By JJ MacNab | May 22, 2008
My apologies for not posting more regularly,Â but I’ve been busy on my otherÂ blog (Bombs, Taxes, and Red Crayons) covering two tax denier related trials.
After sentencing onÂ April 24th, Snipes’ lawyersÂ (not the ones who handled his trial — Snipes fired them a few weeks ago) filed a motionÂ stating that they intended to appeal his conviction.Â Â
Since then, both sides have been engaging in a war of paper.Â Snipes’ lawyers want him to stay out of prison pending appeal, while the government both 1) considers him aÂ potential flight risk, and 2) states that there are no substantive grounds for an appeal to be successful.
InÂ one of the most recent filings, theÂ defense attorneys disclosed that SnipesÂ must turn himself in to the Bureau of Prisons by June 3, 2008.Â The BOP even has anÂ entry for himÂ all set up in their online database.Â
Why do the prosecutors think Snipes isÂ a potential flight risk?
From the government’s motion:
The United States did not object at sentencing to voluntary surrender for defendant Snipes, but is concerned about the possibility of him fleeing if he is allowed to remain on bond pending appeal. This concern is based on defendant Snipesâ€™ apparent lack of candor to this Court regarding his assets, combined with evidence of substantial offshore assets. At the sentencing hearing, defendant Snipes’ counsel gave a representative of the Internal Revenue Service (IRS) checks totaling $5 million as partial payment of his tax liability. The checks were drawn on the account of “Kymberlyte Production Services Int’l Inc.” (defendant Snipesâ€™ 100% owned loan-out company), and signed by Lori Davis (defendant Snipes’ personal assistant). Defendant Snipesâ€™ counsel represented that defendant Snipes also paid $1.7 million to the IRS with his 2007 tax return extension request. Despite the fact that defendant Snipes had at least $6.7 million to pay these liabilities, he represented to the Probation Office that he had less than $10,000 in liquid assets. Defendant Snipes has not explained this incongruity. His apparent lack of candor about his assets, combined with trial evidence that he has transferred millions of dollars offshore, show some risk of flight.
Another interesting tidbit I found on line, is that Snipes is planning on filming a new movie with director Antoine Fuqua entitled “Brooklyn’s Finest.”Â The preview posterÂ was released at this week’s Cannes Film Festival.
If Snipes is in prison, he can’t film such aÂ venture.
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