Sentencing for Doreen Hendrickson

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Sentencing for Doreen Hendrickson

Post by Famspear »

The prosecution has filed a 44 page "Government's Response to Defendant's Sentencing Memorandum." See docket entry 123, April 1, 2015, United States v. Doreen M. Hendrickson, case no. 13-cr-20371-VAR-LJM, U.S. District Court for the Eastern District of Michigan (Detroit Div.).

The government is asking for a prison sentence of 24 months on her criminal contempt conviction. Some excerpts (and, get ready for a surprise):
Without regard to the fact that the jury has spoken, the defendant persists in her denials that she did anything wrong. Her stance is consistent with her quarter-century career as a hard core anti-government zealot. For much of her adult life, she has enthusiastically joined with her husband and others to lead a campaign against the authority of the United States to collect income taxes.

In her sentencing memorandum, the defendant has the temerity to ask this Court to refrain from sending her to prison because “she has always held and concretely expressed a deep faith in the institutions of this country, its established procedures of law and political process.” [ . . . ] The Court should reject the defendant’s phony attempt to wrap herself in the flag. Indeed, Doreen Hendrickson’s utter contempt for the laws of the United States calls for a substantial term of incarceration. For the reasons set forth below, the government respectfully requests that the Court sentence the defendant to a term of incarceration of 24 months.

[ . . . ]

The defendant argues that § 2B1.1(b)(9) [of the Sentencing Guidelines] does not apply because she did not engage in fraudulent conduct. However, the defendant cites no authority to support her conclusion that intentionally filing false tax returns is not fraud or that this enhancement does not apply under these circumstances. Instead, a review of the cases interpreting § 2B1.1(b)(9) shows that a violation of federal law in contravention of a court order is sufficient to trigger the enhancement. See, e.g., United States v. Phillips, 363 F.3d 1167, 1168 (11th Cir. 2004) (failure to pay court-ordered child support resulted in enhancement under § 2B1.1(b)(9)).

As set forth above, the defendant attempted to perpetrate a fraud on the IRS by filing tax returns that concealed the true amount of income earned by her and her husband during the years at issue. Even after Judge Edmunds warned that her 2002 and 2003 returns were frivolous and enjoined her from filing similar returns in the future (and even though she was not legally obligated to file a tax return for 2008 because she did not earn sufficient income during that year) the defendant filed a tax return for 2008 on which she falsely claimed that she earned no wages. This gratuitous violation of federal law, which appears calculated to produce another “victory” that the defendant’s husband could display on his website, plainly satisfies the definition of “fraud in contravention of a” court order. Accordingly, the enhancement in § 2B1.1(b)(9) applies.[ . . .]
Now, for the surprise:
The defendant does not appear to object to the assignment of one criminal history point, pursuant to U.S.S.G. § 4A1.1(c), for her 2006 drunk driving conviction, which resulted in a sentence of probation.[footnote 5]. However, the defendant does contest the assignment of two additional criminal history points, pursuant to U.S.S.G. § 4A1.1(d), based on the probation officer’s finding that she committed part of the offense of conviction while on probation in the drunk driving case.
[footnote 5]As detailed more fully in the PSR, the defendant was arrested for operating a motor vehicle with a blood alcohol content of .30. During the course of the traffic stop that led to her arrest, the police had to use a Taser on her twice after she refused to comply with an officer’s order to exit her vehicle. Although the defendant’s convictions for drunk driving and contempt seem wholly dissimilar at first glance, the attitude that the defendant displayed toward law enforcement during the traffic stop is similar to the contempt for government authority that the defendant displayed throughout the proceedings before Judge Edmunds and this Court.
The memo goes on to assert, among other things, that in the U.S. Post Office bombing case, Doreen admitted to having obtained the phosphorus for the bomb from the school where she worked. This "model citizen" also testified, in the bombing trial as follows:
Q: . . . Did you believe that the placing, or do you believe now that the placing of this device was wrong?

A: No.

Q: And – but, but the same token, do you have any problem admitting that you were involved in getting the red phosphorus for this device.

A: No.

Q: You were involved, weren’t you?

A: Yes.
And, this excerpt from the bombing trial regarding her refusal to co-operate with government investigators:
A. . . . I told the postal inspectors that, whether I knew anything or not, it would be a cold day in hell that I told them about it.

Q: And your reason for not telling, was that because, among other things, you didn't want to be caught or prosecuted for it?

A: No, because I'm sure I could have gone through Mr. Rabaut, my attorney, and worked out some kind of a deal. It was just a general resistance to working with the Government.
There is a lot more in the memorandum, including references to the way the Hendricksons have corrupted their own children and to the CtC Warriors.

Sentencing is set for noon Eastern time, Thursday, April 9, in Federal court in Detroit.
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Re: Sentencing for Doreen Hendrickson

Post by Famspear »

A blood alcohol content (BAC) level of 0.30!

I believe the legal intoxication level for operating a vehicle in Michigan (I'm assuming that this is where it occurred) is 0.80 [EDIT: Correction, that should be "0.08"] (the same as in Texas), so a 0.30 for Doreen would have been over three times the legal limit.

According to a chart on a web page for the McDonald Center for Student Well-Being at the University of Notre Dame, a BAC of 0.30 is at the level of potential "alcohol poisoning" and "loss of consciousness".

http://oade.nd.edu/educate-yourself-alc ... entration/

And Doreen got probation. She is lucky she didn't kill herself or someone else.
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Re: Sentencing for Doreen Hendrickson

Post by fortinbras »

Did a decimal point move in the blood alcohol measurements?
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Re: Sentencing for Doreen Hendrickson

Post by . »

Huh. I dislike most of what the federal government does and has done. There's not much good to be said for most state or local governments, either.

But, however much I might dislike what governments do, would I ever give a cop who pulled me over a big enough load of crap to get me tased? No.

Would I ever assist in making some sort of incendiary device that might injure some random person on April 15th or any other day? No.

Would I ever defy the direct order of a federal judge? No.

The woman has her beliefs, but is misguided in the extreme and apparently has been so for years. I'm pretty sure I dislike the feds and the tax law about as much as she does, but there are no good reasons to pull the multiple, extremely stupid (not to mention completely ineffective) stunts she has.

She's the classic illustration of what the federal judge who said (and I paraphrase, citation needed) "you can hold any set of beliefs you wish, but acting on them has consequences" was talking about.

While she might be a "nice person" in the opinion of her friends, my preference would be that the judge let her contemplate her excursions into idiocy in federal prison for a couple of years. Might even encourage a potential future allegedly "innocent spouse" or two to think twice about what their spouse is really up to.
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Re: Sentencing for Doreen Hendrickson

Post by Famspear »

fortinbras wrote:Did a decimal point move in the blood alcohol measurements?
Oops, yeah, that's my typo. The legal limit should be typed as "0.08," not "0.80." I'll correct that in my post. Thanks.....
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Re: Sentencing for Doreen Hendrickson

Post by notorial dissent »

I think Doreen has been consistent and set in her behavior patterns for a great many years. She started probably before the Post office bomb, and I don't think she has changed or wised up one jot in all those years. To put it bluntly, I think her attorney's sentencing memorandum is purely a work of fiction.
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Re: Sentencing for Doreen Hendrickson

Post by Gregg »

the defendant was arrested for operating a motor vehicle with a blood alcohol content of .30

That is like, Jim Morrison drunk. Seriously, you can't be conscience enough to get tased twice at that BAC level without years of practice and building up resistance. People who blow .3 are either hard core alcoholics or someone trying to kill themselves with grain alcohol.
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Re: Sentencing for Doreen Hendrickson

Post by AndyK »

Moderately still on topic:

Some years ago, I had to rush a teenager to the emergency room after retrieving her from a "my parents are out of town" party.

She had a BAC of 0.31.

The doctor told me that she was lucky. 0.30 is where they start calculating risk of death.

At 0.30; people who do not receive immediate treatment have a 50% fatality rate.
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Re: Sentencing for Doreen Hendrickson

Post by Famspear »

Regarding the corruption of the Hendricksons' two children, the government states:
The defendant makes much of her involvement in the education of her two children as a reason the Court should not punish her in this case. See Def.’s Sentencing Mem. at 21. The truth is that the defendant appears to have indoctrinated her children into her own pernicious ideology. From an early age, the defendant and her husband used their children to promote their scheme. See http://www.losthorizons.com/cc.htm (last accessed 4/1/15) (photographs of Kathryn and [first name of son, possibly still a minor, redacted by Famspear] Hendrickson modelling t-shirts for sale on Peter Hendrickson’s website). She also appears to have “educated” them in tax fraud. Her children’s 2008 and 2009 federal and state tax refund checks are among those that the defendant’s husband posted on his website as examples of “victories” against the IRS. Exh. A (images of refund checks from http://www.losthorizons.com). In more recent years, the defendant’s daughter has advocated that people who don’t like paying taxes should visit her father’s website, and she was a featured speaker at a two-day conference that Peter Hendrickson organized to promote the views in Cracking the Code. Exh. B (Facebook post dated 2/18/13); http://www.youtube.com/watch?v=ayuI28ct3e8 (last accessed 4/1/15) (video of Kathryn Hendrickson’s lecture at the 2014 at the First Annual CtC Summer Symposium in 2014). By helping turn her children into “CtC Warriors,” the defendant has done a grave disservice to them...
--from pp. 27-28 of the aforementioned government’s response (footnote not reproduced).

Regarding the government’s request that the sentence be stiff enough to have a deterrent effect on others, the government states:
Perhaps the strongest argument for general deterrence comes from the defendant’s supporters themselves. In the last week, more than 1,300 individuals from at least 46 states, the District of Columbia, and seven foreign countries have signed an online petition that calls on this Court “[t]o exonerate Doreen Hendrickson.” [ . . . ] The comments on this petition cast the defendant as a victim of government corruption and echo the Hendricksons’ repeated claim that the various civil and criminal actions that the government has brought against them were intended to punish Peter Hendrickson for publishing his book. Id. The individuals who signed this petition are precisely the types of people who need to be deterred from violating the tax laws. The government has determined through public records searches that more than 120 of the signatories have been, or currently are, the target of tax collection activity either by the IRS or the state in which they live. More than 25 of the signatories have their tax refund checks or other tax notices posted on Peter Hendrickson’s website as examples of victories against the IRS and state tax authorities. [Footnote 16 not reproduced]. This petition shows the Court more than 1,300 cases in which general deterrence would apply if the defendant receives a substantial sentence. Anything short of incarceration will undoubtedly be hailed by the defendant’s supporters as vindication of her purported beliefs and victory for the Hendricksons’ cause.

The high level of publicity the sentencing in this case has received affords the Court a rare opportunity to deter followers of Cracking the Code and others who might contemplate such misconduct (many of whom may be in the courtroom when the Court pronounces the sentence) from continuing down the path of tax fraud and contempt. For this reason, it is particularly important that the defendant not seem victorious, as she was portrayed by many sources to be after the mistrial. Two years in prison is simply inconsistent with “victory.”
--from pp. 39-40 of the government’s response.
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Re: Sentencing for Doreen Hendrickson

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Anything short of incarceration will undoubtedly be hailed by the defendant’s supporters as vindication of her purported beliefs and victory for the Hendricksons’ cause.
And yet incarceration will result in the Crackheads claiming victory as well: "The government had to jail Doreen because Pete had exposed their dirty scheme to illegally tax us!"

It must be nice to be able claim victory and ignore the reality of the results you have inflicted on yourself.
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Re: Sentencing for Doreen Hendrickson

Post by Famspear »

Well, if I were one of the Hendrickson kids, this is how I might try to explain the whole thing:

Hey, let me tell you about my dysfunctional family! My dad has spent two terms in federal prison for federal tax crimes. Dad -- the happy go lucky kinda joker that he is -- spent his first term in prison for refusing to file a federal income tax return and for his role in that smoke bomb incident at the Post Office in Royal Oak, Michigan, where a Postal employee was injured. And of course my dad -- the rat, oh I mean, the joker -- secretly made a tape recording of his co-defendants so he could get his girl friend (who later became my mom) out of trouble in that case. How was Mom involved, you ask? Well, you know, Mom later admitted in court that she was the one who stole the phosphorus from the chemistry lab at the school where she worked as a teacher -- you know, the phosphorus that was used to make the bomb, and she said in court that she didn’t see anything wrong with doing that, and that she refused to cooperate with the Postal Service Inspector not because she was trying to avoid jail but because she said she had “just a general resistance to working with the Government.” Hey, way to go, Mom! And of course after my Dad got out of prison the first time, he and Mom had to file bankruptcy in federal court in Michigan. And after that my Dad went to prison a second time for using his own Cracking the Code tax evasion scam, uh, oh wait I mean method, oh wait, no, Dad says it’s not a method. And, and, and, gee willikers, Mom was convicted of drunk driving a while back, after she was found to have had over three times the legal limit of alcohol in her system, and of course when she was stopped by the police, like the Patriot she is, she refused to obey the officer’s instruction to exit her vehicle, and she had to be Tased not once but twice, but that’s because she’s such a Patriot! Yay, Mom! And of course she committed yet another crime -- willful violation of a federal court order while on probation for the drunk driving conviction. And of course now she’s awaiting sentencing for violating the court order. But, hey, that’s my family, and let’s hear it for upholding the rule of law!

:|
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Re: Sentencing for Doreen Hendrickson

Post by Famspear »

Gregg wrote:
the defendant [Doreen Hendrickson] was arrested for operating a motor vehicle with a blood alcohol content of .30

That is like, Jim Morrison drunk.....
I bet Jim Morrison was a whole lot more fun to hang out with, too.
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Re: Sentencing for Doreen Hendrickson

Post by LPC »

. wrote:She's the classic illustration of what the federal judge who said (and I paraphrase, citation needed) "you can hold any set of beliefs you wish, but acting on them has consequences" was talking about.
Judge Easterbrook wrote:“The government may not prohibit the holding of these beliefs, but it may penalize people who act on them.”
Coleman v. Commissioner, 791 F.2d 68, 69 (7th Cir. 1986).

And yes, that quote is a good rebuttal to the claim that she's being punished for her beliefs.
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Re: Sentencing for Doreen Hendrickson

Post by grixit »

"Cracking the Hendricksons" would be a good title for a reality show.
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Re: Sentencing for Doreen Hendrickson

Post by . »

LPC wrote:
. wrote:She's the classic illustration of what the federal judge who said (and I paraphrase, citation needed) "you can hold any set of beliefs you wish, but acting on them has consequences" was talking about.
Judge Easterbrook wrote:“The government may not prohibit the holding of these beliefs, but it may penalize people who act on them.”
Coleman v. Commissioner, 791 F.2d 68, 69 (7th Cir. 1986).

And yes, that quote is a good rebuttal to the claim that she's being punished for her beliefs.
Thanks, Dan. I knew one of you guys would have it at your fingertips. I should have said "I paraphrase very loosely," but at least the gist of it was clear.

Too bad Doreen will apparently never get the point. She'll probably continue to (and I paraphrase closely) "believe with great fervor preposterous things that just happen to coincide with her self-interest."

I love judges like Easterbrook who speak clearly and sometimes even with wry humor.
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Re: Sentencing for Doreen Hendrickson

Post by . »

grixit wrote:"Cracking the Hendricksons" would be a good title for a reality show.
Great idea. Although maybe a bit depressing. How about a remake called "Harry and the Hendricksons: Bigfoot explains CtC and prison"? Hmm. Probably equally depressing.

But, Lord knows they could use a few bucks to pay their tax debts and/or lawyers. They could be consultants on multiple TV/movie deals. Might even get the CtCers psyched enough to post more friv-pen and Tax Court victories.

The TV spin-off of the Hendersons movie was good enough to attract Tony Dow ("Wally" in Leave it to Beaver) and Dwayne Hickman (The Many Loves of Dobie Gillis) as directors, can you believe it? I watched those guys in their original runs on TV as a kid.

Not to date myself or anything. I'll stop now.
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Re: Sentencing for Doreen Hendrickson

Post by Famspear »

. wrote:....The TV spin-off of the Hendersons movie was good enough to attract Tony Dow ("Wally" in Leave it to Beaver) and Dwayne Hickman (The Many Loves of Dobie Gillis) as directors, can you believe it? I watched those guys in their original runs on TV as a kid.

Not to date myself or anything. I'll stop now.
It's too late.

:)
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Re: Sentencing for Doreen Hendrickson

Post by notorial dissent »

Doreen is what 60 now? I really doubt if she is going to suddenly get smacked with a clue stick and wise up, one can always hope, but reality and history say otherwise. I have to say, that looking at her life and decisions over what 30 years now, that Doreen is NOT a smart, sensible, or thinking woman, not prone to thinking about what she is doing or going to do, and not concerned about anyone but maybe herself, and I'm not convinced she has even that much sense. If we go back to her involvement with the Post Office bombing, she showed no concern for the possible harm that could have come to the Post Office employees or anyone else she came in contact. The second proof of this is that she attached herself to Pissant Pete and then married him. The third point I would say is her blindly following Pete down the rabbit hole and eventually winning her her very own prison sentence. This does not speak of someone with much if any sense and no sense of self preservation, and I would say also based on the foregoing, no sense period. Doreen is a true follower, in fact it would appear that she is incapable of taking independent action on her own, if otherwise, she has never evidenced it that I have been aware of. I should suspect she'll be very happy in prison, there'll be someone always telling her what to do, she won't have to make any decisions, and she won't be in control of her own life.

I will say in her defense, that I suspect that she does "believe" in the rubbish that Pete has been peddling, for one thing I don't think she has the ability to think discriminantly, or at least if she does she has never exhibited it for us mere mortals. However, as Judge Easterbrook wrote: “The government may not prohibit the holding of these beliefs, but it may penalize people who act on them.” She seems to be the new poster girl for that sentiment.


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
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Re: Sentencing for Doreen Hendrickson

Post by Famspear »

Ah, Thursday, April 9th! A big day for Doreen!

Question: In deciding whether to give Doreen time to settle her personal affairs before going to prison, will the Court consider her to be a flight risk?

Answer: Probably not. It's a well known fact that a dodo bird cannot fly.

http://en.wikipedia.org/wiki/Dodo
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Re: Sentencing for Doreen Hendrickson

Post by notorial dissent »

Rowrr!!! But true.
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