Hendrickson Guilty!

[jkeeb]

D. Pete is going to offer up a list of all the loser heads in exchange for probation. The AUSA is going to laugh in his face because the list is posted on lostheads.

[Famspear]

From PACER for 26 October 2009:

Minute Entry for proceedings held before District Judge Gerald E Rosen: JURY VERDICT as to Peter Hendrickson (1) Guilty on Count 1-10.(Court Reporter: Carol Sapala) (Defendant Attorney: Mark Lane; Mark E. Cedrone; Jack R. Hendrickson, Jr.) (AUSA: Mark R. Daly; Michael C. Leibson) (RBri) (Entered: 10/27/2009)

[iplawyer]

From Pete to the Lost Heads:

Over the last 45 days or so, a few significant events have occurred in this matter, prompting this update.



First of all, in what attorneys familiar with federal procedures describe as a highly unusual move, the Department of Justice (sic) has produced partial records of internal communications between IRS personnel and those of IRS personnel with DoJ officials concerning the decision to initiate this assault on me personally, due to their inability to dispute the truth about tax revealed in CtC. These selected records have been given to Chief District Court Judge Gerald Rosen for in camera review. It is perhaps the DoJ's hope that this customized submission will forestall an actual order from the court for a more complete submission pursuant to a defense motion to the court to that effect, which has been pending since January, and which, like nearly all of the defense motions so far, was "taken under advisement" by the court on May 14.



I have only been furnished with a summary identifying each series of exchanges, and not the actual emails and other individual communiqués, but by itself the summary is quite interesting. First, the summary immediately suggests the government's motive of pre-empting an actual order, and consequently more complete release, since it indicates that only exchanges through June of 2006 were given to the judge for review. The indictment didn't occur until November of 2008-- nearly 2 1/2 years later, so there would appear to be much that has been left out of this submission. Furthermore, this summary suggests that only exchanges of a formal nature were provided. (By the way, the unfinished sentence in the last entry in the summary linked above is as it was submitted.)



More interesting still, the summary makes clear that operatives in the IRS have been repeatedly trying to come up with some pretext for charging me with something-- which efforts had been being repeatedly shot down-- since as early as 2004! The summary describes two "referrals" for criminal investigation shot down by the Detroit IRS offices, followed by the shopping-out of the effort to the apparently more pliable Cleveland IRS office. That office accepted the "referral", but then also apparently recognized the illegitimacy of the effort. As noted in the cover letter accompanying the summary, which itself purports to "summarize" the history reflected in the materials given to the judge, "[T]he referral was re-assigned to the Cleveland Field Office, where it was accepted. Ultimately, the Grand Jury investigation was not expanded to include Hendrickson as a target."



The cover-letter summary goes on to say that an "administrative investigation" was then commenced-- this is the investigation which included a series of summonses to my "third-party recordkeepers" discussed in detail here. Significantly, that investigation was unable to produce anything serving the purposes of those in the IRS behind this assault. This is made clear by the nature of the indictment upon which they were finally forced to settle, which ended up merely alleging that I didn't believe what I said on documents long-since in the record. In fact, the allegations to which the "ignorance tax" schemers ultimately resorted after all of that struggle to find more plausible pretexts for this assault could have been written at any time from 2002 on, with no change whatsoever other than in the number and relevant dates of the otherwise identical counts.



All of the flailing about revealed in these summaries didn't happen in a vacuum, of course. Every bit of it went on distinct from, parallel to, and coincident with, the four failed efforts to enjoin distribution of CtC and impose penalties on me based on spurious charges of "promotion of an abusive tax shelter" (a charge which the government has broadly applied, and with great success, to those actually espousing mistaken views about the "income" tax over the years) discussed here; not to mention the calculated misinformation campaigns of the IRS against CtC discussed here; the bogus "lawsuit" against my wife and me discussed here; the series of frantic redesigns of "notices" "forms" and "letters" described here; and the ongoing, six-years-now-and-counting successes of CtC-educated Americans in reclaiming every penny withheld from them and given over to the federal and a constantly-growing number of state and local governments in connection with the "income" tax documented here, of course.



All in all, the government's efforts to evade the truth revealed in CtC have been impressive indeed (for volume, vigor and unscrupulousness, anyway). They call for matching efforts by those of us that know and care about the truth to see to it that it continues to spread, and that these corrupt government programs to dissuade others from learning the liberating truth fail.



***



The Truth Gets Mugged (for the moment...)



Five hours after being given the following instructions over my strenuous objection and demand that the jurors be provided the actual language of the statutes, to which the judge replied (in court, but with the jury absent) that he wasn't going to let the jurors see that actual language because were they to do so, it might cause them to speculate as to its meaning:



WAGES DEFINED



As it relates to the charges in this case, I instruct you that the term “wages” means all payments for services performed by an employee for his employer. The term wages applies to all employees and is not restricted to persons working for the government. 26 U.S.C. § 3401(a); 26 U.S.C. § 3121(a).




EMPLOYER DEFINED

As it relates to the charges in this case, I instruct you that the term “employer” means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person . This definition applies to all employers, whether private or government. 26 U.S.C. § 3401(d); 26 U.S.C. § 3121(b).




EMPLOYEE DEFINED

As it relates to the charges in this case, I instruct you that the term “employee” means any individual who performs services and who has a legal employer-employee relationship with the person for whom he performs these services. 26 U.S.C. § 3121(d)(2); 26 U.S.C. § 3401(c).




...and after the two most attentive jurors-- one of whom had actually asked during the trial to see the language of 3401 and 3121, and been rebuffed-- were bumped as alternates, the jury in my trial came back with guilty verdicts on all counts.



This was also after the prosecution had succeeded in stopping me from presenting any revealing special-case victories to the jury by the expedient of stipulating, at the judge's direction, that "numerous people have gotten refunds by filing returns similar to Mr. Hendrickson's". This didn't stop the jurors from learning that 750 such refunds were confirmed with evidence, but it did prevent them from learning about those that reflected extended contests with the tax agencies before issuing, thus leaving them able to harbor the notion that all of these refunds just "slipped through the cracks".



It was also after an extended introduction of documents by a State of Michigan "disclosure officer" who ended up being caught out in a couple of subterfuges, claiming to have furnished us with a complete copy of the state agency's file on me but having left out several "no tax due" notices which I happened to have saved (of course) and was able to produce during my own testimony. Further, although the "disclosure officer" testified that Michigan had made "assessments" concerning Doreen and me, the document she ultimately described as the "assessment" on cross-examination proved to be merely a form referring to a "proposed adjustment of tax".



Indeed, included in the document dump provided by the government (about 48 hours before trial, and a foot thick) was a letter from this same "disclosure officer" on which she states, over her signature, that in fact, Michigan has never conducted an audit related to me for any of the years 2000 through 2007. The prosecution didn't introduce this letter into evidence, though (no surprise), and unfortunately my team overlooked it until too late to present it to the jury.





The prosecution also presented a "disclosure officer" from the IRS, who bored and bewildered everyone with an hours-long description of my filings and various IRS documents. Interestingly, among these documents (but never presented to the jury during the trial) were current certificates of assessment (as of 9/03/09) for the years 2002 through 2006-- every one of which shows $0 assessed for all of these years (except for $28.34 for 2003, on an IRA distribution taken that year).



Aside from $20 in 2002, the $286 for that IRS distribution in 2003 and $63 in 2004 (with a $10,484.47 overpayment showing as acknowledged but not yet refunded for that year), all show $0 "income". Again, these are certificates of status as of last month...



The 2005 and 2006 transcripts show "Substitutes for Return" listed as the data source based on the fiction that no returns were filed. Those returns were introduced in the trial, so I guess that pretense is put to rest, but the point here is that even when the 'service' was operating under this pretense, it produced $0 assessments for these years (with assessment dates of 10/08/07 and 5/19/08, respectively- although also $0 balances, making the whole calculating process somewhat obscure at this point, since money was withheld from me in both years).



On another interesting subject, one IRS witness testified that, conservatively estimated (her expression), her office alone has seen well over 10,000 CtC-educated filings pass through over the last several years. No wonder they so badly want to hang me out to scare others away from CtC.



CtC itself never made it to the jury, nor any portions of the book. This was in part, at least, just a screw-up on the part of my legal help, who forgot to publish to the jury selected chapters that had been prepared as exhibits when the opportunity to do so arose.



That said, it's entirely possible that these might have been disallowed anyway, as they contained the language of the statutes that the judge didn't wish the jury to see. Consequently, the real unambiguous tragedy there is that I hadn't taken the opportunity during my own testimony to discuss the nuances of the law in any depth, due to a recommended approach of keeping that testimony simple, while relying on the published material to cover the details. It was only after the defense had rested that I learned that these exhibits had never been offered.



In the end, the prosecution relied on testimony quoting some radical-sounding, out-of-context words I was on record as saying 20 years ago, combined with some of more recent vintage taken wildly out-of-context, to give the impression that I just have a sustained hatred the federal government and the tax system as a motivation, which, along with my avowed expertise on the tax law was used to attack me on the "willfulness" front. At the same time the instructions posted above were used to simply dictate to the jury its conclusions on the rightness or wrongness of what appears on my filings, thus relieving the prosecution of all its burdens in that regard.



These were blended with a largely irrelevant, but mind-numbing five or six hours of document-identifications by the "disclosure officers" mentioned earlier. These dull, bureaucratic recitals combined to give a sense of weight to what was really a pointless exercise in terms of evidentiary value, in that these "disclosure officers" were carefully chosen for their inability to actually testify as to content of these documents-- that is, any and all conclusions or analysis presented ON those documents. This was a clever ploy, in that it gave the defense no one to challenge as to any of that content (such as to establish that every bit of it was based 100% on nothing more than taking as gospel the unsupported claims on the relevant W-2s).





Needless to say, I'm not happy, and my family is in serious distress. But we will persevere, and intend to appeal over the matter of the instructions above, and other issues, as well.



You are the ones that make this possible, and I thank all of you from the bottom of my heart for your prayers, your kind and heartening words, and your support throughout this ordeal so far. I hope that you will continue in every respect going forward, and especially keep up your own courage and commitment in upholding the rule of law (though I have no fears on that score).



There is an old story that I'm sure you all know, about a group of mice being preyed on by a cat. One day, one of the mice has the bright idea of hanging a bell around the cat's neck, so that the mice will all hear it coming, and thus avoid being consumed. Everyone agrees that the plan is brilliant, but then comes the question, "Who will be the one to put the bell on the cat (and surely die trying)?" Faced with that, no one acts, and the mice go on as abject victims of the hungry cat.



However, there IS a solution to that conundrum: If all the fellows of the mouse doing the belling act together in his support, the cat can be overwhelmed and the job can be done.



In this case, the mice are supposedly free men and women, and the task that needed doing was that of pulling back the curtain to reveal a corrupt lie by which everyone has already been victimized for decades, and would continue to be for decades to come. I stepped forward and pulled back that curtain, and now the liars are trying to cut off my hand so that the curtain can drop back into place and their exploitations can continue unhindered. I need my fellows to help, right now.



Donations can be made here. Anything that you can afford to contribute-- even if it's just $10-- will be helpful and much appreciated.



Many of you have already contributed to my expenses in dealing with this assault on the truth and our rule of law, and I am enormously grateful to all who have done so. But just getting to where we are in this affair so far, has cost nearly $200,000.00 in legal fees. Much more will be needed going forward in pursuing the appeal.



By the way, an alternative to simple donations that has another, special virtue is to purchase copies of CtC to give to friends, family and neighbors...



As it happens, the eleventh edition of CtC is now available, and so, even if just a single book is all that you can afford, this is a perfect time to give your older edition to someone needing to learn the truth about the tax and to give yourself a new copy with all the text upgrades, additional authorities and appendix supplements included to one degree or another in every new edition. If your budget allows for more, discounts begin with as few as six copies. Click here for ordering and discount information.



Above all, even if helping financially is simply beyond your abilities at this time, don't let yourselves be cowed into silence. Lies and corruption require darkness to thrive. The light of public awareness is to them as daylight is to a vampire.



However, I simply cannot command the attention of the media. The first thing anyone in the media does upon hearing from me is go to Google, and the first thing they find is a DoJ press release, or some other carefully-crafted, misleading page by an enemy of the truth which deliberately excludes all of the legal victories (and the legal shenanigans of the opposition), the hundreds and hundreds of practical victories, the facts about the disinformation campaigns and the other plain evidence of the actual truth of CtC-related events over the years, and which also excludes any of the actual content of the relevant law, of course. Typically, the matter gets no second look, nor any skeptical investigation of these calculated misrepresentations.



YOU can get more traction, though, because you're not saying, "Hey, look at my stuff!" You're saying, "Hey, look at this guy's stuff! I did, and it took awhile, but what I learned will blow your socks off, and it's the story of the century!"



So please, stand up, loud and proud. If you are in the media, or know anyone who is, please help see to it that informed, honest reporting is done about CtC and this current desperate, corrupt assault on the liberating truth. And even if you're NOT in the media officially, help me get the word into the new media, which matters at least as much. Send me your video testimonials.



"Cowardice asks the question - is it safe? Expediency asks the question - is it politic? Vanity asks the question - is it popular?

But conscience asks the question - is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular; but one must take it because it is right."

-Dr. Martin Luther King, Jr.



Why It Matters



*People exploited as resources by others while under a delusion keeping them from realizing the sordid truth. See 'The Matrix'.

[Judge Roy Bean]

From Pete to the Lost Heads:

Over the last 45 days or so, a few significant events have occurred in this matter, prompting this update.
...
However, I simply cannot command the attention of the media.
...
and it's the story of the century!"
...

[Doktor Avalanche]

[Quixote]

It was only after the defense had rested that I learned that these exhibits had never been offered.

Demo was right not to attend. Apparently even Pete couldn't stay awake during the trial.

[Imalawman]

What a load of crap, in words of Cap'n Kickback - break 'em hard. I sincerely hope that he gets the maximum sentence and spends it in absolute misery. While this may sound calloused and harsh, I've seen first hand the people he duped and devastating consequences of his stupidity. Jail is too nice a place to send this creep.

[Pottapaug1938]

What a load of crap, in words of Cap'n Kickback - break 'em hard. I sincerely hope that he gets the maximum sentence and spends it in absolute misery. While this may sound calloused and harsh, I've seen first hand the people he duped and devastating consequences of his stupidity. Jail is too nice a place to send this creep.

They ought to strap this guy to a chair, and make him listen to the stories of people who went down the tubes because they bought his line of baloney, or any similar baloney, for the length of his sentence.

[ErsatzAnatchist]

You assume he would care. The man is pathological.

It is all about Pete.

[webhick]

You assume who would care. The man is pathological.

There are ways to make him care. For instance, we could attach one end of a sensor to the empathy center of his brain and the other end to a car battery hooked up to his junk. Then, every time his empathy center goes dark, it would automatically fry his swimmers. Its a win-win situation.

[LPC]

Over the last 45 days or so,

Of course, this "update" is buried in an older document and is undated, so it takes a bit of work to figure out what time period he's talking about.

I think it is evidence of Hendrickson's mental disease that his web site is such a mess.

Ditto Chris Hansen, now that I think about it.

[LPC]

However, I simply cannot command the attention of the media. The first thing anyone in the media does upon hearing from me is go to Google, and the first thing they find is a DoJ press release, or some other carefully-crafted, misleading page by an enemy of the truth which deliberately excludes all of the legal victories (and the legal shenanigans of the opposition), the hundreds and hundreds of practical victories, the facts about the disinformation campaigns and the other plain evidence of the actual truth of CtC-related events over the years, and which also excludes any of the actual content of the relevant law, of course.

I think the "enemy of the truth" is me (helped by Famspear).

Typically, the matter gets no second look,

Which is not really what I intended, but is gratifying nevertheless.

[LPC]

Sentencing is set for 2/9/2010.

[Imalawman]

You assume who would care. The man is pathological.

There are ways to make him care. For instance, we could attach one end of a sensor to the empathy center of his brain and the other end to a car battery hooked up to his junk. Then, every time his empathy center goes dark, it would automatically fry his swimmers. Its a win-win situation.

man, I really liked my keyboard....

[webhick]

Typically, the matter gets no second look,

Which is not really what I intended, but is gratifying nevertheless.

Considering that Google's algorithm "understands exactly what you mean and gives you back exactly what you want," it's pretty obvious the people want you, Dan. They want you bad.

[bmielke]

On 2/9 will Pete come quietly or is this another Ed Brown in the making?

[Famspear]

Crackhead "continentalarmy" is upset with the judge in Hendrickson's case:

Shame on you!

Who is your puppet master you traitor? Instructing the jury the way you did . . . defining "employee" and "employer" and "wages" the way you did.

No!!! You didn't tell them about the term "service" did you? Do you think your "truthful" description of those terms will save you in your day of judgment? You are so clever . . . so wise. The stupid jurors were totally led astray by your brand of Satanic justice. And a courageous fellow American is led to the slaughter by your twisted truth. The last laugh will be his. And fire and brimstone will be your lot. You will share the righteous fury of God with your whores from Quatloos.

There will be weeping and wailing and gnashing of teeth . . . where the flame is not quenched, and the worm never dies. Reap the righteous fury of the Holy Lord of Hosts.

"Woe unto you, scribes and Pharisees, hypocrites! for ye pay tithe of mint and anise and cummin, and have omitted the weightier matters of the law, judgment, mercy, and faith: these ought ye to have done, and not to leave the other undone."

http://www.losthorizons.com/phpBB/viewtopic.php?t=2260

[Quixote]

Crackhead "continentalarmy" is upset with the judge in Hendrickson's case:

Shame on you!

Who is your puppet master you traitor? Instructing the jury the way you did . . . defining "employee" and "employer" and "wages" the way you did.

No!!! You didn't tell them about the term "service" did you? Do you think your "truthful" description of those terms will save you in your day of judgment? You are so clever . . . so wise. The stupid jurors were totally led astray by your brand of Satanic justice. And a courageous fellow American is led to the slaughter by your twisted truth. The last laugh will be his. And fire and brimstone will be your lot. You will share the righteous fury of God with your whores from Quatloos.

There will be weeping and wailing and gnashing of teeth . . . where the flame is not quenched, and the worm never dies. Reap the righteous fury of the Holy Lord of Hosts.

"Woe unto you, scribes and Pharisees, hypocrites! for ye pay tithe of mint and anise and cummin, and have omitted the weightier matters of the law, judgment, mercy, and faith: these ought ye to have done, and not to leave the other undone."

http://www.losthorizons.com/phpBB/viewtopic.php?t=2260

How boring. Even his rants are cut and pasted.

[Joey Smith]

You will share the righteous fury of God with your whores from Quatloos.

We've got hos?

[Judge Roy Bean]

You will share the righteous fury of God with your whores from Quatloos.

We've got hos?

Actually, hos or not, we should consider it an honor to be mentioned by the lunatics. The fact that they prowl the site is revealing.