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Newsworthy Postings
Tuesday, July 11, 2006
Justice Department Drops Case; Tax Honesty Advocates Rejoice
Clever Use of Red Tape Gets IRS Case Thrown Out
By Pat Shannan
July 10, 2006 | American Free Press
In a move that shocked both sides on the tax
issue, federal prosecutors petitioned a federal
judge in Illinois to drop the government’s
lawsuit against a man accused of not paying
his income tax because the Justice Department
reportedly feared it would lose the case.
Robert Lawrence, 49, of Peoria, Ill., was first targeted by
the IRS for potential criminal prosecution in 1999 because
of his stance on the income tax. His views reflected the longheld
belief by the tax honesty movement that Office of
Management and Budget (OMB) numbers are necessary in
order to legalize any government form requesting information
from the general public.
In 2002, Lawrence was jailed for contempt because he
asked a judge too many questions the court wouldn’t answer.
He subsequently lost his job as a welder at the Mitsubishi
manufacturing plant and has been warding off an IRS
onslaught ever since.
It wasn’t until March 17, 2006, that a federal grand jury,
at the behest of U.S. Attorney Roger Heaton, actually indicted
Lawrence on three counts of tax evasion and three counts
of willful failure to file a personal income tax return.
Lawrence was looking at 18 years in prison and a costly trial
that was set to begin on Monday, May 15.
However, on Friday, May 12, Heaton’s assistant prosecutors
quietly motioned Judge Michael Mihm to dismiss all six
counts with prejudice, and the court immediately issued the
order. “With prejudice” means that the government is barred
from bringing those charges to the court again.
Now, those same mainstream media voices, which made
Lawrence’s jailing a top news story, have all been silenced.
The U.S. Attorney’s office declined comment for this report.
While the irony lies in the fact that the motion was
brought by the prosecution rather than the defense, the
result is still a victory for Lawrence.
So why would the Justice Department suddenly change
its mind and look to drop the case? After all, its prosecutors
have proven over and over again that juries are pushovers in
tax cases. The answer, according to Lawrence, lies within
something called the Paperwork Reduction Act (PRA).
The federal statute states:
- Notwithstanding any other provision of law, no person
shall be subject to any penalty for failing to
comply with a collection of information that
is subject to this subchapter if . . . the
collection of information
does not display a valid
control number assigned
by the Director in accordance
with this subchapter.
. . . The protection provided
by this section
may be raised in the
form of a complete
defense, bar, or otherwise
at any time during
the agency administrative
process or judicial action
applicable thereto.
Lawrence had
been raising this issue
since the 1990s, but it
continued to fall on deaf
ears until the prosecutors
received discovery from the defense
the week before trial, says
activist Bob Schulz of We the
People Foundation. This revealed to
the DOJ for the first time that Lawrence was
reportedly basing his entire defense on an act of Congress.
Congress first enacted this law in 1980 to apply to government
agencies. Later, in 1994, lawmakers made it even
more restrictive. Technically, the act was designed to police
paperwork. However, without an OMB number, a government
form is considered to be a “bootleg” copy and carries
with it no public requirement to comply.
In a press release, Schulz’s We the People Foundation
elaborated on the law:
- In Section 3512 of the act, titled “Public Protection,”
it says that no person shall be subject to any penalty
for failing to comply with an agency’s collection of
information request (such as a 1040 form), if the
request does not display a valid control number
assigned by the Office of Management and Budget in
accordance with the requirements of the act, or if the
agency fails to inform the person who is to respond to
the collection of information that he is not required to
respond to the collection of information request
unless it displays a valid control number.
In sum, the PRA requires that all government agencies
display valid OMB control numbers and certain
disclosures directly on all information collection
forms that the public is requested to file. Lawrence’s
sole defense was he was not required to file an IRS
Form 1040 because it displays an invalid OMB control
number.
Schulz followed up by
writing an open letter to
Attorney General Alberto
Gonzales demanding
that DOJ come forward
with a public explanation for
its outrageous treatment of
Lawrence. Schulz said:
- Indicting and then permanently
dismissing without any
court action occurs so
rarely as to require the
Department of Justice to
post a public explanation
in order to satisfy the public’s curiosity about
this strange working of justice. This foundation
found no such public notice in Peoria, on the DOJ
web site, or in any other public forum. We wanted to
determine the probable cause of DOJ’s remarkable act.
Editor's comment: It's all in the law. The trouble is that the IRS is even lying to their own people.
And DOJ is simply a rubber stamp outfit for the collection of the debt the USG owes the banksters.
When the gold was taken away in 1933 with FDRs Emergency Banking Act, the power to collateralize U.S. debt was made public policy. In other words, all Federal Reserve Notes were backed with bonds from the U.S. Treasury. This gave the treasury the power to create dollars in any amount it desired.
The forced use of Federal Reserve Notes, which are "obligations of the United States" the national debt was transferred directly to the people.
This is something which could never be done previously due to the apportionment clause of the U.S. Constitution where any debt incurred by the federal government was apportioned back to the several states to be paid according to their representation in Congress.
Thus, the mischief of Congress has led to the enslavement of the people and the elevation of a phony ruling class who hold the purse strings of socialist intervention in the lives of millions.
The IRS is merely the collection agency of the international bankers who are the receivers of the U.S. bankruptcy of 1933. The amount of the original debt is purported to be $428 million.
We can see from this that the profligate spending of the government has been the death knell of liberty as the people have become bondservants to the bankers and continue to blindly pay the usury which has enslaved them and will enslave their children for generations to come.
Thomas Jefferson warned of this very situation when he wrote,
- "If the American people ever allow private banks to control the issue of currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered."
What will you do TODAY to advance the cause of liberty and remove from this land the most despicable tyranny ever to exist on the face of the Earth?
Will you give up your credit cards?
Will you give up your cell phones?
What part of your accustomed way of life or your prospects to improve it will you be willing to sacrifice to decrease the amount of your personal debt to the banksters?
Think about it.
-
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