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Wesley Snipes, Out of Options, Heads to Prison

By Jeralyn, Section Crime in the News
Posted on Thu Dec 09, 2010 at 08:29:00 AM EST
Tags: Wesley Snipes (all tags)
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Actor Wesley Snipes reports to prison today to serve a three year sentence for failure to file tax returns. He's not happy, but he's going.

Snipes will be at the McKean Federal Correctional Institution in Lewis Run,

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    Wesley Snipes, Out of Options, Heads to Prison | 42 comments (42 topical)

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    Snipes dodged taxes for years (5.00 / 1) (#16)
    by polizeros on Thu Dec 09, 2010 at 10:42:58 AM EST
    From your own post
    http://www.talkleft.com/story/2010/7/16/215841/264

    Snipes also claimed that as a "fiduciary of God, who is a `nontaxpayer,'" he was a "`foreign diplomat'" who was not obliged to pay taxes.

    Snipes's resistance to the IRS did not stop at his personal filings. Snipes integrated the ALR tax "teachings" into the accounting methodology of his film production companies. After June 2000, his companies stopped deducting payroll and income taxes from employees' salary checks.
    http://www.talkleft.com/story/2010/7/16/215841/264

    One of his accounting firms dropped him as a client when he stopped filing.

    FYI: The IRS has a Frivolous Tax Arguments PDF summing up all the bogus excuses they hear.
    http://www.irs.gov/pub/irs-utl/friv_tax.pdf

    A jury that was not biased in his favor (none / 0) (#33)
    by Peter G on Thu Dec 09, 2010 at 06:46:04 PM EST
    heard all that evidence and concluded that he was not guilty of any crime other than willful failure to file returns (a misdemeanor) in three of the six years charged.  Presumably (but no one really knows) the jury concluded that he sincerely believed -- at the time in question -- that he did not have to file tax returns or pay tax on the money he was making, and therefore did not act with criminal "willfulness," as required.  That was ten years ago.  He has since changed his mind, and has paid what is demanded, with penalties and interest.  All that said, I suppose reasonable minds could differ as to whether a three year prison sentence is warranted.  As for that accountant who "dropped" him ... the guy recently pleaded guilty to defrauding his celebrity clients and stealing millions of their money.  That's your paragon of good tax advice that Snipes should have trusted?

    Parent
    The case in which I represented state employees (5.00 / 1) (#17)
    by oculus on Thu Dec 09, 2010 at 12:17:48 PM EST
    being sued under 42 U.S.C. section 1983 for violation of constitutional rights--these tax protestors were all Caucasians. Other than the headlines they generated in the local paper and on local TV for their failure to pay taxes, they weren't celebrities or famous.

    Is that statute the tax (none / 0) (#19)
    by jeffinalabama on Thu Dec 09, 2010 at 12:25:12 PM EST
    satute, oculus, for us non-lawyers?

    Parent
    statute, not what I wrote... (none / 0) (#20)
    by jeffinalabama on Thu Dec 09, 2010 at 12:32:20 PM EST


    Parent
    No Section 1983 is the vehicle (none / 0) (#21)
    by oculus on Thu Dec 09, 2010 at 12:33:07 PM EST
    for plaintiffs to sue government employees for alleged violation of constitutional and statutory rights.  Often employed in cases of alleged excessive force against law enforcement.  For money damages.  Although at the initial press conference, plaintiffs' attorney always states:  it isn't about money.

    Parent
    PLEASE (1.00 / 1) (#28)
    by cal1942 on Thu Dec 09, 2010 at 04:05:44 PM EST
    Wesley Snipes should go straight to fu(king jail.

    Wesley Snipes made a lot of money, many times more money than the average person could imagine making and he willfully evaded paying his share.

    He arrogantly insisted that he was above paying taxes.  Truly disgusting.

    He should be made to pay back every penny plus interest, fines and jail time.

    During the mid-ninties the IRS was eviserated and many very wealthy people took advantage of the IRS' weakened state to evade taxes.  In fact, during that period, the richer you were the more likely you could put up a case too expensive for the IRS to pursue.

    These people must be made to realize that continuing those practices will not just be fines and paying back what they owe, they have to know that it's hard time when they're caught.  Without jail time there's no reason for these schmucks to to play it straight.

    Wesley Snipes is nothing more than another rich guy taking advantage of what the rest of us have  provided for him.

    Almost everything you say is wrong (1.00 / 1) (#34)
    by Peter G on Thu Dec 09, 2010 at 06:53:47 PM EST
    "Wesley Snipes should go straight to fu(king jail."
     -- Are you paying attention?  He is in prison as of this morning.

    "Wesley Snipes made a lot of money, many times more money than the average person could imagine making and he willfully evaded paying his share."
     -- He was not even charged with willful evasion, and the jury found him not guilty of conspiring to defraud the IRS.

    "He arrogantly insisted that he was above paying taxes.  Truly disgusting."
    -- I have never heard or read that he said that he was above paying taxes.

    "He should be made to pay back every penny plus interest, fines and jail time."
     -- He has been.

    "During the mid-ninties the IRS was eviserated and many very wealthy people took advantage of the IRS' weakened state to evade taxes.  In fact, during that period, the richer you were the more likely you could put up a case too expensive for the IRS to pursue."
     -- If you say so.  Not my experience.

    "These people must be made to realize that continuing those practices will not just be fines and paying back what they owe, they have to know that it's hard time when they're caught.  Without jail time there's no reason for these schmucks to to play it straight."
     -- You are entitled to your opinion on this.

    "Wesley Snipes is nothing more than another rich guy taking advantage of what the rest of us have  provided for him."
     -- Again, your opinion.  Not a fact.  He's a very talented actor who was taken advantage of by slick, unscrupulous advisers, and who is paying a heavy price for that.

    Parent

    Geezuz (none / 0) (#35)
    by cal1942 on Thu Dec 09, 2010 at 10:10:21 PM EST
    -- You are entitled to your opinion on this.

    Oh my.  Thank you so very much for granting me the privelege to have an opinion.  

    Just who in hell made you the almighty lord and master.

    For your information the IRS was cut drastically in the mid-ninties and yes their resources were so thin they were unable to pursue many wealthy evaders.  Instead they pursued easier to investigate middle income people.  The IRS office in my town had NO auditors.

    Yes I know he's in jail and ordered to repay, etc. but don't forget he's the boss, the big guy the slick advisors thing doesn't work.  Blaming the hirling has become more than a bit stale.

    And thanks for the troll rating.  Just to show you how fair I am I've repaid you you with the same.

    Parent

    You misunderstood me, Cal (none / 0) (#37)
    by Peter G on Thu Dec 09, 2010 at 10:47:04 PM EST
    I was drawing distinctions between your factual assertions, many of which I know to be wrong, and your opinions, which I mostly disagree with but do not judge.  I am not your "lord and master," or anyone else's, and don't want to be.  I acknowledged that you have an equal right to your opinions; I never suggested that I was or could be granting you that right. On this site, in my opinion, the assertion that someone (anyone) should "go straight to f*g jail" (particularly someone who is already in prison) is troll behavior.  Not the rest of your comments.  My response to your comment was in no way out of line, so far as I can see.  I showed you the respect to address directly and sincerely each and everything you said.  However, unless TL stops you, you can obviously rate any comment anyway you please.

    Parent
    Just as (none / 0) (#38)
    by cal1942 on Thu Dec 09, 2010 at 11:12:22 PM EST
    you rated mine without reason.

    If TL stops me then TL should also stop you.  What in hell makes you think that you're somehow off the hook?

    When I wrote "straight to fu(king jail" I expressed the opinion that large scale, deliberate tax evaders (whoever they are) should be subject to imprisonment. I'm aware that Wesley Snipes IS in jail where he belongs.

    And by the way I don't need YOUR damned acknowledgement that I have a right to an opinion.

    Your response was way out of line.

    Parent

    settle down (none / 0) (#39)
    by Jeralyn on Fri Dec 10, 2010 at 12:24:31 AM EST
    Peter G. has disclosed in past comments he represented Wesley Snipes in his appeal and argued the case to the Circuit Court of Appeals. Here's Peter's appellate brief for Snipes.

    He is obviously more familiar with the facts than you are.

    And since this is a defense site, your statements that anyone "should go directly to jail" are not going to be held in esteem.

    Parent

    Damn that's a tough break... (none / 0) (#1)
    by kdog on Thu Dec 09, 2010 at 06:00:38 AM EST
    1095 days, 26,280 hours...thats alotta anguish.

    Too bad he isn't Senator Snipes or Secretary Snipes...he'd have no problems with the lawman or the taxman. Not even fame or money can save you anymore...only connections, "inner party member" status.

    I'd like to see a change from "the people vs." to "some of the people vs.". I don't know who "the people" are anymore, but it ain't me babe.

    One of my favorite (5.00 / 1) (#9)
    by CoralGables on Thu Dec 09, 2010 at 09:09:20 AM EST
    tax evasion cases was a local restaurant owner. Although admitting to failure to pay over half a million in taxes, his plea to stay out of jail was that he was a stalwart of the community as a large donor to the University of Miami Athletic Department.

    I'm sitting there thinking...hey, it wasn't his money he was donating, it was our money. He tried the Rolls Royce Robin Hood Defense. I may be wealthy but I stole from the government to give to our local favorite football team so everyone should love me.

    He got 4 1/2 months and had to pony up the balance.

    Parent

    One of my favorites... (none / 0) (#15)
    by kdog on Thu Dec 09, 2010 at 10:32:31 AM EST
    is Karl Hess' experience...after he got the customary IRS audit after Goldwater's failed presidential run, as a Goldwater speechwriter. Found a recap...

    After Johnson was elected Karl was slapped with an IRS audit. When he asked the auditor/robber who was handling his case/theft if a certain perfectly legitimate deduction was right, he replied it didn't matter if it was right because it was the law. Karl said he had never before met an American who thought there was a difference between right and law.


    Parent
    I (none / 0) (#3)
    by lentinel on Thu Dec 09, 2010 at 07:27:23 AM EST
    thought something similar.

    How do Bush and Cheney get a free pass?

    Parent

    High profile, federal persecutions/prosecutions (none / 0) (#4)
    by republicratitarian on Thu Dec 09, 2010 at 07:35:08 AM EST
    I've said it before, and I'll keep saying it. The get tough on crime crowd wins again. It always seems like federal prosecutors are always looking for some high profile actor or athlete to put on the spot to make their career. And I agree with you; if he were Senator Snipes or Congressman Snipes he could just blame his accountant or say it was simple oversight. Maybe he'd only get censured.
    That's not to say that what he did wasn't wrong. But three years in prison, give me a break.


    Parent
    Jeez (none / 0) (#2)
    by lentinel on Thu Dec 09, 2010 at 07:24:53 AM EST
    I watched the interview with Wesley Snipes to which you linked.

    It certainly looks as if he has been selected to punish to show the power of the government.

    In other words, from the information given in the interview, I think Wesley is being railroaded.

    What I can't understand is why 3 jurors who had preconceptions about the guilt of Mr. Snipes were allowed on the jury. Why weren't they challenged by the defense attorneys?

    And once their bias was known within the jury room, why was this information not presented to the judge and the defense council?

    More and more, this country seems to be suffering from intense sickness.

    Railroaded...Really? (5.00 / 1) (#22)
    by coast on Thu Dec 09, 2010 at 01:19:36 PM EST
    Most on this site think the wealthy don't pay enough.  Its your belief that someone who not only did not pay but basically gave the finger to all of us and did not even file, should be looked at in a sympathetic light.  Sorry but I'll save my tears for someone who deserves it.

    FWIW, I would have voted for the tax fraud and conspiracy felonies as well.

    Parent

    Interesting that you know how you would vote (5.00 / 1) (#23)
    by Peter G on Thu Dec 09, 2010 at 01:51:29 PM EST
    as a juror without having attended the trial or studied the actual evidence.  Just like those three jurors who had their minds made up before the trial started, I guess.  I hope if you are ever charged with a crime you have a better jury than that, to protect your presumption of innocence.

    Parent
    I know... (5.00 / 1) (#25)
    by coast on Thu Dec 09, 2010 at 02:55:43 PM EST
    that I'm responsible for the information on my tax return, no matter who completes it for me;  I know that I have to file a tax return each year that I have earned income above a certain level; I know that when someone tells me something that is too good to be true it probably is (like "you don't really owe taxes like these other people").  Presumption of innocense is a great concept, except what is there to presume about not filing a document.  It either was or wasn't filed.  Fraudulent amended returns were either filed or they weren't.  You got me on the conspiracy though.  I'll give him the benefit of the doubt on that one.

    Parent
    The man is caged... (none / 0) (#26)
    by kdog on Thu Dec 09, 2010 at 03:03:21 PM EST
    there is no corpse, no rape victim, no assault victim to be found...that's worth a tear in my book, a non-violent human being in chains and a cage.

    And I certainly don't feel any middle finger was directed at me...Uncle Sam, yeah, but he hasn't represented me and mine in a long time, if ever.  I'd happily join Wesley in that one-finger salute.

    Parent

    Point taken Kdog (5.00 / 1) (#27)
    by coast on Thu Dec 09, 2010 at 03:26:18 PM EST
    except technically this is not a victimless crime.  When people like him don't pay (taxes that is), people like us have to pay more.  This isn't a case of someone making a decision between paying his fair share or getting an MRI for his dying kid.  Put more plainly, the IRS estimates that the difference between the taxes paid and the taxes that were actually owed in 2007 was in the neighborhood of $345 BILLION.  You, me and all the other guys who follow the rules have to make that up.  You may not feel like a victim, but you are.

    Parent
    that (5.00 / 1) (#29)
    by CoralGables on Thu Dec 09, 2010 at 04:06:06 PM EST
    was very well said

    Parent
    I hear you too... (none / 0) (#30)
    by kdog on Thu Dec 09, 2010 at 05:46:09 PM EST
    coast, it ain't righteous to make others pay your freight, in a black/white world it would be a no-brainer...but here in the grey it gets twisted.

    I pay my income taxes...err, I don't protest the taking of my taxes.  But the state tobacco taxes?  I dodge those every chance I get without losin' a wink of sleep.  Or partaking of the services of IRS Harry on the rare occasion I hit a nice one at OTB, conscience clear as day.  Wesley's conscience was cool with taking it further...I can't make it bother me, considering the dirty taxes pay for that I'm always raving about.  Maybe if the state/nation got it's priorities straight I'd find tax dodging more offensive.

    The biggest crime in this whole affair...treating a human being as an object to make an example/deter others.  Over freakin' taxes.  

    Parent

    Maybe (5.00 / 1) (#31)
    by jbindc on Thu Dec 09, 2010 at 05:59:16 PM EST
    He wasn't made an example of for others, but rather being punished for his own actions (or lack thereof).  Now, you can argue the penalty was too severe or not, but sometimes it really is just about one person.

    Parent
    Did ya miss this bit?... (5.00 / 1) (#32)
    by kdog on Thu Dec 09, 2010 at 06:38:07 PM EST
    But prosecutors, in their sentencing recommendation, said the jurors' decision "has been portrayed in the mainstream media as a 'victory' for Snipes. The troubling implication of such coverage for the millions of average citizens who are aware of this case is that the rich and famous Wesley Snipes has 'gotten away with it.' In the end the criminal conduct of Snipes must not be seen in such a light."

    That's making an example.  He's not a man to the federal prosecutors, he's a widget.  That's disgusting.

    Parent

    To me (none / 0) (#40)
    by jbindc on Fri Dec 10, 2010 at 08:06:30 AM EST
    That statement says that they were asking that he not be treated specially and get a slap on the wrist because he's rich and famous.

    YMMV.  :)

    Parent

    He got treated special allright... (none / 0) (#41)
    by kdog on Fri Dec 10, 2010 at 08:25:28 AM EST
    especially awful.

    Parent
    Not as bad as (none / 0) (#42)
    by jbindc on Fri Dec 10, 2010 at 10:10:49 AM EST
    These people.

    Or this guy.

    The government only pursues fewer than 2000 cases of criminal tax fraud each year. (The government has an added burden of trying to show that an individual "willfully" disregarded the tax code, as opposed to a tax protestor who has a sincere conviction that they don't owe taxes - a much harder case to prove). It looks like the penalties for all tose convicted of criminal tax fraud are getting more severe, with the average sentence now 33 months - that includes non-famous people being "sent a message" too.

    Parent

    The prospective jurors (none / 0) (#12)
    by Peter G on Thu Dec 09, 2010 at 09:23:08 AM EST
    did not answer truthfully to the judge when asked those questions, so the defense attorneys were not in a position to exercise their strikes properly.  What jurors do under the pressure of reaching what they believe is a fair "compromise" verdict no one knows, and the law (Evidence Rule 606(b)) does not allow judges to inquire or ex-jurors to say.  As Mr. Snipes' lead appellate lawyer, that's about all I can say, except that while we ran out of options to keep him out of jail for now, his appeals are not exhausted.  The Supreme Court petition is not due until after Christmas.

    Parent
    I would get (5.00 / 2) (#24)
    by Wile ECoyote on Thu Dec 09, 2010 at 02:35:40 PM EST
    any monies due by him up front.  He doesn't seem to be the type to bother with bills.  

    Parent
    Just wondering... (none / 0) (#5)
    by jeffinalabama on Thu Dec 09, 2010 at 07:49:23 AM EST
    How many of these high profile cases are people with minority status over the past 10 years?

    Snipes
    Martha Stewart
    Michael Vick
    I'll even include Charlie Rangel, although censure isn't the same as court conviction.

    I'll bet the list goes on. Some from the dominant group, also, though: Don Sigelman, former governor of Alabama, for one.

    Help me out here, who else? Memory isn't working that well on these high-profile cases.


    Paris Hilton (none / 0) (#6)
    by jbindc on Thu Dec 09, 2010 at 08:37:15 AM EST
    Lindsay Lohan, Robert Blake, Bernie Madoff, Duke Cunningham, James Traficant, Phil Spector, OJ (the sequel) - just off the top of my head.

    Parent
    Race and wealth... (none / 0) (#7)
    by kdog on Thu Dec 09, 2010 at 08:45:06 AM EST
    have taken a back seat to connections...as I said above, only connections can save you from the whipping post, where once white skin and/or money was enough.

    Pardon my language, but it fits...we're all n*ggers now unless we've got connections.  

    It reminds me of the difference between communism and capitalism in regards to the plague that is inequality under the law. Traditonally, in capitalist socieities money talks, and in communist societies connections talk.  Our capitalist society has seen a shift away from money talks towards connections talk...but of course in a capitalist society big money is required to get the connects with those in power, but it is no longer a guarantee of favored citizen status.

    Parent

    So if I read you, youre saying that (none / 0) (#8)
    by jeffinalabama on Thu Dec 09, 2010 at 09:02:49 AM EST
     like in Blade Runner, "Stop right where you are! You know the score, pal! If you're not a cop, you're "little people."

    I'd still argue that being  in the dominant group-- rich white and protestant, nominally or not religious, makes a difference.

    Fame is one important issue with these 'big name' cases, these 'example' cases. If they gave you orme three years for taxes, our families would be sad, but it wouldn't put the scare in anyone else.

    I think that some of these 'in the crowd' guys are used as examples as well... Duke Cunningham, for instance.

    I'm not arguing guilt or innocence here. It's like this: "See, we cut Duke loose. And we lost no sleep over it. Do you think we're going to worry about YOU?"

    does this make sense? It's another way 'The Man' keeps people down.

    Parent

    Rich and white... (none / 0) (#10)
    by kdog on Thu Dec 09, 2010 at 09:10:43 AM EST
    sure as hell doesn't hurt, don't get me wrong, but as the police and prosecution state has expanded and gotten more draconian, the less protection white & wealthy offers.

    I hear what you're saying...the state will eat one of their own once in a blue, true. (Though I wonder how "inner party" they really were if they find themselves on the receiving end of the business) A sacrificial lamb must be offered to maintain the illusion of fairness...and very few are so connected they have 100% protection.

    Parent

    When it comes to tax evasion (5.00 / 1) (#11)
    by CoralGables on Thu Dec 09, 2010 at 09:22:31 AM EST
    No one should be protected. I'd love a strong crackdown on tax cheats small and large. I don't want them in jail. I want every one of them paying back, plus large penalty and interest.

    Putting them in jail is silly. They didn't pay taxes so we are going to pay to incarcerate them? That's just damn silly. I want the cash back in the coffers.


    Parent

    If we had a government... (none / 0) (#13)
    by kdog on Thu Dec 09, 2010 at 09:44:04 AM EST
    that served the people instead of a government served by its people, I'd agree with you.

    But with this government?  You could argue tax evasion is a patriotic act.

    Parent

    Until (none / 0) (#14)
    by jbindc on Thu Dec 09, 2010 at 09:51:20 AM EST
    You could argue tax evasion is a patriotic act.

    Things you agree with get cut because of no money.

    Parent

    I agree (none / 0) (#36)
    by cal1942 on Thu Dec 09, 2010 at 10:32:45 PM EST
    that all tax evaders large and small should not be protected and they are certainly not objects of sympathy.

    I do feel that jail time is appropriate and necessary for large scale deliberate evaders.  

    People who cheat on a grand scale have no incentive to stop if their only penalty is payment, fines and interest.  They can take a calculated risk.  IMO, add hard time to the equation and many will think twice.

    Parent

    Wadda moroon. (none / 0) (#18)
    by sarcastic unnamed one on Thu Dec 09, 2010 at 12:18:23 PM EST


    Wesley Snipes, Out of Options, Heads to Prison | 42 comments (42 topical)

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