Irwin Schiff’s appeal is currently being considered by the Federal 9th Circuit Court of Appeals in San Francisco. After eight long years in prison, it’s time for him to get out. You can make your voice heard by sending a letter to the judges of the 9th Circuit reminding them of an important element in this case which unfortunately did not get its proper emphasis in his current appeal.
Please act quickly as time for their deliberations is running out. See the sample text below. However, feel free to personalize the note in any way you like. Letters should quote the reference US versus Schiff et al, Docket Number 12-17712.
The Clerk of the Court
U.S. Court of Appeals for the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94119-3939
To the Justices of the 9th Circuit Court of Appeals,
I have been following closely the 2255 appeal proceedings in from of your court (U.S versus Schiff et al, Docket Number 12-17712). There are aspects of this case which trouble me deeply.
In its April 19th brief to the 9th Circuit in this proceeding, the government attorney admitted that at Mr. Schiff’s original trial in 2005, the prosecution did not attempt to specifically refute Schiff’s understanding of the Pollack and Merchants Loan and Trust Supreme Court decisions, which Schiff repeatedly stated formed the basis upon which he filed his “zero income tax returns.” In order to prove that he was being “false and fraudulent,” did not the prosecution need to prove his understanding of those decisions were wrong? Without such proof, how could Schiff be found guilty of knowingly filing false documents? Since the fraud convictions account for the vast majority of his 14 year prison sentence, the Court has the chance to correct this error by finding in favor of his 2255 motion and ordering his immediate release. Society is not being served by keeping an innocent, non-violent, 85 year old man in prison.