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Dead Constitution See other Dead Constitution Articles Title: Larken Rose Conviction Dear Friends: It is with great sadness that I report Larken Rose was convicted of 5 misdemeanor counts of willful failure to file federal income tax returns yesterday (Friday, August 12, 2005). It is my understanding that the jury deliberated for less than an hour, which it seems to me would make it impossible to sincerely review the evidence in a trial that spanned approximately four days. As you may recall, the jury in my trial deliberated for approximately 2 days. Jurors who spoke to me after my trial said they were careful to review all of the evidence so that a fair verdict could be reached. When one considers that (1) there are millions of Americans who do not file federal income tax returns (by the IRS's own admission), and (2) the likelihood that many of those millions have not spent even 5 minutes researching the statutes and regulations regarding return filing requirements, one must conclude that it is incredibly unjust to target a man and wife who did not stop filing returns due to procrastination or a desire to cheat on taxes by joining the "underground economy" but rather because their thousands of hours of research indicated that they may not have a federal return filing requirement and they thought their fellow Americans and government officials needed to be exposed to such research. A "criminal" worthy of prosecution in the eyes of the IRS is a man who spent thousands of hours researching seemingly endless statutes, regulations, court cases, and IRS literature, asking questions of appropriate authorities, seeking comment from his fellow citizens, and publicizing his efforts. Prosecutors routinely and deceitfully mischaracterize to unsuspecting jurors that conducting thousands of hours of research and outreach is but one of many "schemes" on the smorgasbord of "schemes" available. Funny, I don't recall ever seeing "criminal" types at the law library or handing out free research reports. Despite Larken's own difficulties and time constraints in preparing for his trial, he took the time to send out a message to his email list requesting donations be sent to me and my family to help us diminish the impact of many weeks of lost "breadwinning". Within a few days, many from Larken's list sent donations to help me and my family. Given that both spouses were accused, and given Larken's trial results, Larken and his family will need our help. Please consider sending a donation to Larken to help him shoulder his burdens. Make checks payable to "Larken Rose" or "Tessa David Rose" and mail to 758 Huntingdon Pike, Hollywood, Pennsylvania 19046. There are a couple of websites I know of where information from those who actually witnessed Larken's trial have posted their comments - http://www.dougkenline.blogspot.com and http://triallogs.blogspot.com . ****************************************************************** -For those who have received this message as a forward from someone else, you can sign up to receive these messages directly by visiting www.freedomabovefortune.com and clicking on "Mailing List". -For those who are unfamiliar with what has transpired to date in this case, especially the recent acquittal on all charges leveled against me, please visit http://www.ninehundred.net/banister/ , www.joebanister.blogspot.com and www.freedomabovefortune.com (click on "IRS LOCKOUT UPDATE"). You can also find archives of informative radio shows at www.hearliberty.com . -I am still accepting contributions to my legal defense fund due to the significant costs of defending against multiple IRS attacks. Checks or money orders are gratefully accepted and can be made payable to "Joseph Banister Legal Defense Fund", and mailed to P.O. Box 90239, San Jose, California 95109-4239. Money orders may provide a greater degree of privacy to the donor than checks so use your own discretion based on the degree of privacy you desire. -My sincere thanks to those who have prayed for the success of our efforts and contributed to my defense fund. Your continued financial support is enabling me to illustrate, in detail and in a very public manner, that the IRS does not prevail against citizens because the agency adheres to the rule of law, but that the IRS prevails against citizens because the agency ignores the law, twists the meaning of the law, and overwhelms the citizen with economic and legal burdens. In a school yard, such tactics are called "BULLYING". In a government setting, such tactics are called "TYRANNY". This effort is the equivalent of ganging up on the bully and sending him to reform school where he belongs. ****************************************************************** Kind regards, Joseph R. (Joe) Banister, C.P.A. Former IRS Criminal Investigation Division Special Agent www.freedomabovefortune.com www.joebanister.blogspot.com
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