11-26-03
Employer Simkanin Prosecution Ends in Mistrial
Judge
Stymies Both Jury & Defense
DOJ Intends to Retry Simkanin ASAP
Jury Hung at 10-2 Favoring Acquittal
After almost 6 months of incarceration in isolation awaiting his federal
trial, non-withholding employer Dick Simkanin’s trial ended this evening
in a mistrial after the jury was unable to reach a verdict on federal
charges that Simkanin failed to Withhold taxes from his employees.
Simkanin, a successful
Bedford,
Texas
business owner, had been charged with 12 counts of Willful Failure to
Withhold employment taxes for his employees and 15 counts of filing
False Claims for requesting refunds of tax pre-payments that had been
made by Simkanin on behalf of those employees.
Facing years in federal prison, his trial lasted only hours, beginning
and ending yesterday – largely because the Court denied Simkanin the
opportunity present any expert defense witnesses or legal evidence
regarding the contested legal obligations under US income tax statutes.
Jury deliberations started this morning and the mistrial was declared
around 6 PM Central time. A report from a source close to the Simkanin
team was that the jury hung 10-2 in favor of acquittal.
(continued...)
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