The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
6 comments:
Prolix post.
They will all need CJA attorneys since the govt. will argue the funds are the proceeds of ill gotten gains and are subject to levy...UNLESS they cooperate and sell out their accountant, lawyer, pool boy, chauffeur and mistress.
Its 4:35 - I'd like to call the Shumie at 4:40 but who knows when David will put this up? Anyway, I'm going home.
The author's subtitle, "Indictments to follow" is proof positive that American "legal minds" are fully aware of the fact the subject summons was brought for an improper purpose. This, combined with the DOJ's blatant recitation of the words “evade” and “evasion” throughout its pleadings, is very revealing.
The IRS and its attorneys at the DOJ abused the Court for the purpose of subjecting their targets the the very broad scope of the IRS “civil” summons, all the while professing openly that the inquiries were criminal in nature and that criminal prosecution was their ultimate goal.
This shameful performance was not objected to by any Americans. They either stood idly by, blogging nonsensically, or cheered on the perpetrators. There should have been outrage from the legal profession over this travesty.
The Swiss gave in too early. They should have stood their ground and let the judge decide the matter. The judge may well have ruled against the U.S. because the record was clear as to the improper purpose of the supposedly “civil” summons.
Recently, Russia thumbed its collective noses at U.S. District Court in Washington, Royce Lamberth, USDC D.C. Russia, and acting as the Swiss should have (as a sovereign Nation) dared the Court to issue an order against it, promising to defy any such order. The case was brought by U.S based members of Chabad-Lubavitch. The Russians argued correctly that "This court has no authority to enter orders with respect to the property owned by the Russian Federation
and in its possession, and the Russian Federation will not consider any such orders to be binding on it,"
Acting like a Nation by invoking sovereignty is to be expected in these circumstances.
Americans know exactly what prevents courts of other nations from issuing orders against the U.S., and it has nothing to do with statesmanship. Bullying is always shameful and morally wrong.
I am okay with tax cheats being brought to justice.
To Anonymous at 7:46 p.m. The "John Doe" "civil" summons as you call it, is more correctly called an "administrative" summons and can be used to investigate civil and/or criminal "offenses" comitted in violation of Title 26 USC, also known as the Internal Revenue Code (IRC). It is clear that you have a bias against the inherent parallel proceedings of this whole UBS investigation. Parallel civil and criminal proceedings such as this are completely legal, as you well know, but apparently don't like. Since you don't like it, get the law changed. If not, get over it. UBS and the Swiss government were dead in the water on this. They knew it and you know it. That's why they cut this deal. The affidavit in support of the summons uses UBS' own confession from it's statement of facts from their deferred prosecution plea.
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