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U.S. Attorney Reply to Dr. Dean's Request
for Documents
U.S. Department of Justice
Gregory R. Miller
United States Attorney
Northern District of Florida
Dear Dr. Dean:
The purpose of this letter is to respond to two letters which I received from you today; the first dated July 7, 2003, forwarded by United States Mail and the second is dated July 8, 2003, which you hand delivered. As part of my response, I adopt those matters as set out in my letters dated Apri1 30, 2003, May 21, 2003, and June 2, 2003. As I reminded you when you appeared in the office today, I strongly suggest that you retain the services of an attorney to represent you in these matters. Each time you contact me without representation can result in serious consequences to you. As I pointed out to you some time ago, anything you say or do can and will be used against you. This includes all public statements or representations of whatever nature. You certainly have a right to represent yourself but I again tell you that such a decision is dangerous. These matters are quite serious and can lead to your incarceration. Please do not contact me directly. If you do, it is probable that I will not respond.
Given the content of you letter of July 7, 2003, I also must remind you that the grand jury investigation is not a game. Thus, your suggestion that you do not know whether I am who I say I am and your need to see my oath of office has little or nothing to do with whether you must respond to the lawfully issued grand jury subpoena served upon you. Given the fact that you have come to the United States Attorney 's Office at least two times, and have written two letters to me and have attributed my letters to you as official records on your internet web page, it is simply disassembling to represent in your letter that you do not know with whom you are corresponding. Please be advised that if you do not appear on Tuesday, July 15, 2003, at the time directed, I will seek an order holding you in contempt of court. Please do not view this as a threat, it is simply an effort to insure that you understand that there are consequences to your failure to honor the grand jury subpoena served upon you.
Regarding the demands set out in your letter of July 7, 2003, be advised that Special Agent Tanya Burgess will be the individual taking the handwriting exemplar. She has already identified herself to you on several occasions. Nevertheless, she will have her credentials available for your review. However, if you appear as directed, you will be complying with a grand jury subpoena issued by a lawful office of the court. I provided you with a copy of Rule 6 of the Federal Rules of Criminal Procedure. You must comply. If you refuse, then I will present the matter to the court. The point is that neither Special Agent Burgess or I are required to prove anything to your satisfaction. Thus, I respectfully refuse to provide you with the materials you have requested. Simply put, they are unnecessary to your compliance. If you refuse, I will ask the court to order your incarceration until such time as you comply with the court's orders. It is as simple as that. If you comply, you will be allowed to leave after you complete giving the exemplar. If you refuse, I will ask the court to jail you until you do comply. This is one of the reasons that I have repeatedly asked you to obtain the services of an attorney. However, whether you do or not, you will be expected to appear and give the exemplar.
Your letter of July 8, 2003, is but another example of why I strongly suggest you need an attorney. I am not your attorney but I will suggest to you that you are badly mistaken about what is happening. Based solely upon your conduct to date, you seem to believe that the grand jury investigation is being conducted under your direction or control, in a manner of your choosing, both as to timing and scope. That is not true. Moreover, you seem to believe that the government must have your consent to investigate your activities. That is also not true. What is true is that you have certain constitutional, statutory, and administrative rights accorded you.
Judging from the materials you provided with your letter of July 8, 2003, you have been exposed to those rights. I use the term "exposed" because, for some reason, you have terribly misunderstood those rights, in many respects. The "right" to a "Criminal Investigation Conference" is a procedure adopted by the Department of Justice to insure that there is no misunderstanding as to what has occurred and to insure that if there is an explanation for your failure to pay taxes, it be explored before criminal proceedings are initiated. That conference is held between your attorney or representative and members of the DOJ Criminal Tax Division after the investigation is completed, but before a decision on how to proceed is made. I do not expect to be at any such conference.
However, I believe that you may misunderstand the purpose of the conference. The purpose is not to justify the initiation of a criminal investigation or to satisfy you that you are obligated to pay income taxes. Rather, the purpose is to decide whether a criminal prosecution shou.ld go forward. In that regard, I am uncertain whether they will address all the "questions" you have. I am certain that they will also strongly suggest that you obtain the services of an attorney. In any event, the time for such a meeting has not been reached.
I have gone in some detail, in hopes that you will act in a responsible manner to obtain the advice of an attorney prior to Tuesday, July 15, 2003. Whatever you decide to do, I again reaffirm that you must appear and give a handwriting exemplar on Tuesday. Please govern yourself accordingly.
Sincerely,
GREGORY R. MILLER
United States Attorney
/s/ Benjamin W. Beard
BENJAMIN W.BEARD
U.S. Attorney
cc: Special Agent Tanya Burgess
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