]
[Attachment(s) from Frederick J Fox included below]
This just in...
Folks,
I just received this information which actually affects anyone who is
currently
working. It was a JURY DECISION that was issued on 12/15/2010, Today!!! Joe
Bannister was
found NOT GUILTY on all charges!!!!!
Here is the links to the story.
http://www.conspiracyplanet.com/channel.cfm?channelid=111&contentid=2357&page=1
and
http://www.conspiracyplanet.com/channel.cfm?channelid=111&contentid=2357&page=2
There is no LAW and no place in the IRS CODE that mandates it or that
anyone who you
work for is an EMPLOYER, per IRC Title 26 !!!!
******************************************************************************************************************
At approximately 2 p.m. December 15, 2010, on the 14th floor of the Federal
Court Building
in Sacramento, California, Joe Banister supporters got word that the judge had
received a
note from the jury and quickly moved from the hallway into the courtroom. He
announced that
the jury had reached a unanimous decision. The The trial began on Tuesday, June
14th.
The charges were:
1) Conspiracy to Defraud the United States and
2) Aiding and Abetting in the Preparation of False and Fraudulent
Returns.
The government alleged that Banister had impeded and impaired the
ascertainment,
assessment, and collection of tax, and that he had criminally conspired with Al
Thompson in
so doing.
The charges were related to Joe's association with Redding businessman,
Walter "Al"
Thompson, where Joe, as a CPA, prepared amended Form 1040X tax returns for
three tax years.
The returns were a calculated protest and every effort was made by Al and Joe
to adhere to
written and verbal guidance they sought and received from the IRS.
Key evidence in the trial were two video tapes. The first tape was
about 2 hours in
length had been filmed at Cencal Aviation, the business of Walter "Al"
Thompson, in July of
2000.
Mr. Thompson had researched the law and concluded that he was not an
"employer" as
defined within Title 26, the income tax code, nor was he required to withhold
money from the
paychecks of those who worked for him. He called this meeting so as to inform
his 25
employees of this decision to stop withholding from their paychecks, and
invited Joe
Banister, former IRS CID special agent, to assist him in communicating to the
employees.
Also in attendance was Mr. David Cay Johnson, 30 year veteran of
covering tax issues
and writing articles for the New York Times, whom he had invited only the day
before.
Of interest, was the fact that this tape was introduced into evidence
by the
government, not Mr. Banister. Viewing the content of the tape, which greatly
favored Mr.
Banister, one would question the judgment of the government.
What had happened in pre-trial wrangling was that the government had
lost their bid
to keep that piece of evidence out. In a strategy that is common for such
circumstances, the
government probably thought that they could do 2 things to try and minimize the
evidence: be
the one that introduced the evidence instead of the defense and do it early in
the trial so
that the jury might forget about it as the trial concluded.
Whatever it was, their strategy failed. The so-called "Cencal Aviation"
tape was
replayed for the jury during their deliberation after all evidence was in, and
in
post-verdict interviews, jurors who would consent to talk with us admitted that
this
evidence was extremely important in persuading the jury's decision for Mr.
Banister.
The second viewing was key in swinging the remaining 4-5 jurors who
still were not
voting to acquit. The tape covered a lot of ground but a partial summary is as
follows: Joe
Banister explained how he came to be employed by the IRS and what caused him to
have to
resign nearly 6 years later. He emphasized that he was not there to tell people
what to
think or what to do but merely to tell them what he learned and what he was
doing about his
discovery. "What he was doing" included asking the government to demonstrate
the error of
his analysis which started with the 95-page report he submitted to his
supervisor, Robert
Gorini, with the request that it go to the "top" for a response. The response
was
administrative leave and inevitable resignation and the reply that the
government would not
address his questions.
The other tape was a deposition of Banister's former manager, Robert
Gorini, in
Washington, D.C., who retired from the IRS in early 2000, less than a year
after Mr.
Banister resigned from the IRS by Banister's attorney, Jeffrey Dickstein.
Mr. Gorini had nothing but good things to say about Joe's character,
his work as a
criminal IRS investigator and many other areas. The very last question by
Dickstein was to
ask Gorini if he could name the law that required Mr. Banister to file income
tax returns
and pay income tax, to which Mr. Gorini replied that he could not. This tape
was a huge
credibility boost for Joe with the jury.
A key element in the charges was "willfulness" and the jury unanimously
concurred
that Joe, right or wrong in his beliefs about aspects of tax law
administration, truly
believed the things which caused him to resign.
A highly interesting item of a technical nature was concerning the
discussion on the
subject of Rule 29 of the Federal Rules of Criminal Procedure.
At the conclusion of the government's presentation of their case, the
defense moved
for dismissal of all charges and effectively and persuasively convinced the
judge that the
government had failed to make it's case, that is, it had failed to provide
evidence to prove
it's case that matched the charges against Banister.
It appeared that the judge was very tempted to dismiss and might very
well do so,
however, he ultimately displayed his unwillingness to allow the government to
be in a
position of losing with no chance of appeal. The judge knew this was a very
high-profile
case with potentially serious adverse effects for the government should it
lose. The
government's case was astoundingly weak and it was apparent that the proper
thing to do was
to dismiss charges. But that did not happen.
The defense began arguing early Friday morning and played the "Gorini"
deposition to
start. The judge gave a 15 minute recess and upon everyone's return, directed
Mr. Dickstein
proceed. Mr. Dickstein shocked everyone by quietly announcing, "Your Honor, the
defense
rests".
The judge stared at him for several seconds as if speechless. Finally,
he inquired
as to why Dickstein, knowing the calendar of events, had not given the court a
"heads up"
about this short defense and premature resting.
The judge knew that the defense was potentially going to present
witnesses and
expected Mr. Banister would probably testify on his own behalf. Now, with the
defense
suddenly and unexpected completed, there was a hole in the day's schedule. No
problem.
There were more "Rule 29" issues to discuss outside the presence of the
jury and the
all-important need to come to agreement on the subject of jury instructions.
The jury had
been dismissed until Tuesay morning so as to allow plenty of time to complete
business
before bringing the jury back.
Friday afternoon, June 17, had to be excruciatingly painful for the
government
attorney's. The jury instructions they presented to Judge Shubb were so poor
that he gave
them a severe tongue-lashing and pleaded with them, "help me out". While not in
the presence
of the jury, he said he would be embarrassed if he had to give those
instructions to the
jury. He also said, "I hope you have been humbled enough by my earlier comments
to become
motivated to do better."
Judge Shubb said many interesting, perhaps curious things during the
week. Once, he
uttered, "the law is uncattorney Dickstein softly suggested to the judge that
he should not
be certain". Another time he declared that no one reads the Internal Revenue
Code from cover
to cover and that anyone who claims to have done that should be in the
"nuthouse".
When so quick to believe that (implying that he has read the entire
Code), the judge
retorted that anyone claiming to have read the Code from cover to cover should
be placed in
an insane asylum. The judge, prone to temper tantrums and shouting when someone
displeased
him, all in all, was fair in the conduct of the trial, occasionally displaying
a sense of
humor. He saw two very skilled, well-prepared defense lawyers and his
disappointment in the
performance of the government attorneys was apparent at certain times.
Brilliant legal work by the law office of Robert Bernhoft was also key
in Mr.
Banister's acquittal. The trial lawyers, Robert Bernhoft, a Constitution Party
member from
Wisconsin, and Mr. Jeffrey Dickstein, a seasoned lawyer well-versed in criminal
tax defense,
recognized the complete lack of evidence to support the government's case and
wisely decided
that it would add nothing to have witnesses and Banister testify.
In any event, they felt they were well positioned should the need to
appeal later
come into play. I am certain that the government was counting on the
opportunity to bolster
their weak case by being able to fish around with Mr. Banister on the stand.
It didn't happen and the two video tapes entered into evidence
overwhelmingly
portrayed Banister as credible, honest, intelligent, sincere, honorable, and
believable.
Mr. Banister's courtroom supporters were numerous. He enjoyed the
comfort of many
family members, as well as supporters who travelled from as far away as Georgia
and Florida,
and have come to see him as a patriot and hero for his courageous stand. Mr.
Banister and
his family have felt the stress of Joe having to prepare for hisdefense and
found great joy
and relief at the news of his aquittal.
Joseph Banister's efforts to get the government to answer his concerns
and questions
about the income tax include several trips to the nation's capital, where he
has often been
accompanied by many others who hold simiar views, including former IRS revenue
agent Sherry
Jackson and former IRS revenue officer John Turner. He is a plaintiff in a
class-action
lawsuit, which has been organized by Robert Schulz, founder of "We The People
Foundation for
Constitutional Education, Inc.", of Queensbury, New York (MailScanner has
detected a
possible fraud attempt from "by145w.bay145.mail.live.com" claiming to be
www.givemeliberty.org).
"The care of human life and happiness, and not their destruction, is
the first and
and only legitimate object of good government."-- Thomas Jefferson
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