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Clerk of Court Phillips arrested in Anderson for failure to pay taxes
Cathy Phillips
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South Carolina Department of Revenue and Taxation authorities have charged Anderson County Clerk of Court Cathy Phillips with six counts of failure to collect taxes, account for taxes or pay over taxes to a government agency.
Phillips was arrested and booked into the Anderson County Detention Center at 2 p.m. Friday.
The charges stem from a one-year period when Phillips was allegedly in charge of bookkeeping for DTP Drywall, Inc.
According to the six warrants, income tax money was deducted from employees of that company but was not given to the South Carolina Department of Revenue.
The warrants state that on Feb. 28, 2004, Phillips knew that more than $58,000 in income taxes had been collected, but she “willfully failed to truthfully account for and pay over (to the revenue department)” the accrued taxes.
Phillips was released from custody Friday on a $30,000 personal recognizance bond.
Phillips did not return a telephone call to her home Friday evening.The Clerk of Court’s Office is an elected position. Phillips is an unopposed candidate for the position in the Nov. 4 general election. According to South Carolina’s Constitution, the governor’s office handles issues with the clerk of court’s office.
Gov. Mark Sanford’s spokesman, Joel Sawyer, said the governor would suspend Phillips if a grand jury issues an indictment against her. The suspension would last until the charges are settled in court.
If found innocent, Phillips could be reinstated into the clerk’s position, according to the constitution. If found guilty, it would be up to Sanford to determine how to fill the position until a new person could be elected by the public, Sawyer said.
“The first step is for us to receive an indictment,” Sawyer said.
The constitution also states that the county probate judge would carry out the clerk of court duties, in the clerk’s absence, until the governor appointed a replacement or the public elected a new clerk into the position.
Independent-Mail reporter Charmaine Smith-Miles contributed to this report.
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If found guilty give her the maximum jail time!
If found guilty put her in one of those tent buildings!
i think she;d look good in orange
Send her down to Judge Gilmers court. He'll hang her on the courthouse steps. No PTI in this case.Straight to jail.
HA HA HA HA HA HA HA DAYUM
What is wrong with you people. Cathy Phillips is an outstanding individual who does an incredible job as Clerk of Court. Have a heart and pray for her, don't make hurtful and stupid comments.
Hey exploremore, I'm sure she is an outstanding person, but the last time I checked I'm not being indicted for $58,000 dollars worth of tax fraud! So what does that make me?? EXTRAORDINARY?
This is something from 2004.....Lets please wait and see if she is guilty before hanging her.
I will feel safer with her in jail.
How about we let the legal system run its course before you try her in public. I remember a story on 60 minutes several years back where a bookkeeper had done her job and even cut the checks to pay the payroll taxes but the owners never mailed them to the taxing authority. I know Ms Phillips to be an honest person and hope that this is the case as well.
Good luck Kathy
Last time I noticed, our judicial system is based on the concept of presumed INNOCENT until proven guilty. This is prejudging the woman.
Isn't DTP Drywall the company that her husband owns?
Well another democrat bites the dust. that just leaves Gracie in this county.
I think there may be more to this story.
in response to Rogue
Hey Rogue, If you would read the article, the grand jury has not issued an indictment against her, so she is not being indicted for $58,000.00 as you said. Don't get ahead of yourself. She was just arrested and the cops have arrested innocent people on many occasions.
I can't count too many innocent ones just off the top of my head.
Hey exploremore, Last time I checked I am not being ARRESTED for $58,000 worth of tax fraud from some drywall company! IS THAT ANY BETTER? Indictment, arrested, charged, suspicion, booked, fraud! All bad words in my book!
in response to exploremore
Whether an outstanding person or not, she is in a position of trust that has no wiggle room. Alot of shady stuff has gone on in the Anderson County clerk's office on her watch. Much of it with her signature on it. One very common occurrence is the "past posting" of judges signatures. Another is Cathy taking actions outside of her authority. Another is denying persons, not represented by attorneys, the same rights, privileges and treatment in their own defense. If she doesn't like a motion you have filed, she will just refuse to schedule it. Although the rules of court require her to sign subpoenaes on your behalf, she refuses to if she doesn't like who or what they are for. Cathy routinely breaks the law in denying the average citizen their rights. People are afraid to challenge her because she is so entrenched and lawyers need the Clerk of Court on their side in order to "accomplish" certain things. No, Ms. Phillips, as incredible a job as you feel she is doing, is not the above reproach person you seem to think she is.
SCDOR would not have someone arrested unless the evidence was very significant. They do very thorough investigations. When a company withholds taxes from an employee's check, they're obligated to submit that money. When the W-2's are submitted at year-end, a company has no other choice but to pay or face the consequences. Not only are they stealing from SCDOR, they're stealing from the employees.
I think we're getting caught up in the details way to early in the game. Let's look at the big picture for Anderson County.
Look back over the past year or so with all the arrests and scandals in this county. Look at the press on weekly basis and the picture it paints of this county.
You have comments from those that have their personal interest above that of the entire county. Whatever happened to RIGHT is RIGHT and WRONG is WRONG? What happened to pushing aside those that have a personal gain at stake for the better of all.
We're destroying ourselves!!
I wonder why the IRS doesn't arrest other individuals and businesses that have federal tax liens filed against them. There are thousands of federal tax liens filed at the Anderson County Courthouse. This all sounds a little fishy to me. I wonder who is after Cathy Phillips' job.
in response to momagain45
Oops. I meant to say South Carolina Department of Revenue and Taxation.
in response to momagain45
I feel confident that it has nothing to do with anyone wanting her job. If you know anything about withholding tax, you know SCDOR is only going to put up with so much. There is no excuse for not paying what is withheld from employee's payroll checks.
in response to kickit
No, there is no excuse for not paying withholding taxes but it happens all the time. SCDOR seems to put up with quite a lot from what I've seen.
Hopefully we'll hear the other side of this story soon.
in response to exploremore
I agree wholeheartedly. And how do you know she wasn't set up?? Tell you what, I'll vote for her in whatever she decides to do. If she keeps her post, she's got my vote. Something isn't quite right and she'd have to admit to this before I'd believe a word of what this paper printed about her....you people need Jesus....
in response to rbbugg24
I agree rbbugg24. Something isn't quite right about this. As I said earlier, I wonder who wants her job.
and I'm in agreement w/ exploremore just in case anybody is wandering. Sometimes my wording doesn't quite sound that way
Looks like everyone will finally get to see Cathy Phillips for what she truly is.....fake and phony. Unless you're a Judge, an Attorney or someone that matters in the court system, to Cathy Phillips you are a nobody and she will treat you like a dog. I'm not jumping the gun, I speak from complete experience! I completely believe she is guilty as charged. Those Talbot's sweaters had to come from somewhere.
in response to quy
Guy, I wonder where you get this information from. I totally agree that she is in a position of trust without any "wiggle room". But, your accusations are of concern to me. How can you say she "routinely breaks the law"? I would like for you to give me proof of your accusations.
in response to rbbugg24
rbbugg24, I'm happy you agree. You are so correct, something isn't right and I hope it will all come out and she will be vindicated.
in response to exploremore
The Clerk of Court, in any court setting, holds the keys to "meaningful access" to the Court of Common Pleas. In a criminal proceeding one has the right and can be appointed an attorney. As a citizen, not represented by counsel in a civil matter, "meaningful access" is a precious, if not THE most precious right we have, as it allows us to redress wrongs in a court of law even if you can't afford an attorney to represent you. U.S. Supreme Court rulings on this subject are unambiguous. If a Clerk of Court, through various methods, ie.
1. Giving someone the runaround regarding court procedure.
2. Denying access to records by repeatedly telling you she doesn't know where they are.
3. Failing to apply equally the rules of Court.
4. Basically giving pro se litigants a hard way to go with disinformation, stonewalling or outright refusal to communicate/cooperate.
5. Permitting attorneys rights and privileges (and therefore an unfair advantage) otherwise denied someone defending themselves.
All of this is conducted behind the guise that court officials are not permitted to give legal advice, which they aren't. However, to expand that to any and every question regarding the legal process (i.e. when Cathy is asked questions like "where can I get this form" or "to whom do I give this" or "where are these files" or "why did you not schedule the motion I filed" and then responds only with "you'll need to hire an attorney" as an answer) and then to treat each person differently based on her like or dislike of you as an individual, means she effectively holds the keys to the gate of justice, at her whim, rather than treating that as your right.
Although these issues may seem mundane to the average person, if the only way you can seek/receive justice is hiring an attorney, that precludes alot of poor/uneducated people from "meaningful access." A right that is at the core of a level playing field between the haves and have nots. Cathy Phillips, by her conduct regarding the above matters, has routinely denied "meaningful access" to pro se litigants as long as she has held that position. That would certainly be deemed unlawful conduct if someone had the money and an attorney to challenge it. The conundrum here is, if someone could afford to hire an attorney to challenge this conduct, they wouldn't have the problem to start with. The problem is limited to the poor, who do not have the money or education to challenge it.
I'm not taking any sides but just because you are poor and/or uneducated doesn't mean you should be allowed special arrangements either. If you're going to represent yourself you still have to do it the proper way. And I emphasize YOU. I've been there and I've worked for lawyers. Court staff in other place don't help anymore either. It's against the law for anyone - Clerk or not - to give legal advice without a license to practice law. I don't think it's the clerk's resposibility to train the public how to be an attorney. Lawyers go to school for 8 years and have more education and experience beyond that to learn their trade. People off the street must take all that for granted; you can't just file a case and expect to have the same advantages. If you don't learn about the law before trying to represent yourself you have no one to blame but yourself. People watch too much Judge Judy. It's not like that in a real courtroom.
But honestly, what does representing yourself in court have to do with this woman withholding funds from a personal business??? Two entirely different matters from what I see.
in response to vote2008
I agree vote2008. If you are going to represent yourself you need to know where to get forms, where to file papers, where files are located, etc. The Clerk's Office can't spoon-feed everyone that comes in the Courthouse. They also can't give legal advice.
in response to birdlover
It is very easy to see, you have not been to Court lately, and don't have the slighest idea how the justicial system works. The last time I had to deal with her, she said I owed 26,000.00 dollars in back child support. (I) had to prove to her that she was WRONG, infact I had overpaid by $2.68 and I told her to keep it cause I expected her to mess that up to. I would say Lock Her Up, but the truth is, she is in with the good ole boy's and will probally get a smack on the back of her hand and a raise.
I think Ms Phillips is an honorable woman and innocent of the charges. I think it will be proven that the SCDOR did not follow their own policy and procedures in bringing these charges. A person is innocent until proven guilty. But it seems some of you vultures just love to pick someone apart on the slightest pretense and try to settle personal grudges here. Grow up!.
There is an old saying "the chickens have come home to roost" and in this case, they have. Also, everything you do in the dark must come to light. All of you who support her either work for her, have family that work for her, or "attend church " with her. Some of you in the Clerk of Court better get ready for an investigation of your office. There is a lot of shady stuff going on.
in response to ptown
I "support" her and I do NOT work for her, have family that works for her or go to Church with her.
Now I can see why the "crook" I was married to thought so much of her and spoke of what good friends they were...they were birds of a feather.....
in response to momagain45
That's good momagain45 that you "support her" so get ready to "support her" in court and pay her fine for her. A lot of support goes a long way.
Whatever ptown. Grow up!
in response to momagain45
you must be related to her then. If not, all I can say is "wow, she has alot of people fooled." And the most important thing is you better watch your back. She's real good at stabbing you in it.
in response to momagain45
momagain45 Get a life!!!
in response to momagain45
Thank you vote2008 and momagain45, I could not have summarized any better myself, the list of answers you hear and why people receive no help from the clerk of court's office . It's almost as though they all got a memo or something. Only attorneys, people who work for attorneys, people who are part of the justice system and who are too lazy to do their jobs, feel that way. Everyone else, finding themselves in the position to defend against a lawyer without help, feel raped and helpless at the treatment they receive.
Lest you forget, the position of clerk is an elected position. Elected people represent the people (their constituents) and appointed people represent the government. That means that position is there to represent the people. The clerk is the key in the lock of "meaningful access". If she decides what she will and will not do (irregardless of the law or rules) based on who you are and how she feels about the situation, that is wrong, I don't care how you try to excuse it. I already stated they cannot give legal advice. However, there is a big difference between legal advice (interpreting codes, statutes and case law) and cooperating and explaining the workings of your office, THAT is not legal advice. The concern is her inability to know the difference and her lack of desire to help the people who elected her.
In response to the two of you, remember some people end up on the defense side without attorneys and without funds to hire one. Should they just be helpless in the face of someone with the money to hire an attorney? No, justice and a level laying field demand "meaningful access" and answering every question with "hire a lawyer" isn't it.
in response to nomadron
Innocent until proven guilty only applies in a court of law.
ptown, thanks, I have a very nice life.
oracle, I must admit you've made good point.
Since I've had my hands slapped, I will let this subject rest.
I have moved around and dealt with different court systems. Call Greenville, Oconee, Abbeville or Spartanburg counties and see if they are any more "helpful". You wouldn't pull your own teeth or remove your own appendix, why do people think that being your own legal representative in a court is different? All I am saying is this issue is about something that happened in her personal life and she's getting slammed for people coming into her office that don't know what they're doing.
In response to oracle's comment about the "helpless" without money - lots of people can't afford important things, healthcare for example. That doesn't mean they should be allowed into hospitals with doctors or nurses showing them what to do themselves, free of charge. Just as with the clerk's office, that's a liability that cannot be assumed. It's not that hard to open a book or learn a few court rules from the internet.
As I've said time and time again (Their all Crooked) (ALL) They are for themselves, and that is that. After they've been at their job, (I'm talking all at the courthouse) for a month or two, they think they are doing you a favor, when you ask them to do something !!!!!!!!!
in response to vote2008
Comments are about people's general experience with Cathy. Her personal life? She is Clerk of Court for pete's sake. How are you going to try and make this a "private life" situation. Her position demands the ultimate in character and moral turpitude. This occurred while she was clerk of court, so what, she has a different set of morals when she is on and off the job?
Your examples are misplaced. A hospital is required by law to treat you, whether you have money or not. If you are the defendant in a civil action, you have no choice but to defend yourself if you cannot afford representation. As I said before, only attorneys and people who work for attorneys see it the way you have stated. They're afraid they might miss the opportunity to get paid their exhorbitant hourly rates if someone is told anything. It is the great "we aren't allowed to say anything or we might be liable myth." Well let me tell you, any publicly elected official who refuses to explain the workings of their office, doesn't need to be there. If they don't know the difference between what is "legal advice" and what is explaining the workings of their office, they don't need to be there or need to be educated accordingly. The matter of learning the rules in a book or internet is also irrelevant, if Cathy Phillips chooses to ignore them and do as she pleases.
If they don't want to explain things then they need to come up with an approved little booklet that explains the clerk's duties and what should be done to exercise your right to have "meaningful access" to the courts, whether you have an attorney or not.
The real deal is, they don't want people learning the way it is supposed to be done for fear the public might find out the "right way" is being so abused by lawyers and the clerk's office.
Oracle I appplaud you for your statements, and everything that you stated is 100% true. You should run for Clerk of Court after a special election is held. You are right on the money!!!!
in response to oracle
Excellent post! The dealings I've had with the Anderson County clerk have been anything but pleasant.I know exactly what you and Quy are talking about. Phillips may not be able to give legal advice but that doesn't mean she has to make things as difficult as possible for pro se litigants.
My impression of her is that she's quite snotty and full of herself and if you're not an attorney or a judge then you're not worthy of her time. Pro se litigants are treatly rudely and given the run around.
Maybe getting arrested will bring Miss High & Mighty down a notch or two.
I'm not making it a private life issue. I said this is something that happened in her personal life (it was a personal business, nothing to do with her elected position) and I feel that's irrelevant to the issues of how she deals with pro se people in her office. That may be an issue but not one related to withholding taxes. No one has much to say about the actual event and only talk about her attitude at work.
in response to Freedom_Of_Speech
All of you people on here on just ignorant. If you took the trouble to go to school and get an education, maybe you wouldn't be so stupid.
TO oracle, you are so exactly correct, in every way. To explore more, it seems to me that there might be some things going on that you might NOT want us to explore. To Freddie, I dissapprove of your comment to "all of you people on here are just ignorant" you better watch what you print, I have 8 years of college myself, and while I don't know everything, I certainly do not consider myself ignorant.
Well, let's see what the Grand Jury decides.
Did she willfully withhold payroll taxes? If so, a little jail time should be in her future.
A "not so simple" accounting mistake? Pay the taxes and a fine.
Either way, it does reflect on her professional abilities.
Well, she must have friends at AIM. Did you notice how this story was most emailed and suddenly disappeared from that list altogether? I guess someone gor tired of seeing it as the most prominent story every time they opened the main page of this e-zine.
in response to vote2008
Under every comment it says "Reply to this post".
One of the earlier posts was praising Phillips about what a good job she's doing as the county clerk. That led others who disagree with that to reply to that comment and state their opinion.
Whether she's at DTP Drywall or the clerk's office,it appears that Phillips isn't doing all that's required of her at either place.
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