6-25-03
Non-Withholding Employer Simkanin Freed !
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 jail where he has been held since last Friday morning after
being arrested and charged with violating 27 counts of 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.
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