- 13 - 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 grandPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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