Kent Hovinds case was submitted today for reconsideration to the supreme CourtSubmitted by wraiththirteen on Wed, 12/09/2009 - 18:38
...the issues submitted (today) for reconsideration to the Supreme Court will affect every American – I thought I would give a very brief summary of the issues I’m in prison for, and encourage those of you who feel led to contact your Senator (202 – switchboard number), Congressman (202 – Congressman number), and even the President (202 – number), or news media to let them know you are interested in the outcome of this case, and that you would like them to rule in my favor and release me.
The first issue is “structuring.” We went to our own bank to withdraw ministry money donated or earned in legitimate ways to spend on legitimate ministry bills. On average the withdrawals were 12 days apart. No problem.
Years ago, congress passed laws to stop drug dealers from laundering large amounts of cash, so any deposits over $10,000 required a form to be filled out. If a person “structured” transactions, by breaking down large amounts into deposits under $10,000 to evade the reporting requirements, they would be guilty of one count of structuring and could get 5 years in prison. The few times we withdrew over $10,000 the bank filled out their form. No problem. The IRS went through the account and cherry picked 45 times when the withdrawal was under $10,000 and charged each one as a separate count. If this is not overturned on appeal, anyone who takes any amount of money out of their bank account could be charged with structuring. Our withdrawals were not part of a larger sum being broken down on one day to avoid anything, and there were no drugs or drug money involved. After a two-week trial, our lawyers advised us not to give a defense, since no law was broken. After the closing arguments, the judge changed the jury instructions to say that if they found we took out less than $10,000, they must find us guilty! Do you ever take your own money out of your own bank where you have banked for 10 years? Get ready to join me.
The second issue covers all of Jo’s charges (as does the first), and all but one of mine. In 1980 Congress, passed the Paperwork Reduction Act – PRA, which says no one can be penalized for failing to fill out (or refusing to fill out) a form that is expired, out of date, or bootleg. It said that all government forms expire in 3 years and they must display a valid OMB # or you can ignore them. Aside from many other issues involved in my case, just the PRA is clear. Yet, I was given 5 years for not filling out a form that did not follow the PRA. In 1995 the PRA was made even stronger. The question is simple: Does the government have to obey the law as well as the people? If you think they should be held to the same standard, maybe you need to call and let them know?