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janvier 18, 2007 - jeudi 6:38
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Day of reckoning for N.H. tax protesters
January 10, 2007
CONCORD, N.H. -- After a decade of not paying federal taxes, a dentist and her husband are in court this week trying to make their case that they have done nothing wrong.
"My husband and I challenged the application of the tax law to us," Elaine Brown said in her opening statement Tuesday. "We cannot find any statute that requires us to pay."
The Browns, who live in Plainfield, are representing themselves in U.S. District Court. They claim the law does not require them to pay federal taxes.
Prosecutors see it differently. They have charged Brown and her husband, Ed, with conspiring to commit tax fraud, conspiring to disguise large financial transactions and disguising large financial transactions.
Elaine Brown, whose dentistry practice is in Lebanon, also is charged with evading income taxes and failing to withhold taxes from her employees.
Together, the couple owes $625,000 and each potentially faces years in prison, prosecutors say.
Assistant U.S. Attorney Bill Morse says the Browns stopped paying income taxes in 1996 and stopped filing tax returns in 1998.
"This case arises from the defendants' attempt to avoid the inevitable: paying their income taxes," Morse said in his opening statement.
In their opening statements, the Browns said the government has failed to respond to their repeated written requests for explanations of federal tax laws.
"We will once and for all show beyond the shadow of a doubt -- not reasonable doubt, beyond the shadow of a doubt -- that the federal income tax system is a fraud," Ed Brown said in his opening statement. "For 12 years, they have avoided answering us."
Denise Stark prepared the Browns' taxes before they stopped filing.
"Elaine explained to me that they were no longer going to file their tax return because there was a law or some sort of a legal reason," Stark testified. Stark said she told Brown she disagreed, and their professional relationship ended.
In 1996, the Browns filed a joint return listing zero on the line that should have shown income from Elaine Brown's practice, according to IRS agent Paul Crowley. That year, the Browns claimed they owed no income tax and appended a letter to their return.
According to portions that Crowley read aloud, the Browns claimed the federal income tax only applied to residents of Washington, D.C., and federal territories, and the Supreme Court had ruled that labor was not taxable.
The Browns sent a second letter to the IRS the following year, Crowley said.
"We have been requesting clarification of our status to no avail," it said. After that, Crowley testified, the Browns did not file any tax returns or pay any taxes.
In interviews since their indictment, the Browns have argued that most Americans don't owe federal income taxes, but the government works to keep them from discovering that truth.
The Browns believe that massive hoodwinking is among a number of ways the federal government is undermining personal freedoms.
Ed Brown, who led a local militia in the 1990s, is now a leader in a national group called the Constitution Rangers of the Continental Congress of 1777. He says the group was established to confront law enforcement figures whenever they violate the Constitution. Brown often wears the Constitution Rangers badge and has the insignia painted on the sides of the couple's two cars.
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Information from: Concord Monitor
Tax trial defendants skip court, asking 'What's the point?'
By The Associated Press
Sunday, Jan. 14, 2007
Concord – A Plainfield couple who insisted on representing themselves in a federal tax evasion and fraud trial has given up on the proceedings.
Ed and Elaine Brown failed to show for their trial Friday at the U.S. District courthouse in Concord. They had been due to present their defense in the trial that began Tuesday.
The Browns haven't paid federal income taxes since 1996 because they don't think the law requires them to pay. The government says the Browns owe more than $625,000.
They are charged with conspiring to commit tax fraud, conspiring to disguise large financial transactions and disguising large financial transactions. Elaine Brown, a Lebanon dentist, also is charged with evading income taxes and failing to withhold taxes from her employees.
If convicted, they each face decades in prison and could lose their home.
In a phone interview, Ed Brown told the Concord Monitor he is disappointed by Judge Steven McAuliffe's handling of the case, describing the trial as a "kangaroo court."
"What's the point?", he said. "You saw what happened."
McAuliffe had said he would allow the Browns to explain their unusual legal views, but Thursday made clear he would not allow the couple to try to persuade the jury that those theories are true.
McAuliffe declined to allow the Browns to present documents they believe support their position. Brown had been trying to prove the Internal Revenue Service has no jurisdiction in New Hampshire.
"You're entitled to your view, but that's not the law," McAuliffe said.
The trial was suspended until Tuesday. The Browns will not be penalized if they return to court. If they do not, the judge could allow the trial to continue in their absence.
Ed Brown told the Monitor he would be willing to pay the owed taxes in exchange for ending the trial.
"I am willing to pay the full amount of the money if they would just go away," he said.
Assistant U.S. Attorney Bill Morse said that he was not aware of any negotiations.
Wife in court, husband barricades himself in home in tax case
By Philip Elliott, Associated Press Writer
PLAINFIELD, N.H. (AP) -- A couple who claim the law does not require them to pay income taxes continued on separate courses Wednesday, she in federal court in Concord, he barricaded at his fortress-like home in Plainfield.
In interviews by telephone and later at the back door of his hilltop home on 110 wooded acres, Ed Brown denounced the government and noted a handgun tucked in the front of his pants. He said supporters as far away as Australia were offering to come help him defend himself if necessary.
"Most Americans would cower and cringe and raise their hands and surrender like a good little slave," Brown said.
"I won't. Under no circumstances. I do not tolerate cowardliness, oppression, bulliness, and I certainly don't tolerate a federal agency that has absolutely zero jurisdiction in my state, never mind in my county, in my town."
The Browns haven't paid federal income taxes since 1996 because they don't think the law requires them to pay. They argue there is no law requiring individual income taxes. They faces charges of conspiring to evade taxes, conspiring to disguise large financial transactions and disguising large transactions.
Elaine Brown, who earned most of the couple's income, returned to Concord court on Wednesday to continue her trial for tax evasion and failing to collect employment taxes from the staff of her Lebanon dental office. The jury began deliberations on Wednesday but did not reach a verdict.
Ed Brown's trial also continued, with him absent.
"Because he has voluntarily absented himself, he will be tried in absentia," U.S. Marshal Stephen Monier said.
Marshals talked with Brown, but said there are no plans to storm the property. E-mails and Web sites have directed supporters to join Brown, asking "Will Plainfield be another Waco?"
"We're not going there," Monier said. "Let's put this in perspective: every day, we have deputies out arresting dangerous persons." Brown is not one of them.
"We have no intent of escalating this," he said.
Brown, meanwhile, wasn't taking chances.
The large home has a circular tower affording a 360-degree view of the property, which sits off a rural road. Brown said the home's walls are made from 8-inch concrete and if marshals cut his power lines, he can run his home from generators, solar and wind power.
A handful of supporters, including Bob Wolffe of Randolph, Vt., joined him on Wednesday and more were expected.
"Most people are too willing to sit and watch 'Who Loves Raymond?'" said Wolffe, who also does not pay taxes. He said he expects he will be in a Brown-like situation within years.
"We all need to work together and fight the government," he said. "A win here will be the government admitting they were wrong and back off. ... There's a lot more of us than there are of them."
John Miller, a 23-year-old from New Hampshire, joined the huddle inside Brown's home.
"If they come, I'll do what we ought to do," he said.
Brown met with reporters for about 45 minutes outside his home. A day earlier, he invited reporters inside, but on Wednesday addressed them from inside his door frame. A Kubota tractor sat in front of him.
"I don't know all of you," Brown said, later instructing a photographer to stay back. He said federal snipers had targeted him two years earlier and that he could be surrounded again.
In a tirade against the government, the media and global warming, Brown also detailed how his wife, a dentist, was forced to close her practice and lay off her employees.
"We just had reached the American Dream a year ago. All our debts were paid. Now they're here to shut us up permanently," he said.
Brown pays his local taxes of $14,000. "Show me the law and I'll pay the taxes," he said of the federal tax.
Three vehicles blocked Brown's driveway and a sign at the end of the winding path read, "Fed bullies: leave the Browns alone." On a nearby tree, a large sign warned "public servants" and government officials not to trespass. A "Don't Tread on Me" flag was hung on a tree.
There was no sign of any law enforcement nearby.
During the past few decades, Brown has claimed membership in several anti-government and militia groups including the Constitution Rangers of the Continental Congress of 1777, the Constitution Defense Militia and the UnAmerican Activities Investigations Commission, which he founded.
Brown said there's a possibility the situation will end peacefully, if the government leaves him alone.
"If they attack me, I have no choice do I," he said.
"Do I see it turning out any other way? Yeah, there's a possibility if they stay away and all obey the law of the land" and let his wife go free.
If not or if he is murdered, he said he and his supporters would demand accountability.
"If I should be killed or imprisoned, or my wife is killed or imprisoned, or both, those responsible will join us," he said.
Plainville neighbors take it all in stride
By Paula Tracy, Union Leader Staff
17 January 2007
PLAINFIELD – Residents in this town of 2,500 along the Connecticut River yesterday said they know of Ed and Elaine Brown, but few seemed interested in their fight against the federal government over taxes.
The couple is accused of not paying more than $600,000 in federal income tax over 12 years, mostly due on Elaine Brown's income as a Lebanon dentist.
Rich Fontaine, who lives in the Plainfield village of Meriden, shrugged when asked about the Browns. He said he knew of them, but did not know much about the federal prosecution of the couple for tax evasion. As he drove off to work, Fontaine noted that he pays his income taxes.
Others at the Meriden Deli-Mart were not willing to talk about the matter on the record, but some said they pay taxes to the federal government, so why shouldn't the Browns?
Town officials said the Browns have paid all their local property taxes, which Ed Brown says is more than $14,000 a year.
Plainfield Police Cpl. Paul Roberts said his office has been in daily contact with the U.S. Marshal's Office since Ed Brown refused to go to court last week, and said residents should not feel concerned that there will be a showdown on the property.
"I don't think anyone in town is too concerned," Roberts said yesterday.
There are no police parked outside the property, or federal marshals noticeably watching the house. Roberts said he does not see the need for a police presence from his department, which on a daily basis amounts to one officer.
"We got a nice e-mail this morning from a gentlemen who was happy about the way we are handling this, which is low-key," Roberts said.
Elaine Brown was in federal court in Concord yesterday facing charges that could place her in federal prison for more than two years, while Ed Brown was holed up on their property with a gun strapped to his waist, refusing to leave.
"She's terrified," he said of his wife, with whom he spoke Tuesday night. She is staying with her son, David Hatch, in Worcester, Mass., as directed by Federal District Court Judge Steve McAuliffe, who is hearing the case.
The Browns moved to Plainfield in 1990 from Laconia, where they had lived at South Down Shores. Both had previous marriages and each had two children, who are now grown. Brown said his wife worked with a dentist in Plymouth, but the couple decided the Upper Valley was the place for them. They bought a tract with a view to the northeast. The 110 acres has a large beaver pond; the house cannot be seen from Center of Town Road, which leads to it.
Brown worked as an exterminator, but soon focused on maintaining the property while his wife worked in Lebanon.
The Brown house is made of concrete and has a five-sided tower boarded up with plywood. There are several garages and outbuildings.
Brown said the house is completely off the electric grid and includes a wind mill, and solar panels.
He said yesterday he could stay there "forever" and wait out the federal government.
The entrance to the driveway is posted no trespassing to any federal official except the U.S. Postal Service. Yesterday, there was a small tent and a parked vehicle blocking it. A short way up the drive, there is a truck in the driveway with an insignia on the door that reads "Constitution Ranger, U.S. Continental Congress."
The front door of the large home was blocked by a tractor.
As trial goes on, he hunkers down
By Scott Brooks, Union Leader Staff
17 January 2007
The government's case against a Plainfield couple who refused to pay income taxes for more than a decade has drawn the ire of tax protesters and militia members from around the country, including some who have pledged to defend the couple with firearms if necessary.Ed Brown has invited sympathizers, both armed and unarmed, to join him in an ongoing protest at his home in Plainfield. Brown has been holed up in the house for five days and says he has no plans to leave while his trial continues without him.Several supporters -- including one who brought a gun -- have already come to his aid, vowing they will stand guard against government agents who would come for Brown."If they're coming, we will do what we've got to do," said John Miller of Farmington, one of about a half-dozen supporters at Browns' house yesterday.U.S. Marshal Steve Monier dismissed talk of an impending confrontation, saying he has spoken with Brown several times and is keeping the line of communication open.Ed Brown stands in the barricaded doorway of his Plainfield home yesterday, saying he is prepared for an armed standoff as he fights tax evasion charges. (AP)"Our discussions with him have been very low key, amicable, non-threatening," Monier said. "And I can tell you any discussion as to an armed standoff, some kind of siege at Mr. Brown's residence, is not even on the table for discussion."Brown, who keeps a handgun tucked in his waistband, has said he is prepared for an armed standoff but maintains he hopes that can be avoided."I've threatened no one. They're threatening me," he said. "Doesn't anybody get that?"Authorities say Brown and his wife, Elaine, did not pay income taxes for 11 years. Both Browns are charged with conspiring to evade taxes, conspiring to disguise large financial transactions and disguising large transactions. Elaine Brown faces two other charges, also related to tax evasion.The Browns maintain the U.S. Constitution does not require them to pay taxes and challenged federal authorities to prove otherwise.Elaine Brown, who works as a dentist, had been considering a plea deal with the U.S. Attorney's Office. She rejected the deal and has since returned to court, where she took the stand before resting her case yesterday. Jury deliberations are now under way.Brown is being tried in absentia."Most Americans," Brown told The Associated Press yesterday, "would cower and cringe and raise their hands and surrender like a good little slave."I won't. Under no circumstances. I do not tolerate cowardness, oppression, bulliness, and I certainly don't tolerate a federal agency that has absolutely zero jurisdiction in my state, never mind in my county, in my town."Anti-government crusaders throughout the country have taken an active interest in the Browns' case. Last week, an Internet radio host from Denver called on his listeners to descend on Plainfield, "armed to the teeth" with firearms and video cameras.Those who plan to make the trip have said they would not initiate any violence, but would arm themselves "for defensive purposes only," said radio host Rick Stanley.Other sympathizers have suggested a violent standoff may be imminent.One letter writer, a New Hampshire man who calls Brown a close friend and mentor, says a standoff is developing and "like Waco, will result in the deaths of innocent people."The writer, 41-year-old William Miller, also called for the judge in Brown's case, the U.S. attorney in New Hampshire and other officials to be "hanged for treason."Miller -- whose brother, John, and mother, Marie, stood by Brown's side in Plainfield yesterday -- now says his letter was more inflammatory than it should have been, but maintains he does not regret writing it."Somebody's got to do it," he said, "otherwise nothing's going to change around here."Some supporters, such as Fred Smart, have urged non-violence. Smart is the national volunteer coordinator for the America: Freedom to Fascism network, a group that believes the government is imposing illegitimate taxation on its citizens.Most people following the case want a peaceful resolution, Smart said."I think it could easily go in the other direction," he said. "But I'm very hopeful, and I'll remain hopeful, that it doesn't have to."A retired exterminator, Brown has been a prominent figure in anti-tax and anti-government circles for more than a decade. He is the founder of an organization called the Un-American Activities Investigations Commission, whose members purportedly seek out criminal elements within the government, "from the President on down."Brown is also a former head of the U.S. Constitution Rangers, a national organization that looks to defend citizens against perceived encroachments by the government. He still ranks among the group's leaders.The Constitution Rangers were formed in Arizona in the 1980s, although the group frequently claims to take authority from the U.S. Constitutional Convention, according to Mark Pitcavage, director of investigative research for the Anti-Defamation League. Members wear badges and claim to be officers in a legitimate law enforcement agency, he said.Pitcavage has been researching Brown and other suspected militia leaders since the mid-1990s, when the movement gained steam in the United States, he said. Brown, he said, was one of the most prominent New England militia leaders in the 1990s.U.S. Marshal Steve Monier said the Constitutional Rangers do not have a history of violence in New Hampshire.Monier said his office does not plan to confront Brown. That might not be the case if Brown was charged with a violent felony, he suggested. This case, he noted, is about income taxes."You've got to keep this in perspective," Monier said.Kristen Senz and New Hampshire Union Leader Staff Writer Paula Tracy contributed to this report.
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