Edward and Elaine Brown
Edward Lewis Brown (born 1942) and his wife, Elaine Alice Brown (born ), residents of the state of New Hampshire, gained national news media attention as tax protesters in early 2007 for refusing to pay the U.S. federal income tax and subsequently refusing to surrender to federal government agents after having been convicted of tax crimes. After the conviction and sentencing, a long, armed standoff with federal law enforcement authorities at their New Hampshire residence ended with the arrest of Edward and Elaine Brown on October 4, 2007. In July 2009, while serving their sentences for the  tax crimes, the Browns were found guilty by a federal district court jury of additional criminal charges arising from their conduct during the standoff. Elaine Brown. Elaine Brown attended dental school at Tufts University in Boston before opening a dental practice in West Lebanon, New Hampshire. Elaine Brown earned most of the couple's income that was involved in the tax dispute through her dental practice. Edward Brown. Edward Brown is retired from the pest control business. Earlier felony convictions and pardon. In 1960, Edward Brown was found guilty of assault with a dangerous weapon and armed robbery in connection  with an attack on a man in Somerville, Massachusetts. Brown was imprisoned at the Massachusetts Correctional Institute in Concord, Massachusetts, was paroled in January 1965, and was pardoned in July 1976 by then-governor Michael Dukakis, with the recommendation of the Massachusetts Advisory Board of Parole. Involvement in militia movement. According to an October 1994 article in the "New Hampshire Sunday News", Edward Brown was the spokesman for an organization called the Constitution Defense Militia and had become involved in the militia movement in late 1993. The newspaper reported that Brown designated various individuals and organizations as being part of  a conspiracy to deprive Americans of life and liberty. Among the people and organizations named by Brown were then-U.S. President Bill Clinton, former President George H.W. Bush, Mikhail Gorbachev, The Council on Foreign Relations, the United Nations, the Trilateral Commission, the American Bar Association, and the Federal Emergency Management Agency (FEMA). Brown reportedly had stockpiled 18 months' worth of food, with weapons and ammunition, and believed that there would be a Federal government takeover of "private property, utilities, health facilities and the media." The 1994 article reported that Brown believed the militia was setting up its own "courts… for  the purpose of taking back America." The newspaper reported that Brown said he saw no way the conflict would end except in violence. The paper stated: "Brown, who says he is an agnostic, admits it's easy to dismiss him as a nut." Tax-related indictment, trial and convictions. In April 2006, Edward and Elaine Brown were indicted in the United States District Court in New Hampshire for numerous federal tax violations. Prosecutors in the Browns' case presented evidence that the Browns had not paid income tax since 1996 and had not filed income tax returns since 1998; they were  liable for taxes of more than $625,000. The Browns initially chose to represent themselves, without the help of a court-appointed lawyer. Halfway through the trial Edward Brown decided not to return to the court, while Elaine Brown chose to enlist the help of a court-appointed lawyer to defend her and negotiate any possible plea bargain offered by the federal prosecutor. The Browns claimed they had not been presented with any law that required them to pay income taxes to the federal government, an argument similar to many tax protester statutory arguments. On January 18, 2007, Edward Brown  was found guilty by a jury in a Federal District Court in Concord, New Hampshire of one count of conspiracy to defraud the United States under , one count of conspiracy to structure financial transactions to evade the Treasury reporting requirements in violation of , and , and one count of structuring financial transactions to evade the Treasury reporting requirements and aiding and abetting under and . Elaine Brown was convicted of one count of conspiracy to defraud the United States under , five counts of tax evasion and aiding and abetting under and , eight counts of willful failure to collect employment taxes under and  aiding and abetting under , one count of conspiracy to structure financial transactions to evade the Treasury reporting requirements in violation of , and , and two counts of structuring financial transactions to evade the Treasury reporting requirements and aiding and abetting under and . The tax evasion convictions of Elaine Brown involved the failure to report income of $1,310,706 over a period of five years. Each was sentenced to over five years in prison. Before granting Elaine Brown's release on bail, the judge of the Browns' trial ordered her not to return to the Browns' home before sentencing. As a condition  of her bail agreement with the state, she was ordered to live at her son's home in Worcester, Massachusetts, where she had been living prior to the trial. A tracking device was attached to her, and she was given permission to leave her son's home only if he was accompanying her; she later violated the terms of her release by destroying this device and rejoining her husband. On April 14, 2007, the "Concord Monitor" reported that Edward and Elaine Brown "recently ordered the clerk of the court to close their case, citing themselves as 'the court' and 'judge '." The Browns reportedly signed their filings with the court using new names: "Edward, a Living Soul in the Body of the Lord, of the House of Israel," and "Elaine, a Living Soul in the Body of the Lord, of the House of Israel." The court rejected the filings, ruling them frivolous. Browns' residence. Edward Brown said that he had a stock of food and supplies and that his home could run on wind and solar generators even if cut off from the main grid. He also stated publicly that he did not intend to go to jail and "vowed to  resist arrest violently and die rather than go to prison." During the standoff, a number of supporters were camped outside his home and were encouraged to record any attempt to take Brown from his house. This policy of opening the door to supporters led to the successful arrest of the couple by United States Deputy Marshals who disguised themselves as supporters. The 100 acre property at 401 Center of Town Road, Plainfield, New Hampshire was scheduled to be auctioned off in Concord, New Hampshire, on August 15, 2014 by U.S. Marshals, although no one bid at the auction. The Browns  implied in interviews that the woods around the house had explosive "booby-traps." Federal officials therefore would not let interested bidders tour the property. In October 2015, however, would-be buyers were allowed to visit the property with an Internal Revenue Service official, and the property sold for $205,000 at auction on October 22, 2015. Beliefs about religion, Zionism, Judaism, Freemasonry and taxes. The "Concord Monitor" wrote: "The Browns changed their names in late March  after converting to a non denominational form of Christianity they learned from a man named Sonny. According to friends of the Browns, Sonny , who wears a long beard, all-white attire and sandals, flew from Hawaii to New Hampshire to visit the Browns and shared his religious and legal teachings over several days." Elaine Brown was quoted as saying: "The only law book we now recognize is the Bible. The only way we're coming out of our home is either as free man and free woman or in body bags." The Browns alleged that they were not United States citizens, that they were non-residents of the United States for tax purposes, that the New Hampshire business tax laws were incorrect, null  and void, and that labor could not be taxed. According to a New Hampshire newspaper, the Browns had not paid some state taxes, and "face a state tax lien for business profit taxes" of $343,000. The paper reported that with penalties and accumulated interest, the combined Federal and state tax amount owed by Edward and Elaine Brown was over three million dollars. In mid-July 2007, Edward Brown also announced that he would stop paying school and town property taxes to the town of Plainfield, New Hampshire. A local newspaper quoted Brown as saying: "They don't provide me  any services, I'm not going to contribute to them anymore." The "Concord Monitor" reported that property tax bills were mailed to residents of Plainfield on June 1, 2007, with return envelopes. The "Monitor" stated that when an employee of the town of Plainfield opened the return envelope from the Browns, no check for the Browns' property taxes was included. Instead, the Browns included a note with the following statement: Nay! Nay! The land… at 401 Center of Town Road, Plainfield, New Hampshire [the Browns' residence], and all that is in and upon it, including the Lords bodies, are in  the kingdom of heaven, belonging to the Lord, have been claimed by him, and thus can be claimed by no man, nor can any man have beneficial interest in it… Stand down and away from the Lords land and the bodies of the Lord. So it is written. So it is done. Edward Brown was also quoted as having made comments about law enforcement officials and the judge in his case: I wouldn't want to be this U.S. attorney. I wouldn't want to be this judge or these other people. This James John or anybody else that decides  to come down here. Their names are already out there… They are just as vulnerable as I am. And if they're so foolish and stupid to think that they're not, hey, doom on them. Edward Brown was reported to have stated in a radio interview in March 2007, in comments about federal authorities who were unwilling to see Brown's righteousness: Once you've used the lawful word, you've done it the absolute proper way, and they still come at you, they are now attacking the Creator himself or itself,… You kill them. That is exactly what  the Ten Commandments tell you to do. In early June 2007 Brown claimed that the law enforcement officials surrounding his properties were part of a "Zionist, Illuminati, Freemason movement," and that the federal government had no jurisdiction in New Hampshire. Referring to the warrants and court orders against him, Brown said "This is just paper… This is fiction. The entire American government is fiction. We created it, didn't we?" The "New Hampshire Union Leader" also reported that "the Browns believe the IRS and the federal income tax are part of a deliberate plot perpetrated by Freemasons to control the  American people and eventually the world." In an interview on February 2, 2007, on the radio show "Constitution for the Defense," Edward Brown was quoted as saying: This is the beginning of one very huge movement. I'm not quite sure you understand the ramifications of what's going on right now. This is massive. This is international. We are fed up with the Zionist Illuminati. That's what this is all about. Loud and clear. Zionist Illuminati. Lawyers, whatever they are, okay, it's going to stop. And if the judge is a member of that, I know that  McAuliffe [i.e., Steven J. McAuliffe, the Federal judge in Brown's tax case] is, I know that U.S. Attorney Colantuono is, they'd better stop. This is a warning. You can do whatever you want to me. My job is to get the message out, and I'm getting the message out, and I'm warning you guys - not you guys [referring to the radio show hosts], them - to cease and desist their unlawful activity in this country and every other country because once this thing starts, we're going to seek them out and hunt them down. And we 're going to bring them to justice. So anybody wishes to join them, you go right ahead and join them. But I promise you, long after I'm gone, they're going to seek out every one of you and your bloodline. On August 10, 2007, the "New Hampshire Union Leader" reported that Edward Brown said that a war was spreading and becoming an uprising against the federal government, eventually to develop into a revolution, and that the war would come within eighteen months. The "Union Leader" quoted Brown: According to the "New Hampshire Union Leader": Chronology of post-trial  events; the standoff. October 4, 2007 arrest: The standoff ends. On October 4, 2007, Ed and Elaine Brown were arrested without incident, ending the standoff. United States Marshal Stephen Monier stated: "The Browns may now begin serving their 63-month federal prison terms… High profile situations like this are always difficult, but they don't have to be tragic. I'm glad no one was injured, and that the community remained safe throughout the operation." The Browns were arrested by undercover officers, who were invited by the Browns into the Brown residence on the evening of Thursday, October 4, 2007 . "[B]efore the couple realized they weren't supporters, they were already under arrest." A local television station quoted U.S. Marshal Monier as saying: "Ultimately, this open-door policy that they [the Browns] seemed to have which allowed the Browns to have some supporters bring them supplies, welcome followers and even host a picnic—this proved to be their undoing… They invited us in. We escorted them out." After the arrests, law enforcement personnel began searching the home and found weapons, ammunition, explosive devices and booby traps. Law enforcement officials found twenty "suspected pipe bombs," nine "destructive devices," bags of high  explosives hanging in the trees, smoke grenades, materials for partially constructed nail bombs, two .50-caliber rifles, 18 other guns, and over 60,000 rounds of ammunition. At a news conference on October 5, 2007, U.S. Marshal Monier said that even more charges against the imprisoned Edward and Elaine Brown were likely: "By their continuing actions, allegedly, to obstruct justice, to encourage others to assist them to obstruct justice, by making threats toward law enforcement and other governmental officials, they have turned this into more than a tax case." Prison life. Shortly after his imprisonment, Edward Brown claimed that he has  been mistreated, tasered, gassed, subjected to sensory deprivation, and isolated from other inmates. Trials and guilty verdicts in connection with the standoff. Both Edward and Elaine Brown and some of their followers were subsequently charged, tried, and found guilty of crimes in connection with the standoff. Convictions of followers. Four individuals who assisted Ed and Elaine Brown in the standoff were convicted in connection with the matter. Danny Riley of Cohoes, New York was sentenced to 36 years in federal prison, after having been convicted of helping to supply the Browns, and of stockpiling weapons and threatening law enforcement officials . Riley was convicted of conspiracy, aiding and abetting, and using guns and bombs in connection with the standoff. Also convicted in other trials were Jason Gerhard of Brookhaven, New York (sentenced to twenty years in prison), Cirino Gonzalez of Alice, Texas (sentenced to eight years in prison), and Robert Wolffe of Randolph, Vermont (who was sentenced to two and a half years). 2009 indictment, trial, and guilty verdicts for the Browns. As a result of the events during the standoff, Edward and Elaine Brown were indicted on January 21, 2009, by a federal grand jury in Concord, New Hampshire, and  were charged with knowingly and willfully conspiring, by force, intimidation and threat, to prevent employees of the United States Marshals Service in the discharge of official duties in the arrest of the Browns, in violation of ; conspiracy to commit an offense against the United States in violation of and subsections (a) and (b) of ; carrying and possessing a firearm in connection with a crime of violence, in violation of subparagraphs (A) and (B) of paragraph (1) of subsection (c) of ; being a felon in possession of a firearm in violation of paragraph (1) of subsection (g) of ; obstruction of justice  in violation of ; and failure to appear for sentencing, in violation of . Edward Brown was also charged with one count of failure to appear for trial in violation of . See Indictment, "United States v. Edward Brown and Elaine Brown". The Browns filed numerous pre-trial motions, contending (among other things) that the United States is owned by Paine Webber and that "the most powerful court in America is not the United States Supreme Court, but the Supreme Court of Pennsylvania." According to the "Concord Monitor", the Browns filed "about 30 motions, expressing views that their case is governed by commercial  law, that they are not the people named in the indictment, that the federal government has no authority and that they can resolve all charges with 'promissory notes' for billions of dollars." The Browns also claimed: "The U.S. has not had a Treasury since 1921"; "The United States does not have any employees because there is no longer a United States"; "There are no judicial courts in America and there has not been since 1789"; "There have not been any Judges in America since 1789"; "The Revolutionary War was a fraud"; "America is a British colony"; "Britain is owned by  the Vatican"; and "A 1040 form [Form 1040, U.S. Individual Income Tax Return] is for tribute paid to Britain". Elaine Brown's court-appointed lawyer requested that her competency be evaluated. On June 2, 2009, the court ruled that Edward and Elaine Brown were competent to stand trial. On July 9, 2009, Edward and Elaine Brown were found guilty by the federal district court jury of all counts charged. On October 2, 2009 Elaine Brown was sentenced to 35 years in a Federal prison. In January 2010, Edward Brown was sentenced to 37 years in prison. Edward and Elaine Brown  appealed these convictions to the United States Court of Appeals for the First Circuit, but the convictions were upheld by the Court of Appeals on January 19, 2012. Elaine Brown filed a petition for writ of certiorari with the United States Supreme Court, but the Supreme Court denied her petition on May 21, 2012. In September 2011, Edward and Elaine Brown were identified by the Federal Bureau of Investigation (FBI) as being members of the sovereign citizen movement. Edward Brown is scheduled for release on June 9, 2034, when he would be about 92 years old. Elaine Brown was originally  scheduled for release in November 2042. However, her sentence was shorted to time served as a result of a U.S. Supreme Court decision in another case which found the minimum sentencing in weapons laws, in this case a 30-year minimum for use of explosives, was invalid. She was released on February 28, 2020 and has sought divorce. Ed Brown requested a reduction to time served at appeal, but the use of explosives count was reduced to 300 months, so he would have roughly 17 additional years over his 13 served.