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According to Ioane’s  indictment (which was never edited or changed) he was charged with Conspiracy under Rule 371 Conspiracy to commit offense or to defraud the United States by “willfully attempting to evade or defeat income tax”

which states, http://www.irs.gov/compliance/enforcement/article/0,,id=106790,00.html

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each:

  • Shall be imprisoned not more than 5 years
  • Or fined not more than $250,000 for individuals ($500,000 for corporations)
  • Or both

Under the  Jury instructions #26 it states that Ioane was charged with  conspiracy under Rule 371. Conspiracy to commit offense or to defraud the United States by  “obstructing the lawful functions of of the IRS”

Looks to us that this charge was manipulated into something else as “willfully attempting to evade or defeat income tax” and “obstructing the lawful functions of of the IRS” are two completely different things.

Anthony Capozzi, Attorney for Michael Ioane brought this up to the Judge before the Jury went into deliberation, requesting a retrial for mistrial actions however Judge Lawrence O’Neill claimed ” I don’t care let the Jury decide”. 

Read for yourself!

JURY INISTRUCTION #26

INDICTMENT

A motion for retrial has been filed on Ioane’s behalf. He and his family, awaits the decision of the judge December 5th.

Lets see if the Honorable Judge Lawrence O’Neill continues to defraud Ioane of his rights and illegally convicts him of something he was not indicted for. Motion for Acquital or New Trial

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