Sunday, August 19, 2012

12-08-19 Your 'Government' At Work: Marchellettas' Motion to Dismiss the Indictment with Prejudice for Outrageous Government Misconduct [4 Attachments] _Bernoff

Hello Everyone, 

If one wants to understand clearly where you stand in the larger scheme of things in relation to your government then this case is the perfect study of what can happen. You don't neccesarily have to be a criminal to find yourself  on the wrong end of an indictment. The government sans, an IRS agent, who by herself was nothing special, used an American business family to advance her career by fabricating a case against innocent people.The sad part is, that if you didn't have the money, which most people don't, to disassemble the case and discover the lies, you would be serving several years in a penitentary for crimes you did not commit.Please take time if you can and read the misconduct articulated in the memorandum to understand the injustice committed in your name by your government. If you are as disturbed as I was then pass this on to your friends. 


From: Robert G. Bernhoft
Subject: Marchellettas' Motion to Dismiss the Indictment with Prejudice for Outrageous Government Misconduct

Attached below is our motion to dismiss the indictment with prejudice in our Marchelletta Atlanta case.  I did not defend their case at the trial in 2007, but was brought in for sentencing consultation and appeal in early 2008.  We got them bond pending appeal, then after two years of appellate litigation, including a rehearing the 11th Circuit granted in October of 2010, the 11th Circuit Court of Appeals threw out all the convictions two days before Christmas on December 22, 2010.  (The Marchellettas were in the middle of their company Christmas party when I called them to advise the 11th Circuit had thrown out all the convictions . . . that was really something).

The government's been posturing for a retrial ever since, and when the judge saw the parties' Joint Status Report on August 1st – which included our intention to file a motion to dismiss the indictment for outrageous government misconduct, our contemplated motion to continue the September 24th trial date, and or statement that the government still hadn't complied with discovery after 3 and 1/2 years – the judge took action this past Thursday, the 2nd, and ordered us to file the whole tamale by this past Monday at High Noon, giving the government only 48 hours to respond (by Noon today).

The government has spent untold millions of dollars persecuting the Marchellettas for over twelve years, and now the IRS and the U.S. Attorney's Office for the Northern District of Georgia want to retry the case.  The perversity of that position is stunning, given the unconscionable misconduct during the investigation, indictment, and prosecution of the case – going back to 2000 – and the serial misconduct continues to this very day.

Please circulate far and wide if you will, because my clients want everyone to know what has happened to them at the hands of the IRS and a corrupt U.S. Attorney's Office over the past twelve years.  Perhaps you might even email your entire list with this brief introduction and the attached filings.  People really need to see what's going on.

Thank you, and

Best regards,

Robert G. Bernhoft, Esquire
The Bernhoft Law Firm, S.C.
1220 Colorado Street, Suite 440
Austin, Texas 78701

1901 Avenue of the Stars
2nd Floor
Los Angeles, California 90067

(512) 582-2100 telephone
(512) 373-3159 facsimile
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003_RGB Decl.pdf003_RGB Decl.pdf
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