tag:blogger.com,1999:blog-2295869345625274211.post7695935518205593457..comments2023-12-18T10:15:52.664-06:00Comments on Gillette-Torvik Blog: UPDATE: Can an accused tax evader submit evidence of a good-faith belief without taking the stand to testify to it?Bart Torvikhttp://www.blogger.com/profile/13661031240106200076noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-2295869345625274211.post-67183024249087934202011-04-08T16:32:58.293-05:002011-04-08T16:32:58.293-05:00Page 110:
"Because of the lack of dispute ov...Page 110:<br /><br />"Because of the lack of dispute over Schiff's failure to file tax returns or pay taxes, both the government and Schiff concentrated at trial on Schiff's criminal intent or lack of it and the question of whether he had concealed or attempted to conceal income. <em>Schiff did not testify.</em> The government sought to prove Schiff's evasive intent and knowledge of the tax law through his own writings, tapes of his speeches, evidence of his dealings with banks in Switzerland and the Cayman Islands and evidence that Schiff used and recommended the use of special pens with nonreproducible ink in order to thwart Internal Revenue Service attempts to photocopy financial records."<br /><br />Kokenis's opening brief at the 7th Circuit isn't due until 5/4.<br /><br />I haven't done any further research on the topic since my original post.Bart Torvikhttps://www.blogger.com/profile/13661031240106200076noreply@blogger.comtag:blogger.com,1999:blog-2295869345625274211.post-20034123565634239262011-04-08T10:10:02.811-05:002011-04-08T10:10:02.811-05:00Where does it say in the Schiff case that Schiff f...Where does it say in the Schiff case that Schiff failed to testify? That would be a useful citation if true. Has anyone found other cases? Has anyone seen the Sventh Circuit briefs?Barrynoreply@blogger.comtag:blogger.com,1999:blog-2295869345625274211.post-68960773013172980992011-02-20T10:53:09.665-06:002011-02-20T10:53:09.665-06:00Steve --
As far as I know, there is no freely ava...Steve --<br /><br />As far as I know, there is no freely available decision relating to the "original jury trial case." Most of the docket materials -- including briefs regarding this good-faith issue -- are available on the Northern District's website if you have a Pacer account. The case file number is 1:07-cr-00801.<br /><br />The judge's post-trial order is unpublished, but can be found at 2010 U.S. Dist. LEXIS 107884 (and of course is linked to in my post above).<br /><br />As long as I'm updating this post, Kokenis was sentenced last week to 71 months' imprisonment. On Friday, Kokenis filed his notice of appeal to the Seventh Circuit. Presumably the court's exclusion of the good-faith defense will be Kokenis's main argument on appeal. Should be interesting to see how it comes out.Bart Torvikhttps://www.blogger.com/profile/13661031240106200076noreply@blogger.comtag:blogger.com,1999:blog-2295869345625274211.post-13562169261410959642011-02-18T11:53:42.312-06:002011-02-18T11:53:42.312-06:00Can you please provide a cite for the original jur...Can you please provide a cite for the original jury trial case. Thanks,Stevenoreply@blogger.comtag:blogger.com,1999:blog-2295869345625274211.post-21727880113984472412010-10-22T22:02:28.167-05:002010-10-22T22:02:28.167-05:00Thanks for the comment, Mr or Ms Foreman. Doesn...Thanks for the comment, Mr or Ms Foreman. Doesn't sound like there's much question that the guy deserved a guilty verdict based on the evidence that was admitted. The only question this raises is whether his conviction might get reversed because Judge Shadur's evidentiary rulings arguably punished Kokenis for exercising his fifth amendment right not to testify. My guess is "no" but it is kind of an interesting "legal" question.Bart Torvikhttps://www.blogger.com/profile/13661031240106200076noreply@blogger.comtag:blogger.com,1999:blog-2295869345625274211.post-39751600968322835522010-10-22T21:31:53.563-05:002010-10-22T21:31:53.563-05:00I was the jury foreman on this case...the defense ...I was the jury foreman on this case...the defense did a poor job...showing pictures of the office several times...trying to blame the Comptroller..it was a no brainer. He pays his rehab on his home with the company monies...people, please.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2295869345625274211.post-25912122361572800892010-10-12T08:48:06.077-05:002010-10-12T08:48:06.077-05:00Evasion is 7201Evasion is 7201Anonymousnoreply@blogger.com