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| | Hovind, with his son Eric Hovind, had released a set of videos titled "Answering the Critics" whereby they answered some common criticisms of themselves, usually from Internet sources. Hovind claimed he did not want to answer all the critics because he believed many critics criticize him without wanting to get any answers from him, so it was best to ignore them and continue preaching to those who really want to listen.<ref>Answering the Critics #1</ref> | | Hovind, with his son Eric Hovind, had released a set of videos titled "Answering the Critics" whereby they answered some common criticisms of themselves, usually from Internet sources. Hovind claimed he did not want to answer all the critics because he believed many critics criticize him without wanting to get any answers from him, so it was best to ignore them and continue preaching to those who really want to listen.<ref>Answering the Critics #1</ref> |
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| − | == What Did Really Happen? ==
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| − | === Background information ===
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| − | Creation Science Evangelism (CSE) began Jan, 1989 shortly after Kent Hovind and his family moved to Pensacola, FL. The outreach grew quickly and Kent Hovind was soon travelling to all 50 states and over 30 foreign countries. They produced videos and later DVD’s of the creation seminar and allowed people to '''copy them freely''' to reach the world. Kent Hovind did over 100 debates with evolutionists, 20 of these are also available on DVD.
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| − | In 1999 CSE became part of Faith Baptist Fellowship and the 2 (at the time) properties were transferred into their name. In 2002 Pastor Mooneyhan was retiring and the board of elders voted to disband FBF. To prevent CSE from being “orphaned”, church ministry trusts were created and the property and bank accounts were put in these trusts to give Kent Hovind the freedom to travel and preach as he had been doing 700+ times/year.
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| − | === What Happened? ===
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| − | Over the many years, Kent Hovind’s wife would withdraw money to pay ministry bills and compensate the people serving in the ministry. In 2002 this stopped. On July 13, 2006, '''with no warning or notice''' of any kind that there was or had been a problem, about 20 '''armed''' IRS agents swarmed onto the ministry property as Kent Hovind was preparing for staff devotions and his wife was sleeping. Four armed agents surrounded her bed and woke her up to handcuff her in her nightgown. She was not allowed to get dressed, put on a robe or go to the bathroom even though she begged for these simple courtesies.
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| − | They were taken to the Federal courthouse and indicted for “structuring”. They had no clue what that even was let alone that it was against some law or that they had broken it. They banked at the same bank and normally at the same teller for over 10 years. They learned later that laws had been passed years ago to try to slow or stop '''drug dealers''' from moving large amounts of cash. Any transfers '''over $10,000''' would require '''the bank''' to fill out a form and notify the government. Although 4 times Kent Hovind’s wife did take out '''over $10,000''', the bank filled out their form. No problem.
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| − | They had also made it illegal to “break down” a large sum into smaller amounts to “evade” this reporting requirement. For example: if you had $25,000 to deposit but broke it down into 3 deposits of '''less than $10,000''' and made 3 deposits at the same or even different banks '''on the same day''' you could be found guilty of '''one count''' of “structuring” and sentenced to 5 years in prison! As it turns out, the IRS had cherry picked 45 times out of hundreds of transactions over the years that were '''under $10,000''' and charged each one as a '''separate count''' of structuring even though they averaged '''12 days apart (not same day)''', were '''not''' part of a large amount being “broken down”, were '''not''' from drugs or any other illegal trade and were '''not''' trying to evade anything. It was money donated or earned in legitimate ways and spent on legitimate ministry bills.
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| − | After a two week trial their attorneys advised them '''not to even give a defence''' since no laws had been broken and in America, in theory at least, you are innocent till proven guilty. It is '''not''' illegal to take any amount of money out of your own bank!
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| − | As Kent Hovind’s attorney was giving his closing argument he was reading the jury instruction verbatim that said the amount had to be '''over $10,000''' in order to structure a transaction. The Assistant US Attorney stood up and '''objected''' to '''her own jury instruction'''! The judge took a 45 minute recess and returned with a new jury instruction that said if they found that Kent Hovind and his wife have taken out '''less than $10,000''' then they must be '''found as guilty'''! Kent Hovind and his wife’s attorneys objected since this was '''not what the law said''' and '''changing jury instructions after''' trial is against the rules. The objections were overruled and they were found guilty. Kent Hovind was given 10 years and his wife a year and a day. She was released to a Half-Way House Oct. 1, and sent home in December 2009.
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| − | If this case is not overturned, anyone who takes '''any money''' out of their own bank will eventually be guilty of structuring. If you took $100 out each week for 100 weeks you would be guilty of 100 counts of structuring and could be given 500 years in prison!
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| − | To make matters '''worse''', the government said '''all the money withdrawn''' in those 45 counts should be given to '''them''' – even though the government admitted that the money was used for legal purposes!
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| − | Kent Hovind’s attorneys objected since there were '''no drugs''' involved, the money was earned in legitimate ways and spent on ministry bills '''years go'''. There was '''never a tax loss''' to the government. The fellow ministers at CSE testified that they had paid all taxes they owed. There were '''no damages''' and no one can figure out what this money was “owed” to the government for but the judge overruled the objections. So now, Kent Hovind was not only in prison, but he also owed $430,000!
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| − | When the government asked for permission to '''seize the CSE ministry property''', the attorneys and the trustees objected and asked for a hearing or trial. This was denied and after letting the government’s motion sit on the desk for 7 ½ months, the judge ruled that '''Yes''', they '''can seize''' CSE property to pay this “Debt”.
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| − | === Extra Information - PRA ===
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| − | '''P'''aperwork '''R'''eduction '''A'''ct – ''1980 and 1995 44USC 3507-12'' says all forms that request information must state 6 things (Reason for request, date of expiration, etc) and they all expire 3 years after OMB# is assigned.
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| − | All three forms: CIR, 940 & 941 forms that Kent Hovind is in prison for, were expired forms. The PRA says he cannot be penalized for not filling out a form that is expired yet he is still in prison. If the SC rules for them on this one it will not only free him and remove forfeiture but will help thousands of others currently in prison. The PRA can be raised as a complete defence at any time, even post convictions.
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| − | This case is one of the first to bring this issue before the SC since the 1995 PRA was passed. This issue is HUGE for many and will cause even the government to obey the law. See [http://www.penaltyprotestor.com www.penaltyprotestor.com]for lots more on the PRA. The 11th circ. ignored this issue in their denial of his appeal. Just the PRA alone will remove 57 of the 58 counts Kent Hovind is in prison for. Count 58 was for “threatening” an IRS agent in the “DUE administration” of his duty. When he was asked during trial how Kent Hovind threatened him, he said it was when he prayed for him in his daily radio program! Kent Hovind got 3 years for that!
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| | == $250,000 Offer == | | == $250,000 Offer == |