Sunday, December 14, 2008

Judge Land Ignored Levy Records Subpoena

(For clarity, please read this posting fifth.)
Postings list is to the right on this page.
IRS conducted levy, 1993 forward:
On February 25, 2008, Dr. Brown made FOIA request for all records resulting from levy activity against insurance account funds intended for Dr. Brown for medical services rendered to members by Dr. Brown, 1993 forward.

FOIA located 23 boxes of levy information:
On March 28, 2008, FOIA responded (indicating 23 boxes of IRS levy documentation resulted). As a result, Dr. Brown filed Doc. 172, DEFENDANT'S SECOND AMENDED REPLY TO SHOW EXISTENCE OF EXTRAORDINARY CIRCUMSTANCES INVOLVING A DEFECT IN THE INTEGRITY OF THE CRIMINAL JUDGEMENT PROCEEDINGS AS WELL AS THE SECTION 2255 PROCEEDINGS (attaching FOIA notice as Exhibit B). The amount of money extracted from Dr. Brown, repesented by the 23 boxes, is critical to a rational understanding of Dr. Brown's income tax liability picture. The IRS never disclosed to Dr. Brown the money quantity of this protracted levy extraction, and neither did it share same with the trial jury, rendering a strikingly bizarre Giglio extraordinary circumstance. See Dr. Brown's amended reply Doc. 168 (Giglio violation characterization).

On March 28, 2008, Dr. Brown requested FOIA to render all twenty-odd boxes under "expedited request" and "fee waiver", pursuant to public interest in understanding the operations and activities of our Government to prevent the devastating and torturous punishment of an innocent American citizen. See Exhibit C of Doc. 172.

In Doc. 172, Dr. Brown asked the Court to order FOIA to render all boxes of levy records, in expedited fashion with fees waived. Judge Land ignore Dr. Brown's requests, Doc. 168 and Doc. 172, by never ruling.

On April 2, 2008, FOIA provided to Dr. Brown sixteen (16) pages of levy records from the first two boxes (from the total of 23 boxes). The amount of levy extraction money represented by the 16 pages is $114,241.00. See Doc. 201, Exhibit B, for verification.

FOIA denied Dr. Brown's request for fee waiver for the remaining levy record, and demanded $1,176.00 for production of same. Dr. Brown paid the $1,176.00 on April 24, 2008. See Exhibit D of Doc. 201 for verification of payment.

FOIA located 1,488 pages of potentially responsive levy information:
On July 22, 2008, FOIA notified me (Martin L. Brown) that they had completed their review and that they had identified 1,488 pages that appear to be responsive to Dr. Brown's request of February 25, 2008. See Exhibit B of Doc. 199, MOTION TO COMPEL DISCLOSURE for FOIA certified response letter. FOIA informed me that they were sending the 1,488 pages to the IRS for verification. Recall that FOIA refers to Freedom of Information Act component of the Department of Justice, Tax Division (which acts as legal counsel for the IRS, a fine distinction).
The IRS has informed me that they will not disclose the levy records. See (IRS letter) Exhibit 4 of Doc. 202, MOTION TO RECUSE, submitted to Judge Land.

1,488 levy pages represent estimated extraction of $10,624,409.28:
Given that the 16 levy pages provided to Dr. Brown on April 2, 2008 contained $114,241.00, the money average yield per page is $7,140.06. Therefore, 1,488 pages would represent $10,624,409.28. This quantity of money owed to Dr. Brown by the IRS dwarfs the tax liability associated with Dr. Brown's tax evasion case, rendering guilt an impossibility, Edwards.

Subpoena for the 1,488 is needed for exact value for estimate above:
This is an estimate, and Dr. Brown wants the levy records so that he has exact knowledge of how much the IRS extracted from him by way of its levy extractions, 1993 forward. Judge Land ignored subpoena request for the 1,488 pages of levy records, and in response, Dr. Brown filed Doc. 202, MOTION TO RECUSE, requesting recusal of Judge Land. This issue was also included in the Eleventh Circuit Judicial Council complaint against Judge Land (Complaint No. 110890117), filed by Dr. Brown on December 1, 2008.

Judge Land responded with an unnumbered text only docket entry (i.e., there is no docket document) order, denying Dr. Brown's motion request for his recusal.

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