⚖️ Wesley Snipes sentenced to 3 years for not filing tax returns

A jury cleared Snipes of fraud and conspiracy; he says bad advisers misled him. The judge still gave the 3-year maximum. 🗣️

Wesley SnipesSENTENCEDPhoto: Gage Skidmore from Peoria, AZ, United States of America · CC BY-SA 2.0

Photo: Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons. Desaturated and cropped by MrScandal.

What we know

  • A federal jury in Ocala, Florida, convicted Wesley Snipes on Feb. 1, 2008 of three misdemeanor counts of failing to file tax returns and acquitted him of conspiracy and a false claim, per the Orlando Sentinel and AP.
  • On April 24, 2008, Judge William Terrell Hodges sentenced Snipes to three years, the maximum for the three counts, the Orlando Sentinel reported.
  • The Eleventh Circuit affirmed the convictions on July 16, 2010, and CNN reported the Supreme Court declined his appeal on June 6, 2011.
  • The Eleventh Circuit opinion says Snipes earned more than $37 million gross from 1999 to 2004 and filed no individual returns for those years.
  • Snipes says his advisers misled him and that he was never a tax protester, per his December 2010 CNN interview.

A federal jury in Ocala, Florida, convicted Wesley Snipes on Feb. 1, 2008 of three misdemeanor counts of willfully failing to file federal income tax returns, the Orlando Sentinel reported. The same jury acquitted him of conspiracy and of filing a false claim, AP reported. On April 24, 2008, Senior U.S. District Judge William Terrell Hodges gave him three years, the maximum available.

What the Internal Revenue Service said he owed

The Eleventh Circuit, a federal appeals court, laid out the record in its July 16, 2010 opinion. Snipes had filed returns for 1993 through 1998, an IRS witness testified at trial. He filed none for 1999 through 2004, a period in which the court says he earned more than $37 million in gross income.

The court says the criminal investigation began after the agency received an altered Form 1040X in April 2001 demanding a refund of over $7 million for 1997. At sentencing, prosecutors said his tax debt for 1999 through 2004 would "conservatively" exceed $20 million, the Orlando Sentinel reported. The paper said the final bill, with penalties and interest, could total $20 million.

By the numbers

  • 4y 8mfrom first to latest entry on recordOct 2006 to Jun 2011, 5 dated entries in the file
  • 9receipts behind this story8 news reports, 1 court order, 2008 to 2013

Counted by MrScandal from the receipts, the Files and our rankings.

His account

Snipes' lawyers argued he was a victim of bad financial advice who truly believed he owed nothing, AP reported. In a December 2010 interview on CNN's Larry King Live, Snipes said: "I was never charged with tax evasion. I've never been a tax protester." Prosecutors, CNN reported, said he had been involved in a tax resisters group. Snipes disputed that and blamed his advisers.

Juror Frank Tuttle gave Larry King Live a written statement saying the verdict was a compromise between jurors who thought Snipes guilty and those who did not. Snipes' attorney Daniel Meachum said the defense had no part in preparing that statement, CNN reported.

Sentencing day

Snipes apologized in court. "I am very sorry for my mistakes or my errors," he said, per WESH. The judge noted that Snipes "never mentioned the words tax or taxes in his apology." The Orlando Sentinel reported that the omission drew criticism from prosecutors as well.

"There's nothing unusual about prosecuting a celebrity,"

Judge William Hodges, in court on April 24, 2008, as reported by WESH

Defense lawyers handed over three checks totaling $5 million in restitution, a portion of the debt, WESH reported. Assistant U.S. Attorney M. Scotland Morris called the gesture grandstanding and said, "It'll be a fraction of what he owes." Mr Scandal notes that the judge still imposed three consecutive one-year terms, per AP.

A $5 million cheque, presented after the sentence was read, is a very specific kind of timing.

Appeals, prison and the back taxes

The Eleventh Circuit affirmed the convictions in all respects on July 16, 2010. Snipes reported to the McKean federal prison in Pennsylvania on Dec. 9, 2010, CNN reported. The Supreme Court declined to hear his appeal over trial venue on June 6, 2011, in an order that came without comment, per CNN.

TMZ reported, citing the Federal Bureau of Prisons, that he was released on April 2, 2013 and moved to home confinement ending July 19. On the money, AP reported prosecutors said he owed $2.7 million on $13.8 million of income from 1999 to 2001 alone. Snipes told CNN he believed he was "fully compliant with what was owed" and has claimed he paid his back taxes. No settlement or final payment figure appears in the documents read.

Quick quiz · 3 questions

  1. On the record or still rumour?A federal jury convicted Snipes of three misdemeanor failure-to-file counts; a judge imposed the three-year maximum and the Eleventh Circuit affirmed.
  2. On the record or still rumour?The final back-tax total: prosecutors projected more than $20M at sentencing, Snipes says he is compliant, and no settlement terms appear in the documents read.
  3. Which year?The Eleventh Circuit affirmed Snipes' convictions and the district court's rulings in all respects

More games on the record: Price Tag · Timeline

The Wesley Snipes file

Last entry Jun 6, 2011
  1. Ruled

    The Supreme Court declined to hear Snipes' appeal over trial venue, per CNN. This story

  2. Ruled

    The Eleventh Circuit affirmed Snipes' convictions and the district court's rulings in all respects. This story

  3. Ruled

    Judge William Terrell Hodges sentenced Snipes to three years in prison, the maximum for the three counts, per the Orlando Sentinel. This story

  4. Ruled

    A jury convicted Snipes of three misdemeanor failure-to-file counts and acquitted him of conspiracy and a false claim, per AP. This story

  5. Filed

    A grand jury returned a superseding indictment charging Snipes with conspiracy, a false claim and six counts of failing to file returns, per the Eleventh Circuit. This story

The Ledger

On the record

  • A federal jury convicted Snipes of three misdemeanor failure-to-file counts; a judge imposed the three-year maximum and the Eleventh Circuit affirmed.
  • The Supreme Court declined his appeal on June 6, 2011, per CNN.

Still rumour

  • The final back-tax total: prosecutors projected more than $20M at sentencing, Snipes says he is compliant, and no settlement terms appear in the documents read.
  • Whether the IRS ever collected the full amount is not confirmed in the documents read.

That's the record. The rest is rumour. - Mr Scandal

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