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After haggling with revenue agents, criminal investigators and
eventually U.S. prosecutors for almost a decade, Wesley Snipes
finally caught them by surprise.
Hours before he was to be sentenced Thursday for failing to
file income taxes he insisted he never had to pay, the action
star cut the federal government three checks for $5 million, delivered
in court.
So taken aback were prosecutors that they first declined the
cash. But by the end of the day, the government took the money
and more _ a maximum three-year sentence for its highest-profile
criminal tax target in decades.
''The sentencing court sends the right message to the American
taxpayer _ you've got to pay your taxes,'' U.S. Attorney Robert
O'Neill told reporters outside the usually quiet central Florida
courthouse. ''Rich, poor, it doesn't matter. We all pay our taxes.''
Though Snipes was convicted of three counts of willfully failing
to file returns, his trial was held by some as proof of victory
for the tax protest movement. Snipes was acquitted of five other
charges, including felony tax fraud and conspiracy, that would've
exposed him to 13 more years in prison.
Criminal tax prosecutions are relatively rare _ usually the
cases are handled in civil court, where the government has a lower
burden of proof.
Snipes' attorneys argued the sentence was too stiff for a first-time
offender convicted of three misdemeanors, and recommended he be
given home detention and ordered to make public service announcements.
But U.S. District Judge William Terrell Hodges said Snipes exhibited
a ''history of contempt over a period of time'' for U.S. tax laws.
''In my mind these are serious crimes, albeit misdemeanors,''
Hodges said.
The action star of the ''Blade'' trilogy, ''White Men Can't
Jump,'' ''Jungle Fever'' and other films hasn't filed a tax return
since 1998, the government alleged. Snipes and the IRS still must
determine how much he owes, plus interest and penalties. The government
alleged Snipes made at least $13.8 million for the three years
in question, owing at least $2.7 million in back taxes on them
alone.
Snipes read aloud from a prepared apology, calling his actions
''costly mistakes'' but never mentioning the word ''taxes.'' He
said he was the victim of crooked advisers, a liability of wealth
and celebrity that attract ''wolves and jackals like flies are
attracted to meat.''
''I am an idealistic, naive, passionate, truth-seeking, spiritually
motivated artist, unschooled in the science of law and finance,''
Snipes said.
His lawyers said he was no threat to society, and offered three
dozen letters from family members, friends and even fellow actors
Woody Harrelson and Denzel Washington attesting to his compassion,
intelligence and value as a mentor. They called four character
witnesses Thursday, including television's Judge Joe Brown, who
incited applause from the gallery by suggesting Snipes was no
different than ''mega-corporate entities'' that legally avoid
taxes.
Hodges twice halted the proceedings to quiet the crowd, threatening
to clear everyone out if they made another outburst.
Snipes' co-defendants, Douglas P. Rosile and Eddie Ray Kahn,
were convicted on both felony counts on which the actor was acquittal.
Kahn, who refused to defend himself in court, was sentenced to
the maximum 10 years, while Rosile received 4½ years. Both
will serve three years of supervised release.
Snipes and Rosile remain free and will be notified when they
are to surrender to authorities. Defense attorney Carmen Hernandez
signaled in court that Snipes would pursue an appeal.
Kahn was the founder of American Rights Litigators, and a successor
group, Guiding Light of God Ministries, that purported to help
members legally avoid paying taxes. Snipes was a dues-paying member
of the organization, and Rosile, a de-licensed accountant, prepared
Snipes' paperwork.
The actor maintained in a yearslong battle with the IRS he did
not have to pay taxes, using fringe arguments common to ''tax
protesters'' who say the government has no legal right to collect.
After joining Kahn's group, the government said, Snipes instructed
his employees to stop paying their own taxes and sought $11 million
in 1996 and 1997 taxes he legally paid.
Defense attorneys Hernandez and Daniel Meachum said Snipes was
unfairly targeted because he's famous. Meachum called prosecutors
''big game hunters,'' selectively prosecuting the actor while
Kahn's some 4,000 other clients remained free.
Hodges was not swayed.
''One of the main purposes which drives selective prosecution
in tax cases is deterrence,'' the judge said, while denying it
had anything to do with his sentence. ''In some instances, that
means those of celebrity stand greater risk of prosecution. But
there's nothing unusual about it, nor is there anything unlawful
about it. It's the way the system works.''
Source: Associated Press
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