Friday, May 31, 2013

Tax Fraud in the Eastern District

Tax Fraud in the Eastern District of Texas.

http://www.justice.gov/usao/txe/News/2013/edtx-tax-cotton-052813.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 


 

Thursday, May 30, 2013

Don't Talk 9

Well, we have reached the end of this thread.  Obviously, it is one with a simple theme - DO NOT TALK TO THE AUTHORITIES WITHOUT TALKING TO A QUALIFIED ATTORNEY FIRST.

     There are only so many ways to say this simple phrase and it has been said.  DON'T DO IT!

     Re-read the post by my friend Mark Bennett (the second post in this thread), this is million-dollar advice.  People are in jail because of they spoke to the authorities thinking everything would be fine.  Life does not work this way.  This is not an indictment against the police, against the FBI, against the Justice Department or any other State or Federal agency.  It is just a fact that the members of these organizations are not on your side and they are not paid to be on your side. 

     When you talk to the police, you need someone on your side.  That "someone" is a qualified criminal defense attorney. 

     If any of my blog readers learn anything from reading this blog, please let it be this. 


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Tuesday, May 28, 2013

Don't Talk 8

It's amazing the criticism I get sometimes when I make posts like the ones in this thread.  I am not going to repost the emails in question, but suffice it to say that I know how it feels to be called "unpatriotic" or that I support Islamic terrorists who want to destroy the U.S. because I am reprinting the basic laws of criminal procedure of the U.S. - the accused has the right to remain silent AND SHOULD DO SO until speaking with a competent criminal-defense attorney.

      In the words of my daughter, whatever.

     I respond with my usual answer:

1.  Any decent criminal-defense attorney will always give this advice;

2.  The right to remain silent is the core of American criminal procedure.  This is not some cutting-edge legal theory but rather the core of our legal system;

3.  People are in jail because they spoke to law-enforcement before speaking with a criminal-defense attorney;

4.  I am not some anti-government nut.  I worked for several years at the U.S. Embassy in Moscow with a Top Secret Clearance.  I love my country, and our legal system, more than I can say.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 


 

Monday, May 27, 2013

Don't Talk 7

Let's tie today's post with the conversation I posted a few posts back.  The Boston bombers (two Chechen brothers accused of terrorism when they allegedly planted bombs at the Boston Marathon, killing and wounding many innocent victims) are now the "poster boys" of the right to remain silent.  One of the bombers is dead, killed in a shoot-out with authorities.  The surviving brother is in the hospital and was being debriefed by the FBI and other security agencies when he was given legal counsel by a Federal judge.  Once the accused's attorney showed up, further interviews ceased.

     The reason I state this is the "poster boy" because many people in the U.S. are howling mad about this.  Our country suffered a terrorist attack and the accused, who has a great deal of evidence against him, immediately "clammed up" when told to do so (allegedly) by his attorney.  Arguments and opinions are flying back and forth across the net and on TV that this person has a "duty" to speak about anyone who helped him. 

     Yet this is the crux of the right against self-incrimination and the right not to speak to the police - it applies even in these horrendous situations.  Yes, the great weight of the evidence is against the accused and yes, the situation looks like he is guilty.

    But - the right against self-incrimination exists here as well

    He still has the right to remain silent.  If it does not apply in these situations, it certainly does not apply in situations where their is much less evidence against the accused. 


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, May 25, 2013

Don' Talk 6

I hope you read the article about the landmark case of Miranda v. Arizona in the previous post.  To say this is one of the most important cases in American criminal law is a massive understatement.  It set the extremely important legal principle that a person does not have to talk to the police, to any legal authority, if he does not want to.

     Remember one of the previous posts in this thread from my friend Mark Bennett.  He explains clearly that so many people are in jail because they spoke to the police.  Because they wanted to tell their stories.  Because they believed that once the police heard their stories, everything would be fine.  They would understand.  This is all a big misunderstanding and once the police hear my story, hear what really happened, everything will be fine.  I don't need an attorney.  I don't need to talk to an attorney.  I can talk to the police (read: local police, FBI, IRS, CIA whatever) and we will iron this all out.

   Suckers. 

   DON'T GIVE UP THIS RIGHT THAT WAS FOUGHT FOR BY SO MANY PEOPLE.  Criminal defense attorneys put in thousands of hours  of work to define this right.  The Supreme Court of the United States of America deliberated and brought this right into law.  The Miranda case went through massive litigation before it even reached the Supreme Court.

    Don't let it all go to waste.  Use this right.  We are lucky enough to have this right here in the United States, but like all rights, it did not happen overnight or in a vacuum. 


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 


 

Friday, May 24, 2013

Don't Talk 5

Here is the Miranda case I was discussing for the other post:

http://en.wikipedia.org/wiki/Miranda_v._Arizona


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Thursday, May 23, 2013

Don't Talk 4

One of the basic underpinnings of American Law is known to everyone who has ever watched a TV show about lawyers and/or the legal system.  It is more than familiar to any law student, a foundation of criminal defense law and every cop who has ever undergone training and graduated from a police academy in the U.S. knows what I am about to say:

"You have the right to remain silent.  Anything you say can and will be used against you in a court of law."

    These are part of the Miranda warnings and we will discuss the Miranda case later in this thread.

    But the important point is this - when a person is being interrogated or is in threat of being interrogated, he does not have to say anything.  He cannot be compelled to make any statement.

   Since this is true, the obvious question is: why say anything before speaking to legal counsel?  You have nothing to lose and everything to gain by speaking to legal counsel before speaking to the police.   

    I cannot emphasize this enough - the Miranda warnings are the Constitutional right against self-incrimination are a basic foundation of American law.  Individual liberties are paramount.  Please - do not throw these fundamental and precious rights away and spit in the face of American laws and our Constitution. 


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk