UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
UNITED STATES OF AMERICA, ) ) Case No. 068:08-CV-00000000-MAP Plaintiff ) ) v. ) ) Jeannie Patriot ) Defendant )
MOTION FOR JURY TRIAL In the matter of PETITION FOR JUDICIAL APPROVAL OF LEVY UPON A PRINCIPAL RESIDENCE
Jeannie Patriot, now comes before this court of record who, for the reasons set forth here and in the accompanying Exhibit A, requests that this court allow a jury to decide these matters both as a matter of right and a matter of discretion.
This Request for a Jury Trial is made under FRCP Rule 38, Right to a Jury Trial; Demand (a) Right Preserved The right of trial by jury as declared by the Seventh Amendment to the Constitution — or as provided by a federal statute — is preserved to the parties inviolate.
It is understood by defendant that the courts have generally ruled that, if a party seeks only an equitable remedy, there is no right to a jury trial, and the case will be tried and decided by a judge alone. However, The PETITION FOR JUDICIAL APPROVAL OF LEVY UPON A PRINCIPAL RESIDENCE submitted before this court by the Justice Department/IRS could involve substantially more than just equity.
Therefore, defendant respectfully requests a jury trial and cites the following three cases to support her request for a jury trial:
In addition, there may well be further litigation in this matter arising from either one and/or both parties, as IRS Revenue Officer, John Shatraw threatened to criminally prosecute
Patriot for money laundering if she did not voluntarily confess to having offshore bank accounts. [See Exhibit A1 and A2: Letter to TIGTA and accompanying affidavit submitted on August 31, 2006, to the TIGTA].
Defendant recognizes that FRCP 39(c) allows a court to use a jury trial at its discretion, and respectfully requests a Jury Trial, both as a matter of right and as a matter of discretion.
Respectfully submitted this 31st Day of July, 2008.
Jeannie Patriot
All rights reserved without prejudice
CERTIFICATE OF SERVICE
I hereby certify that on or about this date, I mailed a copy of this OBJECTION TO PETITION FOR JUDICIAL APPROVAL OF LEVY UPON A PRINCIPAL RESIDENCE to the following parties by First Class Mail:
Robert E. O’Neill
United States Attorney
Middle District of Florida
U.S. Department of Justice
400 N. Tampa Street, Suite 3200
Tampa, Florida 33602
Stephen C. Dowdell
Trial Attorney, Tax Division
Post Office Box 14198
Ben Franklin Station
Washington, D.C. 20044
________________________
Date: July 31, 2008
Jeannie Patriot
Tampa, FL 33603