Dave Miner prosecuted for tax crimes - Update

[Bob Hurt]

-------- Original Message --------

Subject:	New Update
Date:	Sat, 23 Mar 2013 18:58:41 -0400
From:	Dave Miner <Dave....@FreedomSite.net>
Reply-To:	<Dave....@FreedomSite.net>
Organization:	Blue Ridge Group
To:	Dave Miner <DMi...@FreedomSite.net>

Dear Family and Friends --

 

As always, I am sending this to my email address and creating a blind carbon copy (bcc) for each of you to protect your privacy.

 

I have added a few people to my list for this update, so for their benefit I will give a brief history.

 

In December of 2010, the Department of Justice filed a civil lawsuit against me to stop me from helping people fight the IRS.  In March of 2011, the DOJ filed a second case against me, this time a criminal case, to put me in jail for doing what the civil case accuses me of doing.  I am in the process of fighting the criminal case.  I started with a court-appointed attorney who did nothing for 6 months but file extensions to have the case delayed.  Initially, he was polite but totally refused to use any of my arguments or materials, even though he admitted he had never tried a tax case, not even sitting in to watch one, in his 20-some years of being an attorney.  Finally, he called me and admitted he had got around to reading my materials and told me he had concluded that I was right on everything and that he believed I would win.  The next week I received a notice from the court informing me that my attorney had retired from practicing law and that another public defender had been appointed in his stead.

 

My new attorney called me and informed me that she would be using none of my arguments or materials because they "all consistently lose in court."  I pointed out that I have spent dozens of hours researching these issues and could not find one case in the hundreds of cases I had reviewed where even one of my arguments had lost in court.  She informed me that she was the attorney and that her views would control my defense.  I told her that "You are the attorney and that you know more about court procedure than I will ever learn.  But I am the expert on tax law and tax procedures, since you have never tried a tax case or studied tax law and tax procedures.  You are the attorney but that does not mean you are always right."  The relationship went from bad to worse after that.  I finally arranged to have Larry Becraft, the best known, and possibly the best, defense attorney on tax cases.  He agreed to take my case based on my promise to pay his fees as quickly as possible.  I am doing my best to pay him, and succeeding only somewhat.  Since I am not keeping to the aggressive payment schedule, I am hoping he will continue to represent me anyway.  If he does not, then it will be my fault for not paying his fees.

 

The civil case has been "administratively closed" since the criminal case was filed.  I was fighting the civil case by myself, called "pro se" for those of you unfamiliar with legal terminology.

 

The criminal case opened this past Tuesday. I am accused of 2 counts of willful failure to file (I haven't filed in 22 years...), and one count of corruptly impeding the IRS in its lawful role of collecting taxes from people.  If convicted, I can be put in federal prison for as much as 7 years, and fined several hundred thousand dollars.   Obviously, the judge can sentence me to less time in prison and less fines, but so far we have not been able to get a feel for the judge's views or inclination.

 

I sat through several days of testimony (this past Tuesday through Friday) with the prosecution trying to paint me as a really bad and dishonest man offering services that I knew were totally ineffective.  A question we will bring up sometime this next week is, "If I was unsuccessful in helping people fight the IRS, then how can I be accused of impeding the IRS?"

 

So far, there has been no testimony as to my being required to file.  The prosecution and its witnesses have been focused on actions I have done that could be construed as impeding the IRS.  Again, so far, the prosecution has not presented any testimony that I have ACTUALLY impeded, only that actions on my part COULD have impeded the IRS.  And we are part way through the last prosecution witness, so they better get to it or they will end prosecution testimony having presented no proof that I have, in fact, impeded the IRS.

 

We have only one witness for the defense, and that is me.  It looks like I will take the stand sometime this coming Monday afternoon.  I will probably testify Monday and Tuesday, with the jury retreating to deliberate on Wednesday.  The case MIGHT be concluded Wednesday or, more probably, on Thursday.

 

The trial is in Knoxville, TN but I am currently in Huntsville, AL where Larry Becraft lives.  We are taking the weekend to prepare my testimony, and I am taking a break from the work to send an update to my family and friends.  Hopefully, the next thing you will hear from me is an email announcing that I have won my case.

 

I don't know what more to say, except that I am now and have been all along confident that I have broken no laws, and that I have encouraged no one else to break any laws, and that the jury will see that.  The prosecution has to prove that I believed I was violating the tax laws and that I did it anyway.  It is my INTENT that is the only thing on trial, not what the actual laws state.  My position was and is that my INTENT was to help people slow or stop the IRS from violating the tax laws and its own regulations.

 

I have not consulted my attorney on this post, so I don't want to say anything ore than this.  But I have attached a document that explains in a nutshell my views and position.

 

For those of you that pray, please pray that the jury believes me rather than the prosecution.

 

Yours in financial freedom,

 

Dave Miner

www.IRx-Solutions.com

 

"There is no section of the Internal Revenue Code or its enabling Regulations that requires me, an individual American NOT involved in a revenue-taxable activity, to file a Form 1040 or pay an income tax."