DOJ-OGR-00010193.jpg
564 KB
Extraction Summary
9
People
4
Organizations
0
Locations
4
Events
6
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
564 KB
Summary
This legal document, a letter from Zuckerman Spaeder LLP to Judge William H. Pauley, III, argues on behalf of a client named David. It contends that while David was convicted for 'backdating' transactions, the jury's acquittal on more serious tax evasion and conspiracy charges suggests they believed he was unaware of the illegality of the Jenkins tax shelter scheme itself. The letter posits that David was given comfort by the participation of major entities like Deutsche Bank and believed he was exploiting a legal 'loophole'.
People (9)
| Name | Role | Context |
|---|---|---|
| William H. Pauley, III | The Honorable |
The document is addressed to The Honorable William H. Pauley, III.
|
| Shih |
Introduced David and his partner Rod McKay to Daugerdas.
|
|
| David | Client/Defendant |
A central figure in the document, involved in tax shelters, partner of Rod McKay, and co-defendant of Craig Brubaker.
|
| Rod McKay | Partner |
Mentioned as David's partner.
|
| Daugerdas |
An individual to whom David and Rod McKay were introduced and with whom they did business.
|
|
| Craig Brubaker | Co-defendant |
Mentioned as David's co-defendant who received a complete acquittal.
|
| Irwin Mayer |
Mentioned in a footnote as the author of a letter to Bob Price.
|
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| Bob Price | General Counsel |
Mentioned in a footnote as the recipient of a letter from Irwin Mayer and as Alex Brown's general counsel.
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| Alex Brown |
Mentioned in a footnote in the context of his general counsel, Bob Price.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| ZUCKERMAN SPAEDER LLP | law firm |
Appears on the letterhead of the document.
|
| Deutsche Bank | company |
Mentioned for its participation in tax shelters, which was approved at the bank's highest levels.
|
| Jenkins firm | firm |
A prominent firm associated with the tax shelters mentioned in the document.
|
| Alex Brown | company |
Mentioned in a footnote as the entity for which Bob Price served as general counsel.
|
Timeline (4 events)
A jury trial where David was acquitted on tax conspiracy and substantive tax evasion counts, and his co-defendant Craig Brubaker was completely acquitted.
Relationships (6)
They were co-defendants in a legal case.
Bob Price is described as Alex Brown's general counsel.
Irwin Mayer sent a letter to Bob Price, as mentioned in a footnote.
Key Quotes (2)
"loophole"Source
— Daugerdas and his partners (believed by David)
(Describing what David and others believed Daugerdas had found, which could be exploited until closed.)
DOJ-OGR-00010193.jpg
Quote #1
"backdating"Source
— The author of the document
(Describing three transactions that led to David's convictions for mail fraud and tax obstruction.)
DOJ-OGR-00010193.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,653 characters)
Case 1:09-cr-00581-WHP Document 604 Filed 03/16/13 Page 9 of 14
ZUCKERMAN SPAEDER LLP
The Honorable William H. Pauley, III
March 7, 2013
Page 9
March 7, 2013
Page 9
the relationship. Shih introduced David and his partner Rod McKay to Daugerdas, and they began doing business.
As the Court knows, Deutsche Bank's participation in the tax shelters was approved at the bank's highest levels.⁵ That fact, coupled with the prominence of the Jenkins firm and the knowledge that other law and accounting firms were marketing similar products, gave David comfort that the tax shelters were lawful. Like many others, he believed that Daugerdas and his partners had found a “loophole” that could be exploited until it was closed. From 1998 to 2001, tax shelter trades became a part of David's business.
As we see it, the jury accepted the proposition that David was not a culpable participant in the overall Jenkins tax shelter scheme. His acquittal on the tax conspiracy count and the substantive tax evasion counts (and the complete acquittal of his co-defendant Craig Brubaker) confirm the point. The jury, it seems, concluded that David did not know that a lack of economic substance made the Jenkins shelters illegal. If that is correct, then David’s convictions for mail fraud and tax obstruction reflect his involvement in the three “backdating” transactions. In each instance, trades effected in one year (e.g., 2002) were used to generate tax
⁵ See, e.g., Tr. 2965 (discussing letter from Irwin Mayer to Bob Price, Alex Brown's general counsel); Tr. 5678-79 (confirming that approvals from legal, credit, tax and compliance had been obtained for the Homer transaction).
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