Comment on Forbes article “The Trials of Kent Hovind”

Peter Reilly has a new post up on his Forbes blog called The Trials of Kent Hovind-An American Tragedy. It’s a reiteration of Hovind’s case and Reilly’s feeling that maybe the government is too harsh. I wrote the following response to the article, which I think explains why the government is acting as it is:

I really think you can’t discount the influence of sovereign citizen arguments in why the government continues to pursue Kent and Paul. Kent has been represented by more conventional counsel and that counsel has stayed very firmly away from sovereign citizen arguments.

Not so with co-defendant Paul Hansen. During the first trial, Hansen was represented by conventional counsel (Chris Klotz) and struggled mightily because he wanted to present a thoroughgoing sovereign citizen defense. This led to some tussles between counsel and client, because Hansen kept insisting on filing handwritten sovereign citizen motions on his own behalf, which is not what you do when you have an attorney.

In the last week, Hansen has been freed from the constraints of having counsel and is now representing himself. Klotz, however, will be on hand in case Hansen needs help (but in no way is this to be construed as a “hybrid defense”). Now that Paul has gone pro se, we’re seeing the full flower of his particular strain of sovereign citizen theory. This is best demonstrated by a subpoena duces tecum to IRS agent Scott Schneider, which he read over the phone twice to Hovindicator Rudy Davis.

http://www.hovindology.com/?p=262 (link to original transcription and second video with even more subpoena demands)

A cursory reading of the subpoena shows Hansen is drilling in to his basic sovereign citizen argument, which is that the United States of America does not have jurisdiction to try him. You can see this throughout the subpoena, where he asks Schneider, as a proxy for the government, to prove the criminal acts were performed on land owned by the USA, the mailings were done on land owned by the USA or passed over land owned by the USA and so on through the location of the courthouse, the licensing of the prosecutor, the ability of the government to collect taxes, et cetera, et cetera. Number 17 (too long to quote here) is five points where Hansen basically intends to retry Hovind’s 2006 case. Number 18 asks for documentation of the written law or process Hovind and Hansen would have to follow to become United States citizens. (That’s right, Hovind and Hansen don’t believe they are citizens of the United States.)

Not to put too fine of a point on it, but the jurisdictional arguments in this subpoena will simply go nowhere. As to why the government is coming down so hard on Hovind and Hansen has to do with the slippery slope of what I call “sovereign citizen nuttery,” which can be all over the map. At their most benign, sovereign citizen arguments have led people to file reams of paper with various authorities. An example of this would be Hovind’s attempt to renounce his US citizenship in 1998, which he filed with Escambia County, Florida. However, he continued to live in Pensacola even after this attempt.

A step up in sovereign citizen warfare against the government are liens against property. These tend to gum up the system as the subjects of the liens (clerks, police, judges) have to go to court to get the liens removed. In the Hovind case, lis pendens (a type of lien based on a pending lawsuit) were filed to keep the US government from selling parcels belonging to Hovind’s old Dinosaur Adventure Land. These actions led to the criminal contempt of court convictions in March for Hovind and Hansen and to the retrial on mail fraud charges.

I believe the government sees Hovind and Hansen as a continuing problem that has to be squashed. Because there are more extreme forms of sovereign citizen belief. From liens that require court actions to remove, we move on to sovereign citizen house squatters, sovereign citizen burglars and sovereign citizen bank robbers all the way up to sovereign citizens who have been a real threat to law enforcement. Some police officers have died at the hands of self-declared sovereigns. Law enforcement officials have said in 2015 that sovereign citizens are a bigger threat than Islamic terrorism. As a result, the government has made it very clear it is not going to put up with sovereign citizen theories because of where they could lead people.

I agree with you, Peter, that this is a tragic situation, but it’s one entirely of Kent Hovind’s own making. I can’t help but wonder if Hovind were to get out of jail on parole in August, as had originally been the plan, if he wouldn’t be back in prison a short time later for failing to cooperate with the terms of his parole. Certainly he would be required to be conventionally tax compliant and get a job with W-2 withholdings. (It’s not likely the terms of his parole would allow him to take up itinerant creation evangelism again.) I could very much see Kent objecting strenuously to tax withholding at the job he will be required to take as part of his parole. After all, the prosecution did show at the 2006 trial that Hovind browbeat churches which tried to be conventionally tax compliant and withhold a sum of money to be submitted to the IRS along with a 1099.

Kent would do well to take your advice, but so far he has not. And, contrary to Hovindicator belief, I don’t want to harm Kent Hovind. I actually don’t know if he’s guilty of the mail fraud charges because I haven’t seen the evidence. But I do think Kent is his own worst enemy and some of the Hovindicators are encouraging him in that.

Paul Hansen’s subpoena duces tecum

Paul Hansen called Rudy twice yesterday to go over what he intends to file as a subpoena duces tecum of IRS agent Scott Schneider since he is now representing himself. I went through the first video and transcribed it Hansen reading the first 18 points. He’s since gone back and added several more, and if I find time to listen to that, I will update this post. However, to be honest, it’s “more of the same.” And, not to put too fine of a point on it, this subpoena will be quashed if it even gets served. It is worth a read, however, if only to get an insight into the head of a hard core sovereign citizen.

As you read this, keep in mind that Paul Hansen is huge on jurisdiction. He thinks he can show that he and Kent are not under the jurisdiction of the United States of America and thus not subject to federal charges. Or income tax. Or forfeiture. Or much of anything.

Paul:  I have in front of me a document subpoena duces tecum that I’m delivering to Chris Klotz, my 6th Amendment counsel in the case U.S. V. Paul Hansen and Kent Hovind. The subpoena I’m putting together here is to Scott Schneider, IRS criminal agent that prosecuted Kent in 2006 and prosecuted him again in 2015. 0038 Duces tecum simply means bringing the documents to court. I’m going to read them off and it’s self-explanatory. Basically it’s a notice for Scott to bring documents with him when he appears in court and it also gives him time to get the documents together and prepare to answer questions which might be associated with the documents.
Number One:  Documentation that evidences that Hovind or Hansen did the charged claimed acts on land owned by the USA, as the USA is titled in the Articles of Confederation. 0121
Number Two:  Documentation that evidences that Hovind or Hansen did any mailings, emails, calls or filings where the land is owned by the USA
[Number Three:] Documentation that evidences that Hovind or Hansen’s mailings, emails, calls or filings passed over land owned by the USA
Number Four:  Documentation that evidences that Hovind or Hansen mailings, phone calls, e-mails were effected upon land owned by the USA
[Number Five:] Documentation that evidences that the courthouse building the cases?/places? where Hovind was tried in 2006 and 2015 and the case to be tried in May 2015 is owned by the USA.
Number Six: Documentation that evidences the attorney, Eggers, representing the USA, has a state of Florida attorney license that operates on land owned by the USA
[Number Seven:] Documentation that evidences Creation Science Evangelism workers operated on land owned by the USA in (repeats from the start) 1995 to 2006.
Number Eight: Documentation that evidences the bank that Hovind was indicted in 2006 as with structuring was operating on land owned by the USA
Number Nine:  Documentation that evidences Kent Hovind was authorized to withhold taxes for the United States as prosecuted in 2006 0342.
Number Ten:  Documentation that evidences Kent Hovind or Hansen was a resident or resided on land owned by the USA at any time from 1995 to 2015.
Number Eleven:  Documentation that evidences when and how the plaintiff was created. The plaintiff in this case is the USA, all capital letters.
Number Twelve:  Documentation that evidences what plaintiff relied upon to create to prove the court’s personal jurisdiction over the man called Paul John Hansen and the man called Kent Hovind. 0426
Number Thirteen:  Documentation that evidences the man Paul John Hansen and the man called Kent Hovind is a person named in the charged written laws of this case.
Number Fourteen:  Documentation that evidences the definition of the term “person” used in the charged written law of this case.
Number Fifteen:  Documentation that evidences the charged written law of this case has force and effect of law on land that is not owned by the USA.
Number Sixteen:  Documentation that evidences the IRS agent/agents have written authority to operate outside of the fifty United States.
Number Seventeen:  Documentation that evidences that you, Scott Schneider, knew any of the following at any time from 1995 to 2015:  (1) Kent did not have workers, Creation Science Evangelism workers, working on land of the USA [(2)] Kent had no duty to withhold any tax from any worker associated with Creation Science Evangelism the ministry. (3) Kent had no banking activity 0600, structuring actions associated with any illegal or criminal activity. (4) That all or some of the United States written laws as charged from 2006 to 2015 do not apply to Kent Hovind or where Kent Hovind operated. (5) What written law does the USA rely upon that gave authority to Judge Rodgers to administratively take property belonging to Creation Science Evangelism Trust and land and property not on land owned by the USA.
Number Eighteen (the last one): Documentation of the written law the United States relied upon that was the process Hansen or Hovind would have needed to follow to become a United States citizen.
That should do it.

The updated subpoena video can be seen here:

Catch-up Post

Preliminary note:  I apologize for failing to update the blog.  Just after the trial ended, I wrenched my right shoulder so badly I thought I had torn the rotator cuff. The good news is my doctor thinks I just strained it hard. With that…

Where we are at right now, at least from the legal perspective:

  • Kent Hovind and Paul Hansen were tried from March 2 to March 12, 2015.  Here is a link to Document 142 Criminal Minutes – Trial, which gives a rundown of who testified and when the jury retired and returned with the verdict.
  • Document 143 is Judge Rodgers’ instructions to the jury.
  • Document 145 is the jury verdict form for Kent Hovind. You’ll see that the jury was able to agree on only one count, which was for criminal contempt of court.  The jury based its decision on a June 28, 2007 order forfeiting property.  (Paul Hansen was found guilty on counts five and six, but I don’t have his jury verdict form.)
  • Document 150 is a mistrial order for the other three counts.
  • On March 20, the government filed a notice of intent to proceed to trial (Document 153). Subsequently, Judge Rodgers set the trial date of Monday, May 18, 2015.
  • Paul Hansen is now allowed to represent himself (aka pro se) as of April 28, 2015. The same order appoints Christopher Klotz as his backup counsel.

The tl;dr is that defendants Hovind and Hansen were found guilty of criminal contempt (Hovind – count 2; Hansen – counts 5 and 6). The government immediately requested a retrial on the three mail fraud charges which is scheduled for May 18. I will be in attendance at that trial. (Plane tickets paid for, car and hotel reserved…)

As for the small band of Kent Hovind Fan Club members (aka “Hovindicators”) who think “Pastor Hovind”* is being persecuted, they continue to make arguments which are either not germane to the current prosecution, not applicable to Kent Hovind, misleading or flat-out lies. I’ll be discussing those in a separate post.

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* The Hovindicators have taken to calling Kent “Pastor Hovind.” The problem is there is no evidence whatsoever that Hovind ever ran a church or ever served in a pastoral capacity anywhere. I believe they’re basing this on the ministerial trusts Kent Hovind purchased from Glenn Stoll as a way to avoid taxes. Judge Rodgers found those trusts invalid because Glenn Stoll, the trustee, was a “nominee title holder” for the Hovinds. He had no control over the trust real property and the CSE Foundation account. (See July 29, 2009 Order by Judge Rodgers.) Moreover, as Kent and the Hovindicators like to claim, Hovind traveled and spoke “900 times” a year before his incarceration, mostly before churches. This doesn’t give him time to be at home to pastor a church. Finally, we know from David Gibbs III’s testimony at the 2006 trial that Kent and his family were members at Marcus Pointe Baptist Church (see Testimony Volume IV at pp. 15-16). I have known quite a few hard-working pastors who shepherded their flocks and paid taxes. It annoys me to have tax protester and sovereign citizen Kent Hovind in their number.

Legal Threats Received by Anthony Jaworski from Paul Hansen

Per Rudy Davis, the one non-Hovind purchaser of a seized Hovind property was on the stand yesterday. That would be Anthony Jaworski, who bought 5720 Palafox and, if you believe his legal filing, a buttload of heartache courtesy of the Hovind family and their friends.

As soon as Jaworski took possession of the property, he received a snail mail letter addressed to “Bob.” It was from Paul Hansen, writing as the “trustee” of “5720 N Palafox Trust.” In it, Hansen makes a number of statements which basically look like an attempt to grab back the property Jaworski just purchased from the United States as part of paying back the judgment the Hovinds owed. It’s concluded by, and I quote:

“That all occupants are hereby noticed as having a duty to pay the 5720 N PALAFOX TRUST 100 UNITED STARES [sic] Dollars, as its equivalence in gold, for the use of the described Land, and property, until the day such person gives notice to the above addressed Trustee as their [sic?] vacating the property and returning the property back to the legal owner that is named as 5720 N PALAFOX TRUST.”

It’s my understanding that this letter to “Bob”came up at the trial and it was authenticated as being signed by Paul Hansen in front of a notary public.  (I could be wrong.)

I shouldn’t have to remind people, but I will:  Judge Casey Rodgers ruled in 2009 that Glen Stoll, who was then the trustee of 5720 N Palafox Trust (and other trusts) did not have a legal interest that vested in him as trustee and was superior to that of the defendant Kent Hovind. Judge Rodgers’ opinion goes into a little bit of detail, but she shows that the Hovinds kept control of the property, even though it was nominally in the hands of Stoll. For example, the Hovinds signed rental agreements with people who resided in the houses of the other trusts, when, if the property were actually held by the trust, it would have been Stoll signing the rental agreements. Judge Rodgers wrote:  “The record shows Stoll exercised virtually no control over the properties for which he was trustee, and the court agrees he acted as a nominal title holder for the Hovinds.” As a result, the Hovinds were found to be the real owners of the several trusts, including the 5720 N Palafox parcel, and the property was forfeited to the government at that point.

The tl;dr (as the kids would say) is that as of 2009, the properties were forfeited to the U.S. by judicial order, and Hovind owned nothing. Consequently, Hansen was the trustee of nothing.  Hansen is also not an attorney and his threats were completely unfounded. They were, however, indisputably nervewracking and drove Jaworski to file a lawsuit against the U.S. Treasury.

Kent Hovind is a long-time tax evader

Kent Hovind is on record as telling the New York Times, in an article published on October 3, 2003, the following:

”I haven’t filed a tax return in 30 years,” he said.

Hovind also states in the following video at 02:18:  “I haven’t filed any income tax in 28 years.”

Consider that Kent Hovind owned nine parcels in Pensacola, and Creation Science Evangelism/Dinosaur Adventure Land brought in somewhere in the neighborhood of $1 million-plus in those years, and this is a man who should have been paying taxes.

Hovind was convicted of not paying taxes for his employees, as required by law, in 2006. He was sentenced to 10 years in prison. A couple of years later, the Internal Revenue Service found him and his wife Jo liable for over $3 million in back taxes and fines. Kent Hovind should have been, as Peter Reilly of Forbes puts it, “conventionally tax compliant.” If he had been, he may not have ended up in the fix he’s currently in, where he is facing charges of mail fraud because he tried to stop the government from selling his property to pay a judgment.

How we got from there to here

…or why Kent Hovind is going on trial again.

This was written for an acquaintance who wanted to understand how the results of a 2006 case can reverberate into 2015.

First of all, keep in mind that Kent and Jo Hovind were found liable for $430,400 in forfeitures after they were found guilty of structuring. (This was a separate part of the jury deliberations.) The next step would be that the government would want to seize money, as it is nice and fungible, to pay this forfeiture.

The Order Forfeiting Substitute Property (document 212) says first that Kent and Jo Hovind have apparently moved $430,400 or the forfeited monies cannot be found.   Remember from the trial that these were withdrawals, and, I suspect, cash wage payments to employees, so it makes sense to me that there wouldn’t be $430,400 in cash available. Moreover, the last structuring withdrawal Kent and Jo Hovind were convicted of occurred on August 9, 2002, almost five years previously.

Since the money is not there, the government submitted a motion to take certain listed bank accounts and properties owned by various entities related to Kent and Jo Hovind as substitute property, sell the properties, and apply the proceeds to the forfeiture. (One bank account was in the name of Creation Science Evangelism Foundation.)

The 2007 order makes more sense if you go through a subsequent order (document 325) from July 29, 2009, regarding the Wachovia bank account and properties the government wants to seize.  The U.S. asked for this order because of the tangled nature of the ownership of the bank account and parcels. Kent Hovind had bought a “ministerial package” from Glen Stoll, a non-lawyer running “Remedies at Law” up in Washington state. As part of that, Kent restructured his organizations and put the various parcels into trusts, conveying the properties and one bank account to Glen Stoll as trustee. The court found that Stoll was a “nominee title holder” for all but one of the properties in question and exercised no real control over the properties.  The same could be said of the bank account, which was in the name of the CSE Foundation, and only Kent, Jo and Tanya (daughter-in-law) Hovind could write checks on the account. Stoll did not pay the property taxes and he was not part of the property leases. On page 12 of the order, Judge Rodgers found that Stoll had no interest in the properties.

However, Eric Hovind was able to show that he was the owner of 23 Cummings Road, because it was not in a trust like the other parcels. Eric held actual title to the property, the property had been conveyed to Eric in 2000, which is before the time of the criminal actions, Eric had paid property taxes and he’d made $70,000 worth of improvements to the property (pages 13-14). Consequently, Eric was not a “nominee title holder” and the U.S. was not permitted to take his house.

Finally, the government was ordered to sell the remaining properties now given to it as a result of this order in a piecemeal fashion, up to the $430,400 owed by the Hovinds. Any overage of funds and remaining properties were to be given back to the Hovinds.

Which brings us to the 2012 order against Creation Science Evangelism, etc.

After the properties dealt with in Document 325 were conveyed to the government, Kent’s co-defendant Paul John Hansen, apparently tried to file liens on the properties as Glen Stoll’s successor as director of the trusts which had previously owned the properties. He also tried to file a Quiet Title action in state court to have himself as trustee declared owner of the properties (at least, I’m assuming, having not seen the docs). This was removed to federal court and dismissed.

However, Hansen’s liens remained on the public records of Escambia County, and created a cloud on the title. Unless you’re crazy, you don’t buy real property with a cloud on the title. No title company will issue a policy for a property with a cloud on the title. Therefore, the US filed a separate case against the listed entities and then a motion for this order, to remove the liens and prohibit the defendants (CSE, etc.) from filing any more liens on the properties. The order notes that none of the entities named in the order responded to the judge’s order in the case to lawyer up. Therefore the judge issued a default summary judgment and order for the U.S. to take the properties. As written in point 3 on page 7:

3. Defendants are hereby permanently enjoined from interfering with the rights of the United States of America in and to the property described above in any manner including fling or attempting to file liens, claims or other encumbrances in any manner whatsoever without a prior order of this court. Defendants are also enjoined from filing or attempting to file, directly or through the services of others, new notices of lien, indebtedness, claims or purported liens, of whatever nature, with the Clerk of Court in and for Escambia County, Florida, on any property forfeited to the United States.

This is the basis of the current criminal charges against Kent Hovind and Paul John Hansen. The U.S. government alleges they committed mail fraud by filing or having filed lis pendens (which is a notice of a lawsuit which could affect ownership) on four properties now owned by the USA. Consequently, it put another cloud on the title. (As a side note, apparently the lawsuit Kent thought would be sufficient as a vehicle for the lis pendens was his Bivens action against the Bureau of Prisons for not giving him his legal documents for–he says–20 months.  It is uncertain what the status of the Bivens complaint is. Hovind’s appeal of his Bivens complaint to the 4th Circuit Court of Appeals was dismissed on January 6, 2015 for failure to prosecute.) Judge Rodgers discharged the lis pendens in October 2013.

Deconstruction of the USA vs. Kent Hovind Timeline of Events

The following timeline of events was published on the FreeKentHovind.com blog.  It is rather inaccurate and incomplete. I will provide inline commentary, links and deconstruction of this timeline, which will also be incomplete. (I would note the timeline is littered with grammar gaffes and punctuation errors. I will not be commenting on these.)

EDITORS NOTE: The USA vs Kent Hovind timeline is interactive – meaning events have links to court documents, news articles and media. Kent Hovind has requested certain language edited and elements added. The timeline will continue to update as time progresses.

View interactive timeline in pdf form.

The last time I checked (o7:00 PST Tuesday, February 24, 2015), this PDF timeline had misspelled names and is even more full of errors than the web page  timeline.

January 1989 – Kent Hovind moved to Pensacola FL with family.

March 1989 – Wrote letter to editor pnj.com about Creation

No link is given to this letter.

Oct. 1989 – Debate at University of W. Florida on Creation vs Florida

No link is provided to this debate. It’s also unclear as to why this debate, of the many Kent Hovind has done over the years prior to his incarceration, is so significant. Was it Kent’s first debate?

Nov. 1989 – Begin’s Creation Science Evangelism part time

Question:  How was Kent supporting himself during this time? As a teacher?

September of 1990 – Began CSE full-time

February 16, 1996 – IRS raided CSE ministry and seized vehicles while Kent Hovind was absent from his home

Per her testimony at the 2006 trial, agent M.C. Powe stated that the raid was undertaken after Kent Hovind failed to respond to assessments due from failing to file and pay personal income taxes from 1989 to 1994. Ms. Powe testified that she was sued at least three times.

Missing from the timeline at this point is Kent Hovind’s attempt to get back the vehicles from the IRS by filing a pro se Chapter 13 bankruptcy on March 1, 1996. On March 8, 1996, Hovind filed a “Petition for Return of Seizure” to get back the vehicles. The back and forth between Hovind and the IRS is documented in Judge Lewis Killian’s decision of June 5, 1996. The upshot was that Hovind’s bankruptcy was dismissed for being filed in bad faith. The whole opinion is worth a read if only because it demonstrates clearly that Kent Hovind has been a tax evader since 1989 and only pays up when property is confiscated.

August 15th, 1996 – Request opinion from a professional CPA, Tax Attorney and IRS Registered Tax Preparer

The file containing Kent Hovind’s original letter and responses from the tax “experts” is also available here. It’s interesting how Hovind paid these people in cash.

August 19th, 1996 – Response from Tax Attorney Guy Curtis

September 10th, 1996 – Response from IRS Enrolled Tax Preparer John J. Schlabach

September 12th, 1996 – Response from CPA Fred M. Ortiz

Fred Ortiz was not a CPA, only a bookkeeper. Moreover, Ortiz was convicted in 2007 for his participation in a tax avoidance scheme where he provided a letter for a reliance defense, similar to what Kent Hovind requested above.

Peter Reilly’s Your Tax Matters Partner blog entry of February 22, 2015 goes into considerable detail about Hovind’s reliance on opinions from tax “experts.” It is well worth an interested person’s time to see what other experts have to say about this. Basically, given the hundreds of thousands of lawyers, CPAs and tax preparers in the USA, Kent went shopping for his three “experts.”

Appx January, 1999 – Kent Hovind’s ministry merges with Faith Baptist Fellowship with Pastor Moonihan (write pastor moonihan and have actual paperworks?)

The name is “Mooneyhan.”

Appx Jan 2000 – Began Dinosaur Adventure land

March 18 2002 – Received first FOIA on Kent Hovind’s individual master file

The link here is to the transcript to the January 19, 2007 sentencing transcript of Kent Hovind.

Appx August, 2002 – Faith Baptist Fellowship dissolved

According to the charges against the Hovinds, the last structured withdrawal of $9,600.00 took place on August 9, 2002.

Missing from this recounting is September 13, 2002, where Kent Hovind was charged with failure to follow proper permitting procedures with regards to Dinosaur Adventure Land. See Pensapedia.

Appx November, 2002 – Kent Hovind met with Glen Stoll with Remedies at Law at Edmunds WA

This is only a link to the Remedies at Law website. Here is a link to a 2005 preliminary injunction prohibiting Glen Stoll from selling his tax remedies.

December 16th, 2002 – Freedom of Information Act ‘Kent Hovind owes no tax and is not a tax protestor

This is a link to an affidavit Kent Hovind wanted to present to the grand jury investigating his case. There is no independent evidence of this statement beyond what Hovind says.

December 27th, 2002 – Kent Hovind sent letter to IRS Scott Schneider asking for guidance on tax issues

I don’t believe it is up to Scott Schneider, who is a special agent of the Internal Revenue Service, and whose job it is to investigate tax non-compliance, to tell Kent Hovind how to become legally compliant with his taxes. There are probably hundreds of CPAs, bookkeepers and tax attorneys in the Pensacola region who could have helped the Hovinds with their taxes. They apparently did not take advantage of such expertise in the 3.5 years between this date and the Hovinds’ arrest in July 2006.

Appx February 2003 – Kent Hovind’s Ministry CSE became Ministry Trust under Glen Stoll at Remedies at Law

See above.  Glen Stoll was prohibited from selling his trusts in 2005.

February 27 2003 – 3rd FOIA response

Again, no links to whatever the Hovinds got from the IRS.

March 2003 – Church bills were paid with credit card, cash withdrawals stopped.

Appx Nov 2003 – 4th FOIA response – where they said specifically Kent Hovind is not a tax protestor and owe’s no tax 1995 – 2001

Again, no evidence of this statement beyond Kent Hovind’s word.

April 13 2004 – IRS raided ministry, threatened Jo Hovind in order to seize $42819.73

Jo Hovind is reported to have told the agents there was $3,000.00 on site. She was off by approximately $39,000.00. Additionally, the raid was not to seize money, but to obtain documentation regarding taxes that had not been paid by Creation Science Evangelism and Dinosaur Adventure Land. It was this documentation that was the basis of the 2006 criminal case against Kent and Jo Hovind. The IRS also found weapons on the property.

June 3 2004 – IRS sent notice/bill to Kent Hovind saying they transferred the money of $42819.73 from criminal to civil division. IRS notifies Kent Hovind that they created a tax bill for _ in civil division and had given the money seized as evidence of “crime” to civil division to pay the the bill.

As it turns out, both Kent and Jo Hovind owe in excess of $3 million in taxes and fines for tax years 1998-2006. That $42,819.73 is a drop in the bucket towards that tax assessment.

September 15 2005 – Kent Hovind files 3rd affidavit to grand jury (maybe find out when Grand Jury started)

It’s just worth noting that grand jury proceedings are secret and Kent Hovind does not have a right to present to the grand jury.

January 19 2006 – Received more FOIA info on individual master file

I have to assume this was part of the hundreds of FOIA requests filed by Hovind between at least 2002 and 2006. Again, we do not have any copies of what was revealed.

Also missing from this timeline is June 5, 2006, where Kent Hovind pled nolo contendere to three counts related to building and permits at Dinosaur Adventure Land.  Additionally, Hovind paid the delinquent taxes for 2003-2005 on June 19, 2006 in the amount of $10,402.64. (See Pensapedia.)

July 11 2006 – Grand Jury returned a seal indictment

The indictment was sealed, presumably because the Hovinds had passports and could have fled the country prior to the indictment. Additionally, the Hovinds had guns in their home, as noted during the 2004 search.

July 13 2006 – IRS using escambia county sheriffs to raid home and arrest Kent Hovind and Jo Hovind

See previous note for the circumstances surrounding Kent and Jo Hovind’s arrests.

Between – 200 court documents filed back and forth (ernie may have list, or on pacer.gov)

This is untrue. According to the U.S. v. Kent and Jo Hovind 2006 trial docket, the 100th court document was filed on November 14, 2006, and is a request for acquittal.

November 2 2006 – Kent Hovind and Jo Hovind go to prison (maybe find out when the trial happend/how long it started) for

Kent Hovind was taken into custody when he was found guilty and was in the custody of a local county jail until his sentencing on January 19, 2007. Jo Hovind went to jail later after her sentencing in 2007.

June 28 2007 – Judge Rodgers orders IRS to seize church property

This is incorrect. Judge Rodgers granted the government’s motion to seize substitute property after it was found that the Hovinds did not have the money to pay the $430,400 forfeiture from their convictions on the 45 structuring counts. It also should be noted that the “church property” was set up into sham trusts sold by Glen Stoll to Kent Hovind.

appx July 2007 – John David Roy Atchinson siezes church bank account

No documentation. It might as well not have happened.

September 16 2007 – Atchinson guilty of “enticement of aggravated sexual abuse with a minor under the age of 12″

Oct 5th 2007 – Atchinson hangs himself in prison cell

These two entries are actually pretty shameful. Roy Atchison was not the prosecutor on the Hovinds’ case. Rather, Michelle Heldmyer argued the case.  Atchison apparently filed two documents (209 and 211) on the case docket. Number 211 was a withdrawal of 209. Absent any other evidence, this is the extent of Atchison’s involvement in the 2006 Hovind case. I would label this one of the many, many red herrings presented by the Hovindicators.

I would also note that just because a prosecutor turns out to be a child molester DOES NOT EXCUSE the bad acts of Kent and Jo Hovind.

April 5th – 11th 2008 –  8 affadavits submitted to court accusing Judge Rodgers of “worse than rape” claim

The file referenced here contains only five affidavits. It’s worth noting that the five affidavits were signed in front of the same notary public within the same week in April 2008.  Two of the affidavits are by members of the Hovind family, and one of those is Jo Hovind, who was convicted along with Kent of 45 counts of structuring. Additionally, there is an e-mail in the file indicating the documents were to be sent to Lindsey Springer for some purpose.  (Why not directly to the court or to Kent’s attorney?) Lindsey Springer is currently a guest of the Bureau of Prisons until 2023 for his own convictions on tax evasion charges.

July 2009 – Judge Rodgers denies Glen Stole objection/motion

The whole order approving of the forfeiture is here. Judge Rodgers basically found Glen Stoll’s trusteeship of the properties to be a sham. However, she did find the parcel conveyed to Eric Hovind in 2000 was in fact Eric’s and the government was not permitted to take that property.  The judge also put a restriction on the government that it could only sell off the parcels piecemeal up to the amount owed, and then any extra monies and remaining property were to be turned back to the Hovinds.

July 2011 – Anthony Jaworsky purchased church property 5720 N. Palafox

Jaworski filed a complaint in the federal district court in Washington, D.C. in 2013 stating he’d been harassed by the Hovind family and their employees after his purchase.  The complaint was dismissed in 2014.

Appx March 2012 – Kent Hovind finally receives legal box/legal paperwork 20-months after indictment

June 11 2012 – Government put in motion for default judgement

On June 27, 2012, Judge Rodgers issued an order in the case captioned United States v. Creation Science Evangelism, Creation Science Evangelism Foundation, 21 Cummings Road Trust, 400 Block Cummings Subdivision Trust, 5720 N. Palafox Trust, 5800 N. Palafox Trust and 29 Cummings Road Trust. This order granted summary judgment to the U.S. and dissolved the liens put on the properties by Paul Hansen. Moreover, the defendants were permanently enjoined from filing liens on the properties or causing others to file liens against the properties. Finally, a copy of the order was to be filed in the Escambia County records.

Oct 12 2012 – Kent Hovind moved to Burlen New Hampshire

April 18 2013 – Alexander Odis Matthew becomes Kent Hovind’s cell-mate

April 22 2013 – Filed bivens claim in SC for court system for keeping Kent Hovind’s legal box/paperwork from him for 20-months.

This is worth a bit of commentary because it is this action which is the basis of the below lis pendens. Hovind apparently has the idea in his head that if he were to file a Bivens claim, that could be used as a tool to hold on to the remaining forfeited properties. It does not appear to have occurred to Kent that even if he won his Bivens case (which appears to have been dismissed for lack of action), that it wouldn’t give him his property back.

May 19 2013 – Kent Hovind filed a lis pendens.

Someone filed the lis pendens for Kent Hovind since he was incarcerated outside Florida at that time.

May 22 2013 – Kent Hovind files a complaint against Judge Rodgers

May 29 2013 – Lis Pendens dated as being received

May 30 2013 – Kent Hovind files 2255 motion in the district court of Florida.

Links to the 2255 motion:  part 1 and part 2.

August 18 2013 – Emails/Letters between Kent Hovind and Paul Hansen disputing with each other how legal defense funds are being used for Kent Hovind’s defense or CSE’s defense. (In 2007, Judge says there is no trust, when they seized property, that Kent Hovind is on his own – a way for them to go after Kent personally instead of abiding by the IRS exemption)

This is interesting. I would like to see the letters. Perhaps they will show up as an exhibit at the trial.

August 22 2013 – Kent Hovind appeals to panel of the 11th circuit about complaint filed against Judge Rodgers

Oct 2 2013 – Kent Hovind’s Lis Pendens nullified, ignore lis pendens.

This is more properly labeled Amended Motion on Order for Discharge of Liens. The photocopy here was registered with Escambia County.

Nov 19 2013 – Kent Hovind files $25 million dollar tort claim that is still active

This is just a typewritten paragraph and not a filing that can be looked up and referenced.

Dec 5 2013 – The 11th circuit dismisses Kent Hovind’s complaint on Judge Rodgers with out addressing any of the issues (letter/documentation)

Dec 9 2013 – Kent Hovind files complaint against Michelle Heldemeyer in Pensacola FL and Judge Rodgers writes back that she never received a complaint.

No documentation.

Dec 19 2013 – Kent Hovind files complaint against Prosecutor Michelle Heldemeyer in CO

No documentation.

April 10 2014 – CO committee dismisses complaint

No documentation.

May 1 2014 – Kent Hovind files complaint to IRS Treasury Department

No documentation.

SIDENOTE TIMELINE: August 19 2014 – Paul Hansen does not appear before Grand Jury in dispute of Government Jurisdiction.

NOTE: All events are evidenced in official court documents
Please visit 2peter3.com for court documents

Results of Friday’s pretrial hearing by Kent and Rudy

Kent called Rudy last night after he returned to the Santa Rosa County Jail. After some discussion of how worried Ernie Land got because Kent didn’t show up at 9 am when Ernie thought Kent’s hearing was to be held, they moved into the meat of the hearing.

The four motions in limine requested by the government were granted. They covered:

1) jury nullification
2) bringing up past US counsel
3) arguments about improper actions of the IRS
4) arguments about changes in policy

The last three items, as Kent and Rudy explain them, definitely link back to Kent’s previous case and obviously Kent wants to retry those things even though they are not part of the current case. Jury nullification goes without saying.

Apparently the judge is taking Paul Hansen’s jurisdictional challenge under advisement. I don’t think this means what Kent/Rudy/Paul think it means. I think she’s probably got her clerk writing a smackdown for this nonsense.

That said, Kent’s attorney got the Anthony Jaworski document excluded from the case. It is probably irrelevant for proving mail fraud, but it does go to the state of mind of the Hovind family members with regards to the land on Palafox Rd.

About 17:30, Kent goes off into this amazing discussion that he learned from another inmate while being held at the courthouse yesterday. It’s a version of that old “strawman” / birth certificate deposit account thing that goes through sovcit circles. What Kent was telling Rudy, and what Rudy was lapping up uncritically is that when a person is sentenced, the government creates a bond for the length of time the person is going to prison for. Kent used the figure $30,000 a year. So if a person gets 10 years, the bond is worth $300,000. So then the government sells this bond to an investor at a discount price for 10 years, with the full amount payable at that time. Of course this is crazycakes.

Readers, I felt the brain cells dying when I heard that. I feel dumber for having listened to this call.

We’ll know better the true results of the pretrial hearing once the orders are posted to PACER.

Hovindicators take up Scientology-style tactics

Here’s a video by a guy named Kevin Dixon, which Rudy Davis has mirrored on to his YouTube.  The first 7:30 is about me and Robert Baty, but mostly me.  It includes some really bad Biblical exegesis. Below you will find my response (which I posted to both Kevin and Rudy’s YouTube pages).

Hi, I’m Dee Holmes, one of the people you attacked in this video. It’s so nice to see how you spent your evening, making a video to criticize me. I put up that picture of me from December 1968 on my Facebook page at about 5:30 p.m. Mountain Time today, a little over four hours ago. In that same time, I’ve read a book, taken a nap, gone out to get gas and pick up some fast food. Seriously, I could think of better things to do than to waste my time making a video this laughably bad.

For the record, I am employed by a Fortune 500 company and not the government. Hovindology.com is paid for by me and is not a production of any government agency. (Seriously, the government can do better than an out of the box template from WordPress, let me tell you.)

Now let me explain something to you. I have lots of experience with being “dead agented.” The Church of Scientology, you know, the space alien outfit called “the cult of greed and power” by Time magazine back at the beginning of the 1990s, tried the same thing on me starting about 20 years ago. Their garbage is still up on the web and it’s easy to find. This is the thing:  20 years on, I look prescient because I was fighting Scientology long before it became the butt of late night jokes.

I’m not saying that Kent Hovind is going to rise in popularity enough to be the butt of late night jokes (for that, he’d probably have to jump on Oprah’s couch, like Tom Cruise did). The point is, though, I have experience with people calling me names, libeling me, plastering pictures of me around the neighborhood with the words “RELIGIOUS BIGOT” underneath them, and having my home picketed.

Oh yeah, and Scientology used to claim that its opponents were being paid by “Big Pharma.” We who were opposed to Scientology used to laugh about it.

By the way, your Biblical exegesis is horrible. The Knights of Xenu is a joke group, based off a belief of Scientology that 76 million years ago an evil galactic dictator named Xenu rounded people up, brought them to Earth, blew them up in volcanoes and then captured their souls on an electronic ribbon. Today, we’re all infested with these souls of “body thetans,” as Scientology calls them. And Scientology will sell you lots of very expensive “courses” to basically exorcise you of these “body thetans.”

Scientology doesn’t want people to know about Xenu until they’ve paid in hundreds of thousands of dollars, so was quite annoyed when its trademarked secret scriptures made it on the Internet back in 1995 and the story of Xenu got out, to the laughter and derision of people everywhere. You know, L. Ron Hubbard, the founder of Scientology, said people who weren’t prepared to learn about Xenu would get pneumonia and die. The Washington Post observed that there wasn’t a mass pneumonia outbreak after the secret of Xenu hit the Internet.

And finally, even though you slandered me in this video by saying I was employed full-time on the taxpayers’ dime, I won’t be asking you to take down this video. I want my friends and associates to see this thing. Because they know me and I expect they’d get as much of a laugh out of this as I did.

P.S. It’s Dee-na, not Dee-ann-a.  That’s why I go by “Dee,” because nobody pronounces it correctly.

–dee holmes
http://www.hovindology.com
mirele@sonic.net

I turned Rudy Davis into the authorities and I’m glad I did

Rudy Davis has been on a Jezebel kick lately. He’s been calling Judge M. Casey Rodgers and the federal prosecutors Pamela C. Marsh and Tiffany Eggers (as well as Bekah Horton of Pensacola Christian College) “Jezebels.”

Yesterday, he posted this video of 2 Kings 9:31-32.

The next verse (33) is where Jezebel is tossed out the window and is trampled underfoot and killed. At that point, I decided it was time for me to get off my fat duff and report Rudy to the appropriate authorities, and I did. I proceeded to let Rudy know what I’d done and I (Dee Holmes) got this as a response:

Reprobate turns me into authorities for promoting God’s perfect Word.

Rudy’s Hovindicators proceeded to dig up old Scientology dead agenting from the 1990s on me. *shrug* Been there, done that, heard the dirt, so what?

Today, Rudy did go to verse 33:

Yup, my decision to turn in Rudy to the authorities is confirmed.

You call a judge and federal prosecutors Jezebels, then post videos about the fate of Jezebel–don’t tell me that’s just the Bible you’re preaching. You cannot hide your call to action behind Bible verses, Rudy Davis.