In Brown v. United States, Xavier Brown, a self-proclaimed sovereign citizen, attempted to evade criminal liability for a large-scale retail fraud scheme targeting Home Depot. Brown was convicted on four counts of wire fraud and one count of unauthorized use of an access device, accumulating nearly $600,000 in fraudulent transactions. His case provides a textbook example of how sovereign citizen tactics fail in federal courts and ultimately worsen a defendant’s legal standing.
Brown orchestrated an elaborate retail fraud operation by stealing merchandise from Home Depot stores across the country and returning it for store credit using counterfeit and stolen identities. Evidence presented at trial showed that Brown conducted at least 1,905 fraudulent transactions and used 1,709 counterfeit operator’s licenses, impersonating at least 13 unsuspecting victims. His activities were well-documented by Home Depot’s security cameras, making the case against him overwhelmingly strong.
Following a three-day jury trial, Brown was found guilty on all charges and sentenced to 108 months in prison, to be served concurrently, followed by three years of supervised release.
Sovereign Citizen Tactics in Court
Brown’s legal defense was characterized by classic sovereign citizen strategies, which the court swiftly rejected. From the outset, he refused legal representation, stating that he was not the defendant and rejecting the court’s jurisdiction over him. He filed multiple pro se motions making baseless jurisdictional challenges and insisted that his name was spelled differently (Xaiviar instead of Xavier), claiming this distinction absolved him of responsibility. These tactics, typical of sovereign citizens, were systematically denied by the court.
Throughout the pretrial phase, Brown was combative, refusing to accept mail from the court or government, rejecting his attorney’s assistance, and failing to cooperate with discovery procedures. His disruptive behavior led to his removal from hearings and, ultimately, the revocation of his bond. At trial, he again refused to acknowledge the legitimacy of the proceedings, including declining to wear civilian clothes and rejecting any plea deal presented to him.
Here is a look at some of his obstinance in the courtroom:
Despite Brown’s antics, the trial proceeded, with prosecutors presenting compelling evidence, including surveillance footage and testimony from asset protection officers. Brown’s refusal to engage meaningfully with his defense attorney resulted in no witnesses being called on his behalf, further cementing his conviction.
Following his conviction, Brown filed a motion to vacate or correct his sentence, citing ineffective assistance of counsel. However, the court found these claims meritless, noting that Brown himself had refused to cooperate with his legal representation, vacillating between self-representation and requesting legal counsel at inconvenient moments. His appellate efforts were also unsuccessful, as his appeal was dismissed for failure to prosecute.
Judge Catherine D. Perry, who presided over the case, reinforced longstanding legal precedent that sovereign citizen defenses have no merit in federal court. She included this important conclusion:
Brown treated the case against him like one of his scams, thinking he could somehow avoid conviction by pretending he wasn’t the defendant and continually delaying the trial through his tactics. Not surprisingly, it didn’t work. And now that Brown is serving a lengthy prison sentence, he has decided to blame counsel for his predicament, insisting that his lawyer failed in his defense of this case. As Brown represented himself until trial, any failings in pretrial proceedings lie squarely at his feet, not counsel’s. And because Brown continually refused [*35] to even talk, much less cooperate, with counsel during the pendency of his case, any alleged deficiencies in counsel’s performance are the fault of Brown’s, and Brown’s alone.
Source: Brown v. United States, 2025 U.S. Dist. LEXIS 44799 (E.D. Mo. Mar. 12, 2025).
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