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Joseph R. "Joe" Banister

Friday, April 02, 2004

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Dear Friends:

My previous message had apparently left out the word "aware". The corrected message appears below:

Please check out a recent article relating to the Larken Rose education project that is sure to make hundreds of thousands, if not millions, more Americans aware of the IRS deception.

http://www.usadaily.com/News/03232004_IRS_documentary_video.htm

Regards,

Kind Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent www.freedomabovefortune.com
www.joebanister.blogspot.com

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Dear Friends:

Dave Champion will spend his entire show today (Saturday) talking about part of the "American Matrix" commonly known as the federal income tax. Visit the following link to listen:

http://www.americanradioshow.us/listen.html

Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent www.freedomabovefortune.com www.joebanister.blogspot.com



Wednesday, March 31, 2004

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Dear Friends,

An article about me has been published in USADAILY today ( USADAILY.COM ). The actual link is:

http://www.usadaily.com/News/03312004_talk_radio_show_prompted_irs_age.htm

Please pass the word to your email lists.


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-For those who have received this message as a forward from someone else, you can sign up to receive these messages directly by visiting www.freedomabovefortune.com and clicking on "Mailing List".

-For those who are unfamiliar with what has transpired to date in this case, please visit www.freedomabovefortune.com and click on "IRS LOCKOUT UPDATE". Learn the extent to which the IRS will go to prevent one of their own criminal investigators from teaching the American public the truth about the federal income tax system.

-My sincere thanks to those who have prayed for the success of our efforts and contributed to my defense fund. Your continued financial support is enabling me to illustrate, in detail and in a very public manner, that the IRS does not prevail against citizens because the agency adheres to the rule of law, but that the IRS prevails against citizens because the agency ignores the law and overwhelms the citizen with economic and legal burdens. In a school yard, such tactics are called "BULLYING". In a government setting, such tactics are called TYRANNY. This effort is the equivalent of ganging up on the bully and sending him to reform school where he belongs.
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Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent www.freedomabovefortune.com www.joebanister.blogspot.com


Tuesday, March 30, 2004

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Dear Friends:

I am forwarding a recent announcement from the We The People Foundation for Constitutional Education/We The People Congress. Please visit www.givemeliberty.org for the actual announcement and links to copies of actual documents.

As requested at the bottom of the WTPC announcement, please write to Dick Simkanin at the address listed there. As requested before, please write various website addresses or messages on the outside of the envelopes and on whatever you send in the envelopes so that the officials in the institution will learn what is going on as well. Please try to refrain from any angry or threatening messages. I feel a great deal of anger myself for what these government officials are doing to good people, but I believe acting in a reasonable but determined manner in the face of such corruption will help us more than "flying off the handle".


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Simkanin Judicial Fraud Continues

Illegal Alterations Discovered in Trial Transcript

Fraudulent IRS Civil Claims Raise Questions
About the Legitimacy of the Indictment

Ft. Worth Star-Telegram Balks At
WTP Message to Simkanin Jurors


On approximately March 10, USDC federal judge John McBryde released yet another portion of the trial transcript that he ordered kept under seal, away from public scrutiny following the Ft. Worth tax trial of employer Dick Simkanin ended in early January. The recently released segment of the trial transcript covered the arraignment and final pre-trial motions.

A number of WTP courtroom watchers that personally witnessed these portions of the trial proceedings, have examined the recently released transcript segment and, without exception, have concluded that there were substantial, and unquestionably deliberate, i.e., illegal, alterations made to the court record that apparently hide significant acts and rulings by Judge McBryde that would constitute a clear basis for reversible error in the 29 convictions decided at trial.

The spectators involved, including WTP Chairman Bob Schulz, have completed individual affidavits attesting to the gross disparities between what they witnessed and the content of the official, now unsealed, transcript segment. These affidavits will now become the basis for legal action against the court and court reporter.

As we have previously documented, Judge McBryde afforded Simkanin little benefit of the Constitution during the trial, and the facts now indicate that McBryde has engaged in a further systemic (and patently illegal) conspiracy to “cover the tracks” of his continuing judicial tyranny.

If these charges of altering the transcript are in fact substantiated, Judge McBryde and the court reporter, Eileen Brewer, may eventually be facing criminal charges for their conspiratorial acts that have unjustly convicted Simkanin, kept him in prison, and effectively thwarted his Due Process rights to appeal his verdicts.

To further cement the complicity of the court reporter in this conspiracy, members of the Simkanin legal team report that court reporter Brewer, initially denied the existence of any audio recordings from the trial, stating unambiguously that there were, “no recordings made.”

Her responses to subsequent direct inquiries from Simkanin attorney Arch McColl and others on the defense legal team were that audio tapes of the trial did in fact exist -- but according to “Judicial Policy” are the “personal property” of the court reporter and are not available for public review.

In her response to defense counsel McColl, Brewer suggests that McColl identify any specific areas of the transcript in question, and that she (Brewer) would go back, “double-check her notes” and correct any errors.

These statements by the court reporter along with the unusual reluctance of the Judge McBryde to release to the public certain portions of the transcript continue to indicate that our judicial system is not well in Ft Worth.

Judge McBryde continues to keep portions of the transcript under seal that would identify the jurors in the trial.


IRS Civil Fraud As Basis for Conviction?

Adding insult to injury following his conviction, IRS recently served notices of civil action on Simkanin, specifically, Notices of Intent to Levy and Lien seeking approximately $900,000.

Although clearly intended to financially disable Simkanin’s ability to secure the costly legal counsel needed for his appeal, the IRS documents raise yet additional, disturbing questions about the legitimacy of the 31-count indictment brought against Simkanin.

To begin with, the IRS served him with "Notice of Intent to Levy" after originally serving him with the “Levy Notice”.

On the official documents, the alleged assessment date on the notices is March 10, 2004 – two months FOLLOWING his conviction. Obviously, Dick was charged and tried on a non-existent crime – i.e., as evidenced by the IRS's own legal documents, no unpaid tax assessment existed at time he was charged and tried for his crimes. How could Simkanin have willfully failed to pay over a tax when no assessment was ever made?

Next, the entity names that were served Notice by IRS are entirely fictional and indicate that IRS is even attempting to collect the same tax from two different legal entities.

The entity called "RICHARD M SIMKANIN ARROW CUSTOM PLASTICS" and its associated EIN identifier, "74-3116288" are fictitious and made up. Simkanin never applied for an EIN number and as sole proprietor of Arrow Custom Plastics, never created an entity called "RICHARD M SIMKANIN ARROW CUSTOM PLASTICS".

How could Simkanin have been indicted and tried of these “crimes” if the IRS cannot, and did not, assess the proper legal entity which "owed" the tax?


Ft. Worth Star-Telegram Balks

The large daily newspaper in Fort Worth, Texas, the Star-Telegram, has informed WTP that it found our proposed message to the Simkanin trial and Grand jurors “unacceptable.”

In that proposed message, WTP is calling out for Simkanin jurors to identify themselves and come forward to discuss the case and jury deliberations in a public forum. During the Simkanin trial the paper ran a number of clearly biased and prejudicial news stories concerning the criminal tax trial.

Subsequent conversations with the Star are continuing and revisions to the proposed WTP ad are being worked so that it meets the additional criteria established by the Star's legal counsel.

The highly questionable behaviors of the judge, prosecution and even the jury, have raised significant questions about potential jury tampering and/or misconduct on the part of Judge McBryde and/or Department of Justice.

These behaviors include a virtual sequestering of the jury pool and trial jurors, non-public voir dire jury selection, deliberately misleading and false responses to jury questions by the judge, false & misleading jury instructions, denial of a substantive defense and special “off-the-record” remarks by Judge McBryde to the jury following their deliberations where they were warned not to divulge the names of any other jury members, or that there might be “unpleasantness”.

The People have a right to know who the Simkanin jurors are and to make them aware of this continuing controversy that has unjustly put an honest American Patriot business owner behind bars.

Donations are still needed to fund the full-page ad for Simkanin. Several thousand dollars more are still needed for the $16,800 ad. The ad will reach approximately 340,000 households in the Dallas/Ft. Worth area. Please consider helping run this ad to help free Dick.

Please write Dick Simkanin and let him know you are supporting him in his time of tribulation in defense of our Republic and our Constitution. He needs to know we are standing with him. Simkanin’s address:

Dick Simkanin, Number 30383-177
Federal Medical Center
P.O. Box 15330, Fort Worth, Texas 76119-5905

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Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent www.freedomabovefortune.com www.joebanister.blogspot.com



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