The Income Tax Gulag
What Happened in Vegas
Must End In Vegas
77-Year Old Schiff Being Tortured
With Chain Shackles, Mistreatment
Imagine writing a book containing information so offensive and damaging to the
government that the government prosecutes you for running a fraudulent tax
shelter and the book is subsequently banned by a federal judge - without the
government ever citing a single sentence that is false, misleading or
fraudulent.
Imagine having your business raided and records seized using a court-sanctioned
search warrant that fails to aver any specific law that you have violated.
Imagine the raid is conducted by a platoon of well-armed federal officers that
have no delegated or statutory authority to conduct such a seizure.
Imagine then being indicted for allegedly committing more than a dozen federal
tax crimes each of which is predicated upon a crucial, but erroneous, legal
presumption that direct, un-apportioned taxes on the labor of individuals have
in fact, been legally imposed and that the governments prosecution is allowed
to proceed without it ever having to establish for the legal record or prove
before the jury that such a law exists even though the Supreme Court has
ruled it must.
Imagine filing more than a dozen legal motions over 18 months seeking to
dismiss the charges for lack of jurisdiction, each one citing specific U.S.
statutes and Supreme Court decisions leading to irrefutable legal conclusions
requiring dismissal, only to have the government respond without substance that
the motions are frivolous" and then have the court delay its denial of the
motions until just hours before the trial begins in order to prevent any
appeal.
Imagine a trial where you are not allowed to question your accusers about the
law or present evidence about the law, even though what the law actually says
is the only question before the court and your entire defense is based on what
the law actually says.
Imagine a trial where one morning, you witness the U.S. Attorneys emerging
from a secret, ex-parte meeting in the judges chambers about which you and
your attorneys have no knowledge or notice and you have no idea what they
discussed.
Imagine a trial where the judge refuses to allow any defense witness to
testify as to material facts regarding the criminal charges.
Imagine a judge imposing contempt of court charges totaling years of
incarceration for attempting to talk about the law during witness questioning.
Imagine a trial where the judge who claims to be the sole authority and
arbiter of the law deliberately (and repeatedly) misrepresents the law and
even misquotes the words of the law in order to deceive the jury.
Imagine a trial in which during jury deliberations, the judge denies a
specific request from the jury to examine the Internal Revenue Code which had
already been admitted into evidence because, the Judge said, providing the
jury with a copy of the law would be problematic.
Imagine sitting as a defendant in a criminal "trial", facing a virtual sentence
of imprisonment until death, and the final words spoken by the U.S. Attorney to
the jurors are, You are breaking the law if you find the defendants not
guilty.
Imagine as a 77-year old, non-violent citizen, in frail health being
incarcerated and denied any bail or medical treatment and being bound in chain
shackles all for being a tax protester while violent criminals remain free
on bail and walk the jail unrestrained.
The Gulag Is Real
All this and more has transpired since September 12 during the criminal trial
of 78-year old tax-protester Irwin Schiff and his co-defendants, Cindy Neun and
Larry Cohen. On October 24th, at approx. 2:00pm, Schiff and the co-defendants
were convicted of virtually all of the charges. Irwin is currently being held
in a Las Vegas city jail and Cindy in a federal detention facility in the area.
As previously detailed by the WTP Foundation, these patriots were charged with
tax crimes stemming from their consulting activities related to Schiffs
best-selling (and now banned) book, The Federal Mafia: How the Government
Illegally Imposes and Unlawfully Collects Income Taxes".
In his book, Schiff provides evidence consisting of key U.S. tax statutes and
Supreme Court decisions that enable people to legally assert their income is
zero (0) because the high Court has repeatedly, and consistently, defined the
legal term income (as used in the Internal Revenue statutes) as a corporate
profit or gain upon which an excise tax applies and further, that there is no
law that actually creates any legal liability for the payment of income taxes.
Indeed, as reported by trial observers who took copious notes during the
proceedings, the draconian bias and denial of Due Process exhibited by the U.S.
District Court Judge Kent Dawson was so blatant and outrageous it can leave but
one conclusion:
Those that challenge this nations tax laws will be treated as enemies of the
state, they will be ruthlessly prosecuted as political criminals and they will
find no safe-harbor in the protections of the Constitution, the written laws of
the nation, or most alarmingly, the federal judiciary.
In short, the Internal Revenue Code has become the tool by which our public
servants now control our nation and order its most dangerous political
dissidents those that openly demand to be shown its authority to tax -- to
suffer the U.S. Gulag.
Inside The Gulag
During the months leading to the trial, Schiff filed a number of concise and
condemning legal motions attacking the jurisdiction of the government to bring
the charges against Schiff or submit him to a criminal tax trial. (Links to
those filings can be found at the bottom of this article)
Although we encourage every reader of this article to read all of his court
filings, Schiffs 13-page (July 2005) pre-trial Motion to Dismiss concisely
explains and exposes the core of the judicial tyranny leading to Schiffs
convictions. (see below for a link to the Exhibits)
In its legal responses, the Department of Justice failed to refute or rebut the
substance of any of Schiffs citations of law or Supreme Court decisions, and
instead merely parroted Schiffs legal conclusions, characterizing them as
frivolous.
Just hours before the trial started, the Court, in the persona of Judge Kent
Dawson, denied the motions without substantive explanation or discussion,
effectively robbing Schiff of the opportunity to timely appeal Dawsons rulings
on the critical Due Process issue of jurisdiction.
Federal Courthouse, Las Vegas
Unfortunately, it would be during the trial itself that Schiff and the other
defendants would suffer the full despotism of the Court.
During the trial proceedings, a large number of highly questionable rulings
were made by Dawson including that Schiff could not talk about the law, could
not question government agents about their authority, could not present any
defense witnesses to testify about relevant and material facts, and required
Schiff, who was representing himself, to submit questions in advance to the
judge detailing what he intended to ask government witnesses.
Neuns attorney, Michael Cristalli, a well experienced criminal defense
attorney, remarked during the trial, I have never seen anything like this.
They are preventing us from building a record. We are not being allowed to put
on a defense.
The following is a single example of blind justice suffered in Dawsons
courtroom:
One line of questioning by Irwin focused on the governments failure to provide
the Defendants with formal, legal Notice, prior to any criminal investigations
and indictments, that the Defendants were violating federal tax laws. It is
common knowledge that citizens have a Due Process right to such formal Notice.
In response, the government claimed that Schiff had been served legal Notice
of the law and of his alleged criminal acts because Schiff had a copy of the
government's CRS Report, Frequently Asked Questions Concerning the Federal
Income Tax the in the offices of his business, Freedom Books, when it was
raided by IRS agents in 2003.,
During cross-examination of government witnesses, Schiff established that aside
from the CRS report, the government presented NO other evidence showing that
the Due Process requirement for legal Notice had been satisfied.
Unfortunately for the government, not only is the CRS Report nothing more
than the opinion of one man -- a mere staff attorney -- working for the
Congressional Research Service (i.e., one mans opinion of the law), the
document does not indicate that it constitutes any legal notice. The Report
merely attempts to debunk certain tax protester arguments.
Noteworthy, however, is the fact that the Report does correctly state, (and as
the Supreme Court has repeatedly ruled) that the income tax is an indirect,
excise tax.
In another Motion to Dismiss following the presentation of the governments
case, Schiff argued that if the CRS report is correct and constitutes legal
notice, the case must be dismissed, because the governments entire legal
theory is premised upon the legal presumption that the 16th Amendment allegedly
gives it the authority to impose a direct, un-apportioned tax (directly) upon
the wages of American workers.
Schiff argued that if the CRS report constituted formal legal Notice to him
as the criminal defendant, then the report should also constitute legal
Notice to the Court, that the income tax is an excise tax i.e., not a
direct tax and therefore, Schiff could not be charged with the alleged
crimes.
Without any explanation, the judge simply denied Schiffs motion.
Click here to see a version of the CRS report including
rebuttals of the government's legal assertions regarding the income tax. (873
KB)
Schiff: The Judge is a Criminal
Just before he was convicted and incarcerated, Schiff penned a partial but
detailed review of some of the injustices he suffered at the hand of Judge
Dawson during the trial. He had apparently intended to use the document as part
of a court filing.
The document reviews the criminal denial of Due Process Judge Dawson committed
during the trial and the inability of Schiff to put forth his defense.
The Exhibit referred to in Schiffs document conclusively establishes that the
IRS Criminal Investigation Division (CID), is only authorized to enforce
criminal income tax statutes outside the borders of the United States and that
IRS pocket commissions that authorize enforcement actions are only applicable
to
Subtitle E taxes pertaining to liquor, tobacco and firearms.
Also provided is a comparison Schiff constructed for use in arguing jury
instructions which contrasts the 1939 tax code and the subsequent 1954 code.
In the extracts from the tax statutes, one can see where in 1954, Congress
removed all references in Section 61 regarding taxing wages and salaries and
also removed the language from Section 1 which specifically referenced
collection and payment of the income tax.
Schiff has contended that in 1954, Congress brought the tax code into full
compliance with the Constitution and previous Supreme Court rulings regarding
the income tax when it explicitly deleted the language taxing wages and
salaries and the language imposing the liability for the tax, essentially
making its assessment and payment voluntary.
Schiff Being Tortured
& Mistreated
Irwin Schiff and Cindy Neun and Larry Cohen have been convicted of
non-violent, white collar financial crimes against the federal government.
They have hurt no one.
They have suffered at the hands of a despotic federal judge who did everything
he could ethical or not -- legal or not -- to insure their conviction.
These brave Americans peacefully and respectfully challenged the governments
taxing authority, putting forth irrefutable legal positions and evidence that
remain un-rebutted to this day despite a lengthy criminal trial and a jurys
vote to convict and sentence them.
Irwin Schiff and Cindy Neun, remain behind bars, denied both bail and humane
treatment even while they seek the protection of the appellate court to
correct this grievous, unjust wrong.
Beyond the disgrace of an abusive prosecution and failed judicial process,
Cindy and Irwin now face the horror of jail, with special treatment being
doled out for their status as political tax prisoners.
They have entered the American Gulag.
One of the first people to visit Schiff since his incarceration was radio
reporter Mike Golden. Mike visited Schiff Saturday evening at the Las Vegas
city jail.
Golden reported that 78-year old Schiff appeared almost ready to collapse, that
he was in immediate need of medical attention that was not being provided, and
that he was being held in locked chain shackles despite the fact that no other
prisoner was.
Schiff reported he was running a high fever and that he was denied a second
blanket in the 55 degree jail cell. Schiff had earlier reported he was being
forced to attempt to sleep on a one-inch thick mattress and had been denied a
pillow.
Golden reported that Schiff appeared unstable and partially disassociated, and
could not put on the telephone headset used to talk through the glass to jail
visitors, even after having one hand unlocked by a jailer. At one point,
Schiff, whos never at a loss for words, could barely remain seated on his
stool and could not form a cohesive response to questions posed by Golden.
Schiff currently without counsel, is being denied access to a law library and
has only a 2-inch pencil available for his use. Golden reports from
conversations with Cindy Neun that she is being locked full-time in
leg-shackles, has no paper available for her use, and is being denied the
medication she takes to combat debilitating pain from a previous back injury
and surgery.
We urge all our supporters to listen to the disturbing audio blog report of
Goldens visit to the Las Vegas city jail to see Schiff, and the jailhouse
phone calls with Cindy Neun pleading for support.
Go to www.triallogs.blogspot.com and listen to the 10/30/2005 audio posting at
1:34 AM by Mike Golden.
Cindys phone calls from the jail were on 10/28 at 6:58 PM and on 10/30 at
10:55 PM. Additional postings are being made daily.
What Does A Free Person(s) Do?
What does a free People do now, given the current facts and circumstances and
the menacing indications of the loss of liberty in America?
That is the question weighing heavily on those of us at WTP. Bob Schulz intends
to address the issue when he speaks at the 2005 Atlanta Freedom Conference on
November 13, 2005.
What happened in Vegas last week and in Fort Worth last year with Dick Simkanin
must be confronted. In the shadows of Stalin, Pol Pot, Mao and Hitler, innocent
Americans are being wrongfully harassed, bankrupted, prosecuted, jailed and
tortured in the cogs of the administrative, judicial and corrections systems of
our servant government.
The path to the unthinkable is shorter than most realize. We the People must
act decisively or the events of Las Vegas will continue to grow as a cancer on
the Republic until it will no longer be possible to peacefully restore the
Constitution, self-government and the fundamental Freedoms which had been
Divinely bestowed upon us.
Irwin can be reached by mail at:
Irwin Schiff
C\O Las Vegas Detention Center
3200 Stuart Ave
Las Vegas, Nevada, 89101 (do not send $ to this address)
Cindy can be reached by mail at:
274586 Cynthia Neun
2332 Las Vegas Blvd. N. Suite 200
North Las Vegas, NV 98030 (do not send $ to this address)
Story Related Links
Please note some of these documents are large .pdf files.
Please RIGHT-click to save them to your computer before
attempting to open them.
Schiff: Dawson's Criminal character click here and the Exhibits
Comparison of IRC excerpts, 1939 tax code and the 1954 code.
Schiff Motion to Dismiss Jul-05 52 KB and EXHIBITS, Motion to Dismiss Jul-05
1.8 MB
Govt/DOJ Response to Schiff's MTD Jul-05.pdf 262 KB
Schiff Motion to Dismiss May-05.pdf 35 KB
IRS's Response to Schiff's May-05 MTD 106 KB
Schiff's Reply to IRS Opposition May-05 25 KB
2003 Injunction Order banning Schiff's book and free speech 4.1 MB
For more of Schiff's legal documents and to access
his audio archives, please visit his website:
www.PayNoIncomeTax.com
Non-withholding employer Dick Simkanin:
Convicted by Judicial Tyranny, Ft. Worth, Jan. 2004
Click here to see a version of the CRS report including
rebuttals of the government's legal assertions regarding the income tax. (873
KB)
Sign outside Schiff's Las Vegas office building
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