4-30-04
Simkanin Sentenced: 84 Months
Judge McBryde Doubles Recommended Sentence
Appeal Underway –
Your Help Needed
Texas business owner, loyal American,
loving husband and political prisoner Richard M. Simkanin was sentenced
today to 84 months following his January conviction for willful failure
to withhold and willful failure to file “income”
taxes.
After several hours of legal wrestling
related to findings and recommendations included in Simkanin's
pre-sentencing report, USDC Judge John McBryde imposed the sentence that
is approximately double what was indicated by the “point
system” criteria utilized in the
federal sentencing guidelines.
During the day, McBryde also sentenced two other individuals on federal
charges including a bank robber and a wife-beating firearms dealer.
Their combined sentences were less than half that received by
Simkanin.
Although arguably unreasonable given the
circumstances of his “crimes”,
the upward departure from the sentencing guidelines was not unexpected
given McBryde's well documented history of judicial abuses on the
federal bench, his collusion with the DOJ and IRS, and his determination
to direct a guilty verdict.
Simkanin’s legal contentions include the following:
-
He had been
misled to believe that people had to supply him with a social
security number before they could be allowed to work for him,
which is not true.
-
He had been
misled to believe that his workers were compelled to submit a
federal W-4 withholding certificate in order to work for him,
which is not true.
-
He had been
misled to believe that neither his company, nor his workers could
terminate a W-4 withholding certificate, which is not true.
-
He had been
misled to believe that his workers fit the definition of “employee”
under the internal revenue laws, which is not true.
-
He had been
misled to believe that his company was a “withholding agent,” under
the internal revenue code, which is not true.
-
He had been
misled to believe that his personal earnings as well as the earnings
of his workers were taxable under the internal revenue laws,
which is not true.
-
He had been
misled to believe that his company was required to make returns or
statements of payments to his workers, which is not true.
-
He had been
misled to believe that his workers were compelled to participate in
the Social Security entitlement program, which is not true.
-
He had been misled to
believe that the internal revenue laws define what is meant by “income”
which is not true.
Simkanin's primary contention is that he is NOT, and CANNOT be under our
Constitution, an “employer” as legally defined by the Internal Revenue
Code, and therefore is NOT under a legal duty to withhold or file for
his “employees”. The legal definitions as defined in the Internal
Revenue Code statutes are as follows:
26 USC 3401(d):
c) Employee
For purposes of this chapter, the term ''employee'' includes an
officer, employee, or elected official of the United States, a
State, or any political subdivision thereof, or the District of
Columbia, or any agency or instrumentality of any one or more of
the foregoing. The term ''employee'' also includes an officer of a
corporation.
(d) Employer
For purposes of this chapter, the term ''employer'' means the
person for whom an individual performs or performed any service, of
whatever nature, as the employee of such person[...]
Simkanin's legal battle involved multiple Grand Jury presentments, a
November 2003 hung jury and re-trial, the denial of bail to Simkanin
(who had no criminal record), a non-public voir dire proceeding,
the sealing and alteration of trial transcripts and the well-documented
denial of due process during the trial.
The most telling proofs of judicial
manipulation were McBryde's improper directed findings of critical facts
to the jury (e.g., that Simkanin was an employer liable to
withhold), ruling that Simkanin could not enter a single piece of paper
as defense evidence and McBryde's repeated quashing of testimony when he
(Simkanin) attempted to put on a defense by explaining the content of
the Constitution’s taxing clauses
and the content of federal tax law and how he relied on the words of the
law to determine his actions.
Appeal: Your Help
Needed
Simkanin has tentatively selected Houston attorney Clay Conrad to craft
his appeal and defend him through the appeal process. Conrad is chairman
of the nationwide organization FIJA, Fully Informed Jury Association,
and has significant experience in federal criminal appeals.
The appeal process, including Conrad's
retainer and expenses for transcripts, etc., and
the assistance of co-counsel is anticipated to cost a minimum of
$40,000.
As of today, Simkanin’s
Legal Defense Fund is short approximately $18,000 of that minimum.
If significantly more than the minimum needed can be quickly
raised (for approximately $70,000 total), Simkanin could consider an
alternate, even more experienced legal team that would increase the
chances of his acquittal still further.
We
ask everyone to rally around Simkanin and please consider a significant
donation so that the appeal
process can move forward and we can reverse this unjust prosecution that
has destroyed a successful business, a loving family and is now intent
on sending an innocent American to prison.
As repugnant
as Simkanin's wrongful prosecution has been, the record for appeal is
clear: the law is on Simkanin's side and the District Court committed
(and allowed) egregious acts denying Simkanin Due Process. A reversal of
his conviction in the 5th Circuit Court of Appeals would be a
significant, newsworthy blow to those that are attempting to use
Simkanin to instill terror among the People, perpetuate the income tax
fraud and destroy our Constitutional Republic.
Please help. The time is now.
Donations can be made by on-line or by mail by
clicking
here.
Please indicate in the space provided that your funds are for Simkanin.
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