Prayer Alert!
On January 8, 2010, the Supreme Court will look at my “Motion for Reconsideration to Grant Writ of Certiorari.” I’m no lawyer and don’t speak lawyer language; so, after much prayer, I just wrote in plain English what God laid on my heart. Although I could have chosen a dozen issues, I brought only two issues to the court. They have the potential to affect many Americans.
I’m asking any who love God and our ministry and our country to pray that the Supreme Court will grant my motion and then rule in our favor on both issues. Below is a summary of my Motion. If God leads you, please pray and fast with me on January 8, 2010.
09-5043
IN THE SUPREME COURT OF THE UNITED STATES
MOTION FOR RECONSIDERATION
TO GRANT WRIT OF CERTIORARI
Kent E Hovind pro se
#0652-017
Federal Satellite Camp
Box 725
Edgefield, SC 29824
PETITIONER respectfully prays that this Honorable Court would GRANT Petitioner’s Petition for Rehearing to resolve a Circuit split and to clarify a matter of law.
The first issue is to establish the meaning of the word “structuring.” In 31 U.S.C.§5324(a)(3); Ratzlaf v. United States; as well as the 2nd Circuit; the 7th Circuit; the 9th Circuit, and the 10th Circuit all say the amount structured in two or more transactions must be more than $10,000.00. However, both the lower district court and the 11th Circuit Appeals Court say that a single transaction of more or less than $10,000 violates the law and results in a five year prison term, as was my case in which each single transaction of less than $10,000.00 was charged separately as a crime.
I pray that this court will resolve this split; or, if the 11th Circuit decision is now case law establishing that any transaction in any amount can be declared a crime, please use the rule of Lenity. Our withdrawals of ministry money received in legitimate ways to spend on legitimate church ministry bills were withdrawn as the ministry had need of them and were never a part of a large amount being broken down for any illegal purposes.
I cannot find any cases where any court has ruled that withdrawals, rather than deposits can be structured, nor can I find a case that answers the question of whether a single transaction can be considered a structuring crime. I pray that this court will grant my petition to review this case to answer these issues.
The second issue the circuits are split on, is the 1995 PRA. 44 U.S.C. § 3505; the 10th Circuit in U.S. v. Collins, 920 F.2nd 619 fn 12 and 13; this court in Dole V. United Steelworkers; the 9th Circuit in U.S. v. Hatch and the USGAO report from 2005 page 34 all agree that I cannot be penalized for not filling out a “bootleg” form, yet the lower court said 44 U.S.C. § 3505-12 cannot be relied upon and gave me five years in prison for doing so. The 11th Circuit was silent on this issue on appeal. The 10th Circuit has another case being appealed to this court on this issue as well.
When 31 USC § 5322, 5324 was amended (See Money Laundering Suppression Act of 1994 codified at 31 USC § 5322(a) and 5324(d) this caused a Constitutional issue that requires this Honorable Court’s clarification as it impacts the circuit split on structuring as well.
I pray this Honorable Court will GRANT my petition for rehearing to resolve the splits and clarify the 1995 PRA.
Respectfully Submitted
Kent Hovind pro se
16 Responses to “Prayer Alert!”
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pprwght
Said this on December 31st, 2009 at 11:00pm:Your ‘plain English’ will not fall on deaf ears. While I wish you would have avoided the whole prison scene, still I hope and pray your testimony touches the quiet recesses of the common bond we share with other hurting Hopefuls-those near you in Christ and those watching you from across the way- we all have something in common and I pray those from across the way will see your face and want what you have-a certainty in the knowledge of the power of prayer. Maybe something as small as the twinkle of your eye will enlighten them that they, too, can call out and be heard. When you do get out of prison, and you will get out, I will be looking for your children’s books on Dinosaurs and on the Flood and on the responsibility and examples of how we should reach out to others in positive responsible ways. You have a lot to share. My only worry for you is that your way of filtering information has been too lenient and the some of the information you shared in your last DVD series may have been a result of being misinformed. Good Luck working on that problem, as any leader has the same task to unwind the mistruths presented to them as fact- “global warming” is my immediate example of good people being misinformed and misled to say or do things that aren’t fact-checked more than half a once-time. I’m no scientist, but if the Bible says that not by flood but by fire…..then, there’s not a whole lot of carbon-kissing we can do to prevent it. I love your sense of humor and completely understand why you irritate some people-in that regard, keep up the good work! But, play it safe and be cool when it comes to paper words. Someone else needs to see your twinkle in your eye before he or she can fully appreciate the fun you have with your words that you speak; and I pray that you will be heard and understood both in person and on paper.
appleimac
Said this on January 1st, 2010 at 8:21am:Kent,
We are praying for a favorable ruling.
love,
caring brothers and sisters,
cookster
Said this on January 1st, 2010 at 11:14am:I will be praying and fasting on the 8th of January. My God move in this situation. God bless you Dr. Hovind.
Sade Tennyson
Said this on January 2nd, 2010 at 11:46am:Hello Brother Kent Hovind,
We will trust our Lord along with you & trust our great & loving advocate – The Lord Jesus to glorify himself in Jesus name.
I’ve sent the request to a couple of friends & I trust the Lord some will join on in fasting and prayer on the 8th of January.
The joy of our living God will remain your strength. In the Lord we put our trust & we give Him thanks for everything in Jesus worthy name.
Remember – many are the afflictions of the righteous but the Lord delivereth him out of them all.
Remain Blessed of our Lord Jesus,
Sade Tennyson.
DrJoe
Said this on January 2nd, 2010 at 12:11pm:You are in our prayers and we will join you on Jan. 8. Your Motion for Reconsideration is well worded. My trial begins on Mar. 1. Your prayers are appreciated.
Dr. Joe Sweet
Ekkman
Said this on January 3rd, 2010 at 3:57am:Kent,
I just got out of another court case against me. I believe our government is too far gone, corrupt for much of any good to come from it anymore. BUT I do believe the Lord can turn this around for you and for his glory. The word says, “The king’s heart is in the hand of the LORD, as the rivers of water: he turneth it whithersoever he will.” I will stand on that scripture when I pray for you in this scenario. Just as the king’s heart is in God’s hand so is the supreme court’s heart. I preached on a “Police State”. It is on my page now. I just uploaded it a couple of days ago.
Ekkman
robtzfamily
Said this on January 4th, 2010 at 8:19pm:Kent, you can count on us!
The Roberts family
(AUSTRALIA)
DoleValleySeiferts
Said this on January 6th, 2010 at 3:57pm:Dr. Hovind,
We have watched your videos and appreciate all you have taught us about God, creation, evolution, and dinosaurs. Our eleven year old begs us to watch the videos over and over – he especially likes your jokes and can quote many of them along with facts from your seminars.
We will remember to pray for you everyday, and especially this Friday, Jan. 8. May our Gracious Lord grant you favor with the Court and watch over you.
In Christ,
The Seifert Family
Washington State
gojo345
Said this on January 7th, 2010 at 2:49am:i am praying… for you… it truly a sad day to see a brother in jail for a crime he did not commit… i am heartbroken for you and your family
Susan - Jane
Said this on January 7th, 2010 at 5:11am:I’m praying. Our God is able!
roachbc
Said this on January 8th, 2010 at 5:00am:Glad the Lord brought me to this just in time. May God grant you favor as He did for Joseph. I will be fasting and praying with you out here in Oregon. God has used your ministry to bless my family in so many ways. My young daughters love your seminars as much as I do. Thank you for being faithful to the call. I pray you will be at home with your family very soon.
ServeInLove
Said this on January 8th, 2010 at 12:09pm:Dear Brother Kent,
Many are remembering you and Jo in prayer. We will not forget you. In particular, we just finished praying today about the case. May our Lord keep you strong and encouraged.
Much love in Christ,
The Johnsons in NC
P.S. Had to change our username and start a new account b/c the system wasn’t letting us in.
adriennegilbert
Said this on January 8th, 2010 at 1:52pm:Bro. Hovind,
I will update you with all the details next week of what all has gone on. I have talked to so many people, thousands of e-mails have been flying and the Supreme Court is floating in mail I am sure.
Blessings to you!
Adrienne
heckroodt
Said this on January 8th, 2010 at 3:11pm:Psa 2:1 Why do the heathen rage, and the people imagine a vain thing?
Psa 2:2 The kings of the earth set themselves, and the rulers take counsel together, against the LORD, and against his anointed, saying,
Psa 2:3 Let us break their bands asunder, and cast away their cords from us.
Psa 2:4 He that sitteth in the heavens shall laugh: the Lord shall have them in derision.
God is in control,but in this life you will have much tribulation !
South Africa
JakobHarper
Said this on January 8th, 2010 at 5:49pm:Can anybody give us an update what happened today with the case?
shiren2000
Said this on February 23rd, 2010 at 10:21am:Dear Kent,
Our prayers are still being offered up for you and your wife Jo. God used you (Creation Seminars) to re-awaken my Christian walk in 2007. May you remain strong in our Lord Yeshua.
Shalom,
Shiren