DOJ Files for Civil Injunction Against Save-A-Patriot Fellowship May, 14, 2005
The below article has been posted at the Department of Justice website reporting that the DOJ has filed a civil injunction against Save-A-Patriot Fellowship. The DOJ last attempted to do so 12 years ago with a raid and a failed attempt to bring criminal charges against SAPF's founder and fiduciary, John Kotmair. My further notes follow:
From: http://www.usdoj.gov/opa/pr/2005/May/05_tax_262.htm
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JUSTICE DEPARTMENT SUES TO STOP MARYLAND MAN FROM SELLING ALLEGED TAX-FRAUD SCHEMES
Westminster Man Accused Of Offering Customers Financial Incentives To Violate Federal Tax Laws
WASHINGTON, D.C. - The Justice Department today asked a federal court to bar John Baptist Kotmair, Jr., of Westminster, Maryland, and his organization, “Save-a-Patriot Fellowship,” from selling alleged tax-fraud schemes. The civil injunction suit, filed in Baltimore, also seeks an order directing Kotmair and Save-a-Patriot to give the Justice Department their customers’ names, mailing and e-mail addresses, and telephone and Social Security numbers.
The government’s complaint alleges that Kotmair, Save-a-Patriot, and National Workers Rights Committee (a division of Save-a-Patriot) falsely advise their customers-whom they charge upwards of $99 a year-that they are not required to pay federal taxes or file federal tax returns. Such arguments repeatedly have been rejected by courts across the country. The government alleges that they offer to prepare and file bankruptcy petitions and other court papers for customers in order to obstruct IRS law-enforcement efforts. In addition, the suit claims that Kotmair and Save-a-Patriot encourage and help members to violate tax laws by offering “insurance-like protection” for customers whose conduct results in tax-collection efforts or criminal convictions.
“People who sell tax scams enrich themselves at the expense of their customers and law-abiding Americans who pay taxes,” said Eileen J. O’Connor, Assistant Attorney General for the Justice Department’s Tax Division. “The Justice Department and the Internal Revenue Service are working vigorously to stop the promotion of tax fraud.”
This case is part of the Justice Department’s initiative to stop the promotion of tax-fraud schemes. Information about cases involved in this initiative is available at . Frivolous tax arguments are near the top of the IRS’s list of the Dirty Dozen tax scams, the full list of which is available at [http://www.irs.gov/newsroom/article/0,,id=136337,00.html]. Information about the Tax Division is available at [http://www.usdoj.gov/tax/index.html].
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Within recent memory the DOJ has taken an increasingly hostile action against many organizations and people taking various positions on the tax laws the IRS finds distasteful, particularly those views shared by the United States Supreme Court in regards to the nature of the income tax as decreed within the US Constitution. SAPF, founded in 1984, was established primarily as a means of promoting education about the tax laws and, for those members who suffer unlawful seizures of funds and property to the IRS, an insurance-like means whereby members support one another. That is, when a member suffers a loss, each of the entire membership contributes a few bucks to that person so they are able to continue on. It really is an excellent program.
The apparent suit filed by DOJ is a civil suit, not a criminal suit. The DOJ is in no way attempting to prove John Kotmair or anyone connected with SAPF has engaged in any criminal activity whatsoever. One of the likely reasons for this is they tried to allege criminal activity in 1993 which coincided with a raid on the SAPF office and home of John Kotmair. That was botched through John Kotmair avoiding their expected indictment by a grand jury the day before the raid. Related criminal charges connected to the operation of SAPF were dismissed in the trial court, and though appealed, was later withdrawn when the IRS/DOJ moved to dismiss their own case "with prejudice", which means such charges could never be alleged again at a future date. Normally receiving such a dismissal is a bit of a slap in the face by a court against prosecuters, but in this case, the prosecutors requested it.
All materials seized by the government from SAPF during the 1993 raid was returned. To this day visitors to the fellowship can read the government stickers put on the filing cabinets during the raid.
This time, our beloved government which we are told to believe is protecting freedom, is attacking the fellowship through civil, not criminal, proceedings which has the advantage of requiring much less proof of any wrongdoing.
I could give my own response to the allegations listed, but will first defer to John Kotmair and fellowship. I know John Kotmair personally and it is his nature to fight this to the end. Should the DOJ win this suit and have the requested order issued, it would mean violation of the order could lead to criminal action. If the DOJ loses, then things go on as before. Unfortunately, the government has endless resources to file for such injunctions, paying all those involved salaries to do so, while those targeted by them need to defend themselves on their own dime and time.
Those interested may choose to tune in to libertyfeed.com at 8 PM Eastern time, Saturday May 14 to listen to SAPF's weekly meeting where this development may be discussed.
More to come.
Neil McIver
www.cjmciver.org
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