Following up on my recent posts (here and here), the federal district court in Ocala, Florida has granted Wesley Snipes' motion seeking permission to travel to Nambia from April 5 to April 29 (to film the movie Gallowwalker) and to Italy from May 4 to August 15 (to film the movie Game of Death) while the appeal of his conviction on three misdemeanor tax fraud counts is pending in the Eleventh Circuit. United States v. Snipes, No. 5:06-cr-22 (M.D. FL Mar. 31, 2009):
While it does appear that on two occasions Defendant Snipes exceeded his travel conditions as set forth in his terms and conditions of release and the Court’s July 2, 2008 Order, it is also true as pointed out in Defendant Snipes’ moving papers that he has never failed to appear at the many proceedings in this case where his presence was required. The purpose of bail is to ensure that a defendant appears when required, and it is clear, at least to date, that the current bail amount and existing terms and conditions of Defendant Snipes’ release are sufficient to ensure his appearance.
However, the United States correctly points out that there is a heightened level of concern in this case should the Court of Appeals affirm Defendant Snipes’ conviction and sentence while he is out of the country. In such a case, Defendant Snipes would have an additional incentive not to return to the United States to serve his sentence. And on the civil side, the Government would be handicapped in its pursuit of collections of Defendant Snipes’ alleged income tax deficiencies.
Accordingly, upon due consideration, Defendant Snipes’ Motion for Limited Travel for Work Obligations (Doc. 509) is GRANTED, and Defendant Snipes shall be authorized to travel to Namibia, Africa, from April 5, 2009 through April 29, 2009 and to London, England from May 4, 2009 through August 15, 2009 provided, however, that his conditions of release are hereby modified to require that Defendant Snipes fully cooperate with the Internal Revenue Service and disclose contemporaneously upon request any and all contractual and related documents concerning the business purpose of his travel, the anticipated revenue streams from the two films, the source of the revenue from these films, and the time, manner, and place Defendant Snipes, his assignee(s), if any, and any entity in which Defendant Snipes has any interest, expects to derive revenue in any form, present or future. In the event Defendant Snipes undertakes the requested travel set forth in this motion, he will be deemed to have accepted and consented to these modifications of his conditions of release without further notice or hearing. These modifications are in addition to, and do not amend or terminate any reporting requirements currently in existence and/or that may be made in the future by the Pretrial Services Officer assigned to this case.
Although the Court is granting Defendant Snipes’ current motion to travel, the Court is in no way discounting his prior violations of his conditions of release and travel restrictions. Any further violations of Defendant Snipes’ conditions of release reported to the Court by the Defendant’s supervising Pretrial Services Officer, whether such violations are deliberate, unintentional, or based on the advice of counsel, will result in the immediate issuance of a warrant of detention pending a hearing pursuant to 18 U.S.C. § 3143 and Fed. R. Crim. P. 46. The Pretrial Services Officer is directed to immediately notify the Court, in writing, of any violations of Defendant Snipes’ conditions of release, including any conditions created to accommodate the travel permitted by this Order.
