Information > Hovinds Legal Battles:

Kent Hovind's legal battles:

Hovind's views on government, the united States Constitution, income tax, private property, and a number of other items have often made him a subject of attack. Hovind has been accused of alleged assault and battery, declaring false bankruptcy, alleging threats against federal officials, alleged filling of false complaints, failing to get necessary building permits, and various tax-related charges. In 2002, he was charged with one count of felony assault, one count of misdemeanor battery, and one count of burglary with assault/battery. The charges were later dropped by the alleged victim, Hovind's secretary.

On September 13, 2002, Hovind was charged for failure to observe county zoning regulations with respect to Dinosaur Adventure Land. Despite arguments that the owners did not need a permit due to the nature of the building, the park was found in violation of local ordinances. On June 5, 2006, Hovind pled nolo contendere as charged to three counts: constructing a building without a permit, refusing to sign a citation (Case # 2001 MM 023489 A) and violating the county building code (Case # 2002 MM 026670 A). Hovind was ordered to pay $225.00 per count. The plea brought an end to the 5-year criminal (misdemeanor) court battle over a $50.00 building permit. The 4-year civil court battle with the county remains open (Case # 2002 CA 000149) Hovind estimates he spent $40,000 in legal expenses on the case. On June 19, 2006, the delinquent 2003-2005 property taxes / penalties for Dinosaur Adventure Land were paid in an amount of $10,402.64.
Do you believe 100 or 200 years ago, anyone ever dreamed of having to get a permit to do anything on their own property? The thought would have been laughable! What has happened to America? Most people can't put up a fence, build a patio or even cut down a tree without paying for a permit.

As Thomas Jefferson once said; "if the American people ever allow private banks to control the issue of their money, first by inflation and then by deflation, the banks and corporations that will grow up around them will deprive the people of their property until their children will wakeup homeless on the continent their fathers conquered."
Hovind's ministry is not an internal revenue code 501(c)(3) organization. In 1996, Hovind unsuccessfully filed for bankruptcy. The court claimed that he lied about his possessions and income. Hovind pleaded that as a minister of God everything he owns belonged to God and he should not be forced to pay illegal taxes to the United States on the money he received for doing God's work citing US tax code §508(c)(1)(a). The court ordered him to pay the money and upheld the IRS determination that Hovind's claim "was filed in bad faith for the sole purpose of avoiding payment of federal income taxes." In the ruling, the judge called Hovind's arguments "patently absurd". The judge also noted that "the IRS has no record of the debtor ever having filed a federal income tax return", although this was not the court's reason for denying the bankruptcy claim.

On May 13, 1998, Hovind and his wife filled a document called "Power of Attorney and Revocation of Signature" with the Escambia County Clerk of Courts. The document reads, in part: "I/we do hereby revoke and make void... all signatures on any instruments...". The Hovinds said they had signed government documents "due to the use of various elements of fraud and misrepresentations, duress, coercion, under perjury, mistake, 'bankruptcy'."
In the document, the Hovinds argue that Social Security is a ponzi scheme and is not mandatory. The Hovinds described the United States Government as a "bankrupt corporate government", and said they were renouncing their United States citizenship and Social Security numbers.

In 2002 Hovind unsuccessfully sued the IRS for harassment. In 2004, IRS agents raided Hovind's home and business to confiscate financial records. IRS agent Scott Schneider said Hovind's businesses did not have a proper business license, nor tax-exempt status. The Associated Press quoted Schneider as saying "Since 1997, Hovind has engaged in financial transactions indicating sources of income and has made deposits to bank accounts well in excess of $1 million per year during some of these years, which would require the filing of federal income taxes." On June 3, 2004, the IRS issued tax liens of $504,957.24 against Hovind, his son and their ministry due to previous legal matters and accusations.

On July 7, 2006, the United States Tax Court (Docket number 011894-05L) found that Hovind was deficient in paying his federal income taxes in tax years 1995-97 in the amount of $504,957.24. The Tax Court found that the IRS had a valid lien on Hovind's property in that amount. The IRS is currently levying against Hovind's property to satisfy his unpaid tax liabilities. In the Memorandum Opinion the judge noted that Hovind's "organizational structure . . . was based on various questionable trust documents purchased from Glen Stoll, an alleged promoter of tax avoidance schemes." The judge also said that, Hovind's defense was based on "bizarre arguments" and "some of which constitute tax protestor arguments involving excise taxes and the alleged '100% voluntary' nature of the income tax."
As Dwight E. Avis, former head of the Alcohol and Tobacco Tax Division of the IRS, said testifying before a House Ways and Means subcommittee in 1953; "Let me point this out now. Your income tax is 100 percent voluntary tax, and your liquor tax is 100 percent enforced tax. Now, the situation is as different as night and day. Consequently, your same rules just will not apply"
On July 11, 2006, Hovind was charged in the United States District Court for the Northern District of Florida in Pensacola with twelve counts of willful failure to collect, account for, and pay over Federal income taxes and FICA taxes under 26 U.S.C. § 7202, which states that "Any person required under this title to collect, account for, and pay over any tax imposed by this title who willfully fails to collect or truthfully account for and pay over such tax shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution."
To better understand the income tax and future of America, it is highly recommended that you view the video America: Freedom to Fascism by Aaron Russo. In the film Russo interviews former IRS agents, jurors, lawyers and others to prove the illegality of the federal income tax and "federal" reserve.
Hovind was also charged with forty-five counts of knowingly structuring transactions in Federally-insured financial institutions to evade the reporting requirements of 31 U.S.C.§ 5313(a), in violation of 31 U.S.C. § 5324, 18 U.S.C. § 2, 31 C.F.R. sec. 103.11, and one count of corruptly endeavoring to obstruct and impede the administration of the internal revenue laws under 26 U.S.C. § 7212. The withdrawals, totaling $430,500, were placed in 2001 and 2002.
Please note that Hovind did not break the law. He was charged with "structuring" his financial withdrawals in such a way as to "evade" the law requiring reporting of transactions of over $10,000.
Suppose you were pulled over for going 55 miles and hour in a 55 zone. The officer says, "I have clocked you everyday for a month going 55, so I am stopping you for speeding. I know you were purposely going 55 to avoid going over the speed limit. So since you were "structuring" your driving habits to deliberately "evade" the speeding regulations, I am going to give you a ticket."
What has our country come to?
The government charged that Hovind falsely listed the IRS as his only creditor in his bankruptcy, filed a false and frivolous lawsuit against the IRS in which he demanded damages for criminal trespass, made threats of harm to those investigating him and to those who might consider cooperating with the investigation, filed a false complaint against IRS agents investigating him, filed a false criminal complaint against IRS special agents (criminal investigators), and destroyed records.

After the indictment, Hovind maintained his innocence. "I still don't understand what I'm being charged for and who is charging me," he said. Judge Davis replied that the government adequately explained the allegations and the defendant understands the charges "whether you want to admit it or not." An October 17th trial date (originally September 5th) was set for Kent Hovind and his co-defendant wife, Jo, who faces 44 charges. With his attorney, Public Defender Kafahni Nkrumah, Hovind stated that he did not recognize the government's right to try him on tax-fraud charges. At first he attempted to enter a plea of "subornation of false muster," but then entered a not guilty plea "under duress" when the judge offered to enter a plea for him.

At the time of the arrest, Magistrate Davis "went over Kent Hovind's arguments, ... confiscated his passport and his firearms following a search of his residence. " Hovind argued that he needed his passport to continue his evangelism work. He said he had planned a ministry trip to South Africa the following month. But Davis sided with Assistant U.S. Attorney Michelle Heldmyer, who argued that "like-minded people" might secret Hovind away if he left the country.

In relation to the guns, Davis said "ownership was not the issue." Reports of weapons in Hovind home were confiscated for fear that "the arrest of the defendants in this case could pose some danger to agents." More than a half-dozen firearms were seized at the Hovind's home.
What has happened to the second amendment? The founding fathers knew that the preservation of liberty in America would be dependent on citzens owning firearms to defend themselves and their country from invaders - foreign or domestic.
Also, during an IRS raid at the home, agents confiscated cash amounting to $42,000.
At the time of the indictment, the Hovind's defense said that although around 30 people worked for the ministry, all of whom received remuneration in cash, none of them were employees. According to Hovind, "Nobody's an employee, and they all know that when they come. They come, they work ... The laborer is worthy of his hire -- we try to take the purely scriptural approach. We do the best we can with helping people with their family needs. There are no employees here."
Hovind was referring to biblical principles that our country was founded on. Two hundred years ago a man could be paid by barter or any arrangement made between the parties. What has happened to America?
On October 21, 2006, the trial (case # 3:06cr83/MCR) began in which Hovind hoped to persuade the jury that he was innocent of any criminal charges. After the first week of testimony the trial was postponed due to a defense lawyer's illness. Former and current workers, IRS agents, a bank employee, and a lawyer of a non-profit Christian organization testified in the trial. Workers testified that they did punch time cards, received vacation and sick days; while others testified against Hovind claiming he boasted that he could "beat" the tax system. Only the local Pensacola paper covered the trail.

The trial concluded on November 1st with the defense deciding not to present a case. After closing arguments were presented on November 2nd, the jury deliberated three hours before finding the Hovinds guilty on all counts. The Pensacola News Journal noted, "The saddest thing: Had they cooperated with the agents, they probably wouldn't be worrying about prison sentences now."

Further Reading:


Special thanks to "Alaina" for helping with this page, and the WikiPedia article on Kent Hovind for providing the basis of much of the information presented here!
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