Joseph R. "Joe" Banister

Tuesday, February 06, 2007



From : Joe Banister
Sent : Tuesday, February 6, 2007 10:48 AM
To : List



Dear Friends:

It has been quite some time since I have provided you with an update of my
situation. There have been developments that I would like to share with you.

Thankfully, I am in good health and good spirits thanks to God’s blessings. It
is hard to believe that it has been nearly 8 years since my resignation from the
IRS Criminal Investigation Division and over a year and a half since I was
acquitted of all charges in a Sacramento, California federal courtroom
(http://www.americanfreepress.net/html/famed_irs_whistleblower.html ).

Not surprisingly, the income tax enforcement apparatus has not lightened up one
bit on its mission to silence and discredit yours truly. Apparently putting me
behind bars was the “icing” on the income tax enforcement apparatus’ “cake” but
since they didn’t get to eat the icing, they’ll settle for the cake. I need to
give you a little bit of background to help you understand my current situation,
so bear with me as I provide a summary.

You may recall from previous battle stories I have shared with you the saga of
my “disbarment” from “practice” before the IRS. (I routinely put “disbarment”
in quotes because I never applied to be a member of any IRS “bar”. I never
applied because the IRS has never had a “bar”. Thus, dis-“bar”-ing me is not
even an appropriate term – but it sounds really bad so the IRS is more than
happy to use it anyway.) The IRS “disbarment” saga began with allegations
leveled by the IRS (not the clients!) that I had engaged in “disreputable”
conduct in connection with assistance rendered to two clients by allegedly
giving “false opinions” to those clients that had “no basis in law or fact”.
Allegations were added later that I had also engaged in additional
“disreputable” conduct by failing to file income tax returns for 1999, 2000,
2001 and 2002.

When such allegations are leveled against someone, at least in this country,
that person is supposed to be provided, consistent with the “innocent until
proven guilty” and “due process of law” themes coursing throughout American law,
many levels of appeal to test the legitimacy of the allegations. Unfortunately,
our government often ignores these themes and routinely attempts to bypass the
levels of appeal and my IRS “disbarment” case was no exception.

Despite the fact that the law called for a hearing as my first level of appeal,
which would have been my “day in court”, so to speak, to defend myself against
the allegations of “disreputable conduct”, Administrative Law Judge (ALJ) Moran
ruled that a hearing would not be given to me and a “sanction” (punishment)
proceeding would take place instead. Soon after, ALJ Moran ruled that the
record showed I had indeed engaged in “disreputable conduct”. ALJ Moran’s
ruling was not too surprising given that the absence of a hearing meant I was
refused the opportunity to get my side of the story (documents, witness
testimony, etc.) into the record or to cross-examine my IRS accusers – The
“disbarment” process was a sham and a “railroad”. You can read more about this
at http://joebanister.blogspot.com/2004_01_04_joebanister_archive.html .

You may also recall that I appealed ALJ Moran’s “disbarment” ruling to the
Secretary of the Treasury, John Snow, and, incredibly, Secretary Snow delegated
his decision-making authority regarding my appeal to a high-ranking attorney at
the IRS. Not surprisingly, the high-ranking attorney at the IRS ruled against
me. Yet another sham and “railroad” whereby my IRS accusers even served as the
arbiters of my appeal.

I was preparing to appeal the above-described “railroading” when, in November of
2004, I learned that I had been indicted on four felony charges. As those of
you who have been following my story since 2004 or earlier know, defending
myself against the felony charges was a horrendous undertaking, as I often would
relate in various email updates. All of my time and effort as well as all of
the generous spiritual and financial support I received from so many of you had
to be devoted to defense against the felony charges – I never could “come up for
air” long enough to appeal the “disbarment” debacle. It’s a shame that I had to
face prison in order to finally have a jury of 12 of my peers evaluate my
conduct – as opposed to past evaluations performed by biased IRS bureaucrats and
administrative law judges – but not surprisingly those peers recognized that I
was innocent and acquitted me of the felony charges leveled against me.

The stinging defeat suffered by the income tax enforcement apparatus barely
slowed them down. My hopes for a little time to breathe after having survived a
full court press to imprison me were dashed when the California Board of
Accountancy (CBA), the agency that oversees Certified Public Accountants
(“C.P.A.s”) like me, which had already been investigating me in connection with
the IRS “disbarment” debacle, stepped up their efforts to revoke my “C.P.A.”
license using the IRS “disbarment” as the pretext for doing so. The IRS also
stepped up their civil inquiries into my personal affairs.

Now that I have brought you up to date – here is where I stand. The California
Board of Accountancy (CBA) has just issued a decision that my “C.P.A.” license
be revoked. The CBA is basing their decision solely on the results of the IRS
“disbarment”, which you and I know was a sham but the CBA could care less. My
unblemished fifteen year record as a “C.P.A.” is meaningless to the CBA as well.
The income tax enforcement apparatus simply cannot afford to have a credible
person who happens to be not only a former IRS criminal investigator but a
“C.P.A.” believing what I believe and saying what I say.

I am telling you all of this because I once again need your help. I only have a
small window of opportunity to appeal both the IRS disbarment and the revocation
of my C.P.A. license. Robert Bernhoft and his firm have never abandoned me and
they don’t intend to now but representing me has been a huge financial burden
for them. Significant work will be necessary but neither the Bernhoft firm nor
I are equipped to move forward without your prayers and financial support.

I want you to know that this next round of appeals is about much more than my
personal or professional circumstances. There are many indications that the
IRS, the U.S. Department of Justice, state taxing agencies and state licensing
agencies (like the California Board of Accountancy) and other bureaucracies are
partnering together to “hammer” and starve Americans into submission regarding
their alleged income tax obligations and to destroy the professional career of
any professional who comes to their aid. It is hard enough for the average
American to defend themselves against the IRS but imagine how hard it will be
when professionals are too fearful of losing their livelihood to aggressively
defend you or, worse, fearless professionals can’t come to your aid even if they
wanted to because their license or other certification has been revoked or is in
danger of being revoked.

As far as I know, my case is early enough and public enough that an appeal would
reap significant rewards even if I am not successful in restoring the license
and professional reputation that the IRS has stolen from me. At a minimum,
being able to appeal my IRS “disbarment” and the “C.P.A.” license revocation
will enable me to gather significant information (through “discovery”) that will
likely expose some of the backroom deals and illegal activity that we all
surmise must be going on – and I will be able to share all of that information
with you as the cases progress.

I am sorry that I must reach out to you again. Besides the strength that God
gives me to persevere, your help over these last 8 years has been the key to my
success. The income tax enforcement apparatus gangs up on everyone it targets
and, sadly, it is extremely difficult and rare to survive such an attack. Your
assistance enables me to access the spiritual and financial resources of
thousands of people and helps to even the odds at least a little bit.

Please consider helping me once again. Donations can be made payable to “Joseph
Banister Legal Defense Fund” and mailed to 1805 N. Carson Street #188, Carson
City, Nevada 89701. Don’t forget to visit
and follow the instructions if you would like a thank you gift sent to you.
Donation forms should be used only by those who wish to receive a free gift –
suggested donation amounts are on the form. If no form is submitted, it will be
presumed that you are donating without desire for a free gift.

I wish to sincerely thank each and every person who has ever helped me. A
number of you have continued to support my efforts financially even during
periods when I have not formally asked for help, which is deeply appreciated
since I don’t always ask for help even though the need for help never fully


-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,
especially the recent acquittal on all charges leveled against me, please visit
http://www.ninehundred.net/banister/ , www.joebanister.blogspot.com and
www.freedomabovefortune.com (click on "IRS LOCKOUT UPDATE"). You can also find
archives of informative radio shows at www.hearliberty.com .

-Prayers in support of this effort are always welcomed and encouraged.
Contributions to my legal defense fund are also welcomed due to the significant
costs of defending against multiple and continuing IRS attacks. Checks or money
orders are gratefully accepted and can be made payable to "Joseph Banister Legal
Defense Fund", and mailed to 1805 N. Carson Street, #188, Carson City, Nevada
89701. Money orders may provide a greater degree of privacy to the donor than
checks so use your own discretion based on the degree of privacy you desire.

-Visit http://www.ninehundred.net/banister for more information as to how you
can obtain information about my recent trial and contribute to my legal defense
fund at the same time.

-My sincere thanks to those who have prayed for the success of our efforts
and/or contributed to my legal defense fund. Your continued 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, twists the
meaning of 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.


Kind regards,

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

II Chronicles 7:14:

And my people, upon whom my name is called, being converted, shall make
supplication to me, and seek out my face, and do penance for their most wicked
ways: then will I hear from heaven, and will forgive their sin and will heal
their land.

George Orwell, 1984:

"You are a slow learner, Winston," said O'Brien gently.

"How can I help it?" he blubbered. "How can I help seeing what is in front of my
eyes? Two and two are four."

"Sometimes, Winston. Sometimes they are five. Sometimes they are three.
Sometimes they are all of them at once. You must try harder. It is not easy to
become sane."

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