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March 24 - Afternoon session


1 A F T E R N O O N S E S S I O N.

2 THE COURT: Please be seated, members of the jury.
3 . Please give your attention to the attorney for
4 John Reffsin, Mr. Wallenstein.
5 MR. WALLENSTEIN: Good afternoon. I will try to
6 keep you all awake after lunch.
7 You know, there's a couple of things that the
government didn't tell you about this case and Mr. White
9 is wrong about one thing, we do agree on a couple points
10 but he said we didn't agree on any. One of the things he
11 didn't tell you until the very end of his three hours and
12 some-odd minutes of summation he has to prove guilt beyond
13 a reasonable doubt. Those are four very important words. 14 You heard them in the beginning of this trial,
15 you'll hear them from me, I dare say you will hear them
16 from all of my colleagues when they get up and follow me,
17 and you will hear them from Judge Spatt more than once.
18 Every element of every crime charged in this indictment
19 and there are 69 counts in this indictment, every element
20 of every crime charged in this indictment has to be proven
21 to your unanimous satisfaction beyond a reasonable doubt
22 by the government. Not by me, not by Mr. Trabulus,
23 Mr. Jenks, Mr. Schoer, Mr. Nelson, Mr. Lee, Mr. Dunn,
24 Mr. Neville, Mr. Geduldig, not one of us has to prove a 25 single solitary thing. None of us has to do anything in


1 this trial except show up. I do not have to give you this 2 summation, none of them have to speak after me. We can 3 simply sit here and say by pleading not guilty, we've said
4 we didn't do it, it's the government's burden throughout
5 this trial to prove guilt beyond a reasonable doubt. Bear
6 that in mind throughout the summations, the charge and all
7 the way through your deliberations. You cannot, you
cannot on your oaths as jurors convict any defendant of
9 any crime unless all of you are convinced beyond a
10 reasonable doubt of guilt and convinced by the
11 government's proof. 12 Now, I say that specifically because my client 13 testified and I called two other witnesses, I called Jack 14 Hall and I called Vincent Rizino. I didn't have to do 15 that, I didn't have to put any case at all and Marty 16 Reffsin certainly didn't have to say anything to any of 17 you, but the fact that we chose to do so does not in any 18 way shift the burden from the government. I don't have to 19 prove that Marty Reffsin is innocent, he is presumed to be 20 innocent. He does not have to convince you by any 21 standard of proof that he did not commit the crimes he's 22 charged with, despite the fact that he testified, he 23 doesn't have to convince you of a thing. The government 24 has to convince you that he's guilty beyond a reasonable 25 doubt of every element of every crime that he is charged


1 with. 2 He's charged with obstruction of justice, one 3 count, because there are two counts in the indictment.
4 He's charged with acting along with Bruce Gordon with
5 aiding and abetting Bruce Gordon and the two of them are
6 charged, I give up with the numbers in the indictment, but
7 charged with one count for obstructing justify for putting
those phony logs in front of the bankruptcy court. I'll
9 deal with all of those things later.
10 There's a second count of obstruction that
11 Mr. Reffsin is not involved in. But he's charged with tax 12 evasion. He's charged with assisting in the filing of 13 false tax returns, three or four counts, if that, and he's 14 charged with conspiracy, conspiracy to impede the Internal 15 Revenue Service in the collection of Bruce Gordon's taxes. 16 What is this case really about? This case, the 17 tax case and the mail fraud case for that matter are about 18 greed. The case is about vanity, it's a bout narcism, it's 19 about Bruce Gordon living the high life at the expense of 20 everyone around him. As a result of Bruce Gordon's vanity 21 and greed, these people are on trial here, Reffsin, all of 22 the salespeople are on trial here because Bruce Gordon 23 lied to everybody from day one. 24 I agree with Mr. White about that. I obviously 25 don't agree with Mr. White about Mr. Reffsin's role in all


1 of this and I'll tell you why. But the fact is that Marty 2 Reffsin relied on his client to provide him with accurate 3 and complete information and to tell him the truth. Why
4 would a man lie to his accountant? The accountant is the
5 guy that can help him. The accountant is the guy that
6 will minimize legally his tax liability, the accountant
7 will be the guy that doeshis books. Why would you lie to
your accountant? Having heard all the evidence in this
9 case you heard why now, but he didn't know then.

10 In 1998 every one ever us in this room has 20-20
11 hindsight. In 1992 and 1993 and 1994, nobody knew --

12 well, not nobody, but Marty Reffsin didn't know.

13 Let's talk about some of the specific charges and 14 why the government has not proven guilt beyond a 15 reasonable doubt of all the elements of all the crimes

16 charged, and on that note Judge Spatt will instruct you

17 further on Thursday, if a crime has three or four or five

18 elements and the government convinces you of four out of

19 those five elements, that's not enough. You have to be

20 convinced of every element of the crime or you must acquit 21 the defendant, that's the law, that's what the Judge will

22 tell you and that's what you must follow.
23 The government says that Reffsin and Gordon 24 conspired to defraud the IRS. The government says that
25 because Marty Reffsin was Bruce Gordon's accountant for


1 years and years, that therefore he knew and therefore he's 2 just as involved as Bruce Gordon. And that I think 3 ignores the fact that Gordon didn't care what Reffsin
4 thought and didn't ask Reffsin's advice in advance.

5 Gordon did what Gordon wanted to do when Gordon wanted to

6 do it and how Gordon wanted to do it. And anybody who

7 worked for Gordon or who was an outside professional
employed by Gordon, wound up in the same boat, they did
9 what Gordon wanted them to do or they didn't work for

10 Gordon and they did it the way Gordon wanted it because
11 Gordon tailored the facts. Gordon told them what they

12 want to hear.

13 How do we know that? We heard it from the 14 witnesses here, we heard it from Marty Reffsin's own mouth 15 that Gordon told him of the things after the fact. Never 16 came to him in advance and said, Marty, what shall I do 17 now? He came to him and said, yeah, Marty, I did it, 18 clean up my mess. We know that's true because Debbie 19 Benjamin told us that that's what happened with Phil Peers 20 and Mr. White touched on that in morning. 21 Debbie Benjamin you will remember sent some 22 documents to Phil Peers, the attorney and lawyers don't 23 remember my business, I run my business, that's how he was 24 with Reffsin, that's how he was with every one of these 25 people. He ran it, he did what he wanted to do, he told


1 you what you thought you ought to know.

2 There is no evidence in this case that Marty 3 Reffsin had anything whatsoever to do with Bruce Gordon's
4 life-style. There is no evidence that Marty Reffsin knew
5 where Bruce Gordon was living let alone how he was
6 living. There is no evidence in this case that Marty
7 Reffsin ever was in Bruce Gordon's home, and the evidence
is to the contrary and the only evidence is from
9 Mr. Reffsin, of course.
10 Mr. White says that this whole case is about the
11 scheme to keep the IRS from getting the money that Bruce 12 Gordon owed them and to a certain extent he's right. But 13 the fact is that Bruce Gordon's tax liability to the IRS, 14 that 3 and-a-half million we talked about was just that, 15 Bruce Gordon's tax liability. It wasn't Marty Reffsin's 16 tax liability, it wasnt anyone else's liability except 17 Bruce Gordon's. He's the only one who had the problem

18 with the Internal Revenue Service and Mr. White is right. 19 Mr. Gordon had 3 and-a-half million reasons not to pay the 20 IRS. But there's not one reason in this case, there's not 21 one single shred of evidence that points to a motive for 22 Marty Reffsin to put his license, 20 years of practice and 23 his family and freedom on the line for Bruce Gordon. That 24 just doesn't make any sense. 25 For a couple of thousand in accounting fees, he's


1 owed money, you heard that. Will he risk his entire 2 career and freedom so that Bruce Gordon can get out from 3 under a three and-a-half million liability? I don't think
4 so and I don't think you think so either.
5 When Mr. White spoke this morning for about the
6 first hour and-a-half of his summation he spoke about the
7 tax case, but when you analyze what he said Mr. Reffsin is
an add-on. Mr. Reffsin is the afterthought because
9 everything that Mr. White said points to Bruce Gordon,
10 whether or not Gordon intended to defraud the IRS makes no
11 difference, whether there was a crime or wasn't a crime 12 Reffsin wasn't involved in it except to the extent he 13 prepared some returns, some documents. His people 14 balanced some books, did bank reconciliations. 15 Let's talk about the conspiracy now. The count 16 in the indictment charges that Gordon and Reffsin 17 conspired to impede the Internal Revenue Service, and the 18 Judge will read the entire count to you tomorrow and 19 explain all the terms to you, but basically it came down 20 to they got together, they made an agreement and in that 21 agreement they decided that they were going to beat the 22 IRS out of the money that Gordon owed to the IRS, and 23 there's no dispute but that Gordon owed the money to the 24 IRS, that's clear. 25 In order for there to be a conspiracy, though,


1 there has to be an agreement. There has to be a conscious 2 sharing of an intent to defeat the IRS. Reffsin must, 3 even if Gordon does intend to beat the IRS and I'll leave
4 Mr. Gordon's defense to Mr. Trabulus, but even if Gordon
5 intends to beat the IRS, if he doesn't have an agreement
6 with Reffsin, if Reffsin doesn't share that intent, then
7 there's no conspiracy and you can't find either of them
9 The government has to prove beyond a reasonable
10 doubt that Mr. Reffsin knowingly and willingly became a
11 member of a conspiracy to defraud the Internal Revenue 12 Service. 13 Now, everybody hates the IRS with the possible 14 exception of Mr. Jordan who works for them and that's not 15 a reflection on him. Nobody likes the IRS, those are the 16 last words you want to hear when that knock comes to the 17 door, hi, I'm from the IRS -- oh, no, I'm not home. 18 Because the IRS only wants one thing from you, they want 19 from you, just like they wanted from Mr. Gordon, just like 20 they want from Mr. Reffsin, just like they want from 21 everybody else, they want your money, the money that you 22 worked so hard to earn, they want it. And what do you get 23 in return? In return they get to send foreign aid to 24 Bosnia, things like that. None of us want to pay taxes, 25 all of us realize we have to and most of us are willing to


1 pay our fair share but the IRS wants your last dollar.

To continue this fascinating testimony and undercurrents of the power game,
here the Mar 24th PM transcript here

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Dirtiest Trials Of The Decade   - this disgusting example of jurisprudence gone bad,
The Tragic Crushing of Who's Who Worldwide Registry

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