tag:blogger.com,1999:blog-1519969502186924526.post9030785491827916170..comments2023-10-24T08:00:53.865-05:00Comments on Federal Tax Crimes: Prominent Lawyer Pleads to Mainstream Tax Crimes (8/5/11)Jack Townsendhttp://www.blogger.com/profile/14469823736335455874noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-1519969502186924526.post-36856366975001766022014-05-27T03:30:11.600-05:002014-05-27T03:30:11.600-05:00This is very helpful. It clarifies things
for me. ...This is very helpful. It clarifies things<br />for me. I was searching on line when I come<br />across this form (http://goo.gl/MMuk5M) used it and it worked. You might want to<br />try.Jill Rivasnoreply@blogger.comtag:blogger.com,1999:blog-1519969502186924526.post-7701200817672552332011-08-07T11:36:16.064-05:002011-08-07T11:36:16.064-05:00Unless a law firm acts pursuant the actual or cons...Unless a law firm acts pursuant the actual or constructive control or direction of a federal, state, local or tribal government actor/servant/official with actual or apparent authority, then the firm's request for certifications does not constitute official/governmental action.<br /><br />Even if it is arguable, or for that matter, conceivable, that the firm's actions are imputable to a government actor/servant/official, an attorney or other employee of the firm may object to such certification (on a blanket, or preferably, a particularized basis) on any appropriate ground including but not limited to the Fifth Amendment.<br /><br />Moreover, a general duty to appear and testify is not, in and of itself, a particularized compulsion to answer questions or engage in an act of production of documents or records over one's invocation of one's rights and privileges including but not limited to one's Fifth Amendment right. Therefore, if one does not assert his/her rights and privileges, there could be a deemed waiver, whereupon, the evidence resulting from such waiver could be admissible against the declarant.<br /><br />Finally, forcing an employee to choose between his/her job and his/her Fifth Amendment right could be civilly actionable as well as a potential violation of the employee's Fifth Amendment right as clearly established in such seminal US Supreme Court cases as Garrity, Spivak and Lefkowitz.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1519969502186924526.post-10503813333767639612011-08-05T16:37:47.743-05:002011-08-05T16:37:47.743-05:00What was he thinking?
It seems there may have b...What was he thinking? <br /><br />It seems there may have been an issue if the firm insists on certifications, but, if so, why did it take 9 years to catch up with Mr. O'Brien. Seems their internal controls might be wanting?<br /><br />Secondly, what happens to his law license?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1519969502186924526.post-41242970085425703752011-08-05T14:14:50.974-05:002011-08-05T14:14:50.974-05:00What was this guy thinking ? Schedule K-1's ar...What was this guy thinking ? Schedule K-1's are matched with tax returns. Did he really think we could get away with not reporting several million$ worth of income ?JonFnoreply@blogger.com