Among the information sought from TDPK in the discovery process of the Virginia Walker v. Kimberlin, et al. civil suit are the financial records of his 501(c)(3), Justice Through Music Project, and his 501(c)(4), Velvet Revolution US.
TDPK asserted that he is immune from discovery, citing the Fifth Amendment among other reasons. Judge Potter’s response boils down to No, now get on with answering the questions put to you and produce the documents called for.
What is it about JTMP’s books, for instance, that TDPK wants to keep hidden? Does he have some trade secret for raising money for his “charities”? Or could it be that he really has a reasonable apprehension of criminal liability based on what those records would reveal?
Consider this: The IRS Form 990s filed by JTMP for 2005 through 2008 show revenue of $1,364,443 and total expenditures of $610,460 for “Printing and publication.” The JTMP website says that they produce DVDs and that they give ten away for each one that they sell.
However, none of the Form 990s for 2005 through 2008 show any income for the sale of DVDs or anything else. Neither does the Form 990 for 2010. Where are the records of the sales?
For that matter, are there any records to audit? JTMP has chronically asked for extensions of time to file with the IRS because “Taxpayer needs more time to gather records.” Really? Is the operation that lax? After all, the Executive Director is a lawyer and the returns have been prepared by an accountant.
Tick, tock, tick, tock, …