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- W222794802 abstract "CASE DESCRIPTION This case addresses the issue of double jeopardy in an interesting way. Mr. Wanna was tried in criminal court on drug conspiracy charges and was found not guilty. However, in a subsequent trial for evasion of taxes he was found guilty of not paying taxes on the drugs the criminal court had found him not guilty of selling. In the second trial the government used additional witnesses that testified about the sale of drugs that did not testify in the criminal case. Among other issues, Mr. Wanna's attorney claims that the second trial was more about the selling of drugs than about the avoidance of taxes and that the tax court, in essence, convicted him of selling drugs thus violating double jeopardy. CASE SYNOPSIS When humor is effectively used the lessons learned often last much longer than otherwise. This case uses the line made famous by President Nixon to examine the transfer of knowledge between courts. We can visualize the plaintiff screaming, But I am not a I was found innocent. How can they convict me of not paying taxes on drugs that I did not sell? I am not a crook. The tax court did, in fact, convict the plaintiff on tax evasion charges even though in an earlier criminal trial he had been found not guilty on drug conspiracy charges. The primary question posed regards the results of the appeal. INSTRUCTORS' NOTES Recommendations for Teaching Approaches This case is based on U.S. versus Stuart L. Smith. Much of the narrative of the judges is taken quite closely from that case, but is not cited there to prevent students from obtaining the correct solution. There is a legal distinction between being found not guilty and innocent, which this case illustrates. The case also illustrates the difference between criminal proceedings for an offense and criminal proceedings for not paying taxes based on the offense. This case can be used to simply make these two points (difficulty level of one with minimal outside preparation), or it can be used as a starting point for an extended discussion into the legal distinction between acquittal and innocence and/or the difference between criminal charges and tax evasion charges (difficulty level of three with extensive outside preparation). Most accounting professors would probably prefer to treat it as a simple case to be covered in less than thirty minutes whereas business law professors may want to delve into the nuances and spend at least an hour on the case. The ability to use the case for multiple purposes certainly enhances its value. ASSIGNMENTS AND SOLUTIONS The primary assignment should be for the students to review the material and determine whether or not they believe the Court of Appeals will uphold the tax evasion conviction. More specific questions could be developed, and are provided below, but they are more useful in guiding discussion than in using as specific assignments. For those familiar with political satire, there once was the adage that Louisiana had the most honest governor in the United States. In fact, he was so honest that he had been proven so on three separate occasions. [Former Louisiana Governor Edwards was found not guilty in three court cases before finally being convicted.] The false pretense that failure to convict implies honesty was the essence of that satire, as it is in the claim here that acquittal in one court should have bearing in another court. Tax evasion cases are quite popular with prosecutors because they are relatively easy to prove. Usually, the only elements of the crime that the prosecutor must show are that a taxpayer received income and failed to report it and pay taxes on it. The income could have been derived from either a legal or illegal activity. However, the prosecution does not have to prove that the defendant is in fact guilty of the illegal activity, but only that he failed to pay taxes on the income produced from the activity. …" @default.
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- W222794802 date "2004-03-01" @default.
- W222794802 modified "2023-09-23" @default.
- W222794802 title "The Case of the I Am Not a Crook crook.(Instructor's Note)" @default.
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