Barrie Leslie Konicov
Encyclopedia
Barrie Leslie Konicov is a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 hypnotist, author, and one-time Libertarian
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...

 candidate for the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

. He is the President and chief hypnotherapist of Potentials Unlimited. At one time Konicov sold approximately a million self-hypnosis tapes a year. Konicov is also notable for his involvement in several court cases including United States v Konicov, a 2001 conviction for one count of conspiracy to defraud the United States by impeding, impairing, obstructing, and defeating the lawful governmental functions of the Internal Revenue Service
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...

. He was also convicted on three counts of willfully failing to file Federal income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...

 returns for the years 1994, 1995, and 1996. Konicov received an 87-month prison sentence. The Atlantic magazine named Konicov fourth on its list of the ten biggest tax scofflaws of the 20th century.

Potentials Unlimited

In 1977, with few credentials but a degree in marketing and three weekend courses in hypnosis at Ethical Hypnosis Training Center in South Orange, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

, Konicov established Potentials Unlimited. Konicov states that he began his hypnosis career by conducting group "Weight Loss" and "Stop Smoking" classes in Grand Rapids, Michigan
Grand Rapids, Michigan
Grand Rapids is a city in the U.S. state of Michigan. The city is located on the Grand River about 40 miles east of Lake Michigan. As of the 2010 census, the city population was 188,040. In 2010, the Grand Rapids metropolitan area had a population of 774,160 and a combined statistical area, Grand...

, and recording a tape for each class. His self-help self-hypnosis recordings are distinguished by his soothing voice and what Konicov refers to as his trademark—the words "Hello, Greetings, and Welcome" which begin each recording. Konicov has since created over 200 programs. Konicov states he began training other hypnotherapists in 1981. It was during this time that Potentials Unlimited was raided by the Food and Drug Administration
Food and Drug Administration
The Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...

 because of the claims of the effectiveness of its products. This forced Potentials Unlimited to temper these claims. Daughter Stephanie became the marketing director, eventually hawking recordings as diverse as self-help for thumbsucking and housekeeping in the New York Times business section. The Los Angeles Times described Konicov as a millionaire in 1988; by 1990, Konicov's recordings were selling at a million units a year through vendors like Barnes and Noble. While praised by consumers of his self-hypnosis recordings, the National Council Against Health Fraud compared Konicov's subliminal recordings' underlying philosophy to Scientology
Scientology
Scientology is a body of beliefs and related practices created by science fiction and fantasy author L. Ron Hubbard , starting in 1952, as a successor to his earlier self-help system, Dianetics...

 as having a similar notion: that negative experiences from past lives are transferred to become the basis for hang-ups in this life.

From Libertarian to scofflaw

Konicov's Libertarian political leanings eventually led him to a 1994 bid for Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

 district 3
Michigan's 3rd congressional district
Michigan's 3rd congressional district is a United States Congressional district in Western Michigan. It consists of the counties of Barry, Ionia, and all except the northwest portion of Kent. The district is currently represented by Republican Justin Amash, the second youngest member of the house...

 seat in the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

. He placed third in a race that ended in a landslide for incumbent Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 Vernon Ehlers. Konikov continued the pursuit of greater political liberties through tax protest, founding De-Taxing America and self-publishing his book, "The Great Snow Job" which argues the legitimacy of Federal income tax on the basis that the revenue goes to the privately owned Federal Reserve, not the Department of Treasury. This inspired 138 of his customers to withhold from the government $3.3 million in taxes. Konicov had also not filed his own taxes for 1994, 1995, and 1996. The Internal Revenue Service pursued charges against Konicov, and on June 22, 2001, Konicov was convicted on one count of conspiracy to defraud the United States and three counts of willfully failing to file Federal income tax returns. The trial was prosecuted by the same U.S. Attorney who oversaw the 1981 FDA raid of Potentials Unlimited, Phillip J. Green, who stated in a press release, "At this time, when citizens are uniting, all taxpayers need to pay their fair share. It is these collected taxes that fund the Federal agencies that are currently called upon to serve the safety and security needs of each and everyone. This verdict and sentence should send a strong message to those people who are engaged in similar activities and I urge them to comply with the Federal tax laws." On October 15, 2001, Konicov was sentenced to 87 months in a federal penetentiary followed by three years probation. In addition, the judge ordered Konicov to pay his own back taxes which totaled $11,311.81.

Legacy of The United States of America v Barrie Leslie Konicov

Because of the circumstances surrounding United States v Konicov, The Atlantic magazine listed Konicov among the top ten tax scofflaws of the 20th century. A later appellate court noted in deciding a case related to the right to represent oneself that in US v Konicov, the trial court removed the defendant during trial when he "remained seated when asked to rise for the judge, ignored repeated instructions not to testify during his opening statement, and engaged in a pointless debate over the court’s jurisdiction." However, the court also noted that US v Konicov cannot be used as precedent because, as late as 2008, the case remained unpublished.

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