posted 06-27-2003 10:18 AM
http://www.sierratimes.com/03/05/05/article_irs_suit.htm Trial Date Set For February 2004
By J.J. Johnson - Sierra Times.com
Palos Hills, Illinois -Two national membership organizations providing estate planning help, announced last week a 500 billion dollar class action lawsuit they filed against the Internal Revenue Service(IRS) and several of its agents. The suit charges violations of the civil rights of some 5500 members of the organizations, most of whom are senior Americans.
The information was released through the Executive Director of the two organizations, Michael Vallone. The suit was filed in May of 2001 and has finally been set for trial in February of 2004.
The suit stems from a raid on the offices of the organizations conducted by the IRS on March 31, 2000. On that date approximately 30 armed IRS agents entered the Palos Hills, Illinois offices of Heritage America and The Aegis Company and took thousands of private records of the members of the organizations, and interrogated the staff for as long as two hours without reading anyone their rights.
Mr. Vallone reported that, "We have faced one delaying tactic after another by the government and the IRS in this case. The suit was originally filed on May 8, 2001 and the government failed to file any response whatsoever until we obtained a default judgement against them.
They then filed a motion to dismiss the case and it was granted to them based on a technicality regarding how the government and the IRS agents were 'served' with the lawsuit. This cost us more than a year of time," said Vallone.
The suit was re-filed August 29, 2002. The government filed a Motion to Dismiss the case once again in December of 2002. The Plaintiffs (Heritage America and The Aegis Company) immediately filed a Motion to Strike the government's motion to dismiss. The plaintiffs believe their "Motion to Strike" will essentially 'void' the governments Motion to Dismiss the case, and make it as if they never filed it.
"Our reasoning for filing the Motion to Strike is because the government failed to identify which defendants they were appearing for." said Vallone. "We believe they failed to specifically identify the defendants because the government knows that we have evidence which demonstrates that the US Attorney lacks legal authority to defend an IRS agent in court."
Vallone further reported, "although the government never filed an answer to our Motion, and although it has now been nearly four months since the Motions were filed, the court has still not ruled on the Motions."
Nevertheless, just recently the court approved a joint resolution for scheduling the case and set a trial date of February of 2004. Incredibly, the same day that Heritage and Aegis received word that the court had issued the order to schedule the trial the IRS conducted NEW RAIDS against the offices of Heritage and Aegis. This time, in addition to raiding the company offices, they also raided the home of Mr. Vallone and a company storage facility. Furthermore, Mr. Vallone was on vacation at the time and the IRS followed Mr. Vallone to Orlando, Florida and searched his hotel room.
In reference to the more recent raids Vallone plans to push forward with the lawsuits, "This lawsuit, despite everything the government and IRS has done to sabotage it, is going forward," he said. Not only has the court scheduled the trial, on April 10, 2003 the court issued an order to begin discovery information to be released to both sides. "We will shortly begin deposing multitudes of IRS agents. In light of that, I believe the government is now doing everything they can think of to try to put me in jail and make this suit 'go away'," said Vallone". They have investigated me for seven years, and we have uncovered two separate attempts to entrap me in illegal activities, but God has watched out for me and we will continue to push ahead regardless of what they do."
The class action lawsuit contains 10 separate counts of violations of Title 42 of the United States Code for deprivation of civil rights, and an additional count under Title 18 which charges that the IRS and its agents violated the federal racketeering laws.
The complaint was filed in the Southern District of Illinois, case #02-978-GPM. The attorney for Heritage America, The Aegis Company and their 5500 members is Stephen McIlwain of Albuquerque, New Mexico. The lawsuit is being coordinated by United Citizens for Legal Reform. The Director of UCLR is Mr. Sam Sorrell. Craig A. Weaver is the U.S. Attorney assigned to the case.
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