Joseph R. "Joe" Banister

Saturday, January 08, 2005


Freedom Above Fortune News

From : Freedom Above Fortune
Sent : Saturday, January 8, 2005 7:40 PM
To : distro
Subject : Case Against Former IRS Special Agent - Recent Developments

Dear Friends:

I wish you all a peaceful and prosperous New Year.

I appeared in U.S. District Court Judge Shubb’s court last week in order to
argue various motions. Those motions have been published at
www.freedomabovefortune.com (click on IRS LOCKOUT UPDATE and scroll to the
bottom of the document list).

In preparation for defending myself against this latest attack, my legal team
had advised me to gather all of the documents regarding my education, training,
research, and experiences that might be relevant to the allegations against me.
By the time I was done, the relevant documents evidencing my education,
training, research, and experiences filled 18 boxes. Given the initial trial
date of January 19, 2004, it was imperative that I ship the boxes to the lead
trial attorney immediately. I had no choice but to ship them via overnight
courier and it wasn’t cheap. The documents arrived safely at my legal team’s
Milwaukee office. My legal team was more than a bit surprised that I had so
many documents but, given my training as a Certified Public Accountant and IRS
Criminal Investigation Special Agent, they realized that it would be
understandable for someone like me to have saved so many.

The lead trial attorney, Jeffrey Dickstein, wanted to convey to Judge Shubb the
magnitude of the documents that would have to be reviewed before trial. Mr.
Dickstein decided to include a copy of the boxes in his motion. (See Motion to
Vacate and Reset Dates II 12/01/2004 at the bottom of the IRS LOCKOUT UPDATE
section of my website.)

Judge Shubb granted our motion for more time to prepare for trial. However, due
to the fact that Al Thompson did not ask for more time to prepare his case,
Judge Shubb saw no other alternative but to sever my case from Al Thompson’s
case. Judge Shubb decided that our cases should be severed and reset my trial
date to June 14, 2005 and kept Al Thompson’s trial date at the original January
19, 2005 date.

I have received hundreds of letters of support, many with financial
contributions enclosed. Many of those who have written let me know that they
are praying for a successful outcome. Some are praying on a daily basis. For
those praying, PLEASE DON’T STOP.

Please continue to contribute whatever you can. It is critical that I be able
to keep up the momentum as I prepare for trial. Contributions can be sent to
the Joseph Banister Legal Defense Fund, P.O. Box 90239, San Jose, California
95109. Wire transfers can be sent to Wells Fargo Bank, 4950 Almaden Expressway,
San Jose, CA 95118, (408) 979-8530, ABA Routing No. 121042882, For credit to:
Joseph Banister Legal Defense Fund
Account# 9176-052125.

I am so very grateful to every single one of you helping me in this battle to
restore honesty and integrity to our system of taxation. We have the truth on
our side and we will prevail.