TP charged with criminal slander of title in Wisconsin

[Demosthenes]

Tax protester appears on phony lien charge
Mike Miller
The Capital Times

Bryan D. Hoel, who was a fugitive from justice for more than two years before being arrested in April, appeared in court for his preliminary hearing today without a lawyer and was ordered to stand trial on a charge of criminal slander of title.

Hoel, formerly of Rio, is charged with filing a phony lien against the town of Dane property of state Department of Revenue agent Julie Gartland, who had been assigned to begin collection proceedings against Hoel for $35,000.

As with others who are generally anti-tax and anti-government, Hoel responded by filing a lien with the Dane County Register of Deeds Office in late 2003, claiming that Gartland owed him $600,000.

Hoel filed the lien despite a letter sent to him and his wife, Amy, by Assistant Attorney General Roy Korte. The letter explained that no law allowed them to file a claim based on the argument that the use of their names in legal documents or letters violates a copyright or trademark.

The letter from Korte, who has prosecuted several people around the state for criminal slander of title for filing similar phony liens, warned Hoel that he could be charged with violating state criminal law if he proceeded with the lien.

Assistant District Attorney Doug McLean called only two witnesses in today's preliminary hearing: Gartland, who testified that Hoel had no legitimate claim against her or her property, and former Register of Deeds Jane Licht, who described how an "angry" and "persistent" Hoel filed the paperwork in her office despite questions being raised about the format of the lien.

Hoel sat quietly at the defense table by himself and shook his head to indicate "no" when asked by Circuit Judge Maryann Sumi if he had any questions of either of the witnesses. When asked for argument on the issue of whether he should be ordered to trial, Hoel said simply "innocent."

Hoel was issued a summons and complaint and ordered to appear in court on Aug. 26, 2004, and when he did not appear, a warrant was issued for his arrest. Law enforcement officials thought he may have been staying at the home near Wyocena of Lester and Lilac Sundsmo, who are charged with failing to pay taxes on their home.

A raid on that home in March by a large number of officers from several agencies resulted in the arrest of the Sundsmos, but Hoel was not present.

In April, he was found living on a farm near Dodgeville with his wife and was taken into custody without incident. He faces a combined maximum of six years in prison and extended supervision if convicted.

The case now goes to Circuit Judge Stuart Schwartz for trial.

Published: May 8, 2007

[Demosthenes]

ATTORNEY GENERAL J.B. VAN HOLLEN ANNOUNCES TWO CHARGED WITH FILING PHONY LIENS

FOR IMMEDIATE RELEASE:
March 14, 2007

MADISON – Attorney General J. B. Van Hollen announced today that a Columbia County couple has been charged with felony charges of criminal slander of title for filing phony liens against individuals and public officials in Columbia County.
Lester Sundsmo, 64, and Lilac Sundsmo, 56, both of Rio in Columbia County were charged today with criminal slander of title. Each of the defendants was charged with five counts. Each count is a class H felony punishable by six years imprisonment and a $10,000 fine.

According to the Department of Justice (DOJ) complaint, between 2003 and 2006 the Sundsmos submitted to the Columbia County Register of Deeds Uniform Commercial Code and other liens against employees of a bank that was foreclosing on their property, the former sheriff of Columbia County, the District Attorney who prosecuted Mrs. Sundsmo in two criminal cases and a Judge who presided over those criminal cases. The liens alleged that the victims owed the Sundsmos anywhere from $300,000 to $2.1 million dollars for the use of the Sundsmos names. The complaint alleges that none of the victims gave consent or authorized the filing of the liens.

“Filing phony liens is illegal in Wisconsin,” Attorney General J.B. Van Hollen said. “The Wisconsin Department of Justice is empowered to enforce the law in such matters on behalf of Wisconsin citizens.”

An Assistant Attorney General from the Wisconsin Department of Justice will be handling the prosecution of the cases. The defendants enjoy a presumption of innocence. The state must prove its allegations at trial.

[Lambkin]

Wow. If Quatloos were fark.com, would we ever use a tag other than "dumbass"?