Tax Update Blog: Permalink

« Previous · Tax Update Blog Home · Next »

JUDGE TO SNIPES: THEY'RE NOT PICKING ON YOU, THEY'RE MAKING AN EXAMPLE OF YOU

September 07, 2007

Actor Wesley Snipes uses some slick moves in his action movies. So far his legal moves in his federal court case haven't been as helpful.

Mr. Snipes is fighting federal charges of conspiracy to defraud the government, making false claims for refund, and failure to file tax returns. The actor apparently acted under the influence of tax protest figure Eddie Kahn when he tried to recover millions of dollars of taxes he had paid using tax protester arguments.

Mr. Snipes tried to get the charges thrown out by arguing that the charges were racially motivated and unconstitutional "selective prosecution" of a non-Caucasian.

The trial judge this week denied the motion. The court said that if Mr. Snipes is being picked on, it's because he's famous, not because he is nonwhite:

From a prosecutor's point of view, especially in tax cases, the primary objective in deciding whom to prosecute is to achieve general deterrence. Here, Defendant Snipes is admittedly a well known movie star, and a person of apparent wealth, whose prosecution has already attracted considerable publicity. By contrast, the Defendant Eddie Ray Kahn does not appear to share Defendant Snipe's notoriety. "Since the government lacks the means to investigate and prosecute every suspected violation of the tax laws, it makes good sense to prosecute those who will receive, or are likely to receive, the attention of the media." United States v. Catlett, 584 F. 2d 864, 868 (8th Cir. 1978) (internal citations omitted); see also United States v. Hastings, 126 F.3d 310, 314 (4th Cir 1997) (no selective prosecution in case against prominent businessman and Republican party leader charged with failure to file income tax returns).

Celebrity definitely has its drawbacks.

The court also denied Mr. Snipes' motions to move the trial and to separate his trial from his co-defendants cases.

Links:

Court order of September 5, 2007.

Complete Tax Update Snipes coverage.

UPDATE: The TaxProf has more!

      Bookmark: del.icio.us • Digg • reddit