Kent was convicted on multiple counts of "structuring" - systematically withdrawing funds in amounts slightly less than $10,000 in order to avoid bank reporting. One of the consequences of his structuring was the forfeiture of over $400,000. Of course, he didn't have that cash having spent it on this and that including his "missionaries".
So there were parcels of real estate forfeited in lieu of the cash. Those were mostly sold to the Hovind family allowing Eric Hovind to keep the ministry going in a different form. That, as you may recall created some drama when Eric did not simply turn the keys back over to Kent after his return from prison.
And at least once parcel was sold to an outsider - Anthony Jaworski. And that did not go all that well as is portrayed in this interview with Jonathan Schwartz of Interlock Media
But there were two parcels that are still yet to be sold - 116 Cummings Road and 5800 Block North Old Palafox Street. The parcels already sold and some cash in the bank have whittled the original forfeiture balance down from $430,400 all the way to $504.70.
That would mean that any sales proceeds beyond the five hundred and change would be returned. As this motion indicates, there would be a logistical problem returning the funds since the title was not with the Hovinds. (There is the vow of poverty and all that trust stuff. Don't get me started.)
More to the point though included in Kent's original sentence were criminal penalties - cost of prosecution and restitution to the IRS in the amount of $613,228.11. Kent has been paying on that since he was released at the stunning rate of $25 per month. I'll let you do the math.
So the motion is to sell the lots and apply the proceeds to the criminal penalties. In the footnote it is indicated that IRS - CI will handle the sale rather than the US Marshals, since they are familiar with the property. It will be interesting to see whether the Hovindicators will take any action around the sale.
A notice has gone out to Kent and Jo giving them to sometime next week to file an objection to the sale.
I asked Rudy Davis, the strongest voice of the Hovindicatiors, what he thought of the matter. He wrote me:
There is no surprise on my end that our government is making a move to steal property from the Hovind's after unjustly imprisoning both of them. The wickedness of this government is beyond most people's ability to imagine. I pray that God Almighty will exercise his judgment upon the evildoers who continue to persecute the righteous sooner rather than later. Psalms 35 and Psalms 109 come to mind. My prison ministry keeps me extremely busy with advocating for entrapped and unjustly incarcerated Chrstian prisoners. Unfortunately things are not getting any better. However, I have no doubt the Lord will be glorified in all that lies ahead. We will not grow weary in exposing how wicked our government has become.
Below is a video of a man (David Hinkson) who has spent 15 years in prison so far solely on the testimony of Elven Joe Swisher. Elven Joe Swisher is a known pathological liar who wore a fake purple heart medal on the witness stand.
I also wrote to Kent's main adviser, Ernie Land who responded:
Not really. I think as a CPA you know they have 10 years and this is 12 years post conviction, so I will wait and see what happens. More corruptness in our systems.That's one of the difference between me and Ernie. I don't just know stuff, I look shit up. The statute of limitations on collection of assessed tax is 10 years, but the statute of limitations on criminal penalties is 20 years starting with release.
This does raise an interesting point. Kent has an enormous civil liability for income taxes - over three million dollars. And that is on a ten year clock starting in 2013. If you thought Kent's ship was going to come in eventually you would want to collect that first. But here we may have a little bureaucracy going on. CI might want to get credit for collecting the penalty rather than letting IRS Collections get the glory for getting something toward the income tax liability.
You can take a look at the lots using google maps. They didn't leap off the map and say "Buy me, buy me" when I looked but maybe you might like them. De gustibus non est disputandum.
Bob Baty alerted me to this development. Apparently he occasionally checks the docket in the case. Something which would never occur to me.
I almost considered this development forbes worthy, but it did not quite make the cut. I have laid off Kent's yourtube channel, but I expect that if he had reacted to this, I would have heard. Where is Brady Byrum when you need him?
Peter J Reilly CPA continues to follow the Kent Hovind drama, but not with a great amount of zeal.