United States of America v. Simon Jenkins

Filing 6

STIPULATED ORDER OF PERMANENT INJUNCTION against defendant Simon Jenkins, individually and doing business as Jenkins Tax Services. by Judge Dean D. Pregerson (MD JS-6. Case Terminated) (lc)

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1 2 3 4 5 6 7 8 9 10 11 12 13 ANDRÉ BIROTTE JR. United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division VALERIE MAKAREWICZ (SBN 229637) Assistant United States Attorney Federal Building, Room 7211 300 North Los Angeles Street Los Angeles, California 90012 Telephone: (213) 894-4600 Facsimile: (213) 894-0115 Email: Valerie.Makarewicz@usdoj.gov LAUREN M. CASTALDI Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Telephone: (202) 514-9668 Facsimile: (202) 307-0054 Email: Lauren.M.Castaldi@usdoj.gov Attorneys for Plaintiff, United States of America 14 15 UNITED STATES DISTRICT COURT 16 FOR THE CENTRAL DISTRICT OF CALIFORNIA 17 18 UNITED STATES OF AMERICA, Plaintiff, 19 20 21 22 v. SIMON JENKINS, Defendant. ) ) ) Civil No. 13-00732 DDP (PLAX) ) ) Stipulated Order of Permanent ) Injunction ) ) ) ) 23 24 The United States of America (“United States”), has filed a Complaint for a 25 Permanent Injunction and Other Relief against defendant Simon Jenkins, individually and 26 doing business as Jenkins Tax Services (collectively, “Jenkins”). 27 28 Jenkins has consented to entry of this Stipulated Order of Permanent Injunction, Stipulated Order – United States v. Jenkins 1 1 and waives the entry of findings of fact and conclusions of law. Jenkins further 2 understands that this permanent injunction constitutes the final judgment in this matter, 3 and he waives any rights he may have to appeal from this judgment. 4 5 6 NOW, THEREFORE, and for good cause shown, it is accordingly ORDERED, ADJUDGED, and DECREED that: Pursuant to 26 U.S.C. (“I.R.C.”) §§ 7402 and 7407 Simon Jenkins, individually and 7 doing business as Jenkins Tax Services, and his representatives, agents, servants, and 8 employees, are permanently enjoined from directly or indirectly: 9 (1) person or entity other than himself or his lawful spouse for life; 10 11 Aiding or assisting in the preparation or filing of federal tax returns for any (2) Preparing or filing, or assisting in the preparation or filing of tax returns or 12 other related forms or documents for anyone other than himself or his lawful 13 spouse; 14 (3) any other penalty provision in the Internal Revenue Code; 15 16 Engaging in any activity subject to penalty under I.R.C. §§ 6694, 6695, or (4) Appearing as a representative on behalf of any person or organization, other 17 than himself or his lawful spouse, whose tax liabilities are under examination 18 or investigation by the Internal Revenue Service (“IRS”); and 19 20 (5) Engaging in any other conduct that interferes with the proper administration and enforcement of the internal revenue laws of the United States. 21 22 IT IS FURTHER ORDERED that Jenkins shall contact by mail (and also by e-mail, 23 if an e-mail address is known) those persons and entities who have, since January 1, 2005, 24 previously paid or otherwise retained him to prepare their income tax returns, and inform 25 those persons and entities of his consent to this Stipulated Order of Permanent Injunction 26 and attach a copy of the permanent injunction against Jenkins, and to file with the Court, 27 within 30 days of the date the permanent injunction is entered, a certification signed under 28 Stipulated Order – United States v. Jenkins 2 1 penalty of perjury stating that he has done so. The mailings shall include a cover letter in a 2 form either agreed to by counsel for the United States or approved by the Court, and shall 3 not include any other documents or enclosures; 4 IT IS FURTHER ORDERED that Jenkins is prohibited from owning, controlling, 5 or managing any business involving tax return preparation and/or the provision of tax 6 advice, or maintaining a professional presence in any premises, whether an office, place of 7 business, dwelling, or other abode, where tax returns are being prepared for a fee or 8 professional tax services are being provided; 9 10 11 12 13 IT IS FURTHER ORDERED that the United States is permitted to engage in limited post-judgment discovery to ensure compliance with this permanent injunction; IT IS FURTHER ORDERED that this Court shall retain jurisdiction over this action for purposes of implementing and enforcing this permanent injunction; and IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(d)(2), counsel for 14 the United States is authorized to arrange for personal service of this order on the 15 defendant. 16 17 SO ORDERED this 2nd day of May, 2013 18 19 20 _______________________________ United States District Judge 21 22 23 24 25 26 27 28 Stipulated Order – United States v. Jenkins 3

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