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7th Circuit affirms tax convictions of Fort Wayne entrepreneur

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A man whose family spent millions while he pleaded poverty to gain need-based scholarships for his children and failed to report foreign bank accounts lost the federal appeal of his conviction on multiple tax charges Thursday.

The 7th Circuit Court of Appeals rejected defense arguments in United States of America v. James Simon, 11-1837, affirming his conviction on charges of filing false income tax returns, failing to file reports of foreign bank accounts, mail fraud and financial aid fraud.

Simon, a Fort Wayne entrepreneur with international business interests that the 7th Circuit said “require a flowchart to unravel,” claimed a family trust based in the Cook Islands, as well as businesses in Gibraltar, Cyprus and Ukraine. The opinion notes that Simon’s wife, Denise, committed suicide days after federal agents searched the couple’s home.

“In his defense, Simon sought to demonstrate that the money he received from various entities was loaned to him and thus was not taxable,” Judge Rovner wrote for the panel, “At worst, he explained, he mischaracterized some of the transactions, but not in a manner that violated any criminal law.”

"Because we have determined that both the (foreign bank account reporting) counts and the false tax return counts will stand, there is no basis to challenge the remaining counts," the court ruled in affirming the convictions.

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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