Self-taught Tax Return Preparer – Tomeka Winberly – Convicted of Preparation of Fraudulent Tax Returns

A federal jury in Miami returned guilty verdicts against Tomeka Wimberly on twenty-four counts of aiding and assisting in the preparation of fraudulent income tax returns.

The evidence at trial revealed that Wimberly was a “self-taught” tax preparer who prepared thousands of false tax returns between 2004 and 2005 which resulted in her clients receiving thousands of dollars in bogus refunds. The false returns reported fictitious and/or inflated deductions for un-reimbursed employee business expenses, charitable contributions, mortgage interest, and investment deductions, as well as false education, child care, and child and dependent expenses. During her first year in business, Wimberly prepared over 700 tax returns and obtained more than $2 million in refunds. By 2006, Wimberly prepared more than 1000 tax returns and obtained more than $4 million in refunds.

Wimberly faces a maximum sentence of up to 72 years’ imprisonment and a maximum fine of up to $2.4 million dollars. Sentencing is scheduled for September 20, 2011, before United States District Court Judge Paul C. Huck.

YOUR COMMENTS ARE WELCOME!

Sen. Chuck Grassley’s Media-Based Ministries “witch hunt” is over! To many prayers are answered…

November 2007 was when it began – the “witch hunt” that is – started by Sen. Chuck Grassley, R-Iowa, when he sent a massive informational request to six major media-based ministries.

Substantial financial inquiries were sent to:  Joyce Meyer Ministries, Benny Hinn of World Healing Center Church, Randy and Paula White of Without Walls International Church, Eddie Long of New Birth Missionary Baptist Church, Kenneth and Gloria Copeland of Kenneth Copeland Ministries, and Creflo and Taffi Dollar of World Changers Church International/Creflo Dollar Ministries.

When the Grassley issued his extensive financial requests cries erupted from many in the various segments of the faith based community.  Claims that Sen. Grassley was over reaching rang far and wide and many suggested that the separation of church and state was at play here.  I, as a business ethics speaker, on the other hand felt that full disclosure was appropriate.  If you had nothing to hide, then why resist?  Obviously, some listed above agreed.

The issue Grassley was investigating was weather the tax exempt status of the ministries should be revoked based on the lavish lifestyles ministry leaders lead.

According to a CNN article written by Eric Marrapodi:

The review by the committee did not impose new rules on the religious organizations or suggest they be stripped of their tax-exempt status. But it did bring to light compensation practices that may raise eyebrows in the non-profit community and lead to a discussion of new tax policies for religious organizations.

“The staff review sets the stage for a comprehensive discussion among churches and religious organizations,” Grassley said in a prepared statement. “I look forward to helping facilitate this dialogue and fostering an environment for self-reform within the community.”

SO WHO COMPLIED?

Two of the six ministries contacted were willing to fully comply:  Joyce Meyer Ministries and Benny Hinn of World Healing Center Church.  Both groups reported that they were working on reforming financial practices of their respective ministries.

Again the CNN states: “Committee staff members Theresa Pattara and Sean Barnett wrote in the staff review, “The reforms undertaken by Pastor Hinn and Joyce Meyer are extensive and are to be commended.” Joyce Meyer Ministries, based in St. Louis, went so far as to join the Evangelical Council for Financial Accountability.”

Randy and Paula White of Without Walls International Church, Eddie Long of New Birth Missionary Baptist Church, and Kenneth and Gloria Copeland of Kenneth Copeland Ministries submitted incomplete responses to the senator’s questions.

Atlanta-based Creflo and Taffi Dollar of World Changers Church International/Creflo Dollar Ministries did not participate at all, declining the senator’s requests, according to released correspondence between Grassley and Dollar’s attorneys.

GRASSLEY REPORT FINDINGS:

A 61 page report was presented and can be found here –  SFC Staff Memo to Grassley re Ministries 01-06-11 FINAL.

“While the majority of churches and religious organizations operate with policies and procedures that make them accountable to their members, it is the small minority that don’t that are subject to scrutiny by the members and the public, including the press. These outliers present tax policy issues for consideration,” the review said.

Grassley made the following comment as this phase of his worked seemed to come to an end, “The challenge is to encourage good governance and best practices and so preserve confidence in the tax-exempt sector without imposing regulations that inhibit religious freedom or are functionally ineffective.”

QUESTION:

Do you think that the actions taken by the six ministries was appropriate and sufficient?

YOUR COMMENTS ARE WELCOME!

Wesley Snipes first Day in Prison – A reflection from personal experience – SECOND CHANCES by Chuck Gallagher

Yesterday was Wesley Snipes first day in prison.  Today…the first full day I know how he feels.  I’ve been there.  It is no fun…

Here’s an excerpt from my new book SECOND CHANCES that might give a glimpse of what that first day’s experience is – or at least – was for me.  We all make mistakes, but as I was told – “You’ve made a big mistake, but YOU ARE NOT A MISTAKE!”  Those words were powerful and in many ways saved my life.

Wesley’s life is powerful and it is my hope that Wesley can move past the feeling that he’s somehow a victim, to the recognition that all thing happen for our good if only we will become still enough and reflect inward enough to find it.  Here’s to Wesley’s time – may it be beneficial to him and may he use it and his celebrity to bring light and love to others.

SECOND CHANCES EXCERPT:

By 3:25 p.m., I had been fully processed and was escorted to my cell, my new home. As I entered the cell, my cell mate, Buck, an African-American man of mid-stature, walked out. He gave me a quick once-over, never uttering a word. By this time, I had been instructed to change into my prison uniform and be prepared for “count time” at 4:00 p.m. I guess that meant something to most people, but it didn’t connect with me. Doing as I was told, I changed and sat on the bed assigned, waiting for further instructions.

At three minutes to 4:00 p.m., Buck reentered the cell. He just looked at me again─sizing me up, I suppose. Then a noise broke the chatter of inmates in this area.

“Count time. Count time.”

Again, Buck looked at me, pointing at the floor as if I knew what to do. I stood up just as the guard passed by our cell, counting each inmate as we stood in silence. I watched others, waiting for a cue as to what to do next. When the count was done, the chatter began, and once again, Buck left the room with no comments.

Seated on my excuse for a bed, I began to drift into a contemplative state. Now disconnected from all that I knew, all that was familiar, I was preparing to enter a part of life that would prove to be painful.  And yet, it was an opportunity for accelerated growth. We all have thoughts, beliefs, and associations; we interpret and make judgments. I did not, at that moment, think of prison as a place for growth; rather, it was a place of dread, a place to be endured. I would assume that most people feel that the consequences they face, especially if they judge them to be negative consequences, are unwanted and carry no benefit other than pain. Yet, through experience─my own as well as what is reported by others─often the worst experiences we face are our greatest teachers if we are open to allowing the lesson.

As the first night began to pass, I can’t say my first day in prison was fraught with any danger. I was just a number. I was another person placed somewhere where he didn’t want to be, dealing with the internal issues of doing time for something and learning in a new and unfamiliar environment. Staring at the ceiling of the cell and trying to get warm under the prison-issued sheet and blanket, I wondered if there was ever a time when the choices I made were worth the price.

My eyes welling with tears, but crying my first night was not an option.  Before the crack of dawn on day two, the guards banged on the door to the unit and began flashing on the lights. Buck was immediately out of bed as the workday began. I, on the other hand, was bewildered. I suppose I expected prison to be a place where you stayed in your bed until you wanted to get up, did nothing, and did nothing some more.

Buck looked up at me, as I was on the top bunk.  “You better get up and get out of here before 8:00 a.m. or the ‘hacks’ will put you to work.” With those words, Buck was off to his job.

It was 6:45 a.m.

Well, he talks, I thought to myself, not knowing what to do. Just then, the silence was broken. Another inmate, a middle-aged guy, poked his head around the corner.

“You eat?” he asked with a tentative look on his face, as if he might have disturbed me.

“Your first day here?”

“Yeah,” I replied, honestly glad to have someone who showed some interest. Not that I expected a welcoming party, but rarely had I ever been somewhere where you were looked right through, as if you were nobody. Perhaps it was learned behavior, but even in the “projects,” people seemed to have some basic level of respect and concern. Yet, except for the African-American guy from yesterday, no one seemed to care. Well, not until now.

“I’m Ham.”

“Chuck,” I replied. He offered no hand, and neither did I. I had already made up my mind that I would observe and take my lead from others who had been here awhile. I did not know the ropes, and being a leader in prison was not something I had ever aspired to.

“Follow me. Let’s get some breakfast.” With that, Ham moved out, expecting me to follow. “Now, don’t expect much. You know, the inmates do the cooking around here. The breakfast bunch, well, they ain’t the best. The dinner cooks, well, that’s another story. They’re pretty good. We’ll get some good chow at night.”

WHAT’S WESLEY’S FIRST DAY LIKE…

Well..in the case of “Blade” I suspect that it was a mixture of celebrity, concern and disconnection.  Prison (minimum security or not) is prison and it is different.  This morning Wesley Snipes had his first prison breakfast and many eyes are on him as he begins this new journey in his life.  Perhaps we can put aside our feelings of his guilt or innocence or feelings of appropriateness of his sentence and join to wish him well…

YOUR COMMENTS ARE WELCOME!

Snipes worried about Prison – looking for Supreme Court Relief! What will prison be like for Wesley?

Appearing on Larry King Live – Wesley Snipes took his argument to stay out of prison to the public stating that he was hopeful that the system of justice will smile in his direction if (and that’s a big if) the Supreme Court hear his appeal.  Will they?  DOUBTFUL.

“We still have prayers out there. We still believe in miracles. So don’t send me up the river yet,” Snipes said in an interview on Larry King Live last night.  Tomorrow he will report to Federal Prison in PA and begin what will be a life changing event for him – over 30 months of confinement in federal prison.

Snipes’ avoided felony charges in his tax trial, but was convicted of misdemeanors for not filing tax returns in 1999, 2000 and 2001.

“I think any man would be nervous if his liberty is at stake,” Snipes said. “I’m disappointed that the system seems not to be working for me in this situation.”

According to Prosecutors, Snipes earned $40 million since 1999 but had filed no returns and had been involved in a tax resisters group.  The head of the tax resisters group was found guilty of felony tax evasion and is actively serving a prison sentence now.  Of course, instead of accepting responsibility, Snipes disputed such involvement and said that the failure to file was his advisers’ fault.

“This is another thing that has been misreported: It has been framed that I was a conspirator and that I was an architect in a scheme by an organization that has been characterized as tax protesters,” Snipes said. “The press hasn’t reported that I was a client of people who I trusted [who] had knowledge and expertise in the areas of tax law that would protect my interests.”

Personally, I think that Wesley is guilty of attempting to find innocence instead of stepping up or manning up and telling the truth.  Wesley isn’t stupid, he’s quite capable.  Yes, he was knee deep in the throws of believing that this tax protester group had something and that something was an argument that he’d avoid having to pay taxes on a substantial sum of money.

BIG WIN FOR THE IRS

Having face a few losses in this area – one especially from an attorney in Louisiana – the IRS could not afford to let Snipes go free.  He was far to public a figure and if Snipes won, many followers of the tax avoidance scheme would become followers and have a dramatic impact on undermining the system of tax compliance in this country.

According to a CNN article:

But prosecutors, in their sentencing recommendation, said the jurors’ decision “has been portrayed in the mainstream media as a ‘victory’ for Snipes. The troubling implication of such coverage for the millions of average citizens who are aware of this case is that the rich and famous Wesley Snipes has ‘gotten away with it.’ In the end the criminal conduct of Snipes must not be seen in such a light.”

Snipes suggested he was unfairly singled out by prosecutors.

“It does seem to be rather unusual and rather bizarre when you had a prosecutor come into the sentencing and say that this is the biggest tax trial in the history of the IRS,” Snipes said. “I think there is a certain amount of selectivity going on here.”

Honestly, the prosecutors were right.  If Snipes went free…all heck would break loose when it comes to tax compliance.

“There have been some egregious and very malicious efforts to report the facts of this case,” Snipes said. “I was never charged with tax evasion. I’ve never been a tax protester.”

Wesley come on…man up here big guy.  Accept the fact that you weren’t just relying on a reputable firm when you made the choices you did.  You were on the fringe – no where close to main stream when it came to your responsibilities as a US citizen.  And, you know above all, if the government could have convicted you on tax evasion they would have.  You got lucky.  Your only bad luck was being sentenced to prison for failure to file.  I admit – that is unusual – but I also understand.  If you’d filed and paid as you should have you’d be home with your family this Christmas…not in prison.

WHAT TO EXPECT IN PRISON

Those first steps in are tough.  You know as you walk through the door that life is about to change dramatically!

More than likely you’d be placed in a holding cell once you arrive.  You’ll be given a set of rules to read and while you sit there – potentially for hours, you’ll have time to think about what you’re facing.  You’ll think about what you’ve done that got you here and soon…you’ll come to grips with whether you still want to believe that you’re a victim or whether you’ll accept that your choices got you there.

When the keys jingle and the door opens to let you out…you’ll be seen (more than likely) by a physician’s assistant who will give you a TB test and soon thereafter you’ll be taken to the laundry where you’ll receive your prison uniform and bedding.  Once received you’ll walk holding your new clothing across the prison compound for all to see – a fresh new inmate – “Blade” behind bars – potentially a target.  As you step into your cell you’ll meet your cell mate and at that moment you become “one of them” – life will change.

YOUR COMMENTS ARE WELCOME

Paul Pogue Prison sentencing set for August 27th… Outcome: Probation or Prison?

I know what it feels like on a day like today.  Much like Paul Pogue has done or is doing, I, too, walked up the steps into a federal courthouse, faced a judge and heard a verdict that was life changing.  I, too, like Paul Pogue had plead guilty to tax evasion.  Our circumstances were quite different, but the crime, in the eyes of the law, was the same.

Today – Paul Pogue – steps before a judge and finds out his sentence.

For more details my past post is here:  https://chuckgallagher.wordpress.com/2010/02/24/paul-pogue-texan-guilty-of-tax-evasion-it-is-that-time-of-year/

In my case the judge said – “18 months active and 3 years probation” – and with that the gavel fell and my life changed.

By the time this is posted, Paul has likely heard his sentence.  And, while I have no crystal ball, I would suspect from the reported crime and amount of tax evaded, Paul will receive a sentence much like mine.  I’d guess 12 to 18 months active with probation following as well as order to pay back taxes, interest and penalties.  Probation is possible, but based on the sentence in another Dallas tax evasion case where a 40 month sentence was issued, it will be interesting to see if the court is lenient on Mr. Pogue.

UPDATE:  JUDGMENT – PROBATION 3 YEARS

When the sentence is reported…I will update this blog for those who follow.  Meanwhile, the following should be noted:

• Good people can make bad choices and every choice has a consequence which can include Prison!
• We must face the consequences of our choices and we will either – from future choices become victims or victors!
• Paul and his family will need your support and kindness during this process which I bet is unfamiliar territory!
• We are not defined by our past choices, rather our future and the impact we have on others is defined by the choices we make today!

As always – YOUR COMMENTS ARE WELCOME

John Nicholas Sheets faces Prison and a $2.4 million fine for Tax Evasion. Business Ethics and the IRS

John Nicholas Sheets, a.k.a. “Nicky,” was sentenced by U.S. District Judge Jane J. Boyle to 40 months in prison and ordered to pay $2,408,662 in back taxes, announced U.S. Attorney James T. Jacks of the Northern District of Texas. Sheets pleaded guilty in March to one count of tax evasion.

As a business ethics and fraud prevention speaker, I can’t begin to tell you how many times, especially with the high profile case of Wesley Snipes, that I’ve warned folks to pay careful attention to the tax man.  Likewise, I can’t tell you how many times I’ve received emails, notes and even a DVD telling me I was crazy – that the tax law is unconstitutional.

Well…I DON’T CARE about the constitutionality of the tax law, facts are, if you don’t pay your taxes – YOU’LL GO TO PRISON.  And, having been there – (not that I’m proud of that – I am not) it (PRISON) is not fun.  Put bluntly, Nicky is not going to have a good time in Club Fed!

According to documents filed, Sheets is a licensed realtor who has worked in North Texas for several years. Since 1996, Sheets and his wife have successfully worked as real estate agents and have established multiple closely-held businesses including Eleanor Mowery Sheets, Inc.; Dallas EMS, LLC; and E-Residential, LLC.

According to court records, Eleanor Mowery Sheets pleaded guilty last month to four counts of failing to pay income taxes. Her sentencing is set for October 12, 2010.

In the filed documents, John Nicholas Sheets stipulates that he has substantial unpaid individual and corporate tax debts from 1997, 1998, 1999, 2001, 2005, 2006, 2007 and 2008 totaling approximately $2.7 million, including penalties and interest.

Now…I can understand a mistake or misapplication or interpretation of tax law – but, Sheets efforts go above and beyond misapplication or misinterpretation to blatant fraud.  Seems that Sheets was more concerned about his lifestyle than he was about the freedom that he had as an American to pursue his American dream.

I don’t know John Nicholas Sheets, but having lived in the Dallas area for some time, I would say that he would have been looked on in his community or circle of friends as an honest, ethical business man.  If I am wrong, I hope someone will kindly share an alternative view (COMMENTS ARE WELCOME).  Assuming that he was well respected, I have ONE QUESTION:  What do you think caused Sheets to stray so far from compliance with the tax law?

According to the US Attorney’s news release:

The documents further state that beginning in 1998, rather than pay his substantial tax debts, Sheets used various business entities to conceal the nature and extent of his assets. Sheets admitted to transacting personal business and paying personal creditors with these funds, rather than paying the Internal Revenue Service (IRS). Using these businesses, Sheets commingled funds to pay approximately $435,988 in mortgage interest to three lenders so that he and his wife could live in a home whose market value exceeded $1.3 million during that period. Sheets also stipulated that he used commingled funds to buy personal items (including an interest in a private airplane and vehicles) and pay numerous personal creditors.

Sheets further admitted that on April 5, 2006, he used a local check-cashing business to conceal the nature of his assets so as to avoid paying federal income taxes. Specifically, he took a $123,000 settlement check to the local check-cashing business to conceal the existence of the funds, and rather than deposit the check into his personal bank account for free, he paid more than $2000 to cash that check. None of the cash he obtained on this date was used to pay the IRS; he used the funds to pay for personal expenses and pay other creditors. The factual resume goes on to state that Sheets negotiated the check in this manner upon the advice, recommendation and suggestion of his attorney at the time.

Sheets wife (pictured above), like her husband, faces a sentence for tax evasion.  The conviction of spouses in tax crimes is becoming more common and a BIG WARNING SIGN should be out to all – that when you sign your return you should know what you’re signing, as evasion issues don’t typically rest with one party in a “married filing jointly” return.

If you know Mr. Sheets or have insight into his motives, please feel free to comment.

Wesley Snipes fighting to avoid Prison!

Convicted by obvious choices and now facing prison, Wesley Snipes – through his attorneys – are attempting one last legal maneuver.  But first, here’s a prior link that identifies Snipes actions and choices related to his tax issues.

https://chuckgallagher.wordpress.com/2008/04/15/wesley-snipes-this-is-taxing-my-brain-what-did-he-do-exactly/

According to the Associated Press:

Attorneys for Wesley Snipes say they want to question jurors who convicted the actor of tax-related charges to determine whether any had made up their minds about his guilt before trial.

The motion filed Friday in Florida federal court says that an unnamed juror sent Snipes’ attorney Daniel Meachum an e-mail claiming that three other jurors had presumed Snipe’s guilt.

The motion says that would violate Snipes’ constitutional right to a fair trial.

Snipes was convicted in 2008 of three misdemeanor counts of willful failure to file his income tax returns. The 47-year-old is free on an appeals bond. However, federal prosecutors in Florida have asked a judge to revoke the bond and order Snipes to begin serving a three-year sentence.

I’ve asked myself as I write this – if I were a juror would I have a preconceived notion of guilt or innocence?  Yes.  How could I not considering that Snipes didn’t file returns.  The other issues…well that’s debatable, but failure to file.  That’s irrefutable.  Next!

Wesley Snipes – Prosecutor says Go to Prison Now!

Free on bond pending his appeal…now the Prosecutor wants Wesley Snipes (who LOST that appeal) in the “big house” and NOW!

Last Friday July 16, officials in an Atlanta, Georgia appeals court upheld a judge’s decision to put Snipes behind bars for three years on federal tax charges.

No date for the Blade star’s surrender was discussed and the correctional facility where Snipes, who has been free on bail pending the outcome of the appeal, would serve his time hasn’t been revealed. Yesterday – Wednesday, July 21, prosecutors filed a motion opposing Snipes’ bail, stating, “There is no good reason to delay his surrender”.

The star’s attorney, Daniel Meachum, insists he will respond to the filed documents soon. A jury originally convicted Snipes on three misdemeanor counts of willful failure to file his income tax returns in 2008.

REALITY CHECK

Regardless of whether you feel that Snipes was treated fairly or not, he is going to prison.  And, from personal experience (I’ve been there – although not proud of it), I can say he won’t have fun.  But, I can’t see what the rush is all about.  As a matter of personal example, I was sentenced to a prison sentence in June of 1995 and ordered to report in October of 2005.  Snipes is not a flight risk, so the only reason for a rush is the Prosecutors impatience.

So…let me say to the Prosecutor – YOU WON…Give it a rest…let the system work.  Snipes will be incarcerated soon enough.  Don’t be greedy!

To everyone else…this BS about the tax system not being legal.  Bad argument and you will lose as well.  Prison sucks…so pay your taxes and enjoy life…cause life outside of prison is better than life in prison!

YOUR COMMENTS ARE WELCOME.

As predicted – Wesley Snipes faces PRISON! Court rejects appeal…

Every choice has a consequence and Wesley’s choices have landed him in prison.  Do I think the sentence is a bit harsh?  Yes.  But, Snipes did more – much more – than just fail to file returns.  Rather, Snipes elected through his choices to challenge the federal tax system.  HE LOST!

There is a message here.  Whether you believe in the system or not, if you challenge the system and don’t play by the rules – YOU WILL GO TO PRISON.  I know…I was there partially for a tax crime.

For more background on this story see these entries:

https://chuckgallagher.wordpress.com/2010/06/02/screwed-by-kenneth-starr-wesley-snipes-might-find-an-unexpected-benefit-from-his-loss-no-prison-time/

https://chuckgallagher.wordpress.com/2010/03/15/wesley-snipes-not-worried-about-prison-me-thinks-he-should-be/

https://chuckgallagher.wordpress.com/2010/01/18/nicolas-cage-vs-wesley-snipes-both-ran-afoul-of-the-irs-different-approaches-different-results/

https://chuckgallagher.wordpress.com/2010/01/11/tough-guy-wesley-snipes-fighting-to-say-out-of-prison-doubt-hell-win-that-battle/

Candidly it would have been a miracle for the courts to have come back with any other verdict.  A recent story on CNN is quoted as saying:

Federal prosecutors said Snipes for nearly a decade escaped paying more than $15 million in income tax returns by sending money to overseas accounts, though they acknowledged in court that the amount was in dispute.

Before the sentencing in 2008, the actor asked the court to show mercy and offered three checks totaling $5 million as a gesture of good will.

Federal prosecutors diverted the checks to the U.S. Treasury, which accepted the payment — but it wasn’t enough.

“It’s essentially a down payment, but a fraction of what he owes,” Assistant U.S. Attorney Scotland Morris said at the time.

WHAT’S NEXT?

Snipes, now that the appeals courts has ruled, will be given a report date and location.  Likely, he will be sentenced to a minimum security prison and will soon find out that – even at a minimum security place – prison is still prison.  For those who call it “Club Fed” I would challenge you to try it.  Frankly, it sucks.

Snipes will be a celebrity behind prison walls, but soon will be treated like anyone else.  He is, after all, an actor.  His “tough guy” image is just an image and he will quickly learn that there are others who would easily take advantage of him.  Best advice…stay to himself and learn humility.

When location and time in announced…it will be reported.  Meanwhile, YOUR COMMENTS ARE WELCOME.

Screwed by Kenneth Starr – Wesley Snipes might find an unexpected benefit from his loss – NO PRISON TIME!

Smart man – Wesley Snipes – wasn’t so smart with his tax dodging that he avoided a lengthly prison sentence (which he is now appealing)…  But sometimes even some folks fall into dumb luck.  This may be the case for the actor – tax dodger – Wesley Snipes.

Go figure…  Facing three years in prison he just might win his appeal since one of the star (no pun intended) witnesses – Kenneth Starr – financial adviser to Mr. Snipes back in the ’90’s.  Kenneth I. Starr, who was arrested recently and charged with fraud and money laundering in federal court in New York, was Snipes’ financial advisor in the 1990s. Starr, a prosecution witness in Snipes’ 2008 tax-evasion trial, testified then that he told the movie star he needed to file tax returns, despite contrary advice the actor obtained from an anti-tax outfit.

Now, honestly, as a former CPA – Starr gave Snipes accurate and good advice.  But…Wesley Snipes is hoping that the arrest of his former financial advisor could help reverse the actor’s tax-charge conviction on which he has been sentenced to three years in prison.

The testimony by Starr, described by the prosecutor in his closing statement as “a competent tax professional,” was a major reason the jury convicted Snipes on three misdemeanor charges, said Robert Barnes, Snipes’ lead trial lawyer. His client was acquitted of felony charges in the case.  Barnes said he was confident the conviction would be overturned now that Starr had been arrested.

Starr “a competent tax professional” is now being discredited because of the Ponzi scheme he effected which, by the way, apparently cost Snipes some dollars.  Better lose money than time in prison.

Frankly, this is all a bit surreal, in that I, too, was a “competent tax professional” who (UNFORTUNATELY) effected a Ponzi scheme (back in the ’80’s) before it was the popular sheik thing to do.  But, when you do something wrong – and face conviction for the offense – it seems your credibility is destroyed and success of the past is surely in the past.

“Wes will pursue all legal remedies if the government doesn’t step up to the plate and drop these charges on its own,” said Barnes, who is with the Bernhoft Law Firm in Los Angeles.

A spokesman for the U.S. attorney’s office in Florida that prosecuted Snipes declined to comment on Starr’s arrest and said the government still intended to contest Snipes’ previously filed appeal.  But some legal experts said Starr’s arrest could benefit Snipes, who has not yet begun serving his sentence.

“It’s a nice thing to have landed in the laps of the defense,” said Ellen S. Podgor, a law professor at Stetson University who blogged on Snipes’ trial. “If this was in fact the star witness, and if the guy lied, then that’s pretty crucial.”

During the trial the defense contended that Starr had lied on the stand.

If Wesley Snipes gets off it will be a blow to the government and bolster the ranks of those who somehow feel that not paying or filing tax returns is actually OK.  Take it from one who spent time in prison for a tax crime – playing with the tax law is not a wise move.  Should Wesley face three years in prison for a misdemeanor?  Seems a bit of a stretch, but, for those who followed this case, Wesley did much more than not file returns…he tried to dodge the system entirely and was not nearly as dumb as he played himself to be.

But Starr’s failure might keep this star out of prison.  I’m sure that Wesley is thanking his lucky Starrs that this fell into his lap!