Re: [tips_and_tricks] Dr. Dean's address
- Look on the federal bureau of prisons web-site. They
used to have a page to help locate federal inmates.
> My letter to my friend, Dr. Ward Franklin Dean,"No longer at This Address".
> Does anyone know of his whereabouts and address now?
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
- When I received a response from him, he was here, but stated he was being
moved for a pych evalutation.
Dr. Ward Dean M-10
c/o Santa Rosa Criminal Justice Facility
P.O Box 7129
Milton, Florida 32572-7129
>From: Sterling W Wyatt <swwyatt@...>
>Subject: [tips_and_tricks] Dr. Dean's address
>Date: Wed, 3 May 2006 02:29:34 -0500
>My letter to my friend, Dr. Ward Franklin Dean,
>@ R3R169787, P.O. Box 17800,
>Pensacola FL 32522-7789
>came back marked "No longer at This Address".
>Does anyone know of his whereabouts and address now?
>Sterling Wayne Wyatt
>Yahoo! Groups Links
- Hi All,
Recently I joined this list. I have been browsing the message archives and
this is my first post here. Greetings to all, but please bear with me if I
botch any list rules or guidelines.
I'd like to engage a discussion about authenticating evidence with respect
to the Federal Rules of Evidence (FRoE). All evidence must be authenticated
in one manner or another. Some forms of evidence are self-authenticating
pursuant to Rule 902. Alternately, all other forms of evidence are not
self-authenticating and controlled under Rule 901.
Generally, authentication is performed by a competent fact witness with
personal knowledge (Rule 602). But can evidence be authenticated without a
competent fact witness? If so, what are those guidelines?
I'm thinking about the IRS administrative and litigation process. For many
people the evidence trail typically begins with a W-2 or 1099 information
return. Those documents are not signed under penalties of perjury pursuant
to section 6065 of the IRC, but an accompanying W-3 or 1096 transmittal
form provides that jurat. Interestingly, however, after the IRS clerks
enter into the computer the information from these information returns, the
information returns and transmittal forms disappear. Yes, the IRS folks
seem to intentionally destroy evidence.
With any subsequent contact with IRS bureaucrats, all an alleged taxpayer
will see are computer print-outs of these information returns, never to see
the actual original documents. A GAO report from 1996 and a recent report
from only a couple of months ago reveals that the IRS folks have no way of
authenticating or securing their computer data. Additionally, the original
section 6065 jurat no longer exists. That would seem to indicate that these
computer print-outs cannot be used as admissible evidence.
Should things get interesting during any tax dispute, the IRS folks merely
demand that the original payer print a facsimile copy of the original W-2
or 1099. However, there will be no attached facsimile transmittal form with
a signed jurat. Thus, there again are no signatures to satisfy section 6065
and once again a problem seems to exist with respect to authenticating the
facsimile documents. Of course, at a hearing or trial the IRS folks could
authenticate the information return through verbal testimony of the payer,
but often that never happens.
Another trick the IRS folks will perform is to request copies of canceled
checks. The sums of those canceled checks likely will match the amount
reported in the information returns. With the computer print-out, the
facsimile information returns, and the sum of the canceled checks, there
seems to be three points to define the line. However, the IRS attorney or
the hearing officer cannot act as a material witness with respect to those
documents and possess no standing to provide testimony on behalf of other
potential witnesses. Therefore, without a competent witness, are the copies
of canceled checks admissible evidence?
Rule 803(6) is a hearsay exception rule for records created in the normal
course of business. But Rule 803(6) requires the documents be authenticated
by the record custodian or other qualified witness (typically a
supervisor). The documents are not self-authenticating.
Rules 1002 and 1003 allow for duplicate documents if reasonable evidence
can be submitted that the original documents no longer exist, but do those
rules allow bypassing the authentication process demanded of the original
documents? Probably not, but I am unsure.
Rule 903 allows for signed documents to be admitted without verbal
testimony, but if the jurats no longer exist can those documents be
admitted under Rule 903? Probably not, but I am unsure.
Are any of these documents admissible as evidence if there are no competent
witnesses or jurats available to authenticate those documents? Will a
hearing officer, judge, or IRS attorney find a loophole in the Rules to get
those documents admitted as evidence?
A similar observation appears with documents generated within the IRS. A
couple of years after the RRA of 1998, to satisfy the arguable intent of
section 6020(b), the IRS folks abandoned their infamous section 6020(b)
"dummy returns" and began completing Form 4549 "Income Tax Examination
Changes." Tax court judges accept the Form 4549 as satisfying the intent of
section 6020(b), but doing so requires first depending upon information
returns as being presumptively correct. Yet, although this Form 4549 is
electronically subscribed, the signature is not under the penalties of
perjury nor is the information attested to being true, complete, and
correct. A judge likely will dismiss that latter challenge because if the
information return is presumptively correct, then the remainder of the
calculations is basically a plug-and-chug exercise from the existing tax
tables and exemptions. But is this Form 4549 admissible as evidence if the
signer of that form does not appear at a hearing or trial to authenticate
the document and information and there is no signature under penalties of
Where all of these leads, of course, is if one can successfully challenge
the authentication of these information returns and documents, then the IRS
folks possess no evidence that is admissible. Without admissible evidence
they have no case. 30-day and 90-day letters become voidable. Etc. I'm far
too cynical that a judge or hearing officer would allow a tax case to
collapse based upon challenges of authenticating evidence. To do so would
open the door to collapsing the entire house of cards. Still, I'd like to
hear ideas and opinions from all of you regarding the authenticating
process and challenges that arguably could succeed.
- Here's an updated list of most of our fellow patriot prisoners including Dr. Dean.************************************************Write to our patriot prisoners:
Irwin A. Schiff, Inmate ID No. 08537014
Florence Correctional Center
1100 Bowling Road
Florence, Arizona 85232
Cynthia Lynn Neun
c/o 274586 MCC-45B
North Las Vegas Detention Center
2332 Las Vegas Blvd., North, Suite 200
North Las Vegas, Nevada 89030-5957
Richard Michael Simkanin
30383-177 Unit F
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 7000
TEXARKANA, TX 75505-7000
Web page: http://irwinschiff.homestead.com/DickSimkanin.html
Walter Allen Thompson
TAFT CORRECTIONAL INSTITUTION
PO BOX 7001
TAFT, CA 93268
Web pages: http://irwinschiff.homestead.com/AlThompson.html
Bonita Lynne Meredith 24001-112
FCI VICTORVILLE MEDIUM II
FEDERAL CORRECTIONAL INSTITUTION
PO BOX 5700
ADELANTO, CA 92301
58421-066, Unit G
Federal Prison Camp
P.O. Box 200
Waymart, PA 18472
Ward Dean 06076-017
Federal Detention Center
PO Box 019120
Miami, FL 33101-9102
Pending trial, and until outcome, my mail address will be:
P. O. Box 42
East Brunswick, NJ 08816
PO Box 415
Candia, NH 03034
Congressman James Traficant
FMC ROCHESTER 31213-060
Federal Medical Center
P.O. Box 4000
Rochester, MN 55903
Walt Maken, 43135-061, B1
Federal Prison Camp
PO Box 6000
Ashland, Kentucky 41105
WAYNE BENTSON 46800-008
LA TUNA FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 3000 ANTHONY, TX 88021 web page:
David R. Hinkson
P.O. Box 8500
Florence, Colorado 81226
John Thomas Harpole, No. 14923-006
Federal Prison Camp
P.O. Box 1000
Butner, N.C. 27509
MICHAEL L KAILING 89033-02259 Projected Release Date 05-21-2008
HONOLULU FDC HONOLULU FEDERAL DETENTION CENTER
P.O. BOX 30080
HONOLULU, HI 96820
FRED M ORTIZ 89034-02262 Projected Release Date 05-21-2008
FCI HERLONG FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 800
HERLONG, CA 96113
Sterling W Wyatt <swwyatt@...> wrote:
My letter to my friend, Dr. Ward Franklin Dean,
@ R3R169787, P.O. Box 17800,
Pensacola FL 32522-7789
came back marked "No longer at This Address".
Does anyone know of his whereabouts and address now?
Sterling Wayne WyattBy: Philip: PatanaProud 5th great grandson of Thomas Purchase, an enlistee in the Revolutionary War, Albany County (New York) Militia - Thirteenth Regiment.