Hello Jim, Thanks for the links. I think this is what broke his neck, so to say: "The indictment alleges that on January 28, 2000, Simkanin filed false and fraudulent claims for refund when he requested refunds on taxes totaling $234,515 which Simkanin had previously withheld from Arrow employees during the period from March 1997 through December 1999"
Not collecting/withholding taxes from his employees is one thing, but trying to get back payroll and other taxes that had already been paid, might have been pushing it a bit too far. After all, had they let him get away with that one, chances are that there would have resulted a flood of similar requests from others. Hence I'd say it is less a question of law and legalities, than it is a matter of mere survival for state and gov. I fear that 'false and fraudulent claims' is going to be the rope they will hang him with because there they have a case - EVEN, if they can't proof his obligation to withhold taxes. After all, it would have been the employees who would have had to file for a refund, not the employer. Therefore, even if his every intention was to return the funds to the employees, this 'technicality' may well be enough to force him to plea bargain. The real disturbing news is of course that he is (as you pointed out) being held under the vague regulations of US PATRIOT (junior edition, the one they slipped through during the super bowl if memory serves right), because this is a scary 'decission precedent' which will encourage other court figures to follow suit in the future and quote the precedent as the reason for their decission - which all but absolves them from taking responsibility for a ruling. Scary times ahead, indeed. Cheers, Robert. budget & privacy website hosting http://www.cyberica.net budget & privacy domain registrations + mail http://www.u2planet.com/cfdomaintrust.html --- You are currently subscribed to e-gold-list as: [EMAIL PROTECTED] To unsubscribe send a blank email to [EMAIL PROTECTED] Use e-gold's Secure Randomized Keyboard (SRK) when accessing your e-gold account(s) via the web and shopping cart interfaces to help thwart keystroke loggers and common viruses.
