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November 30, 2003Employer Simkanin Prosecution Ends in MistrialFrom WeThePeople: 11-26-03 Employer Simkanin Prosecution Ends in Mistrial Judge Stymies Both Jury & Defense Jury Hung at 11-1 Favoring Acquittal After almost 6 months of incarceration in isolation awaiting his federal trial, non-withholding employer Dick Simkanin’s trial ended this evening in a mistrial after the jury was unable to reach a verdict on federal charges that Simkanin failed to Withhold taxes from his employees. Simkanin, a successful Bedford, Texas business owner, had been charged with 12 counts of Willful Failure to Withhold employment taxes for his employees and 15 counts of filing False Claims for requesting refunds of tax pre-payments that had been made by Simkanin on behalf of those employees. Facing years in federal prison, his trial lasted only hours, beginning and ending yesterday – largely because the Court denied Simkanin the opportunity present any expert defense witnesses or legal evidence regarding the contested legal obligations under US income tax statutes. Jury deliberations started this morning and the mistrial was declared around 6 PM Central time. A report from several sources close to the Simkanin team was that the jury hung 11-1 in favor of acquittal. US Attorney Jarvis stated that he intended to retry Simkanin “as soon as possible.” Simkanin, who has NO criminal record, was immediately ordered back into federal custody by Judge John McBryde. ...
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