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RESPONDING TO A CRIMINAL TAX INDICTMENT
Litigation Tool #10.004
213 pages; 29 Chapters
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This book
provides procedures, pleadings, and strategies for dealing
with criminal tax indictments by sui juris litigants under
26 U.S.C. §7203, 18 U.S.C. §371, and 18 U.S.C. §287.
Subject covered include:
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Typical scenario for federal
criminal case.
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Indictment or information
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Selecting and dealing with
attorneys.
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Handling the arraignment.
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Defensive strategies.
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Elements of standing.
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Details on specific types of
charges.
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Challenging jurisdiction.
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Willfulness.
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Filing of returns and
refunds in the case of failure to file charges.
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Dealing with the judge.
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Dealing with the jury.
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Handling trial.
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Sentencing.
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Allocution.
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Exhibits helpful in various
scenarios
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Below is a complete outline of the content of this very extensive work:
PREFACE
Revision
History
Table
of Contents
Table
of Authorities
Cases
Statutes
Regulations
Other
Authorities
1. THE SCENARIO
2. TYPICAL SEQUENCE
OF A FEDERAL CRIMINAL CASE
3. THE INDICTMENT OR
INFORMATION
3.1 How to know if a criminal
indictment is being pursued
3.2 Actions to take once you
know or think an indictment is being pursued
3.3 Requirement for the
indictment or information
3.4 Attacking the Indictment
4. THE ATTORNEY
4.1 Introduction
4.2 Finding an attorney
4.3 Court appointed counsel
4.4 Sixth Amendment Right to
Effective Counsel
4.5 Conflicts of Interest
4.6 Substitute Counsel
4.7 Ninth Circuit Review
4.8 Counsel Rules of Professional
Conduct and Disciplinary Complaints
4.9 Questionnaire to Counsel
4.10 Defendant Bound by Attorney
Acts Absent Demonstration of Ineffectiveness
5. FARETTA
HEARING AND SELF-REPRESENTATION
5.1 Pro Se with Standard
Counsel
5.2 Right to Self-Representation
5.3 Faretta Hearing for
Proceeding Pro Se
5.4 Ninth Circuit Review and
Ineffective Assistance of Counsel Claim
6. ARREST,
INITIAL APPEARANCE, AND
ARRAIGNMENT
6.1 The Judge Must Have
"Joinder" to Create a "Controversy" for Trial
6.2 Creating an Issue for
Trial
6.3 The Judge Making and
Entering a Plea for the Accused
6.4 Statement for the
Arraignment
6.5 Arrangement or Transfer to
Another District
6.6 Appointment of Counsel or
Pro Se
6.7 Indictment, Compliant or
Information
6.8 Speedy Trial Rights
6.9 Detention or Release
6.10 Detention Hearing
7. INTERSTATE
COMMERCE: PREREQUISITE TO ALL FEDERAL CRIMES
8. THE PLEA
8.1 Memorandum of Plea
Agreements
8.1.1 Voluntary Plea of Guilty
and Penalties
8.1.2 Factual Stipulations and
Calculating Sentence Guideline
8.1.3 Acceptance of
Responsibility
8.1.4 No Downward or Upward
Departures Argued at Sentencing
8.1.5 Evaluating a Plea
Agreement
8.1.6 Restitution
8.1.7 Court Not Bound by Plea
Agreement
8.2 Withdrawal of Guilty Plea
8.2.1 Guilty Pleas and
Rule 11 Inquiries
8.2.2 Guilty Pleas and
Plea Bargaining
8.2.3 Guilty Pleas and
Competence
8.2.4 Ninth Circuit Review
9.
CONSTITUTIONAL RIGHTS OF PRE-TRIAL DETAINEES AND PRISONERS
9.1 Pre-Trial Detainees
9.2 Access to the Courts
9.3 Jailhouse Lawyer Rendering
Legal Assistance to Fellow Inmates
9.4 Legal Research and
Document Preparation
9.5 Legal Research Methodology
and Synthesis
9.6 Civil Rights Actions
10. STATUTE OF
LIMITATIONS
10.1 Federal crimes generally
10.2 Statutory provisions
10.3 Triggering of Statute of
Limitations
10.3.1 Filing a False Tax Return
10.3.2 Failing to File a Tax
Return
10.3.3 Tax Evasion
10.3.4 Conspiracy
10.4 Tolling provisions:
Fugitive Outside U.S.
10.5 Complaint to Extend Statute of
Limitations
11. PRE-TRIAL
MOTIONS, DISCOVERY AND HEARINGS
11.1 Pre-Trial Motions and
Memorandums of Law
11.2 Suppression, Exclusion in Limine and Brady Motions
11.3 Fourth Amendment and
Privacy Rights
11.4 Judicial Notice and
Statements of Facts
12.
PREPARATIONS FOR TRIAL
12.1 Rights of the Criminal
Defendant
12.2 Third-Party Testimonial
Statements and Hearsay Not Permitted
12.3 Impeachment of Witnesses
and Jencks Act
12.4 Government's Burden of
Proof
12.5 Motion for Mistrial
13. DEFENSIVE
STRATEGIES
13.1 Immediate Defendant
Actions
13.2 Approach toward
negotiating surrender to the authorities
13.3 Pre-Trial Discovery
Approach
13.4 Litigation Strategies
13.5 Initial Motions
13.6 Discovery Defenses
13.7 Claim for Ineffective
Assistance of Counsel
13.7.1 Pre-Trial
Ineffective Assistance of Counsel Claims
13.7.2 Counsel Has
Constitutional Duty to Investigate
13.7.3 Developing
Ineffective Assistance of Counsel Claim
13.7.4 Post-Conviction
Ineffective Assistance of Counsel Claims
13.7.5 American Bar Association
Complaints, Disciplinary Actions and Malpractice Suites
13.8 Claim for Prosecutorial
Misconduct
13.8.1 Post-Conviction
Prosecutorial Misconduct Claims
13.8.2 Selective
Prosecution Claim
13.8.3 Vindictive
Prosecution Claim
13.8.4 Government
Misconduct Claim
13.8.5 Office of
Professional Responsibility Complaints and Disciplinary
Action
14. DETAILS ON SPECIFIC
TYPES OF CHARGES
14.1
Assessment Statute Expiration Date (ASED)
14.2 Refund Statute Expiration Date (RSED)
14.3 Collection Statute Expiration
Date (CSED)
15. WILLFULNESS
15.1 Authorities
15.2 Reliance upon expert
advice
15.3 The U.S. Supreme Court's
opinion on expert advice
15.4 Department of Justice,
Criminal Tax Manual
16. FILING OF RETURNS
AND REFUNDS
16.1 Returns not filed
16.2 Correcting False or
Fraudulent Returns
16.3 Voluntarily paid taxes
16.4 Money received by IRS is
stolen goods if paid by a "nontaxpayer" and Refund Demanded
16.4.1 Receipt of Stolen
Goods: Criminal Law in a Nutshell, West, Section 7.07
16.4.2 Extortion: Criminal
Law in a Nutshell, West, Section 7.09
16.5 Mistake of Law: Criminal
Law in a Nutshell, West, Section 8.07
17. DEALING WITH THE
JUDGE
17.1 Having an Independent
Judge to Start the Case is a Lawful Requirement and Necessary
17.2 Prior Tax Cases Regarding
the Judge
17.3 If Necessary, Subpoena
the Judge to Appear
17.4 Good Behavior
17.5 Judge v. Jury
18. DEALING WITH THE
JURY
18.1
Jury Trial
18.2 Does the judge of the law have
the right to choose and control the judge of the facts?
19. TRIAL
19.1 Obtaining the Jury List
19.2 Speedy Trial Act
20. SENTENCING
20.1 United States Sentencing
Guidelines (USSG)
20.2 Sentencing Allocution and
Counsel's Preparation
20.3 Sentencing Memorandum and
Hearing
20.4 Mitigating Factors for
Sentencing
20.5 Government's Refusal to
File §5K.1 Motion
20.6 Ninth Circuit Review
21. ALLOCUTION
22. DIRECT APPEALS
22.1 Notice of Appeal
22.2 Record, Appeal Questions
and Final Judgments
22.3 Issues on Appeal
22.4 Jurisdiction and
Preservation of Issues
23. STANDARDS OF REVIEW
23.1 Issues of Law and Legal
Questions
23.2 Issues of Fact and
Findings of Fact Questions
23.3 Issues of Mixed Law and
Facts
23.4 Issues of Trial Court
Discretion
23.5 Ninth Circuit Standards
of Review
23.6 Procedures, Reversals and
Remands
23.7 Judicial Complaints and
Misconduct
23.8 Writ of Mandamus
24. MOTION TO VACATED,
SET ASIDE, OR CORRECT A SENTENCE
24.1 Post-Conviction Discovery and
Evidentiary Hearing
24.2 Motion to Correct
Sentence
24.3 Motion to Reduce Sentence
24.4 Exhaustion of Remedies
and Statue of Limitations
24.5 Procedures and Judicial
Review
24.6 AEDPA
24.7 Involuntariness of Guilty
Plea and Government Breech of Plea Agreement
24.8 Ninth Circuit Review
24.9 Section 2255 Form
25. WRIT OF HABEUS
CORPUS
25.1 Administration of Parole
25.2 Computation of Time
Served
25.3 Prison Disciplinary
Actions, Transfers and Types of Detention
25.5 Extradition
25.6 Removal by Deportation or
Exclusion
25.7 Court-Martial Proceedings
25.8 Burden of Proof, Filing
and Exhaustion of Administrative Remedies
26. WRIT OF CORAM NOBIS
27. FEDERAL BUREAU OF
PRISONS RULES, POLICIES AND PROCEDURES
27.1 Administrative Remedies and
Procedures
27.2 Making the Best of "Time
Served"
27.3 Supervised Release and
Probation
27.4 Home Free at Last
28. EXHIBITS:
28.1 Notice of Motion and Motion to Depose Judge With Accompanying
Memorandum of Law
28.2 Voire Dir of Federal
Judge
28.3 Ex Parte Notice to the
Court of Appointment of Counsel
28.4 Order of Court
28.5 Competent Counsel
Questionnaire
28.6 Petition for Declaratory
Judgment with Incorporated Memorandum
28.7 Notice of Hearing on
Petition for Declaratory Judgment
28.8 Original Verified
Petition for Identity Hearing and Subpoena Duces Tecum with
Incorporated Memorandum
27.9 Notice and Demand for
Declaration of Court's Immunity and Impartiality.
29. FURTHER READING AND
RESEARCH
WARNING:
The contents of this book is subject to
the terms of our Disclaimer.
Please read and heed.
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