No. 18-9433

Timothy J. Stubbs v. United States

Lower Court: Tenth Circuit
Docketed: 2019-05-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-activity financial-records financial-transparency fraud fraud-or-deceit kawashima-v-holder sentencing-enhancement sophisticated-means tax-assessment tax-evasion
Latest Conference: 2019-10-01
Question Presented (from Petition)

Does the Government meet its burden of proof in a tax evasion case (as opposed to failure to file) where the financial records of the accused are truthful, accurate, and contain no fraud?

Does the Government meet its burden of proving the existence of the "sophisticated means" enhancement in a case where the accused does not hide or conceal any aspect of his financial dealings?

Does the Government meet its burden of proving the existence of the "criminal activity" enhancement when it fails to allege or prove any facts of a criminal offense?

Question Presented (AI Summary)

Does the Government meet its burden of proof in a tax evasion case (as opposed to failure to file) where the financial records of the accused are truthful, accurate, and contain no fraud?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-13
Waiver of right of respondent United States to respond filed.
2019-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2019)

Attorneys

Timothy Stubbs
James L. HankinsHANKINS LAW OFFICE, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent