Rapper Dmx's, attorney Murray Richman used an unusual tactic in court on Wednesday by playing the rappers hit song "Slippin" as an attempt for lenient sentencing for tax fraud, yet DMX was still sentenced to one-year in jail. "Brazen and Blatant," said U.S District Judge Jed Rakoff as he describes Simmons Tax Fraud crime that could not go unpunished.
According to a report by Reuters, the U.S District Judge Jed Rakoff allowed DMX's request to play his song “Slippin” during court to mentally prepare to face the consequences of his actions after admitting guilt for tax fraud.
Rapper DMX's given name is Earl Simmons, and he owes $1.7 million in taxes from album sales and living a "cash-only Lifestyle." "I'm Slippin, I'm Fallin, I can't get up" is part of lyrics to the main chorus of the song, in which DMX shares his difficult childhood, yet still trouble continues to follow during his fame.
A criminal in a comic book
Last year Simmons, 47 was arrested in New York on Federal tax fraud, Reuters pointed out. According to U.S Attorney Richard Cooper, DMX engaged in tax fraud between 2000 and 2005. In 2017, Simmons earned millions from his hit songs in 2003 like "X gon give it to ya" and albums such as "Flesh of my flesh, Blood of my Blood," in which the 1998 song "Slippin" was released and "It's Dark and Hell is hot." Simmons had set up accounts using different names while paying personal expenses with cash.
"He essentially went off the grid at a certain time," said Cooper.
Simmons attorney argued that the rapper's difficult childhood upbringing did not prepare him for the financial responsibilities that came with success. DMX admits to not abiding by the rules, he claimed that the accounts were in the names of his managers, ex-wife and one of his children's mother.
The rapper insists his actions for the criminal charges were not deliberate. "I never went to the level of tax evasion where I'd sit down and plot ... like a criminal in a comic book," said DMX while addressing the court. The government claims that Simmons is trying to shift the blame to others rather than taking account of his actions.
'I'm slippin, I'm fallin, I can't get up'
Attorney Murray Richman explained his tactics for playing "Slippin" and sending other compositions such as "The Convo," with lines "Thou shall not steal, but I will to eat. I tried doin' good, but good's not too good for me," was a way to help judge Rakoff understand DMXs voice, since he may be too emotional to speak on his own.
"It was a salvation of sort to shut out the noise," said Richman, who requested Simmons receive a 60-day study by qualified consultants rather than prison time. Richman believes that would "rehabilitate and enable" his client which will allow him to return the stage and earn back the $1.7 million in taxes and support his 15 children.
This past year has been rough for Simmons who was found unconscious on the floor of a Yonkers hotel room. The rapper DMX pleaded guilty last November one account of tax fraud. Simmons has been incarcerated since January of 2018, judge Rakoff revoked his bail after failing a drug test and traveling to ST. Luis without a court-mandated drug counselor.
Does star power equate to a free pass?
The prosecutor requested a five-year Prison Sentence for Simmons, urging judge Rakoff that the sentencing can be used " to send a message to his defendant and others that star power does not entitle someone to a free pass." Other celebrity arrests such as rapper Ja' Rule - original name Jeffery Atkins - served a two-year sentence for owing 1.1 million in tax debt and singer Lauryn Hill served three months for failing to pay $1.8 million in taxes.
There are various degrees of incarceration for tax fraud, which can be characterized as a misdemeanor punishable up to one year. Serious tax crimes can lead to a minimum of up to three years or a maximum of up to 25-years.
In the courtroom, Simmons shared his addiction struggles and run-ins with the law throughout his life. "God showed what he was willing to do for me," said DMX.
