Recap: Paul Hansen Speaks to Rudy Davis February 6

Kent Hovind’s co-defendant Paul John Hansen called Rudy (LoneStar1776) Davis yesterday. In the first part of the call, Hansen snows a credulous Rudy Davis regarding jurisdiction.

About 09:45 Hansen goes on about how he had to notify the title company because he was a “trustee of a church ministry” and he had a “moral duty” to let them know that the property (which, I will remind you, had been forfeited to the US) was tied up in litigation. It sounds like to me that Hansen is going to use the defense that he had a Christian duty to let everyone know that they were going to pursue an action against that property. “How can a Christian conviction be converted into a crime?” Hansen says. Then he goes on about how if he mails a letter to Pensacola, how does he (Hansen) know that it’s going to move through a “federal zone” to give the feds jurisdiction? “I don’t,” Hansen says. “I didn’t know it was going to be moved through a federal zone.” Of course, I doubt his sovereign citizen jurisdictional argument is going to even see the light of day in court, although I strongly suspect he’s going to give his public defender a case of agita before the end of the trial, if the guy doesn’t already have one.

Rudy asks:  Why are you being targeted?  Hansen: “Oh, because Kent Hovind is a high-profile person who communicates with millions of people every year. They want to discredit him in every possible way they can.”  (I think not paying your taxes due and owing is enough discrediting in my mind.) Hansen goes on to say that “they” will spend money to get Kent Hovind, because he costs “them” tens or millions of dollars. “They’ll even kill him,” Hansen said. Rudy lets Hansen have the last word and Hansen goes off on some conspiracy theory about a guy (whose name is unclear) who was injected with cancer cells and killed by “them.” Yay conspiracy theories.

Deconstruction of PRWeb Press Release

PRWeb didn’t let Rudy get away with his usual attacks on Judge Rodgers, so this press release is a bit toned down. It’s mostly opinion, but there are a few “facts” here that need additional explanation and deconstruction.

Grassroots Campaign Brings Awareness to Plight of Imprisoned Baptist Minister Kent Hovind

This press release is being issued by a growing grassroots campaign, including Mr. Ernie Land and Mr. Rudy Davis, to raise awareness about the plight of Dr. Kent Hovind. Dr. Kent Hovind has been in prison for eight years and is now facing possible life imprisonment on new charges.

Pensacola, FL (PRWEB) February 05, 2015

Dr. Kent Hovind, imprisoned Baptist Minister and world-renowned Creation Science Evangelist, is scheduled for trial on March 2, 2015, facing new charges of alleged mail fraud. The case number is #3:14-cr-91/MCR and the court of record is the United States District Court for the Northern District of Florida Pensacola Division. This case accuses Hovind of intent to defraud the United States through a Claim of Lien Affidavit of Obligation with attachments and four Memoranda of Lis Pendens.

This case is actually an outgrowth of the 2006 cases U.S. v. Kent Hovind, U.S. v. Jo Hovind. (Document repository here.)  On November 2, 2006, Kent Hovind was found guilty of 12 counts of tax evasion, 45 counts of structuring (also known as “smurfing”) and one count of obstructing the IRS. As part of his sentence, Hovind was found liable for $604,874.87 in employment taxes for the tax evasion counts and forfeited $430,400 for the structuring.

It became clear that the Hovinds did not have the cash to pay the $430,400 forfeiture, so the U.S. government asked for an order to seize real property owned by the Hovinds (as detailed in the U.S.’s motion for summary judgment dated 10/31/2008). Judge M. Casey Rodgers issued the requested order on July 29, 2009 allowing the U.S. to seize 11 properties owned by the Hovinds (either directly or via “trusts” set up by Glen Stoll, as detailed in that order) and sell them to make up the $430,400 forfeiture.  Judge Rodgers noted that the value of the land forfeited exceeded the amount owed by the Hovinds, and also ordered that the land be sold piecemeal only up to the amount owed, and then the rest should be returned to the Hovinds.

Thus, eleven properties were forfeited to the government. At that point, Kent Hovind and his friends (including Paul John Hansen, the other defendant in the current case) began filing liens against the properties in the records of the Escambia County Clerk in order to cloud the title and prevent the sale of the properties. As a result, the government sought and received an order on June 28, 2012, enjoining Creation Science Evangelism and the trusts which had owned the properties forfeited from filing liens on the property:

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.

Despite this order, Kent Hovind caused lis pendens to be filed against four properties on May 29, 2013.  At the time, Hovind was incarcerated in New Hampshire and presumably the lis pendens were transmitted to someone else, who filed them with the Escambia County Clerk. On October 2, 2013, Judge Rodgers issued an order that the lis pendens were to be dissolved and her order was to be appended to the properties in the county records.  Additionally, the government was ordered to show cause as to why Hovind should not be held liable for criminal or civil contempt.  This is the basis of the current action, which was changed from a criminal contempt case to the current charges of mail fraud. (I-Dee Holmes-presume this is due to the involvement of Paul John Hansen in the alleged crimes, but that has not yet been proven.)

Dr. Hovind, age 62, is known by thousands of fans as “Dr. Dino” due to his passion for dinosaurs. He is the husband of Jo Hovind, father of three, and a grandfather. If convicted, his sentence could range from 20 to 100 years. At the news of the new charges and upcoming trial, longtime Hovind supporters have begun a campaign to enlist the help of congressmen to investigate Hovind’s case and to increase public awareness of the new charges being brought against a man who has taken a vow of poverty.

As noted above, Hovind was found to have constructive ownership of eleven properties which were forfeited to the U.S. government. Hovind attempted to obscure the ownership of those properties by placing them within trusts, but the court saw those as sham attempts to get around the forfeiture. Moreover, Hovind’s operations (Creation Science Evangelism and Dinosaur Adventure Land) took in over $1.5 million a year at their height per testimony at the 2006 trial and Hovind had effective control of these funds, again, despite the fact that he tried to obscure this via the use of trusts sold to him by Glen Stoll. (Stoll was enjoined in 2005 from selling his “ministerial trust” packages.)

Supporters of Hovind include Rudy Davis, who urges people to “pray, watch Hovind’s videos on YouTube, get educated about the case, sign the petition, donateto and support the Free Kent Hovind movement, and write to Hovind in prison.”

Potential supporters should also investigate thoroughly the information contained on this website, which will disabuse some notions being spread by the Kent Hovind Fan Club.

Information regarding the campaign can be found at,http://www.FreeKentHovind.com.

In January of 2007, Hovind was sentenced to 10 years in prison for allegedly violating RICO statute and IRS employer tax laws (Case # 3:06-cr-00083-MCR-2 USA v. HOVIND et al; Court of Record in the United States District Court for the Northern District of Florida Pensacola Division).

As noted above, Kent Hovind was convicted of 12 counts of tax evasion, 45 counts of structuring and one count of obstructing the IRS.  No RICO charges were returned by the grand jury and Kent Hovind was found guilty of all the charges for which he was indicted on November 2, 2006.  I (Dee Holmes) can only say that this is an expansion of the Kent Hovind Legendarium by throwing in a non-existent RICO charge.

In Kent’s sentencing trial transcript from January 19, 2007, Kent stated “Our ministry has been demonized through the media.”

Interestingly, up until January 19, 2015, the only copy of the transcript of Hovind’s sentencing was a redacted copy which only included testimonials from Kent’s son Eric, a couple other people, and Kent’s own allocution/defense. Consequently, for many years, people received a very one-sided presentation of what happened at the sentencing. I (Dee Holmes) put out a request for the complete trial transcript, received it and made it available.  Interestingly, after the complete transcript became available for anyone to view, Hovind’s followers, including Rudy Davis, really amped up the volume on a longstanding accusation that Judge Rodgers had called Hovind’s crimes “worse than rape” (which does not exist in the complete transcript.

#############

Contact: Rudy Davis
972-839-9848
ruddavis(At)yahoo(Dot)com

For further information:

Dee Holmes
mirele at sonic dot net

First Look at PRWeb press release

Rudy Davis managed to work out his problems with PRWeb and his Hovind press release went out last night. I (Dee Holmes) have not had a chance to examine the document thoroughly, but I noticed one whopper to add to the Kent Hovind Legendarium.

In January of 2007, Hovind was sentenced to 10 years in prison for allegedly violating RICO statute and IRS employer tax laws (Case # 3:06-cr-00083-MCR-2 USA v. HOVIND et al; Court of Record in the United States District Court for the Northern District of Florida Pensacola Division).

http://www.prweb.com/releases/2015/02/prweb12497237.htm

As a reminder, Kent Hovind was convicted of 12 counts of tax evasion, 45 counts of structuring and one count of obstructing the IRS. RICO was not involved.

Additional comments are forthcoming. (Some of us have jobs and lives beyond countering the falsehoods of the Kent  Hovind Fan Club.)

The “New American” regurgitates Rudy Davis’ press release

Rudy Davis issued a press release on February 2 via the “Christian News Wire.”  Today, a website called the “New American” proceeded to regurgitate the talking points. Here we go with the deconstruction. The article will be in green font:

As Pastor Faces Lifetime in Prison, Supporters Argue Persecution

Pastor Kent Hovind, a powerful advocate of biblical creationism who has already served almost 100 months in federal prison as part of what his supporters say amounts to a ruthless government campaign of religious persecution,

Kent Hovind was convicted of 12 counts of failing to pay income and Social Security taxes for his employees, 45 counts of structuring (a charge usually reserved for drug dealers and terrorists) and one count of obstructing the IRS.  The trial transcripts, sentencing hearing and other documents related to this 2006 case (with the exception of the appellate decision) can be found at this link.

is now potentially facing up to 100 years behind bars. As federal prosecutors prepare to make their case for keeping Dr. Hovind incarcerated for the rest of his natural life, however, a growing grassroots campaignacross America is demanding that he be set him free — and that those responsible for allegedly railroading him be held accountable, including potentially the judge, who has developed a reputation among those following the case as having a strong anti-Christian bias.

I think the most appropriate way to deal with this is to quote Judge M. Casey Rodgers, from Hovind’s sentencing (pages 105-106):

All right. Let me make a few things clear before I impose sentence in the case. First, I want you all to understand and be clear on the fact that this case is not and has never been about religion. It was Mr. Hovind, not the government, who injected religion into this case during this trial.

Moreover, the charges in this case (tax evasion, structuring and obstruction of the IRS) do not contain an element that says “you must be a born-again, on fire Christian to be convicted of this offense. And, finally, Bekah Horton, the namesake of Christian homeschooling book publisher A Beka Book, took the stand against Kent Hovind at the 2006 and testified against him.

The alleged anti-Christian bias from Judge Rodgers comes from her handling of a case entitled Does v School Board For Santa Rosa County, Florida (link is to the amended consent decree from 2011.  It should be noted that the school district originally entered into a negotiated consent decree without a trial in 2008. In 2009, there were reports the consent decree was violated and there were some court hearings to determine if school officials had violated its terms, which resulted in the above-linked consent decree.  No trial was ever held.

With the IRS now embroiled in escalating scandal surrounding politically motivated attacks against conservatives and Tea Party groups, analysts say Hovind’s case is now especially important and ought to be probed by Congress.

Red herring. Hovind’s case has nothing to do with the alleged IRS scandal.

There are also a number of irregularities in every step of the process that resulted in the pastor landing behind bars, his supporters say. Meanwhile, the Justice Department attorney who secured Hovind’s original conviction was arrested for attempting to rape a child shortly after he won the case against the pastor.

The assistant U.S. attorney on the case was Michelle Heldmyer. She tried the case in front of the jury. The rapist was assistant U.S. attorney J.D. Roy Atchison. He filed exactly two documents in the case, numbers 209 (6/26/2007) and 211 (6/28/2007) on the docket of the Kent and Jo Hovind trial, which can be found here:  http://www.hovindology.com/?page_id=4 . Number 211 was a withdrawal of number 209. So Atchison’s involvement in the 2006 Hovind case was virtually nil. On top of that, Atchison wasn’t arrested until September 16, 2007, which is months after Kent went to prison. (Atchison committed suicide on October 5, 2007, obviously before he could be tried.)

Critics of the prosecution cite that, and other facts, as further evidence that Hovind was targeted for his beliefs and his effectiveness in challenging the evolution theory and other key elements of the secular faith, rather than for actual tax violations.

If this were true, then why isn’t Ken Ham, head of Answers in Genesis and the promoter of the Creation Museum, not in prison?

Dr. Hovind’s original case, which resulted in the first 10-year prison sentence, had raised eyebrows nationwide long before the latest twist in the ordeal. After going through three grand juries to finally get a trial,

Hovind was under investigation by the IRS long before his home and place of employment were raided in April 2004. He and his wife were indicted in July 2006. It should be noted that grand jury terms are for 18 months. It is entirely possible that multiple grand juries could have sat during the investigation period. Additionally, it would be a breach of grand jury secrecy and a violation of the law for there to be a leak about how many grand juries had heard the Hovind case.

with a judge whom critics said displayed blatant hostility against Christians,

See above for how ridiculous this is.

Hovind was convicted of a number of “financial crimes.” Taxation-focused analyst Peter Reilly, following the case in Forbes, suggested Hovind may have followed bad advice from a “tax protester.”

Hovind has a long history as a tax protester.  Agent M.C. Powe testified in 2006 that after she seized vehicles from Kent Hovind in 1996 to make up a tax arrearage for the years 1989-1994, she was sued at least three times by Hovind. (See trial transcript volume 2 for Powe’s testimony.)

In 1998, both Kent and Jo Hovind signed a sovereign citizen style document attempting to revoke their signatures and claimed (as in original):  “I/WE ARE NOT A U.S. CITIZEN, NOT RESIDING ON ANY FEDERAL TERRITORY,” which is standard sovereign citizen lingo.  Another Sovereign citizen “tell” are the references to the Uniform Commercial Code (UCC). In the 1998 document, Hovind references UCC sections 2-608, 1-103, and 1-207.

Daniel Nelson, a former employee of Creation Science Evangelism, also testified that Joe Sweet taped a video at CSE about taxes (trial transcript, volume 3, pages 78 ff).  Nelson testified (with sidebars omitted):

Q. At some point in time, prior to January of 1998, did you attend a videotaping event?
A. Prior to ’98?
Q. Prior to 1998. Let me throw out a name and see if this means anything to you. Joe Sweet.
A. Yes, I know Joe Sweet.
Q. Did Joe Sweet give any talks or lectures at CSE?
A. Yes.
Q. What was the subject matter of his talks or lectures?
A. I think it was Good News, was the title of the speech.
Q. What was the subject matter?
A. Taxes. (page 78)

(skipping to page 80)

Q. Mr. Nelson, we were talking about this tape recording of Joe Sweet. Do you have an approximate time frame for this particular tape recording?
A. No. You threw me off when you said it was prior to ’98,because I don’t remember it being before I even came there.
Q. You don’t remember one way or another?
A. No.
Q. All right. Tell me about the circumstances — before you tell me about what Mr. Sweet was saying, tell me about the circumstances surrounding the taping, who was there, who was doing the taping, where was it.
A. It was on the gazebo at the headquarters. Mr. Sweet wanted a video copy. We had the equipment to be able to do that for him, and Mr. Hovind offered to allow the recording to happen so that he could have it for his own ministry. Several of — friends and family and stuff like that were invited, just so that there would be an audience for audience shots.
Q. Who actually did the videotaping?
A. I don’t know
Q. Was Mr. Hovind in attendance?
A. I don’t know the answer to that.
Q. How about Mrs. Hovind?
A. I believe Mrs. Hovind was there.
Q. And you were there?
A. I was there.
Q. Any of the other people who worked there at CSE?
A. I don’t remember.
Q. Do you know how big an audience there was?
A. I would doubt that it was probably more than 10, 12 people.

(page 84)

Q. Thank you for your patience, Mr. Nelson. I was asking about generally the subject matter of the lecture that Mr. Sweet gave that was recorded.
A. It was about taxes.
Q. And what position was Mr. Sweet taking on taxes?
A. That it was not necessary to pay them.

Note that title, Good News. In 2002, the United States got an injunction which states the following:

4. Both EDM and Sweet (either individually or doing business thorugh any entity) and their representatives, agents, servants, employees, attorneys, and others acting in concert with any of the, are immediately and permanently enjoined from directly or indirectly:

(a) Organizing, promoting, marketing, or selling the tax shelter, plan or arrangement entitled “GOOD NEWS for FORM 1040 Filers:  Your Compliance is Strictly Voluntary! BAD NEWS for the IRS! Everything You Ever Needed to Know About the Income Tax That the IRS Is Afraid You’ll Find Out” or any other abusive tax shelter, plan, or arrangement that incites taxpayers to attempt to violate the internal revenue laws of the United States or unlawfully evade the assessment or collection of federal tax liability; [emphasis added]

Also, Joe Sweet is currently a guest of the Federal Bureau of Prisons as he was sentenced to 10 years in prison in 2010 for (as the appellate opinion put it):

conspiracy to defraud the United States by advocating the intentional disruption of the assessment, ascertainment and collection of federal income tax, in violation of 18 U.S.C. § 371. Defendant Sweet was also convicted of corrupt interference with internal revenue laws, in violation of 26 U.S.C. § 7212(a), and two counts of criminal contempt, in violation of 18 U.S.C. § 401(3).

The evidence is quite clear that Kent Hovind is a tax protester and sovereign citizen. He believes he does not have to pay any taxes, nor does he believe he has to obtain any building permits. (See Pensapedia for a long fight Hovind had with the city of Pensacola over a permit for Dinosaur Adventure Land.)

Hovind, though, has consistently maintained his innocence throughout the ordeal, and growing numbers of supporters across America agree with him. Even if he was in fact guilty of the charges, which Hovind and his supporters deny, critics of the prosecution and court case have been pointing out that the average jail time for those convicted of tax-related crimes in 2013 was 14 months. Many simply pay a fine.

As just noted, Joe Sweet is currently serving a 10 year sentence. Another friend of Kent Hovind’s, named Lindsey Springer, is also a guest of the Bureau of Prisons until 2023 due to tax evasion.

Obama ally and race-monger Al Sharpton, for example, who still owes millions in back taxes, has visited the White House dozens of times in recent years. Timothy “TurboTax” Geithner, who failed to pay his taxes despite signing an agreement indicating that he needed to and understood that, was even selected to be Obama’s Treasury Secretary. Democrat Representative Charlie Rangel, who for years served as the chairman of the congressional committee in charge of writing the federal tax code, came under major fire after failing to pay taxes on rental income from a villa he owned in the Dominican Republic. As of September 2013, over 318,000 federal employees owed some $3.3 billion in back taxes. Not one of them is in prison for failure to pay.

Al Sharpton has been on my “list” since the late 1980s due to his activities in the Tawana Brawley case. As for the rest of the people, note that Hovind was convicted of failing to pay taxes and Social Security for his employees. (Hovind claims they were not employees, but testimony at the trial showed they punched a clock and got vacation and sick time, which is not the hallmark of contractors.) He deliberately denied his employees their statutory right to have their employer pay into the Social Security fund. In order to get Social Security, you have to work 40 quarters. Hovind’s employees may have been denied up to 12 quarters of payment by their employer into the fund. Hovind’s people like to claim the crime is victimless–I don’t think so.

However, Pastor Hovind, often referred to as “Dr. Dino” due to his passion for dinosaurs, has been behind bars in 20 different prisons for over eight years so far on seemingly far less serious charges — and could remain there until death if prosecutors and the judge get their way. The latest charges surround an effort Hovind made from prison to contest the liens that were allegedly improperly placed on his ministry’s property by the federal government. He is being accused of “contempt of court” and alleged “mail fraud” for using the prison mail system to fight back against having the ministry’s assets seized by filing what has been described as a notice that litigation on the property was ongoing.

The facts are that as a result of the 2006 trial, the property making up CSE, DAL and the Hovind home was seized to make up the partial money judgment of $430,400 assessed. Since the amount of cash seized did not total the amount owed, the government got permission to take the property. The property has been owned by the US government since 2009. All Hovind has been doing by having his friends file liens and by himself filing the lis pendens is put off the inevitable.  It should also be noted that both Kent and Jo Hovind have been found liable for over $3 million in personal income tax due and owing for 1998-2004. (He really does believe he doesn’t owe anyone any taxes.)

Please note that until the government presents its evidence, I can’t judge whether Kent Hovind is innocent or guilty of what he’s been charged with. For all we know, the prosecution may not be able to prove all the elements of the charges of mail fraud.

The upcoming case to determine Hovind’s fate was supposed to take place next week, but has again been postponed by officials, this time until March, due to “family issues.”

Do you want to say that to the face of the assistant U.S. attorney who requested the extension? I doubt it.

“We need bold Christians to make a statement,” said Rudy Davis, a friend of Pastor Hovind who speaks with him daily and is working to raise awareness of what he says is relentless government persecution against Dr. Dino. “Mainstream media is ignoring Dr. Kent’s case…. We desperately need to speak up now.” According to Davis, who describes himself as a Bible-believing follower of the Lord Jesus Christ, the spiritual answer for why Hovind is being persecuted boils down to this: “Kent was exposing Satan’s kingdom and Satan’s deceptions.” Numerous Hovind supporters, including popular firebrand Reverend James David Manning and Southern Baptist leader Reverend Wiley Drake, have expressed similar sentiments, indicating that Hovind is indeed being persecuted.

This is obviously fact-free. As noted above, young earth creationist Ken Ham is not in jail nor facing tax evasion charges.

“I along with so many others are deeply grieved in our hearts when we hear that they are trying to keep Kent Hovind in prison for the remainder of his life as people were looking forward to him being released in 2015,” Davis, one of Hovind’s most passionate supporters, told The New American. “I truly believe this is an innocent man in prison and a POW (Prisoner of War) in the spiritual warfare of Good vs Evil. God will get the glory in Kent’s case no matter what. As you may know, Kent will not compromise with the devil and has maintained his innocence the entire 99 months that he has been incarcerated…. We are asking that you educate yourself and take whatever action God leads on behalf of our brother in the Lord, Kent Hovind.”

Another fact-free paragraph of full of emotion from Rudy Davis.

In an e-mail to The New American about why the federal government would persecute Hovind, Davis pointed to a video where the pastor explores some of the horrifying atrocities perpetrated under cover of the evolution theory. Hovind, a former science teacher, firmly rejects the theory as an attack on the Bible and the Christian faith. For years, he traveled the nation exposing flaws in school textbooks on the issue. In the introduction to the video, Pastor Hovind declares that the evolution theory is “not only dumb, it’s dangerous.” Prior to being thrown in prison, the pastor was among the nation’s leading advocates for creation science. His seminars and debates against evolutionists had been viewed countless times online by people around the world, and supporters say he was quickly changing hearts and minds.

And this has nothing to do with neither the 2006 nor the 2015 trials.

Then, the federal government launched its campaign to lock him up on tax charges. The first 12 counts surrounded Hovind’s alleged failure to withhold taxes from employees of his Christian ministry. “First of all, we didn’t have any employees,” Hovind explained in a recorded interview posted on YouTube, adding that all the missionaries and volunteers were independent contractors responsible for their own tax filings. “Churches are not obligated to withhold anyway, and I showed all the laws in a 2005 affidavit.” He also said he asked the IRS what he should do. The agency never responded, until showing up to arrest him with a heavily armed SWAT team in what critics say was extreme overkill — to put it mildly, considering that his wife was dragged out of bed at gunpoint and not even allowed to get dressed. One video urging Hovind’s release cited 20 attacks on the pastor that “North Korea would welcome.”

The 20 arguments have been thoroughly deconstructed at the following link:  http://www.hovindology.com/?p=35 . Hovind was found to be an employer, and required to withhold income and Social Security taxes, which he deliberately did not do.

The second set of charges involved “structuring,” which, as Hovind put it in the online interview, “I had never heard of,” just like the overwhelming majority of Americans. Essentially, the controversial statute in question — written primarily for drug dealers and organized crime syndicates, not churches or pastors — makes it a crime to take out over $10,000 per day from a bank account in multiple rounds, if the intent is to prevent the creation of federally mandated records used for spying on Americans’ financial activities in violation of the Fourth Amendment. Hovind says he did no such thing.

“After trial, the judge changed the jury instructions and told the jury ‘if you find out that the Hovinds took out less than $10,000, you have to find them guilty,’ which is not what the law says,” Hovind explained from prison, suggesting that the judge misled the jury.

No, Kent Hovind is misleading the readers. Quoting directly from the federal jury instruction manual regarding the crime of structuring, this is what has to be proven to be convicted of the crime of structuring. Note that no dollar amount is mentioned.

FIRST, that the defendant had knowledge of the currency transaction reporting requirements;
SECOND, that the defendant knowingly and willfully [structured] or [assisted in structuring] or [attempted to structure] or [attempted to assist in structuring] a currency transaction;
THIRD, that the purpose of the structured [or attempted] transaction was to evade the currency transaction reporting requirements of §  5313(a);
FOURTH, that the defendant knew that structuring was unlawful; and
FIFTH, that the structured transaction(s) involved one or more domestic financial institutions.

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm02183.htm

“The law says over $10,000. So the jury, of course, confused by all that, said, ‘yeah, they took out less than $10,000, that’s obvious.’” Then, using drug statutes, the Justice Department’s pedophile attorney on the case demanded that the church’s money be forfeited, and so sought to seize the ministry’s property under asset forfeiture schemes also designed for drug dealers and crime bosses.

Shortly after attempting to seize all of the ministry’s property, the U.S. government lawyer prosecuting Pastor Hovind was arrested by the FBI in a sting operation in Detroit for trying to have sex with a five-year-old child. Assistant U.S. Attorney John David “Roy” Atchison, after being charged with “enticement of a minor to engage in sexual activity using the Internet,” “aggravated sexual abuse,” and “traveling across state lines to have sex with someone under the age of 12,” ended up committing suicide by hanging himself in jail.

As noted above, J.D. Roy Atchison filed two documents with the court, both after Hovind was incarcerated and the second was dropped. Atchison was arrested after Hovind went to prison and was not the assistant U.S. attorney trying the case.

The other assistant U.S. attorney on Hovind’s case, Michelle Heldmyer, was in the news in the early 1990s after her husband was reportedly found to be on the same mailing list for obscene pornography as a judge who killed himself after getting caught.

Ms. Heldmyer was cleared of all charges with regards to this incident involving her husband. See:  http://www.dol.gov/ecab/decisions/1998/Jul/96-2291.htm

The final charge against Hovind, according to critics of the prosecution and the court, is also perhaps the most outlandish. According to prosecutors, Hovind allegedly “threatened” an IRS agent while the agent was doing his “duty.” The name of the agent and the nature of the threat have never been publicly revealed, but Hovind thinks he might know. “The only thing we could figure out, there was never anything on that, other than that I prayed for the guy on the radio after they raided the ministry,” Hovind said inthe interview from jail posted on YouTube. “I was doing a radio program and I prayed for him, I said, ‘Lord, I’m your child, I want you to handle this’.” Hovind says he was essentially given three additional years in prison for praying on the radio.

Testimony in court showed that Hovind sued agent Powe at least three times, and he also sued Special Agent Schneider a number of times. After his conviction, Hovind told a caller the following regarding Schneider:

11/16/06 3:02 PM [00:45]

Unk:  (?doing a) good job.

Kent:  I think there’s real close to a zero chance they’re going to come seize anything.

Unk:  Really?

Kent:  That’s what all the attorneys say too.  They could, there’s zero chance that they could do it legally.

Unk:  Oh, yeah.

Kent:  Can they do it actually?  Well, look at what they’ve done so far.  But obviously, yeah.  About the only thing we’ve got going for us is that Scott Schneider, who is a bit afraid that I will sue him.

Unk:  Well…

Kent:  And I will!

Unk:  Amen!

Kent:  I’ll do it again! [chuckles]

Unk:  [laughs]

Kent:  And the rest of his life, if he doesn’t start obeying the law, I’m going to haunt him the rest of his life.

Unk:  I hope you do.

Kent:  Just keep, he needs to obey the law. He’s got a badge. OK. So what? You know..

Unk:  [Unintelligible]

Kent:  Obey the law then.

Unk:  [Unintelligible]

Kent:  I don’t want to fight these guys. I don’t want to fight ‘em.

Unk:  [Unintelligible]

Kent:  They won’t leave me alone. What can I do? [01:27]

This can be found on the following YouTube video “Kent Hovind – County Jail Telephone Calls” from 00:45 to 01:27.

While the prosecution was suspicious enough to critics, Hovind supporters also say U.S. District Judge Margaret Casey Rodgers improperly played a crucial role in helping the Justice Department lock Hovind away. Across the Internet, websites and videos dedicated to freeing Hovind declare the judge to have a strong “anti-Christian bias.” Among other evidence, they point to a 2009 case in which the judge threatened two school officials with prison time for saying a prayer before a meal at an athletic banquet.

See above for the consent decrees entered in the Santa Rosa School District case.

In Hovind’s trial, meanwhile, the judge was accused in multiple sworn affidavits by witnesses to have declared the pastor’s alleged crimes to be “worse than rape.”

Let’s talk about those affidavits for a moment:  They are from:

Theresa Schneider – 04/13/2008
John W. Gusti – 04/11/2008
Kent Andrew Hovind – 04/11/2008
Katie Rudolph – Dated 4/5/2008, Notarized 04/11/2008
Jo Hovind – Dated 4/10/2008, Notarized 04/11/2008

The notary for all of these is a Diane K. Hummel. The Theresa Schneider affidavit was notarized on 4/13/2008, while the other four were notarized on 4/11/2008. There is one other document in the file, which is an e-mail from Greg Dixon, not an affidavit and its significance will become clear in a moment.

None of these affiants have been cross-examined in court. We only know about two of them. One of them is Jo Hovind, who was convicted along with Kent in the 2006 case. Kent A. Hovind is Kent and Jo’s son and he worked for the family business.  The other three could be friends, employees, who knows?

It appears, from the Greg Dixon e-mail, that these affidavits were being specifically collected and were to be sent to a Lindsey Springer. That would be the same tax evader Lindsey Springer who currently in prison until 2023, as discussed above.

Moreover, this language doesn’t appear in the contemporaneous reporting of the Pensacola News-Journal, nor in the post put up by Christian blogger Jen Fishburne.

Even more troubling, perhaps, is that the transcripts were allegedly altered to remove the outlandish jury-influencing statement, 

Ah, now we have a new accusation–the statement was made before the jury. Previous to now, it had been said that Judge Rodgers made it at the sentencing, which was on January 19, 2007. Kent Hovind was convicted on November 2, 2006 and the jury had been long dismissed by then. So there was no prejudice to the jury.

and the audio transcript has still not been released despite repeated requests, according to supporters.

The trial was nearly nine years ago. Hovind and his attorney had every opportunity to review the transcript and make objections to its content at the time it was released.

Pastor Hovind, who still sounds upbeat and full of joy in phone interviews posted online, despite spending over eight years in federal prison, thinks a proper inquiry would be appropriate — and that a definite judgment will come eventually, even if it’s in the next life. “I welcome a full investigation before Congress,” said Hovind, who has always been open about his refusal to accept 501(c)(3) tax-exempt status from the IRS because he believes it unconstitutionally interferes with his right to speak freely. “There will be a full investigation before God one of these days.”

Fact-free bloviations from a man convicted by a jury of his peers and incarcerated.

With Hovind set to be back in court next month on charges that could send him to prison for the rest of his life, supporters are encouraging Christians and all Americans to take action. Among other options, Hovind’s friend Davis urged people to pray, watch Hovind’s videos on YouTube, get educated about the case, sign petitions, donate to and support the Free Kent Hovind movement, write to or even visit Hovind in prison in the Florida panhandle, and educate others on the case. Other supporters are urging Americans to contact their elected representatives about the case and demand a thorough, impartial investigation. More information on the whole ordeal from Hovind supporters can be found at www.FreeKentHovind.com and www.2Peter3.com.

I’d urge people to educate themselves here on http://www.hovindology.com before falling for these arguments.

Alex Newman is a correspondent for The New American, covering economics, education, politics, and more. 

Dee Holmes is a systems support analyst for a financial institution. She holds a B.A. in government from The University of Texas at Austin and a J.D. from the University of Houston Law Center.

For further information:

Dee Holmes
mirele at sonic dot net

Deconstruction of “20 Facts Proving Immoral Deviants Imprisoned Kent Hovind”

The owner of FreeKentHovind dot com has reposted the “20 shocking attacks on Kent that North Korea would welcome” which was deconstructed here last week. This week the blog post has a lurid new title:

20 Facts Proving Immoral Deviants Imprisoned Kent Hovind

Here’s my previous deconstruction. I see no reason to change it.

20. In 2006, a government SWAT team raided Kent Hovind’s creation science ministry. This is illustrated with a picture of the search for the Tsarnaev brothers, which was an active shooter scene.  Additionally, when Creation Science Evangelism, Dinosaur Adventure Land and Kent Hovind’s home were raided in 2004, at least three guns were found on the premises. In light of that, simply going in would have been foolish.  It should also be noted that this point is illustrated with a picture from the search for the Tsarnaev brothers, which involved hundreds of police working an active scene where two murderers on the loose.

19. Kent and his wife, Jo, got arrested at gunpoint. Jo was dragged out of bed and not allowed to get dressed. This violent method of arresting a suspect is usually reserved for hard core gang-related activity. It was disproportionate and a totally over-the-top display of force.

If you had read the history of Kent Hovind’s interactions with the Internal Revenue Service, you would understand that Kent was absolutely uncooperative. Agent M.C. Powe testified that after she seized vehicles from Kent Hovind in 1996 to make up a tax arrearage, she was personally sued three times by Hovind. Special Agent Scott Schneider was also sued a number of times.

In addition, both Kent and Jo had passports and friends overseas and were considered a flight risk.

The point made with regards to number 20 stands as well. Using a picture from the active shooter search for the Tsarnaev brothers is completely misleading.

18. They were both thrown in prison. Jo got released from jail a few years ago, but as February, 2015, Kent maintains his innocence from behind bars.

They were both released on their own recognizance after being arrested. They were not permitted to keep their passports nor their guns. Kent was not taken into custody until after his conviction, months after his initial indictment. Jo Hovind spent less than a year in prison and was out by 2009. Kent is still in prison because he was convicted of 12 counts of tax evasion, 45 counts of structuring and one count of obstructing the IRS by a jury of his peers.

17. The prosecution of Kent Hovind was led by Michelle M. Heldmyer, U.S. Attorney, and J.D. Roy Atchison, assistant U.S. Attorney. In 1993, Judge Richard Kreidler committed suicide when he was caught and charged with the crime of purchasing illegal pornographic materials. The following year, in May 1994, Michelle Heldmyer, now the U.S. Attorney, made national news when it was found that her husband Joseph Heldmyer was on the same pornographic mailing list as the judge. He was never prosecuted. The Sun-Sentinel, in an article entitled, “Attorney’s Actions Warrant Probe,” from May 14, 1994, poses the question, “Why? Is it because he’s the husband of an assistant U.S. attorney, Michelle Heldmyer? Presumably…”

And this has what to do with Kent Hovind? Seriously, talk about your red herrings.

I would also note that Ms. Heldmyer was cleared of all charges with regards to this incident involving her husband. See:  http://www.dol.gov/ecab/decisions/1998/Jul/96-2291.htm

Also, J.D. Roy Atchison was not the prosecuting attorney on this case. He was not at the trial. He filed exactly two documents in the case, numbers 209 and 211 on the docket of the Kent and Jo Hovind trial, which can be found here:  http://www.hovindology.com/?page_id=4 . Number 211 was a withdrawal of number 209. So Atchison’s involvement in the 2006 Hovind case was virtually nil. On top of that, Atchison wasn’t arrested until September 16, 2007, which is months after Kent went to prison. rolls eyes Try again.

16. Just a few days after Kent Hovind’s trial, this assistant U.S. attorney, J.D. Roy Atchison, was caught, arrested and jailed for attempting to rape a five-year-old.

This occurred months after Hovind was incarcerated. On top of that, as mentioned in point 17, Atchison filed one document (209) in the Hovind case and then withdrew it (211). He was not the main attorney on the case, Michelle Heldmyer was.

15. At Kent’s trial, Margaret Casey Rodgers, the presiding judge over the case, allegedly said, “Kent Hovind’s crime is worse than rape!” Did the judge know that the prosecutor was a rapist?

This remains unproven. There are, allegedly, affidavits, but the affidavits have not seen the light of day. It’s certainly not mentioned online until at least 2009.

14. To appeal the case, Kent paid $6,000 for a full court transcript. A court transcript is an unedited copy of every word spoken in the courtroom. To be valid, the appeal had to be filed within 12 months. The documents were held back for 16 months, making Kent miss the deadline for appealing his own case.

In a red box at this point in the video, it says, “Correction:  It delayed the appeal when the legal files were held back for 20 months in another matter, but that didn’t invalidate the appeal when the Court Transcripts were delayed. To the best of my knowledge, it is still ongoing.”

Kent got his appeal. Please see the following opinion, decided December 30, 2008:  https://www.dropbox.com/s/priiqomju87qb9w/245770913-USA-v-Kent-Hovind-Appeal.pdf?dl=0

Kent appealed to the U.S. Supreme Court and his writ of certiorari was denied. He later tried for a writ of mandamus at the Supreme Court but that was also denied on March 28, 2011.

13. Four months after the deadline and too late to file an appeal, Kent finally received the transcript and somebody had tampered with it, removing the judge’s words, “worse than rape.”

12. Eight attendees of the court have signed an affidavit stating that they all heard Judge Margaret Casey Rodgers declare Kent Hovind’s crime to be “worse than rape.” Whoever tampered with the official court transcripts is not known, but that fact alone, that it was tampered with, is enough to overturn the case.

The first mention of this is around 2009. There is no contemporary report that Judge Rodgers said this. Not in the Pensacola newspaper, nor in Jen Fishburne’s contemporaneous report on her blog. Eight vaporware affidavits prove nothing.

It should also be noted that since this was not brought up in the appeal, it is now time-barred. And, on top of that, making this sort of statement, if the judge indeed made this statement, is not reversible error. It was not made to the jury. It was made at sentencing. And, I might note, Her Honor declined the government’s request for an enhanced sentence.

11.  And what hideous, monstrous crime deserves the title “worse than rape”? Structuring. Not murder. Not genocide. No. Structuring. That’s withdrawing any amount of your own money from your own bank account. I’m not making this up. If you withdraw money from your bank more than twice within the last 10 years, then you’re guilty of structuring. He served eight years in prison for a nonsense, made-up crime.

Quoting directly from the federal jury instruction manual regarding the crime of structuring, this is what has to be proven:

FIRST, that the defendant had knowledge of the currency transaction reporting requirements;
SECOND, that the defendant knowingly and willfully [structured] or [assisted in structuring] or [attempted to structure] or [attempted to assist in structuring] a currency transaction;
THIRD, that the purpose of the structured [or attempted] transaction was to evade the currency transaction reporting requirements of §  5313(a);
FOURTH, that the defendant knew that structuring was unlawful; and
FIFTH, that the structured transaction(s) involved one or more domestic financial institutions.

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm02183.htm

What you stated is not the crime of structuring. Moreover, structuring is used to track criminal activities by drug dealers and terrorists, in addition to tax evaders like Kent Hovind.

Additionally, you missed the other 13 counts Kent Hovind was convicted of. He failed to pay income and Social Security taxes on his employees for 12 quarters, leading to 12 counts of tax evasion. Also, he was convicted of one count of obstructing the IRS.

10. To recap, the assistant U.S. attorney who prosecuted Kent was a rapist. The judge allegedly said Kent Hovind was worse than a rapist.  The prosecutor was then found guilty of rape. Then the judge’s statements about rape got removed from the court transcript. And those transcripts were finally delivered to Kent four months past, beyond the deadline for appeal. And that’s only half of it!

See all the previous points for a detailed rebuttal of this point.

9. Two juries were dismissed until the guilty verdict was made.

This should be more accurately expressed as “two grand jury terms expired before an indictment was handed down.”

Evidence was heard through three grand jury terms. Each term is for eighteen months. Hovind was raided April 2004 and charges were presented in July 2006. At least one, if not two, grand juries would have expired during this time. In a complex case with 58 counts, this is not unexpected, particularly since the juries would have been hearing evidence on other cases at the same time.

For Kent and Jo’s 2006 trial, there was one jury, which found them guilty in less than 4 hours. Please see Volume 9 of the transcript, which has the arguments made to the jury.

8. Kent has been moved around from prison to prison 23 times in 8 years. Some say they’re trying to get him killed. Because the more you move a prisoner around, the more likely they are to share a cell with a violent inmate.

I do not know the transfer policies of the Bureau of Prisons, so I cannot comment on this.

7. Allegedly The IRS agent…Scott Schnider ceased over 42,000 dollars from the Creation Ministry’s safe. And then created a tax bill for the exact amount of money seized.

Scott Schneider issued a receipt for $42,000 seized in the 2004 raid. Not a “tax bill.” The jury found Hovind liable for over $600K in tax arrearages for failing to pay federal income and Social Security taxes on the CSE and DAL employees from 2001-2003. I’d also note that both Kent and Jo Hovind have an additional $3 million personal tax liability for taxes they failed to pay from 1998 to 2006.

6. Judge Margaret Casey Rodgers has a track record of Handing out unjust and outrageous rulings against Bible believers. For example, she issued a contempt order against 2 School teachers… for praying before eating their food. The Washington Times reported, source below, that over 60 congressmen stepped in to show support for the teachers who were facing jail time, and that the Judge was completely out of line ruling against the 1st amendment constitution rights, she ought to have been dismissed as a Judge at that point but the case got settled out of Court, and the Judge is still in office. OUTRAGEOUS.

And this has what to do with a tax evasion, structuring and obstruction of the IRS case? As Judge Rodgers stated at Kent’s sentencing (pp. 105-106):

First, I want you all to understand and be clear on the fact that this case is not and has never been about religion. It was Mr. Hovind, not the government, who injected religion into this case during this trial.

5. The same Judge Margaret Casey Rodgers, who allegedly misdirected the Jury on the first trial, and seems to have delayed the paperwork to stop the appeal, and may have ordered the tampering with Court Transcripts, has been selected to be the new Judge in the upcoming trial.

First, there’s no proof that Judge Rodgers stopped the paperwork for the appeal at any time, particularly since Kent got his appeal.

Second, if Kent’s attorney thinks Her Honor is so very prejudiced against him, he could ask the judge to recuse herself. So far as I can tell, he has not done so. It should be noted that the crimes Kent is accused of are an outgrowth of orders issued from Judge Rodgers.

4. A coordinated effort between the police force who authorized the swat team, the IRS agents who invented tax bills, the prosecutor who was a convicted felon, and the Judge with a track record of issuing heavy handed anti Christian rulings… requires congress to investigate, because unsound, unsafe rough justice will continue to infect the system unless people are made aware.

This point has been debunked above in numerous points. There is nothing new here except some invective about “the system.”

3. While in prison, Kent Hovind has highlighted the fact that Judges are allowed to invest in the prison industrial complex. They can hold stocks in private prisons for profit. Judges are incentivised to hand out longer sentences. Because while the prisons are full, the companies that run those prisons will be in profit, and an invested Judge will take a dividend of that profit. It’s a conflict of interest for a Judge to profit from handing out longer sentences and they ought to be banned from investing in prison related stock.

There is no evidence that Judge Rodgers has any investments in prison-related stock. Kent Hovind needs to either put up or shut up.

2. An internet petition with over 19 thousand signatures on it to free Kent Hovind, was removed from the internet. We know who has the petition but he won’t release it. A link to a new petition can be found below this video.

This is untrue. The current proprietor of 2Peter3 dot com has those 20,000 signatures.

Moreover, it should be noted that justice is not meted out on the basis of popularity. We are a government of laws, not of men.

1. So the number one mind blowing thing that happened to Kent Hovind, is that he now faces, a further 100 years in prison. The new trial set for February 9 2015. The Trial could be moved to March. And what crime has he committed that deserves that sort of lengthy sentence? He mailed a lis pendens on the title of his property. The Government appears to be selling off all his assets and his property is still in dispute. The lis pendens informs any buyers that there’s still a legal dispute over those houses. Once again they’ve made up a ridiculous crime of mail fraud, to unjustly have him jailed for the rest of his life.

The facts are that as a result of the 2006 trial, the property making up CSE, DAL and the Hovind home was seized to make up the partial money judgment of $430,400 assessed. Since the amount of cash seized did not total the amount owed, the government got permission to take the property. The property has been owned by the US government since 2009.

Judge Rodgers did find that the US government could not seize the property owned by Eric Hovind, as it had been owned by him prior to  2001, he had made improvements to the property and had paid all taxes on it.

Since then, Kent Hovind has or has caused his friends to file liens against the properties held by the US government in order to thwart the sale of same.  He had the lis pendens filed on four properties after he filed a Bivins suit against the Bureau of Prisons, because he thought he could get the property back that way. He had been specifically told not to file any more liens or lis pendens on the property by Judge Rodgers, but apparently went ahead and did it anyway. Judge Rodgers issued a document, appended to the records of Escambia County, which dissolved the lis pendens.

Now, we will not know if the government has proven its case until the trial is held.

AGAIN: The Internal Revenue Service is not a corporation

Rudy posted the following video on his YouTube today:

It’s a Certificate of Incorporation for “Internal Revenue Tax and Audit Service, Inc.” Click the link to open up a PDF of this Certificate of Incorporation. I (Deana Holmes) briefly discussed this on January 24, but it’s worth mentioning again because Rudy thinks this is some sort of big deal. It’s not.

Here’s what a federal judge in Missouri had to say about this particular little folklore of tax protesters in footnote 2, pages 4-5 in the case Acevedo v. US:

2 The only purportedly “private” entity named as a defendant in this action is the Internal Revenue Tax and Audit Service, Inc. a/k/a “IRS Corp.” Plaintiff contends that his social security benefits, once levied for payment of his delinquent taxes, were “passed on” to the “IRS Corp.” There is no allegation in the complaint that the “IRS Corp.” acted in an unlawful manner. As such, plaintiff fails to state a claim for relief against the “IRS Corp.” *To the extent, however, that plaintiff is claiming that the Internal Revenue Service is not an agency of the government, but rather, a private corporation, known as the “IRS Corp.,” the Court notes that this line of reasoning has been consistently negated by several other courts.* See, e.g., Snyder v. IRS, 596 F.Supp. 240 (N. D. Ind. 1984); Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984); Salman v. Jameson, 52 F.3d 334 (9th Cir. 1995). *Moreover, the claim that “[t]he Service is not an agency of the United States government but rather a private corporation or an agency of a State or Territory without authority to administer the internal revenue laws” has been identified by the IRS as a “frivolous position” that can result in a penalty of $5,000 when asserted in a tax return or included in certain collection-related submissions*. Notice 2007-30, 2007-14 I.R.B. 883.

Here is a link to IRS Notice 2007-30 which lists out the frivolous positions that will get you in trouble.

In short, don’t claim this in court, because while the judge will grant you leave to file in forma pauperis, she will not issue process based on this complaint because the argument is legally frivolous or fails to state a claim.

Deconstructing the Hovind Hair58v acronym

NOTE:  Comments are turned off here because I am not going to waste time with comment spam. Please go to Kent Hovind and Jo Hovind v USA – IRS to post or add a comment. Thank you.

Rudy Davis has come up with an acronym, Hair58v, to describe the current arguments Kent Hovind’s supporters should be using to present Hovind’s case. I have transcribed Rudy’s discussion of the acronym from yesterday’s meeting and am deconstructing them here (emphasis added).

Let me cover seven points that everyone needs to remember as we talk about the Kent Hovind story and if there’s other points, let’s talk about it and flush it out. We want to make sure that we can get the points across in a way that’s convincing, as opposed to, “well he cheated on his taxes, he deserves what he gets.” We gotta battle that mindset.

So there’s an acronym that’s come up with. It’s Hair58v. It’s hair, the things that are usually on people’s heads, and it’s heinous crimes committed by other people, that’ H, heinous crimes, like Al Sharpton, Wesley Snipes, what else? Child rapists, child murderers. Right? They get less time than our brother Kent Hovind, who is an innocent man in prison. So we gotta remember that. Heinous crimes by others get a lot less time than our brother has already spent.

As part of the testimony at Kent Hovind’s trial, it was elucidated that Hovind was pushing anti-tax ideas by distributing an anti-tax video. Bekah Horton testified to that occurring in 1997 (trial transcript, volume 3, pages 49 ff). Daniel Nelson, a former employee of Creation Science Evangelism, testified that Joe Sweet taped a video at CSE about taxes (trial transcript, volume 3, pages 78 ff).  Nelson testified (with sidebars omitted):

Q. At some point in time, prior to January of 1998, did you attend a videotaping event?
A. Prior to ’98?
Q. Prior to 1998. Let me throw out a name and see if this means anything to you. Joe Sweet.
A. Yes, I know Joe Sweet.
Q. Did Joe Sweet give any talks or lectures at CSE?
A. Yes.
Q. What was the subject matter of his talks or lectures?
A. I think it was Good News, was the title of the speech.
Q. What was the subject matter?
A. Taxes. (page 78)

(skipping to page 80)

Q. Mr. Nelson, we were talking about this tape recording of Joe Sweet. Do you have an approximate time frame for this particular tape recording?
A. No. You threw me off when you said it was prior to ’98,because I don’t remember it being before I even came there.
Q. You don’t remember one way or another?
A. No.
Q. All right. Tell me about the circumstances — before you tell me about what Mr. Sweet was saying, tell me about the circumstances surrounding the taping, who was there, who was doing the taping, where was it.
A. It was on the gazebo at the headquarters. Mr. Sweet wanted a video copy. We had the equipment to be able to do that for him, and Mr. Hovind offered to allow the recording to happen so that he could have it for his own ministry. Several of — friends and family and stuff like that were invited, just so that there would be an audience for audience shots.
Q. Who actually did the videotaping?
A. I don’t know
Q. Was Mr. Hovind in attendance?
A. I don’t know the answer to that.
Q. How about Mrs. Hovind?
A. I believe Mrs. Hovind was there.
Q. And you were there?
A. I was there.
Q. Any of the other people who worked there at CSE?
A. I don’t remember.
Q. Do you know how big an audience there was?
A. I would doubt that it was probably more than 10, 12 people.

(page 84)

Q. Thank you for your patience, Mr. Nelson. I was asking about generally the subject matter of the lecture that Mr. Sweet gave that was recorded.
A. It was about taxes.
Q. And what position was Mr. Sweet taking on taxes?
A. That it was not necessary to pay them.

Note that title, Good News. In 2002, the United States got an injunction which states the following:

4. Both EDM and Sweet (either individually or doing business thorugh any entity) and their representatives, agents, servants, employees, attorneys, and others acting in concert with any of the, are immediately and permanently enjoined from directly or indirectly:

(a) Organizing, promoting, marketing, or selling the tax shelter, plan or arrangement entitled “GOOD NEWS for FORM 1040 Filers:  Your Compliance is Strictly Voluntary! BAD NEWS for the IRS! Everything You Ever Needed to Know About the Income Tax That the IRS Is Afraid You’ll Find Out” or any other abusive tax shelter, plan, or arrangement that incites taxpayers to attempt to violate the internal revenue laws of the United States or unlawfully evade the assessment or collection of federal tax liability; [emphasis added]

Also, Joe Sweet is currently a guest of the Federal Bureau of Prisons as he was sentenced to 10 years in prison in 2010 for (as the appellate opinion put it):

conspiracy to defraud the United States by advocating the intentional disruption of the assessment, ascertainment and collection of federal income tax, in violation of 18 U.S.C. § 371. Defendant Sweet was also convicted of corrupt interference with internal revenue laws, in violation of 26 U.S.C. § 7212(a), and two counts of criminal contempt, in violation of 18 U.S.C. § 401(3).

Consequently, Kent Hovind is being punished like other tax protesters, evaders and hucksters with whom he’s worked with, supported and promoted.

The A is the atheists want to shut Christians up. Anybody with half a brain and one eye can see that in our society. They’re tearing down the Nativity scenes, they’re taking down the 10 Commandments in the courthouses, they’re putting up billboards that are mocking Christianity. So that’s another aspect of this.

I can think of nothing better than to quote Judge Rodgers on this, from the Kent Hovind sentencing transcript, pages 105-106:

All right. Let me make a few things clear before I impose sentence in the case. First, I want you all to understand and be clear on the fact that this case is not and has never been about religion. It was Mr. Hovind, not the government, who injected religion into this case during this trial. And I know the courtroom is full today, it’s packed. And most, if not all of you were not here for the trial, I do not believe. Some of you may have come in and out, but we certainly didn’t have this number of individuals in the courtroom every day listening to the evidence as those of us involved in the trial did here. Churches are not exempt from the withholding and payment of taxes on the wages of employees. Pure and simple. That is the law. That is the law in this country, and it is the law that has been upheld by the United States Supreme Court, who in this country has the final word on matters of law and the Constitution.

Additionally, the elements of the crimes Kent was convicted of (tax evasion, structuring, and obstruction of the Internal Revenue Service) do not include a “must be a Christian to be convicted of these laws” clause.

The I is that Kent Hovind has maintained his innocence from the very beginning. OK. The man has not compromised. There are many that believe, and I’m one of them, that if he had compromised and said he was just a little guilty, the government would have let him out a long time ago. But because he’s standing on his biblical principles, like Shadrach, Meshach and Abednego did and not compromising, they’re not letting him out because they want to shame him. But yet he’s not admitting any guilt. And rightfully so.

Kent Hovind was found guilty of all the charges presented by a jury of his peers (see trial transcript volume 9). Certainly they did not believe he was innocent.

But let’s dig deeper into this for a moment. The reason Kent Hovind believes he is innocent is because he does not believe he owes any taxes whatsoever because he is a minister. During the trial, it was brought out that Hovind had not been paying personal income taxes since at least 1989.  This is why agent M.C. Powe got an order to seize vehicles at the Hovind home/CSE business, because Hovind had not paid income taxes from 1989 to 1994 (see trial transcript volume 2).

Kent Hovind also did not believe he should pay for any permitting required to construct or run Dinosaur Adventure Land. The Pensapedia article states the following (internal references omitted):

On June 5, 2006, Hovind pled nolo contendere as charged to three counts: constructing a building without a permit, refusing to sign a citation, and violating the county building code. Hovind was ordered to pay $225.00 per count. The plea brought to an end the 5-year criminal (misdemeanor) court battle over a $50.00 building permit. In June 2006 Hovind complied with the county law. Hovind estimates he spent $40,000 in legal expenses on this case. On June 19, 2006, the delinquent 2003-2005 property taxes/penalties for Dinosaur Adventure Land were paid in the amount of $10,402.64.

Note that Hovind also was not paying his local taxes for his business as well.

The R is Judge Margaret Casey Rodgers, that’s Rodgers. She’s a very anti-Christian judge. I recommend that everyone go read her sentencing transcript, that I read aloud into a YouTube video or get the trial transcript and read it yourself. Kent Hovind was blamed for everything under the sun, not being appreciative of the people in the military that protect him, not being appreciative of the farmers who put food on his plate and not being appreciative for the people who build his roads. If you listen to her speech, it’s political garbage. It’s absolute rubbish. It’s full of anti-Christian bias. Not only that, but Kent Hovind has stuck to his guns and said that her statement, which is not in the court records that I’ve been able to find, that she claimed that his crimes were worse than a rapist. We’ve had discussions about this and Kent Hovind is absolutely sticking to his guns and saying that she said that. Dr. Greg Dixon has got on the phone and reaffirmed Kent’s story and I’m working to get even additional people to reaffirm that. But I’m going with Kent and I wanted to say that as well.

Rudy doesn’t mention it here, but the reason he calls Judge Rodgers “anti-Christian” is due to a hearing that was held back in 2009 for a potential contempt violation of an agreement between the ACLU and the Santa Rosa (FL) school district.  This, and Kent Hovind’s sentence, are the only things he brings forward. I could spend a lot of time parsing the Santa Rosa case, but I won’t here. Judge Rodgers was a Bush appointee in Florida. I think that’s all that needs to be said.

So that’s h, a, i, r. Atheists trying to shut Christians up. Kent has maintained his innocence and Rodgers is a very anti-Christian, biased judge.

The Five (5). One of the most dangerous positions from Kent, I would say dangerous and true, is that he believes churches should not be 501(c)3, indicating that they’re state-controlled. A perfect example of that is in Houston, they subpoenaed the pastors’ sermons so that they were speaking out against homosexuality. Right. So Kent doesn’t want that to happen. He doesn’t think the state should be between the churches and God and the preachers should be able to say what they believe as the Bible says and not being controlled by the state. That is a very important point and it gets a lot of people nervous and upset when Kent starts talking about that issue.

This was an overbroad subpoena issued by a law firm doing pro bono work for the city of Houston. The subpoena was withdrawn. However, there have been questions raised about the involvement of Houston churches in the gathering of signatures to overturn Houston’s new anti-discrimination ordinance. Debunking site Snopes.com gives an overview of the story and discusses it in better detail than I can here.

This statement is also of a piece with the fact that Kent Hovind doesn’t believe he should pay taxes because he’s a ministry. It’s perfectly fine to be a non-501(c)3 church, knock yourself out. But if you’re bringing in money for your organization, you need to file a tax return, even if you end up paying nothing.

As for the “worse than rape” comment, the sentencing transcript does not have this language in it. Neither Kent’s nor Jo’s attorneys filed a motion with the court to strike the language. The Pensacola paper and Christian blogger Jen Fishburne failed to mention it in their recaps of the sentencing. The earliest account I (Deana Holmes) can find on the Internet comes from 2009. Rudy and Kent have talked about having eight affidavits, including a statement from Greg Dixon.  These statements have not been submitted for review, nor have the affiants been cross-examined on them. And, it should be noted, even if Judge Rodgers had said that, it was not raised on appeal and is time-barred.

The eight, the number 8, I’ll finish up in a second because I want Ernie to talk, we’re blessed with Ernie’s presence, but I want to finish this point. The eight, if anyone says, “well, he’s guilty,” and they’ve got a mindset “well, he’s guilty and he didn’t pay his taxes”–if they believe that he is guilty, which I don’t believe even for one second do I believe that, but if someone else does, we need to come back with, “even if you believe the man is guilty of the crimes they said he did, he spent eight years in prison already. Enough is enough. Let him out.” So that’s another point.

Please see the heinous point above for a rebuttal of the notion that Kent Hovind is being excessively punished.

The last point I’ll make is that, let’s consider the fact that our brother spent eight years in prison and confinement, not being able to sleep in a bed with his wife, not been able to spend time with his grandchildren and children, not being able to go out and eat a cheeseburger and have a vanilla milkshake–what has he done? It’s a victimless crime. There’s no victim in Kent’s crime. Right? The government was not robbed of any money, there’s no victim that you can point to, all the money that was seized was money that the ministry built up by hard work of the people who worked in the ministry with Kent as a member of that ministry. So nobody has been robbed and there is no victim. He spent eight years in prison for a victimless crime. That’s very important to keep in mind as well.

The fact of the matter is that the 12 counts of tax evasion were not victimless crimes. For three years–12 quarters–Kent Hovind failed to pay federal income taxes and Social Security taxes for his employees.  Hovind unsuccessfully argued that his employees were ministerial workers and he didn’t have to pay taxes for them. However, testimony from former employees as well as the results of the 2004 raid presented at the trial made it clear that the people working at CSE and DAL were not volunteers or ministry. They punched timecards, they were docked pay if they spent too much time on the phone, they had paid vacation time.

Because Kent Hovind did not pay their taxes as he was supposed to do as an employer, the CSE and DAL employees would either have to pay the taxes themselves out of their wages or not pay the taxes at all. Some people paid the taxes, others didn’t. But it was ultimately Kent Hovind’s responsibility to pay the taxes and he did not, as a jury of his peers found on November 2, 2006.

In conclusion, Rudy’s HairV58 is just another attempt to obfuscate from the truth that Kent Hovind was found guilty by a jury of his peers and was sentenced in accordance with the federal sentencing guidelines.