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Extended Entries

Wednesday, January 18, 2006

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FORMER IRS SPECIAL AGENT SPEAKING IN SOUTHERN CALIFORNIA MARCH '06

From : Freedom Above Fortune
Reply-To : jbanister@freedomabovefortune.com
Sent : Wednesday, January 18, 2006 11:26 PM
To : List
Subject : FORMER IRS SPECIAL AGENT SPEAKING IN SOUTHERN CALIFORNIA MARCH '06

FREEDOM ABOVE FORTUNE NEWS

Dear Friends:

I will be speaking at the 2006 Health and Freedom Conference in Irvine,
California, which will be held Friday March 10th through Sunday March 12th,
2006. Barring any unforeseen scheduling difficulties, one or more members of my
legal team are also planning to attend and may be given an opportunity to speak
to the gathering. I will be joining many other speakers that weekend, some of
whom you may be familiar with and some not. For more information go to
www.livefreenow.org and click on "2006 Health and Freedom Conference" or call
Freedom law School at (760) 868-4271 for a color brochure.

I have also been invited to appear on "The Power Hour" with Dave VonKleist and
Joyce Riley this Monday morning the 23rd at 6:00 am PST. Visit
http://www.thepowerhour.com/ and look in the upper right hand corner to see how
to listen to the show over the internet.

Some of the other speakers planned for the Helath and Freedom Conference that
weekend are:

WILLIAM RODRIGUEZ - Former maintenance worker at the World Trade Center, the
last man out, who held the master keys, saved over 20 people personally on 9/11
and has met George Bush, is suing President Bush & other high U.S. Officials to
expose what really happened on that tragic day! Come and hear his "truth is
stranger than fiction" account!

TED GUNDERSON - Former Head of the Dallas, Memphis and Los Angeles FBI
Offices.

JOAN VEON - International journalist and businesswoman.

BILL STILL - Director of the Money Masters DVD.

BOB SCHULZ - Founder and Chairman of the We the People Foundation.

Dr. TIM O'SHEA, D.C. - Author of The Sanctity of Human Blood, 9th
Edition.

PEYMON MOTTAHEDEH - Conference Host and the President of Freedom Law School


******************************************************************

-For those who have received this message as a forward from someone
else, you can sign up to receive these messages directly by visiting
www.freedomabovefortune.com and clicking on "Mailing List".

-For those who are unfamiliar with what has transpired to date in this
case, especially the recent acquittal on all charges leveled against me,
please visit http://www.ninehundred.net/banister/ ,
www.joebanister.blogspot.com and www.freedomabovefortune.com (click on
"IRS LOCKOUT UPDATE"). You can also find archives of informative radio
shows at www.hearliberty.com .

-I am still accepting contributions to my legal defense fund due to the
significant costs of defending against multiple IRS attacks. Checks or
money orders are gratefully accepted and can be made payable to "Joseph
Banister Legal Defense Fund", and mailed to P.O. Box 90239, San Jose,
California 95109-4239. Money orders may provide a greater degree of
privacy to the donor than checks so use your own discretion based on the
degree of privacy you desire. Visit
http://www.ninehundred.net/banister/ for more information as to how you
can obtain information about my recent trial and contribute to my legal
defense fund at the same time.

-My sincere thanks to those who have prayed for the success of our
efforts and contributed to my defense fund. Your continued financial
support is enabling me to illustrate, in detail and in a very public
manner, that the IRS does not prevail against citizens because the
agency adheres to the rule of law, but that the IRS prevails against
citizens because the agency ignores the law, twists the meaning of the
law, and overwhelms the citizen with economic and legal burdens. In a
school yard, such tactics are called "BULLYING". In a government
setting, such tactics are called "TYRANNY". This effort is the
equivalent of ganging up on the bully and sending him to reform school
where he belongs.

*****************************************************************

Kind regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent
www.freedomabovefortune.com www.joebanister.blogspot.com

George Orwell, 1984:

"You are a slow learner, Winston," said O'Brien gently.

"How can I help it?" he blubbered. "How can I help seeing what is in
front of my eyes? Two and two are four."

"Sometimes, Winston. Sometimes they are five. Sometimes they are three.
Sometimes they are all of them at once. You must try harder. It is not
easy to become sane."

You are receiving this e-mail because you asked to be informed of updates to the
Freedom Above Fortune website and Mr. Banister's speaking schedule. If you no
longer wish to receive these notifications you may unsubscribe by going to
http://www.freedomabovefortune.com/mailingList/ and selecting the 'unsubscribe'
option.


Wednesday, July 27, 2005

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Freedom Above Fortune News

From : Joe Banister
Sent : Wednesday, July 27, 2005 12:05 PM
To : List
Subject : Targeted For Termination By The Income Tax Enforcement Apparatus

Freedom Above Fortune News

Targeted For Termination By The Income Tax Enforcement Apparatus

Dear Friends:

It is reasonable to assume that nearly everyone on my list has at one time or
another been gripped by the fear that the Internal Revenue Service would come
knocking at your door. Whether you are a person who has aggressively questioned
the legitimacy of the authority and power wielded by the IRS or a person who has
done everything the IRS expected makes little difference because fear of the IRS
has unfortunately become as widespread as fireworks on Independence Day. Given
this prevalence of fear, the average American would undoubtedly be curious as to
what it is like to become a target of the IRS's wrath.

Without question, individual liberty cannot coexist with fear of one's
government. One need only look at countries where fear of government is
prevalent for proof of this principle. If a citizen of one of those countries
knew nothing about the United States of America except for the words of our
Constitution and Declaration of Independence, that citizen would have little
choice but to conclude that the U.S.A. is the "land of the free". Similarly,
most Americans appropriately view the U.S.A. as the "land of the free". Most
Americans, however, have never really tested to see if the liberty and
inalienable rights perceived to exist indeed do exist.

I was one of those Americans who perceived that the words of our Constitution
and Declaration of Independence provided a virtual guarantee that I lived in the
"land of the free". I believed so much in our system of government that I
gladly and proudly applied for and was appointed to the position of IRS Criminal
Investigation Division Special Agent. I was anxious to join my other family
members who served in various law enforcement and public service positions. I
was anxious to use my talents and skills to serve my country and protect my
country's treasury. I intended to happily pursue such service for the rest of
my professional life. However, "a funny thing happened to me on the way to the
office".

During my service as an IRS criminal investigator, I investigated a claim made
on a talk radio program that the IRS was basically deceiving the American public
about the scope and nature of the federal income tax system. To my surprise, I
discovered, through tedious and methodical investigation during the latter years
of my IRS service, that those Americans who prior to me had also investigated
this claim were met with coercively destructive and merciless attacks from what
I call the "income tax enforcement apparatus" when they attempted to dispute the
alleged income tax owed and/or question the conduct of those administering the
federal income tax system.

Since I had become a part of the "income tax enforcement apparatus", I became
gravely concerned when I encountered evidence of these apparently illegitimate,
yet coercively destructive and merciless attacks, especially since my
perception, like so many other Americans, was that such attacks could not exist
in the "land of the free". In effect, my perception was disrupted by the cold,
harsh reality of incontrovertible evidence.

A growing number of Americans had already arrived where I had found myself. The
difference between me and those Americans, however, was that I was employed by
an agency of the "income tax enforcement apparatus" that was directly
responsible for such atrocities. At the outset of that employment, an oath to
support and defend the U.S. Constitution against all enemies foreign and
domestic was administered to me and that oath created a specific duty for me. I
also had my own moral code of conduct that would not allow me to knowingly
engage in such coercively destructive and merciless attacks against innocent
Americans nor allow me to be part of an apparatus responsible for such conduct.

In order to reconcile my previous perception that the land of the free was alive
and well against the reality of the evidence of IRS wrongdoing I had accumulated
during my investigation, I requested in early 1999 assistance from upper
management IRS officials (my own superiors and those above them) to determine
what legal basis existed to justify the wrongdoing I perceived.

Rather than give me the dignity of a meaningful response to my concerns, I was
encouraged to resign from my position at the IRS. Top IRS officials made no
effort to provide me with any guidance regarding the error of the analysis, if
any, of one of their own investigators - analysis pointing to significant
deceitful and likely illegal conduct on the part of those administering the
federal income tax system.

IRS officials, and later U.S. Department of Justice (USDOJ) officials,
incredulously determined that "purposeful nonresponsiveness" was the best course
of action to take in answer to my sincere inquiries - at least for the first few
years after my inquiries were posed - no doubt exemplifying the typical
government tactic of sweeping problems under the rug and waiting to see if the
"heat" will die down.

Unfortunately for the income tax enforcement apparatus, the heat did not die
down and the volume of Americans suspicious of the government's "purposeful
nonresponsiveness" to my legitimate inquiries continued to grow. Unfortunately
for me, the more Americans that became aware of my efforts, the greater the
pressure on the income tax enforcement apparatus to address my inquiries in some
manner. The question was - in what manner would the income tax enforcement
apparatus address my inquiries? With hindsight now available in evaluating my
circumstances, the use of brute force was undoubtedly considered as the "Plan A"
tactic in place of open and honest communication and resolution in the event the
"heat" did not die down. Since the "heat" did not die down, "Plan A" was
deployed against me in two phases.

The first phase was a civil complaint proceeding to discredit me among my peers
and the public, quarantine me from contact with rank and file IRS employees, and
deplete my financial resources. The second phase was a criminal complaint
alleging that I had engaged in criminal conduct (and it should be pointed out
that there were many other credible people making similar sincere inquiries to
whom the income tax enforcement apparatus coordinated similar "Plan A" tactics
rather than open and honest redress).

The first phase of Plan A, a civil complaint proceeding, involved a formal
complaint being issued against me by the IRS "Office of Professional
Responsibility", a Nixonian government strike force used to attack attorneys and
CPAs who staunchly and fearlessly advocated for their clients in IRS disputes:

( http://www.irs.gov/newsroom/article/0,,id=105533,00.html )

The details of this complaint process were conveyed to my email list in the past
and I will not recount them here. But for those who want to learn or review how
the IRS controls its opposition in such a Gestapo-like fashion, please visit:

www.joebanister.blogspot.com/2004_07_18_joebanister_archive.html

and

www.freedomabovefortune.com (click on IRS LOCKOUT UPDATE and scroll down to the
documents dated from March 19, 2003 to June 25, 2004)

Suffice it to say that the civil complaint process did place an enormous burden
on me as intended. Unfortunately for the IRS, however, the growing number of
Americans interested in this battle of wills between me and my former colleagues
stood with me to help shoulder the burden through prayer, moral support, and
monetary donations. The IRS and the income tax enforcement apparatus behind it
rely on legal and economic "shock and awe" tactics to vanquish its opponents.
Such tactics weren't as successful as they had hoped because of the groundswell
of support I received. Due to the spiritual and financial support I have
received, the civil complaint process to "lock me out" of IRS offices is ongoing
and is expected to not only succeed but yield evidence of more illegal conduct
on the part of IRS officials. Stay Tuned!

Prior to and during the civil complaint process, I encountered evidence that the
IRS had commenced a criminal investigation against me as well. Not
surprisingly, but disappointingly, the income tax enforcement apparatus decided
to use its seemingly endless resources to overcome the growing team of support
that was coming to my aid. Rather than pull up a chair at the discussion table,
the apparatus simply reached for another club to swing – a criminal prosecution
to once and for all put an end to my irritating inquiries.

In the next issue of Freedom Above Fortune News, I will describe some of the
events surrounding my criminal prosecution, what it was like defending against
such a prosecution, and interaction with my legal team from the Bernhoft Law
Firm ( www.bernhoftlaw.com ).

I have incurred significant costs in connection with this David v. Goliath
defense effort that are still outstanding, and I would also like to continue my
appeal of the "IRS LOCKOUT" effort for the benefit of all those who advocate for
their clients against IRS and USDOJ abuse as well as Americans who are in dire
need of such advocacy. Your continuing spiritual and financial support is
critical to the continuing success of my efforts.

I regret that I must periodically ask for such assistance but with the seemingly
endless resources of my opponents in the income tax enforcement apparatus, I
have no other choice. I offer my sincere thanks to all who have supported me in
the past and all who will stand by me in the future. I read every piece of
correspondence that is sent to me. Although it is not possible to communicate
my gratitude to each of you individually, please know that your support is
deeply appreciated and extremely helpful to my efforts.

(Special thanks to those who sent a donation specifically for use in meeting
household expenses. A sizeable number of these donations were postmarked on
June 24th, 2005, the day after my acquittal. Such donations have continued in
subsequent weeks. With all the weeks of work I missed preparing my defense
against the unfounded charges against me, these special donations enabled me to
meet the financial obligations of being a husband and father, which served to
neutralize a routine byproduct of an IRS attack, economic devastation of their
target.)

********************

-For those who have received this message as a forward from someone else, you
can sign up to receive these messages directly by visiting
www.freedomabovefortune.com and clicking on "Mailing List".

-For those who are unfamiliar with what has transpired to date in this case,
especially the recent acquittal on all charges leveled against me, please visit
www.joebanister.blogspot.com and www.freedomabovefortune.com and click on "IRS
LOCKOUT UPDATE". You can also find archives of informative radio shows at
www.hearliberty.com .

-I am still accepting contributions to my legal defense fund due to the
significant costs of defending against multiple IRS attacks. Checks or money
orders are gratefully accepted and can be made payable and mailed to the Joseph
Banister Legal Defense Fund, P.O. Box 90239, San Jose, California 95109-4239.
Money orders may provide a greater degree of privacy to the donor than checks so
use your own discretion based on the degree of privacy you desire.

-My sincere thanks to those who have prayed for the success of our efforts and
contributed to my defense fund. Your continued financial support is enabling me
to illustrate, in detail and in a very public manner, that the IRS does not
prevail against citizens because the agency adheres to the rule of law, but that
the IRS prevails against citizens because the agency ignores the law, twists the
meaning of the law, and overwhelms the citizen with economic and legal burdens.
In a school yard, such tactics are called "BULLYING". In a government setting,
such tactics are called "TYRANNY". This effort is the equivalent of ganging up
on the bully and sending him to reform school where he belongs.

********************

Kind regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent
www.freedomabovefortune.com
www.joebanister.blogspot.com


Thursday, July 07, 2005

|

Freedom Above Fortune News

From : Freedom Above Fortune
Sent : Thursday, July 7, 2005 10:28 PM
To : List
Subject : Former IRS Special Agent's Inquiry Penetrated The Highest Levels of the USDOJ

Former IRS Special Agent's Inquiry Penetrated The Highest Levels of the U.S.
Department of Justice

Dear Friends:

The "DiLeonardo Email", described in my last detailed email announcement, has
been posted to www.freedomabovefortune.com (click on IRS LOCKOUT UPDATE in the
center of the screen and scroll down to the bottom). This is a "must see"
exhibit from my trial two weeks ago, which ended in an acquittal on all charges
leveled against me. Please reread the pertinent excerpt reproduced below.

You might want to share this exhibit and explanation with your friends,
relatives, and coworkers and ask them why they think the U.S. Department of
Justice (USDOJ) chose not to respond to one of their own experienced trial
attorneys, who communicated to top USDOJ officials 3 and 1/2 years before my
indictment that "I believe he [Banister] would listen to the Tax Division" and
"... it would serve the government well to show him the error of his views" and
"At the very least, Banister could no longer argue that the government has
refused to 'show him the law'".

**********************************************************************
One particular trial event, however, is worthy of mention here - the testimony
of Thomas DiLeonardo, currently an Assistant United States Attorney from New
Jersey. Mr. DiLeonardo served as the U.S. Department of Justice Tax Division
prosecutor in 1998 for one of the income tax cases I investigated when I worked
at the Internal Revenue Service.

One of the prosecutors in my criminal trial, Assistant United States Attorney
Robert Twiss, questioned Mr. DiLeonardo about his interaction with me during our
working relationship in 1998. Among the questions posed on direct examination,
Mr. Twiss asked whether Mr. DiLeonardo recalled me asking him about "section
861" of the Internal Revenue Code. Mr. DiLeonardo responded that I had never
asked him about "section 861" of the Internal Revenue Code. Mr. Twiss
apparently thought that the absence of any discussion about "section 861" of the
Internal Revenue Code between me and a federal prosecutor assigned to my
investigation in 1998 somehow evidenced my lack of sincerity in connection with
my own legal research. Mr. DiLeonardo's direct testimony about what we did not
discuss did not seem to resonate with the jury; Mr. DiLeonardo's testimony on
cross examination, however, did resonate with the jury according to my later
discussions with some of the jury members.

Pursuant to trial discovery rules, Mr. Twiss was required to disclose prior
statements Mr. DiLeonardo made concerning me. Thus, a few minutes before Mr.
DiLeonardo testified, Mr. Twiss handed my attorney Jeff Dickstein an April 17,
2001 email that Mr. DiLeonardo had authored. In that email, Mr. DiLeonardo had
informed his superior, Ronald Cimino, the Chief of the Department of Justice's
Criminal Tax Division for the Western United States, that I had previously
spoken with Mr. DiLeonardo about my questions and he (DiLeonardo) believed I
would listen to the Tax Division if they would meet with me to show me the error
of my views.

According to Mr. DiLeonardo's trial testimony during cross examination by Jeff
Dickstein, Mr. Cimino not only never contacted me (Banister) to arrange a
meeting, but Mr. Cimino never even responded back to his subordinate DiLeonardo
in answer to DiLeonardo's email. In effect, Mr. Twiss's own witness confirmed
that I was not only sincere in my beliefs and willing to listen, but that the
"income tax enforcement apparatus" chose to ignore a request from one of their
own prosecutors to address my concerns. A copy of this email will be posted at
www.freedomabovefortune.com (click on IRS LOCKOUT UPDATE, and scroll to the
DiLeonardo email). The jurors I spoke to after my trial did not view Mr.
DiLeonardo's direct testimony as evidence of any bad faith on my part but they
definitely viewed Mr. DiLeonardo's cross examination testimony as evidence that
I had sincerely sought answers to my questions throughout the alleged conspiracy
period. The Power of Prayer & The Power of People!
******************************************************************
******************************************************************

-For those who have received this message as a forward from someone else, you
can sign up to receive these messages directly by visiting
www.freedomabovefortune.com and clicking on "Mailing List".

-For those who are unfamiliar with what has transpired to date in this case,
please visit www.freedomabovefortune.com and click on "IRS LOCKOUT UPDATE" or
visit www.joebanister.blogspot.com . You can also find archives of informative
radio shows at www.hearliberty.com .

-My sincere thanks to those who have prayed for the success of our efforts and
contributed to my defense fund. Your continued financial support is enabling me
to illustrate, in detail and in a very public manner, that the IRS does not
prevail against citizens because the agency adheres to the rule of law, but that
the IRS prevails against citizens because the agency ignores the law, twists the
meaning of the law, and overwhelms the citizen with economic and legal burdens.
In a school yard, such tactics are called "BULLYING". In a government setting,
such tactics are called "TYRANNY". This effort is the equivalent of ganging up
on the bully and sending him to reform school where he belongs.
******************************************************************

******************************************************************

Kind regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent
www.freedomabovefortune.com www.joebanister.blogspot.com

George Orwell, 1984:

"You are a slow learner, Winston," said O'Brien gently.

"How can I help it?" he blubbered. "How can I help seeing what is in front of my
eyes? Two and two are four."

"Sometimes, Winston. Sometimes they are five. Sometimes they are three.
Sometimes they are all of them at once. You must try harder. It is not easy to
become sane."


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