Wednesday, January 30, 2008

Snipes Jury Taxed with Deliberations (E! Online)

Los Angeles (E! Online) - He may never have gotten the chance to take the stand, but thats not stopping Wesley Snipes from speaking out in his own defense.

Just as the jury in his federal tax-evasion trial began its deliberations, the former Blade star issued a verdict of his own, denying not only the eight counts of tax fraud, conspiracy and failure to file returns lobbed against him by the Internal Revenue Service, but also any insinuation of misbehavior.

Ive always been paying my taxes, Snipes said in his first official statement since the trial kicked off. The question is if they tell you what youre supposed to do. We need to go to our government and get clear answers.

The 45-year-olds comments came after closing arguments concluded.

During their wrap-up, Snipes attorneys argued that the actors attempt to get out of paying taxes for more than $58 million over five years may have been kooky, crazy, dead wrong and simply without merit--yes, this was Snipes defense team talking--they implored the jury to understand that no merit does not equal fraud.

Robert E. Barnes said in his closing argument that Snipes neither defrauded nor conspired against the IRS as there was full, open disclosure as to the actors aversion to paying taxes and therefore no fraud, no deceit.

Barnes further argued that instead of full-on failure to pay his taxes, Snipes was merely attempting to engage the government in a conversation about what portion of his income--that earned domestically and abroad--warranted taxing.

Disagreement with the IRS is not fraud of the IRS, is not deception, Barnes said. It was an attempt to engage the IRS, to go through the IRS procedures and processes and see whos right.

Some of Snipes more questionable attempts to engage the government include sending the IRS a 600-page document calling himself a nontaxpayer and asking that the government not force him and others into complying with laws they clearly are not subject to.

The prosecution called the document gibberish.

Snipes also sent the IRS bills of exchange along with a payment coupon for his taxes, though Barnes said the non legal tender vouchers were not intended as payment of taxes, despite the fact that they were enclosed with a bill for $14 million. Barnes said that the amount paid space on the coupons had intentionally been left blank.

The prosecution countered by asking why Snipes would bother sending the phony payment coupons if he was simply engaging in conversation and truly believed he was not liable to pay.

It may have been protest, Barnes told the jury. Protest is not criminal. It may have been disagreement. Disagreement is not criminal. It may have been frivolous. Frivolous is not fraud.

The prosecution disagreed.

Nobody likes paying taxes. Nobody, federal prosecutor M. Scotland Morris said during his turn at closing arguments. But paying taxes is the privilege we pay to live in a civilized society...Thats what this case is about--three men who believe they are above the law. Theyre not above the law. Tell them that.

In addition to Snipes, his former financial advisers and noted tax protestors Eddie Ray Kahn and Douglas Rosile both face one count each of conspiracy to defraud and aiding and abetting the making of a false and fraudulent claim. Snipes faces six additional counts of willful failure to file tax returns.

Snipes reportedly failed to file returns between 1999-2004 and, furthermore, attempted to receive a nearly $12 million refund on taxes already paid.

Kahn, who is currently jailed, refused to leave his cell to attend the trial, insisting that the government had no right to prosecute him in the first place.

Robert ONeill, U.S. Attorney for the Middle District of Florida, lambasted all three men in his closing arguments and ridiculed the defenses argument that the frivolity of the mens claims did not equal fraud.

Is it not deceitful to file one frivolous claim after another? he said. Any more obvious attempting of this would be hard to imagine.

The jury of seven women and five men began deliberations at roughly 4:40 p.m. Tuesday after a day of closing arguments. They broke for the day just 20 minutes later, at 5 p.m.

Outside the courtroom, Snipes said he had high hopes for a not guilty verdict.

Im glad some of the other side of the story came out, he said. I have a great deal of faith in the jury and I look forward to walking out of here.

If convicted on all eight counts, Snipes could face up to 16 years in prison.

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