Wednesday, October 15, 2014

Gary Stern Indictment (10/15/14)

A reader just forwarded me the indictment titled United States v. Gary J. Stern (ND IL No. 14 CR 580), here.  (There is something curious about the indictment; the caption states the "Norther" District of Illinois; a typo certainly, but one would think that the word  processing template would /  should preclude such typos related to the identity of the court; oh well.)  The Counts:
  • Count One:  Section 7212(a), tax obstruction, count with a lot of allegations of "corrupt endeavor" conduct.  (Similar to what one sees in a defraud / Klein conspiracy count indictment; oh, but then section 7212(a) is a one person defraud / Klein conspiracy charge (at least until and unless the Supreme Court re-imagines what defraud means).)
  • Count Two: Section 7206(2), aiding and assisting, count with less flowery allegations related to "Taxpayer DJ."
  • Count Three: Section 7206(2), aiding and assisting, count with similarly less flowery allegations related to "Taxpayer PB."
  • Count Four: Section 7206(2), aiding and assisting, count with similarly less flowery allegations related to "Taxpayer SM."
  • Count Five: Section 7206(2), aiding and assisting, count with similarly less flowery allegations related to "Taxpayer RL."
  • Count Six: Section 7206(2), aiding and assisting, count with similarly less flowery allegations related to "Taxpayer BF."
  • Count Seven: Section 7206(2), aiding and assisting, count with similarly less flowery allegations related to "Taxpayer JK."
  • Count Eight: Section 7206(2), aiding and assisting, count with similarly less flowery allegations related to "Taxpayer SR."
I will add more on the indictment later.

I do note that the indictment designation sheet attached is signed by Stephen Heinze.  That is a name from my past, but that is another story (I doubt that I will write anything on it, but I can disclose that I was neither a target, subject, person of interest or otherwise of the earlier matter, although I did represent a client who allegedly fell into one of those categories until leveler heads prevailed).

For an earlier article in the proceedings against Mr. Stern, see Jared S. Hopkins, Feds: Lawyer helped clients claim $16 million in false tax credits (Chicago Tribune 11/6/13), here.  The complaint related to this earlier civil cases is here (from the Chicago Tribunes).

For an earlier blog on the civil proceeding, see Chicago Lawyer Enjoined From Promoting Fraudulent Tax Schemes (Federal Tax Crimes Blog 11/7/13), here.

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