Court Ruling Vindicates Circle Group Owners, Overturns All ConvictionsWednesday 5th of January 2011
Dear Friends and Neighbors, You may remember receiving mailings from the Southeastern Carpenters Regional Council a couple of years ago, targeting Jerry Marchelletta Sr. and Jerry Marchelletta, as well as a letter from us briefly explaining the truth. The ordeal that we have been through is coming to a close, as the below news release outlines. It has been a long and difficult road for us, but we are grateful to be vindicated. Most importantly, we look forward to continuing to be a healthy and productive part of this community. On behalf of our family, I want to thank you for your encouragement and well wishes. It has meant a great deal to each of us to know that our friends and neighbors have supported us throughout. My family wishes you a healthy and prosperous 2011! Sincerely, TCGT Web-team **************************************** For Immediate Release Contact: Greg Beuerman 504/458-9521 Court Ruling Vindicates Circle Group Owners, Overturns All Convictions Atlanta, GA—In a stern rebuke to the federal government the 11th Circuit Court of Appeals has set aside all remaining convictions of Jerry Marchelletta, Jr. and Jerry Marchelletta, Sr. — the father and son owners of well-known Alpharetta, Georgia-based drywall construction company The Circle Group — and their former bookkeeper, Terri Kottwitz. The December 22nd ruling invalidating the last remaining conviction follows an August 19th decision earlier this year by the Court that struck down all other tax charge convictions. The federal government has relentlessly pursued its case against the Marchellettas since 2001, and now has nothing to show for its long and costly investigation and prosecution. “We have maintained our innocence all along and we are gratified that through the Court’s recent actions we have received a huge measure of justice,” said Jerry Marchelletta, Jr., who founded Circle Industries in 1993. “My family, employees and I are grateful to our loyal friends, customers and vendors who stood by us through this long and painful ordeal, never once doubting our integrity or our innocence. We are truly humbled by your friendship and show of confidence. We look forward to continuing to grow our business as we always have — fairly, honestly and through hard work of the highest quality service,” Marchelletta said. The most recent court ruling is the third in a series of legal victories for the Marchellettas. On December 20th the U.S. District Court for the Northern District of Georgia soundly rejected the Internal Revenue Service’s attempt to dismiss charges filed by the Marchellettas against the agency in a complaint alleging multiple violations of the Freedom of Information Act (FOIA), after the IRS refused to turn over thousands of pages of documents related to the investigation and prosecution of the Marchellettas. In rejecting the government’s Motion for Summary Judgment to keep the documents secret, the Court cited numerous inconsistencies in the trial testimony and sworn declarations of the lead IRS Special Agent in the case, Patricia Bergstrom. The Court’s ruling now paves the way for Marchelletta attorneys at the Bernhoft Law Firm to depose key government agents and open new discovery of prosecution documents never before released to the Marchellettas. “This case should never have gone to indictment in the first place. At most it was a civil tax matter that should have been resolved in a civilized manner. But for now, these recent court victories prove that the American legal system does indeed work, and that innocent people can persevere against the odds and obtain the justice they deserve,” said Robert G. Bernhoft, lead counsel for the Marchellettas. He concluded, “The Marchellettas and the entire Circle Group team look forward to putting an end to this long, costly, and unnecessary legal fight that has hurt so many and accomplished so little.” |
