Beruflich Dokumente
Kultur Dokumente
Page 1 of 4
In its discretion, the Court m ay try crim inal contem pt without a jury when the actual penalty
im posed does not exceed six m onths im prisonm ent. See Taylor v. Hayes, 418 U.S. 488, 495 (1974).
Page 2 of 4
convicted of multiple offenses involving his failure to pay federal taxes on behalf of
employees of entities he owned and operated, namely, Creation Science
Evangelism Enterprises/Ministry and Dinosaur Adventure Land, located in
Pensacola, Florida, and the jury entered a money judgment of forfeiture.3 See
United States v. Hovind, Case No. 3:06cr83-MCR (N.D. Fla.). Subsequently, upon
finding that Hovind had transferred the currency to third parties, and after reviewing
Hovinds objections, real property was forfeited in partial substitution of the
currency, with limitations. See United States v. Hovind, Case No. 3:06cr83-MCR,
Doc. 212 (N.D. Fla. June 28, 2007), affd, 305 F. Appx 615, 623 (11th Cir. 2008),
cert. denied, 558 U.S. 992 (2009); see also id. Doc. 325 (N.D. Fla. July 29, 2009).
The substitute property included properties located in Pensacola, Florida, at 21
Cummings Road; 29 Cummings Road; 100 Cummings Road; and 400 Cummings
Road.
2.
injunction on June 27, 2012, against Creation Science Evangelism among others,
including their representatives or agents, permanently enjoining them from
To punish for crim inal contem pt of court, there m ust be proof that (1) a lawful and
reasonably specific order (2) was violated and (3) the violation was willful. Romero, 480 F.3d at 1242;
United States v. Bernardine, 237 F.3d 1279, 1282 (11th Cir. 2001); see also United States v. Baldwin,
770 F.2d 1550, 1557-58 (11th Cir. 1985) (Crim inal contem pt is established when it is shown that the
defendant is aware of a clear and definite court order and willfully disobeys the order.). The
governm ent bears the burden to prove these elem ents beyond a reasonable doubt. Bernardine, 237
F.3d at 1282.
3
Page 3 of 4
seeking to file or otherwise create a lien on [the same forfeited] properties without
first obtaining an order from this Court.
Despite the forfeiture order and permanent injunction, Hovind filed lis
pendens on properties that had been legally forfeited to the Government and were
subject to the Courts permanent injunction order.
4.
The Government charges that by doing so, Hovind willfully violated the
September 8, 2014, to show cause why he should not be held in criminal contempt
of Court, pursuant to 18 U.S.C. 401(3) and Fed. R. Crim. P. 42(a). This will be a
jury trial and will be held in Courtroom 5, United States District Court for the
Northern District of Florida, Pensacola Division, located on One North Palafox
Street, Pensacola, Florida 32502.
2.
to the case. Thus, the Court hereby appoints the United States Attorneys Office
for this District to prosecute the contempt. See Fed. R. Crim. P. 42(a)(2).
5.
Page 4 of 4
s/
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE