This just in..
Mr. Ioane’s verdict form says he was guilty of a violation of Title 18 Section 541 and 2 (for counts 5 through 8) Then there is verbiage related to the charge, but it refers to (Bills of Exchange); but, bills of exchanges are not a violation of Title 18 Section 514 (a) (2), which is what the indictment alleges. Additionally, Michael Scott Ioane was actually charged with Aiding and Abetting the violation of Title 18 Section 514(a)(2) not actually Title 18 Section 514 (a) (2); however, we understand that aiding and abetting has the same basic consequences as the charge, so if you are charged with aiding and abetting someone in a particular crime you suffer the same consequences as they even though you may not have been directly involved in the act.
The problem here is that the Jury found Michael Ioane guilty of something entirely different then aiding and Abetting Title 18 section 514 (a) (2), they found him guilty of Title 18 Section 541 and aiding and abetting. Maybe this is why prosecutor denied Mr. Ioane a speedy trial; they had no case against Mr. Ioane under any theory, so now they come up with Title 18 Section 541?
This cannot just be a typo, they forgot the (a) (2) and they added verbiage to the section of Title 18 Section 514 by adding the words (bill of exchange) to the statute. If you Read Title 18 Section 514 no ware does it indicate that a bill of exchange is a violation of the law! Sounds to me like someone tampered with the Jury; also how can someone be found guilty of two charges within one count. The Jury found Michael Scott Ioane guilty of Title 18 Section 541 and 2, in counts 5-8, so are they saying he did the act and he aided and abetted the act? When you start with a lie you end with a lie, it just never matches up. The indictment was a sham, the trial was a sham and the jury verdict form is a sham. Now I know why the US has the highest incarceration rate than any other nation, including communist China. .
Title 18 Section 541 Defined:Whoever knowingly effects any entry of goods, wares, or merchandise, at less than the true weight or measure thereof, or upon a false classification as to quality or value, or by the payment of less than the amount of duty legally due, shall be fined under this title or imprisoned not more than two years, or both. Read the complete JURY VERDICT FORM Read the Complete INDICTMENT
Title 18 Section514 Defined:(a) Whoever, with the intent to defraud - (1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States;
It is plane to see that the indictment verbiage regarding counts 5 through 8 is quite different from that verbiage on the jury verdict form that found Ioane guilty 18 Section 541 rather than section 514.
Additionally, count one on the jury verdict form only finds Ioane guilty of Title 18 section 371 and there is no mention of IRC 7201, which is referenced throughout the indictment and trial brief as what Ioane was charged with. Also the verdict form counts 5 through 8, say “Bill of Exchange” but no such words are used in Title 18 Section 514, notwithstanding the wrong section sited and signed of 541.
Now according to what we can between the indictment and the jury’s verdict, the Foremen of the Jury signed that Mr. Ioane was guilty of charges unrelated to his indictment. Is just harmless error? I mean these guys are so smart they wouldn’t make a mistake like this would they?
Think again, none of what Ioane was accused of was provable so perhaps the government (IRS and DA included) had to give false jury verdict forms and amend the complaint during the trial. How else can someone conclude why errors like these could happen over and over again in a case with no evidence.
Plain and simple Ioane was not convicted of what he was charged with because they could not prove it!
Ioane’s attorney Anthony Capozzi filed a reply regarding these erros. Read the complete REPLY TO GOVERNMENT OPPOSITION. In this filing you will see the numerous errors that happened during trial including the violation of Ioane’s Speedy Trial Rights. Of which cost him the loss of his attorney who signed off on all of the work completed for Dr. Booth.
Ioane will be back in Court January 3 with Judge Lawrence O’Neill awaiting the decision of the court in regards to this filing.