
Political consultant Doug Guetzloe, founder of the Ax the Tax movement, has until Sept. 4 to report to a federal prison in Atlanta. (Photo by Michael Freeman).
Special to Central Florida Politics by Michael Freeman
ORLANDO – Political consultant Doug Guetzloe, the founder of the Ax the Tax grassroots political organization, has filed an appeal of his conviction on federal tax charges that left him facing a 15-month sentence in federal prison.
The appeal was filed on Monday with the U.S. Court of Appeals for the 11th Circuit, Middle District of Florida, in the case known as The United States of America versus Douglas Guetzloe. He is requesting a new trial based on what his attorneys say were errors made in the first one.
That included violating Guetzloe’s Sixth Amendment right to a fair and impartial jury, the appeal claims.
The appeal was filed by Federal Defender Donna Lee Elm of Orlando and Assistant Federal Defender Craig L. Crawford on Guetzloe’s behalf, and argues that his rights were denied last May when he was tried in federal court on tax filing charges.
Last May, a federal judge handed him a sentence of 15 months in federal prison on two misdemeanor tax filing charges. The District Court allowed Guetzloe to surrender to a federal prison chosen by the U.S. Bureau of Prisons, and he was recently ordered to report to the United States Penitentiary in Atlanta’s Satellite Camp on Tuesday, Sept. 4.
The USP-Atlanta houses medium security male inmates and has a detention center for pre-trial and holdover inmates, as well as a satellite camp for minimum security male inmates.
The USP is located in southeast Atlanta.
On Friday, the report date dissolved by the court until further notice, and a status conference will be held on Monday, Sept. 4 to review his appeal.
Guetzloe had been hoping to avoid prison altogether, by appealing his conviction.
Last February, Guetzloe was tried in U.S. District Court, Middle District of Florida. The government had filed the case in the summer of 2011, charging the Orlando resident with two misdemeanor counts of failing to file tax returns in 2005 and 2006. In February, a 12-member jury found Guetzloe guilty on both misdemeanor counts of willful failure to file tax returns.
Federal prosecutors had claimed the political consultant had failed to file returns on almost $187,000 in income in 2005, and more than $188,000 in 2006.
On May 21, Guetzloe was given a sentence of 15 months in federal prison – 12 months on count one and three months on count two — followed by a year of supervised probation. On June 4, Guetzloe filed a notice of appeal.
At the time of his sentencing, Guetzloe had said “Everyone told me jail time was very slim.”
The appeal asks the courts to consider whether the District Court “abused its discretion in this case.” The legal document states that prior to the trial, Guetzloe and his legal team had filed a joint request with the government for various questions to be asked of prospective jurors, including whether they understood that in a criminal case, the burden is on the prosecution to prove the defendant guilt beyond a reasonable doubt, and that a defendant does not have to prove his innocence.
During jury selection, the appeal notes, the District Court did not ask these questions.
Guetzloe had also wanted to ask questions about the Internal Revenue Service, which the judge ruled were not necessary.
The appeal also states that while Guetzloe filed his tax returns late, he always paid his taxes – an argument that the District Court ignored.
“Despite filing most of these returns late, each time the tax return was filed, Mr. Guetzloe paid the required taxes, interest and penalties,” the appeal notes. “Throughout trial, Mr. Guetzloe did not contest the fact that he failed to file his indivual tax returns for tax years 2005 and 2006. Rather, Mr. Gueztloe argued that the offenses were not done willfully. The District Court denied Mr. Guetzloe’s motion for a judgment of acquittal on whether he acted willfully.”
In addition to being a political consultant, Guetzloe runs a radio station and news-based Internet site, The Phoenix Network, in Orlando. The future of that network, if he does go to federal prison, is an open question.
The Phoenix Network broadcasts live over the Internet, through a host Web site, www.PhoenixNetwork.US. From his office in Hovey Court on Delaney Avenue in downtown Orlando, Guetzloe is the host of The Guetzloe Report, an hour-long radio program that’s broadcast daily at 11 a.m.
Guetzloe had earlier expressed a sense of frustration about the sentence, since the prosecution had made a reference to his political activities with Ax the Tax when the sentencing recommendation was being made.
“It was not very long before the prosecution made it clear they were there because of Ax the Tax, when he said that ‘Doug Guetzloe has been trying to ax his taxes,’ ” Guetzloe said last May. “Forty percent of Americans fail to file their taxes on time, and they’re all subject to possible criminal prosecution. But there have been only three cases in this district where someone was prosecuted for this, me included, and that goes back the last three or four years.”
Guetzloe said this case wasn’t about failure to pay his taxes, but failure to file the paperwork with the IRS.
“This wasn’t about paying taxes,” he said. “I had already paid my taxes into the system.”
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