By KATHRYN MARCHOCKI
New Hampshire Union Leader Staff
Thursday, Apr. 26, 2007
Since U.S. marshals legally took custody of convicted tax evaders Edward L. and Elaine A. Brown this week, the closest agents have got to the Plainfield couple is from the other end of a telephone line.
Marshals weren't even at the Browns' 103-acre Plainfield property Tuesday when a federal judge sentenced the couple to 63 months in federal prison and U.S. Marshal for New Hampshire Stephen R. Monier said he has no plans to create a standoff that could trigger a violent end.
"We're not going to go there and create an armed confrontation," Monier said yesterday, noting the Browns are armed and have threatened a Waco-style conflict if marshals try to serve them with federal arrest warrants.
Rather, law enforcers are biding their time and keeping their distance from the couple they say doesn't pose a flight risk and, by all accounts, has been living in a sort of self-imposed exile at their hilltop home.
The Browns pledge to remain in the house despite regular telephone calls from a member of Monier's staff, who so far has been unsuccessful in prodding the couple to turn themselves in.
"He's not getting away with it. There have been warrants issued. He is subject to arrest. He is holed up in his house, and the warrants will be served," Monier said. The timing of arrests "is at the discretion of law enforcement," he added.
A defiant posting on the couple's MySpace account yesterday said they were "ordered to turn themselves in 11 days. not sure what the deadline is ... they are not going to allow themselves to be subject to our governments rule."
Monier said he has not set any deadlines on serving the warrants or the couple's surrender.
"We would like them to do it soon. But there is no timeline," he said.
Once warrants are served, Monier said the couple would be handed over to the Bureau of Prisons, which will decide where they will serve their sentences.
Monier issued a stern warning to anyone caught helping the Browns escape justice.
"People who are aiding and abetting and providing (them) comfort, if they are helping the Browns obstruct justice and avoid apprehension, they are subject to arrest and prosecution," Monier said.
He singled out anyone who might provide the Browns, now convicted felons, with weapons and ammunition.
Monier would not specify how authorities plan to enforce this, though he said he does not intend to stop people from visiting the couple.
"We will take all reasonable steps to resolve this peacefully," Monier said. He said his strategy would change if the Browns take steps that "change the dynamics of the scenario."
63-month terms
The Browns not only have a 63-month prison term hanging over their heads, but also face a federal order to forfeit $215,890 in postal money orders they bought to disguise large financial transactions. The purchases were part of a scheme to hide their income and avoid taxes on Elaine Brown's income of $1.9 million between 1996 and 2003. The order includes forfeiting portions of their interests in both their West Lebanon and Plainfield properties.
The judge also said the Browns must file accurate income tax returns for 1996 through 2003 and abide by any repayment schedule set by the Internal Revenue Service. The couple have not filed tax returns since 1996, claiming no law requires them to pay federal income taxes.
Whether new charges will be brought against the couple for other alleged criminal activity or failing to comply with the terms of their sentences will be up to the U.S. Attorney's office, Monier said. As convicted felons, the Browns could face felony charges for possessing weapons.
The U.S. Attorney's office has not commented on whether it intends to seek further charges.
Brown has refused to leave his home since he stopped showing up at his trial Jan. 12 and an arrest warrant was issued. His wife returned to the home Feb. 20, violating her bail conditions and resulting in an arrest warrant against her.
He was quickly joined by a band of supporters -- some claiming to be armed -- who often gathered at the foot of the couple's driveway bearing flags and signs. But their numbers have dwindled and the house now appears like any other though the couple still gets frequent visitors, Plainfield Police Chief Gordon A. Gillens said.
Brown has been in "survival mode for years," stockpiling food, supplies and large supplies of fuel for his generators should he be cut off from the main power grid, Gillens said. Meanwhile, sympathizers have been doing what they call "food runs" for the couple, bringing in fresh groceries so they don't have to venture outside.
103 days
No one has seen Edward Brown around town in the 103 days since he walked out of the federal courthouse, Gillens said. Still, he wouldn't be surprised to learn Brown left his property where he would make himself vulnerable to arrest.
"I just have known Ed for a long time, and I wouldn't put it past him that he wouldn't try to pull something to sneak out sometime," Gillens explained.
Brown has a small fleet of vehicles that come and go from the property, many bearing Constitution Rangers medallions on their doors, Gillens said.
"It looks like a U.S. Marshals badge from out West," he said. "At first glance, you would think it is a legitimate law enforcement agency and they stamp out very realistic badges and identification cards."
Brown, who has claimed membership in the Constitution Rangers, a militia group favoring limited government, has not been seen in the vehicles, he said.
"I wouldn't guess either way whether Ed would follow through on his threats. We have to be very leery of it. It's always a possibility," Gillens said.
He supports Monier's patient approach to resolving the situation.
"He (Brown) is convicted of a tax evasion felony. He hasn't committed any violence against anybody," Gillens said.
"I would rather have Ed around as a felon than some of these drug dealers who are known to carry arms and can be violent at times," he added.