Jerry Lee Harvey - Page 13




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          violation of the plea/cooperation agreement which was agreed to              
          in Mobile, Alabama.                                                          
               During the litigation of petitioner's criminal tax charges              
          in Florida, the District Court for the Southern District of                  
          Florida held that petitioner was given both use and transactional            
          immunity in his 1980 informal, unwritten, agreement with the                 
          Government, and the indictment charging criminal tax violations              
          was dismissed.  See United States v. Harvey, 651 F. Supp. 894                
          (S.D. Fla. 1986).  A divided panel of the Court of Appeals for               
          the Eleventh Circuit affirmed.  See United States v. Harvey, 848             
          F.2d 1547 (11th Cir. 1988).  Subsequently, the Court of Appeals              
          decided to rehear the case en banc and vacated the panel opinion.            
          See United States v. Harvey, 855 F.2d 1492 (11th Cir. 1988).  The            
          Court of Appeals then held that even though petitioner was given             
          use and transactional immunity in September 1980, the immunity               
          grant did not prohibit prosecution for criminal tax violations               
          allegedly committed in the years following the grant of immunity.            
          See United States v. Harvey, 869 F.2d 1439 (11th Cir. 1989) (en              
          banc).  Petitioner was convicted of violating section 7201 for               
          his 1981 taxable year.                                                       
          Petitioner's Arrest in St. Louis, Missouri                                   
               On December 18, 1986, petitioner was arrested at an airport             
          in St. Louis, Missouri, by the CID of the IRS.  The arrest was               
          pursuant to a December 8, 1986, indictment by a Federal grand                





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