- John Green and Thomas Selgas were falsely indicted and tried for evasion of payment of taxes and a Klein conspiracy for year 1998-2002 and 2005. They claimed that all applicable taxes were paid and have documentary proof. A jury found them guilty because the court refused to instruct the jury on the law. They are awaiting sentencing.
- After trial, Selgas received an Order from the Tax Court saying the tax action was dismissed, i.e., there is no tax due. Relying on this new evidence the jury did not see, Green sent a copy of the Tax Court Order to the trial judge moving for either a dismissal or a new trial.
- In response to Green’s motion, the Government responded the Tax Court Order was not new evidence. An outright lie. Based at least in part the Government’s misrepresentation, the Judge denied Green’s motion for dismissal or for a new trial.
- The reason Selgas’ taxes are at issue is that Green and Selgas, through litigation, advocacy, and public education, tried to lawfully engage the United States Treasury and the IRS to recognize and comply with the monetary provisions of both the Constitution and current monetary statutes (31 USC §§ 5112(a)(9), (h), 5103, 5117, 5118 and 5119(a) and 12 USC §§ 411 and 354.)
- Our law requires the Secretary of the Treasury preserve the equal purchasing power of each type of US currency, including any currently circulating, United States minted gold or silver coins and paper Federal Reserve Notes. The Secretary did not perform his statutory duty (31USC § 5119(a)), for anyone using United States monetary instruments whether they be gold, silver or paper.
- For the year 2005, Selgas, with Attorney Green helping, prepared and filed a Legal Statement, fully accounting for and reporting the proceeds of payment Selgas received in the actual amounts received, which were in the form of ten-dollar United States American Gold Eagle coins (the “Coins”). For the years 1998-2002 Tax Returns were filed, and taxes paid.
- Selgas and Green visited multiple IRS offices to tender payment to the IRS for Selgas’ 2005 tax deposit, in the form of 1,485 currently minted ten-dollar American Eagle coins. Consistent with black-letter law, these Coins are Legal Tender for their face amounts (31 USC §§ 5103 and 5112(h)).
- At each of multiple tries, the IRS refused to accept the 1,485 ten-dollar American Eagle Coins which, according to law, it was legally obligated to accept. Instead, Selgas was instructed to tender a check to pay his 2005 taxes.
- Selgas paid his 2005 income tax, as directed by the IRS, with a Bank Check, drawn on Viewpoint Bank, payable to the United States Treasury for $14,850. Said check was redeemable for Federal Reserve Notes, which in turn are redeemable in Gold (see 12 USC §§ 354 and 411).
- Selgas was prosecuted and found guilty of “evasion of payment of Tax” by a jury, and Green and Selgas were both found guilty of conspiracy.
- The Government ignored Selgas’ filed Legal Statement, prepared by Green, and ignored Selgas’ tax payments as all amounts were calculated based United States minted legal tender gold coins, based on constitutional money and under black-letter law and long-standing Supreme Court precedent (Thomson v. Butler, 95 U.S. 694, 696 (1877)).
- At trial on the 2018 indictment, the government ignored the facts, lied, and successfully sold the jury on its well-oiled “greed” and “envy” arguments, thereby confusing or shaming the jury into a “guilty verdict”, while the court refused to instruct the jury on the law.
- John Green as has a strong commitment to the rule of law as a former police officer, a former deputy sheriff, an attorney and a member of the Idaho Legislature. This miscarriage of Justice is political harassment and the silencing of political speech.
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