Joseph R. "Joe" Banister

Thursday, January 08, 2004


IRS LOCKOUT UPDATE: Perjury; Ex-Parte Contacts; Judicial Cover-Up: The Fraud Continues...

Dear Friends:

There have been some interesting developments over the last couple of weeks. For example, the transcript of the “Sanction Proceeding” (punishment) phase of my case has been prepared and will soon be posted to my website. I encourage you to read the transcript, especially the cross examination of IRS attorney David Finz by my attorney Robert Barnes, my statement, and the closing statements made by both the IRS attorney Jay J. Kessler and my attorney Robert Bernhoft near the end of the transcript. Also, don’t miss Administrative Law Judge Moran’s directive that he wanted to make sure that his decision and the reason’s for his decision were made public. Interestingly, as of today January 8, 2004, over two weeks since his decision, nothing has appeared in “The Newsroom” section of the IRS website ( www.irs.gov ). Apparently, Mr. Moran has not visited www.freedomabovefortune.com because I have publicized nearly every development in the case but the IRS has been strangely silent. As mentioned above, an “Initial Decision” has been made regarding the IRS complaint filed against me. Please visit www.freedomabovefortune.com (and click on “IRS LOCKOUT UPDATE”) for the latest documents in the IRS LOCKOUT case whereby the IRS is attempting to prohibit me (a CPA and Former IRS Criminal Investigation Division Special Agent) from representing people in IRS matters. Now why do you suppose they would want to do that? To protect you or to protect themselves? You be the judge.

My legal team (The Law Office of Robert G. Bernhoft www.bernhoftlaw.com ) and I are investigating whether a high ranking IRS official, the only one willing to testify against me in the “Sanction Proceeding” (punishment) phase of my case, committed perjury during his testimony. We are also investigating whether the Administrative Law Judge, frequently referred to as "The Honorable" William B. Moran, made ex-parte inquiries and had ex-parte contacts with IRS officials.

Please continue to pray for our team of advocates and contribute whatever you can to help, now that the time is near for us to go on the offensive. The IRS thinks they can get away with this fraud by using their money, manpower, and lackeys. But there is, and always will be, one real check on the government -- YOU. The people can always make a difference. YOU already have made a difference because you have helped get to this point AND your scrutiny forced Mr. Moran to abandon his order to have my “Sanction Proceeding” at the Coast Guard Island military installation and change to the San Francisco federal building. Now, we have a chance to expose this system for what it really is.

Thanks to your assistance, I now am in a position to expose the true fraud of the entire system, not just the administration of the tax laws themselves. The IRS made clear that my little book called “Investigating The Federal Income Tax” was the "dangerous" book that had to be silenced (you can download a significant portion of the book for free at www.freedomabovefortune.com .) With your aid, I will be able to expose even more fraud by the IRS -- the fraudulent investigation of "troublemakers" who work to expose what the IRS is really up to, the fraudulent secret audits of "troublemakers" who work to expose what the IRS is really up to, the fraudulent misuse of the IRS “Office of Professional Responsibility” (the new internal secret service Patriot Act styled IRS division monitoring political "troublemakers"), the fraudulent conduct in the "administrative hearing" process from hiding documents to hiding witnesses, and, most significantly, new evidences exposing the fraudulent conduct in my case including perjury, ex parte contacts, and judicial cover-up.

Your aid allowed my lawyers to expose this sham for what it is and now we are in an excellent position to expose this fraud to everyone. My representatives will challenge the "judicial" order disbarring me from practice before the IRS documenting the judicial cover-up of the real facts from the order and deliberate deception by the "honorable" William B. Moran. In fact, we may soon file a civil rights suit from this case.

Sometimes, you have to lose a battle, so you can win a war. A bully can get arrogant and walk into a trap, and expose himself for what he is. With your help, the time is near for a major victory.

Thanks again for all your support. Your prayers and contributions have been like the words of Tom Paine and the secret provisions of supporters to Washington's Army at Valley Forge. I am reminded again of David's psalm that though I may walk through the valley of death, we need to fear no evil. The Government has already hinted they may attack my lawyers for representing me, and the Judge went out of his way to attack them personally. This case will be very tough, and for that I need your aid. Only together can we win this struggle.

Kind Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent