that your employer require all statements and assertions made by such individuals to be made in writing and be backed by specific legal citations such as the laws, regulations and court cases cited in the WTP Forms. WTP is pleased to facilitate efforts to end the illegal and abusive withholding of earnings from the paychecks of America’s working men and women. These
“next step” recommendations are distinct and separate from the WTP Legal
Defense Association (LDA) initiative. We are still well short of the 10,000
applications needed before we can activate the WTP-LDA. Tax researcher Chris Hansen of San Diego, California has just issued two very important tools for fighting back the unlawful attempts at IRS to collect income taxes from ordinary Americans that they, under US law, do not owe. Both these tools are available for FREE. To combat the fraudulent and unlawful alteration of IRS taxpayer Individual Master Files (IMF), Hansen consulted with the top IMF “decoding” consultants and developed a comprehensive software system that allows individuals to enter data codes from their “encrypted” IMF files and de-code them instantly. The program is a Microsoft Access database and requires Access to execute. It is a comprehensive analysis tool that most anyone can use. It highlights probable areas of IRS fraud and details significant transactions to the files. Following his initial release of this software in late May, Hansen was notified by the DOJ that he was under criminal investigation by the IRS for operating an “abusive tax scheme” under IRC 6700. This manual was used by Chris in his meeting last week before IRS agents investigating his “tax scam.” The IRS clearly wants to shut down Hansen’s Family Guardian web site, deny him his 1st Amendment rights and prevent further spread of this site’s potent information detailing the income tax fraud. Hansen sells NO materials or services. All his information is FREE. Before the IRS Reform and Restructuring Act of 1998, the highly cryptic IRS files could not be deciphered due to the lack of publicly accessible decoding manuals documenting the IMF codes and their specific meanings. In other words, the government kept files on almost every “taxpayer” that could only be deciphered by selected IRS employees. Following the enactment of the Act, the closely protected IRS manuals became fair game for FOIA (Freedom of Information Act) requests and were eventually produced for the public. Hansen, who is a computer and network security expert, has essentially automated the entire file decoding process. His work has been based on decoding extremely complex IMF files and year-specific IMF coding keys. As WTP has documented irrefutably at both at the February, 2002 Truth-in-Taxation Hearing and at the April 2002 We The People press conference at the National Press Club in Washington, IRS agents routinely – and unlawfully – alter and tamper with IRS IMF computer files in order to get IRS software systems to process fabricated tax assessments in violation of US law. These phony assessments are then certified as valid and presented to US courts and also form the basis for further penalties and IRS collection actions. Any person can now FOIA to obtain and then decode their own IMF file. WTP cautions that even as comprehensive as Hansen’s tool is, challenges to IRS assessments, etc. may still require the assistance of professionals such as TPI’s Victoria Osborn who testified at the WTP hearing and press conference on IMF fraud. Click Here to get Chis Hansen’s FREE IMF decoder program
Click
Here
to access Chris Hansen’s overwhelming library of IRS related research and
documents. Much of this material is no longer available from other web
sites because the the IRS has shut them down. In his ongoing battle to defend all of our rights, last week Hansen also released his new (and free) “Tax Audit Defense Manual.” It is a how-to kit on defending yourself before the IRS and includes a substantial, well researched and well organized rebuttal to claims the IRS may have regarding alleged tax liabilities, tax crimes, etc. The manual is a concise digestion and further compilation of the most pointed legal materials from Hansen’s 3,000+ page IRS book, “The Great IRS Hoax,” which is also available from his website at no cost. Click Here for a FREE copy of the "Tax Audit Defense Manual."
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