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559 KB
Extraction Summary
6
People
3
Organizations
0
Locations
2
Events
1
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
559 KB
Summary
This legal document, a letter from the law firm Zuckerman Spaeder LLP to Judge William H. Pauley, III, dated March 7, 2013, argues for a lower sentencing guideline for their client, Mr. Parse. The firm contends that since Mr. Parse was only convicted of three "backdating" transactions, sentencing enhancements for "sophisticated means" and "special skills" are unwarranted, as he did not design the underlying complex tax shelters. The letter provides a total loss calculation of $3,807,988 based on IRS assessments related to the transactions.
People (6)
| Name | Role | Context |
|---|---|---|
| William H. Pauley, III | The Honorable |
Recipient of the letter.
|
| Mr. Parse | Former stock broker and CPA |
Subject of the legal document, convicted of three "backdating" transactions. The letter argues against sentencing enh...
|
| Coleman |
Listed in a loss calculation related to the backdating transactions.
|
|
| Blair |
Listed in a loss calculation related to the backdating transactions.
|
|
| Aronoff |
Listed in a loss calculation related to the backdating transactions.
|
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| Toporek |
Listed in a loss calculation related to the backdating transactions.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| ZUCKERMAN SPAEDER LLP | law firm |
The sender of the letter, representing Mr. Parse.
|
| IRS | government agency |
The Internal Revenue Service, which calculated the additional assessments used for the loss calculation.
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| Deutsche Bank | company |
The bank whose books showed the new transactions related to the "backdating".
|
Relationships (1)
ZUCKERMAN SPAEDER LLP is writing the letter on behalf of Mr. Parse, indicating a client-attorney relationship.
Key Quotes (1)
"used his special skills as a former stock broker and CPA to materially facilitate his design and implementation of the highly-complex financial products that were involved in different tax shelters."Source
— The Report
(Quoted in the letter as the justification for a "special skills" enhancement, which the letter argues against.)
DOJ-OGR-00009516.jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (1,726 characters)
Case 1:20-cr-00330-PAE Document 16166320 Filed 02/24/22 Page 97 of 117
A-5940
Case 1:09-cr-00581-WHP Document 604 Filed 03/16/13 Page 11 of 14
A-5940
Case 1:09-cr-00581-WHP Document 604 Filed 03/16/13 Page 11 of 14
ZUCKERMAN SPAEDER LLP
The Honorable William H. Pauley, III
March 7, 2013
Page 11
March 7, 2013
Page 11
Our lower Guidelines calculation begins from the premise that Mr. Parse was convicted only of the three “backdating” transactions. If that is so, then the proper loss calculation is this:
Coleman $2,738,630
Blair $ 470,035
Aronoff $ 536,770
Toporek $ 62,553
Blair $ 470,035
Aronoff $ 536,770
Toporek $ 62,553
TOTAL $3,807,988
These numbers are based on the additional assessments calculated by the IRS, which are in evidence.
Moreover, if the Guidelines calculation is based only upon the three “backdating” transactions, then the enhancement for “sophisticated means” should not apply. While it is true that the tax shelters created fraudulent tax losses through a series of complex transactions, the “backdating” involved only correcting certain trades -- e.g., canceling a transaction in stock and effecting one in foreign currency. The new transactions were shown in Deutsche Bank’s books in the month in which they occurred. No records were altered. Thus, this is not an instance of “hiding assets or transactions, or both, through the use of fictitious entities, corporate shells, or offshore financial accounts.” See Commentary § 2T1.1 Application Note 4.
Likewise, an enhancement for “special skills” under § 3B1.3 is unwarranted. The Report states that Mr. Parse “used his special skills as a former stock broker and CPA to materially facilitate his design and implementation of the highly-complex financial products that were involved in different tax shelters.” ¶ 64. Mr. Parse, however, had no role in designing the
DOJ-OGR-00009516
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