Anti-tax activist to get copies of seized material

Wednesday, April 23, 2003 | 10:49 a.m.

A federal magistrate refused Tuesday to unseal an affidavit for a search warrant that was served against local anti-tax activist Irwin Schiff in February.

Instead, Magistrate Lawrence Leavitt ordered that copies of materials seized from Schiff's East Sahara Avenue business, Freedom Books, be made available to Schiff by the IRS. But Schiff said he plans to file a motion asking Leavitt to reconsider his decision and order the original items returned.

Schiff contends that records and documents taken from his office were illegally seized. If his motion to reconsider is not heard he will appeal the decision to the 9th Circuit Court of Appeals, he said.

There are no criminal charges filed against Schiff in connection with the search warrant that resulted in a truckload of items being taken from Freedom Books, but the IRS is investigating allegations that Schiff and his associates conduct seminars and sell materials designed to help customers evade federal taxes.

Schiff is under a temporary restraining order restricting him and his associates from preparing tax returns or selling material that specifically advises people to break the law.

The order also bars Schiff from selling one of his books, "The Federal Mafia."