A St. John couple accused of falsely claiming more than $1 million in federal tax refunds is demanding in court filings that by agreeing to pay back the money owed, they should no longer face prosecution.
No agreement with federal prosecutors has been filed, however, and no order has been issued by the judge, according to court records.
Barbara Gasich, 53, and George Gasich, 54, who recently changed their address to Bradenton, Fla., were charged last summer with a total of seven counts of filing false tax return claims in 2008 and 2009 totaling $1.155 million.
The Gasichs, who are representing themselves, filed notice Thursday that they had filed two surety bonds — one for the exact amount of money they are charged with fraudulently claiming in tax returns and the other for $2.3 million.
“Be advised I formally accept your oath of office and you are directed to act in TRUST with good faith and settle and close this case immediately,” Barbara Gasich wrote in the notice.
She also added that she and George Gasich are not released from the case, although no such ruling has been made, according to court records.
The Gasichs, who could not be reached for comment, have previously fought the federal government’s authority to press the charges against them, citing what’s known as the “federal zone” clause of the U.S. Constitution. U.S. District Judge Philip Simon noted in the ruling that federal tax resisters have tried to use the clause to claim the federal government can only prosecute crimes that happened on federal land, but he notes the clause was really aimed at the authority of state governments.
“The defendants are not exempt from federal law,” Simon ruled last year in response to their questioning of whether the federal government had jurisdiction over their case.
They have also continually questioned the right to federal attorneys to prosecute them, calling for them to supply their public oaths of office. They also refer to the federal court in their newest filing as the “Emergency War Powers Court.”
The Gasichs have pleaded not guilty in the case and are set to go on trial Oct. 26.
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