To: StockDung who wrote (18767 ) 2/14/2007 3:44:56 PM From: scion Respond to of 19428 Cooks' tax fraud case goes to jury Penalty could be up to 45 years By DAN RICHMAN P-I REPORTERseattlepi.nwsource.com A federal jury is set to begin deliberations today in the tax fraud case of Wade and Laura Cook, a Fall City couple who made millions of dollars selling investment and tax advice before going bankrupt. The Cooks are each accused of evading income tax in 1998-2000 on $9.5 million in royalties from their publications and seminars, filing falsified tax returns those years and obstructing a later IRS investigation. If convicted on all counts, they face penalties of up to $2 million and 45 years in jail each, though such maximum penalties are rarely imposed. They have pleaded not guilty to all charges. Tuesday's closing arguments capped a 19-day trial at which the Cooks chose not to testify. The primary issue is whether Wade Cook, 57, and Laura Cook, 54, deliberately cheated the government by creating a complex network of interrelated trusts and limited partnerships and then shifting money among them, spending much of it on themselves. They contend they merely loaned themselves money, and because loans aren't taxable as income, they owed no taxes. The government contends the couple never intended to repay the money they gave themselves, so the payments weren't loans. At trial, the government offered as evidence that the Cooks repeatedly told a bank from which they sought a loan that they had no outstanding loans themselves. The government also said the couple suspiciously backdated a promissory note they offered to prove some major payments to themselves were loans. Before a packed courtroom, Assistant U.S. Attorney Bob Westinghouse said of the Cooks, "The government is not saying they did not dot the i's and cross the t's. The government is saying they knew what they were doing. They were cheating." During a courtroom break after Westinghouse's argument, Wade Cook commented, "If his lips are moving, he's lying." Attorney Angelo Calfo, representing Wade Cook, stressed that the case turns on Cook's intention and that only a willful failure to report income is criminal. "The crime is 'Did he lie?' not 'Could he have been more forthright?' " Calfo told the jury. "His belief about whether his actions were legal needn't even be reasonable. There are many plausible explanations for his actions, and you need to view the case through innocence-colored glasses." Amanda Lee, representing Laura Cook, stressed that the couple had received expert advice indicating their financial arrangements were lawful. She also challenged the government's emphasis of the Cooks' extravagant spending habits, including $487,000 to maintain their 40-acre horse ranch, $360,000 to buy 10 cars and $200,000 to buy at least nine Arabian show horses. "There is no question they've lived a privileged life, but that's not the point," she said. "If money is a loan, it's a loan, no matter how you spend it. Maybe the government has focused on their spending because it's easier to convict people who spend money that way." Wrapping up was Assistant U.S. Attorney Kurt Hermanns. He said the couple's backdating a promissory note to show that money they'd paid themselves was a loan -- and using as collateral their own company's stock, which by that time had only nominal value -- proved their guilt. "It represents a very conscious step onto the dark side," he said. P-I reporter Dan Richman can be reached at 206-448-8032 or danrichman@seattlepi.com.seattlepi.nwsource.com