By Patsy R. Brumfield/NEMS Daily Journal
OXFORD – West Point CPA Gary Hamilton asked Wednesday for a new trial or a judge’s acquittal from his conviction that he helped a Tupelo man evade federal income taxes.
Hamilton, 62, filed his motion through his attorney, Ken Coghlan, saying several grounds exist for U.S. District Judge W. Allen Pepper to grant his requests.
The certified public accountant and Jack P. Holleman, a Tupelo businessman, were indicted Aug. 26, generally accused of conspiring to help Holleman avoid a decade of taxes.
Holleman, 61, pleaded guilty to one count just before their May 9 trial. He has not been sentenced.
A jury found Hamilton guilty on two counts after a three-day trial in Greenville. At that point, Pepper denied his attorney’s request to change the verdict.
Hamilton’s new motion says his conviction should be thrown out because the statute of limitations has passed. He insists that the IRS agreed to and stopped efforts to collect taxes from Holleman, which he says means that the crime alleged in his indictment “simply did not occur.”
He also argues that some of the government’s closing remarks in his trial were improper and misleading, and his attorneys had no chance to rebut them.
Holleman faces up to five years in prison. Hamilton faces up to 10 years.
Contact Patsy R. Brumfield at (662) 678-1596 or firstname.lastname@example.org.