Courts
Hatch loses appeal of tax case
01:00 AM EST on Saturday, February 2, 2008
BOSTON — In the final episode of his closely watched criminal case, Survivor star Richard Hatch failed to persuade appeals judges here to free him from federal prison or reduce his sentence.
In a decision released yesterday, the U.S. District Court of Appeals upheld his conviction for tax evasion and his 51-month sentence.
In 2006, a jury in U.S. District Court, Providence, found Hatch guilty of not paying the taxes he owed on about $1.4 million, including the $1 million prize he collected for winning the first season of the reality show. He was convicted of filing false tax returns and given the maximum sentence allowed after Judge Ernest C. Torres concluded that he had obstructed justice when he “willfully gave false testimony.”
Hatch, 46, of Newport, is serving his sentence in a federal prison in Morgantown, W.Va. He won the first season of the seminal CBS show and became infamous as the cunning and openly gay contestant who competed in the nude.
In the appeal filed on Hatch’s behalf, his Texas lawyer, Michael Minns, argued that Torres prevented him from adequately exploring a key part of his client’s defense — that Hatch thought CBS would pay the taxes on his winnings. Hatch maintains that the show’s producers, Survivor Entertainment Group, allowed food to be smuggled to a rival contestant and that when he confronted producer Mark Burnett about it, he was led to believe that if he won the show’s jackpot he would be off the hook for the taxes.
But the appeals judges agreed with prosecutors, who maintained that Torres simply sought to curtail broad questioning about cheating on the show while still inviting Hatch’s lawyer to explore any tax deals and what led to them.
“The court understandably observed that the details of how the show was being staged were not in themselves relevant to Hatch’s state of mind when he filed his tax returns almost two years later,” the decision reads. They quoted Torres as saying, “You can certainly get into anything that Mr. Hatch has to say on the rules of how he was going to be compensated if he won.”
The appeals judges noted that Burnett was called as the government’s first witness and that Hatch’s legal team “never asked him on cross-examination whether he or others at SEG had promised that SEG would pay Hatch’s taxes — nor did the defense later call Burnett as its own witness and seek to elicit such testimony.”
Furthermore, Hatch himself “never testified at trial to the events and words by Burnett or others that might constitute a quid pro quo deal … although specifically invited to do so by the court on several occasions.”
Regarding Torres’ decision to give Hatch the maximum sentence, the appeals judges concluded that Torres “catalogued many instances in which Hatch had committed perjury.”
| Sweetbriar provides opportunities for Tara Dodson and her daughter Avery | |
| Police seize large quantity of marijuana in Woonsocket | |
| H1N1: Pregnant women struggle to find flu vaccine source |
More court stories
Assets seized from Saccoccia, others
URI students take Narragansett to court over ‘orange sticker’ policy
Most Viewed Yesterday
Patriots journal: Porter says refs have different rules for Brady
Governor vetoes R.I. saltwater fishing license
Narragansett sachem: ‘Outsiders’ no more after Obama meeting
Most active surveys
React to Carcieri's veto of R.I.'s first saltwater fishing license
Will you allow your children to be vaccinated against swine flu? Why or why not?
What's your favorite breakfast/lunch place?
Are the Yankees on the brink of another dynasty?
Is it a bad thing or a good thing that prostitution is legal in Rhode Island, indoors?
Most e-mailed in the last 24 hours
Reader Reaction









You must be logged in to contribute. Log in | Register Now!
You are logged in as screenname | Log Out
You are logged in, but do not have a "screen" name. Create a Screen Name