United States of America v. Mitchem

Filing 22

CONSENT ORDER AND ENTRY OF JUDGMENT in favor of United States of America against Jarrett D. Mitchem. Signed by District Judge Martin Reidinger on 3/6/2018. (kby)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) JARRETT MITCHEM, ) ) Defendant. ) _________________________________ ) Case No. 1:17-cv-00139-MRDLH ORDER AND ENTRY OF JUDGMENT This cause comes before the Court on consent of the parties, the United States of America and Jarrett Mitchem. The parties agree that the United States is entitled to entry of a final judgment in its favor and against Jarrett Mitchem with respect to the penalty assessed against him for his failure to report his interest in a foreign bank account. Accordingly, JUDGMENT is hereby rendered in favor of the United States and against Jarrett Mitchem with regard to the 2005, 2006, 2007, and 2008 tax years for his failure to report his financial interest in a foreign bank account, as required by 31 U.S.C. § 5314 and its implementing regulations, in the amount of $2,223,676.81 consisting of the penalty under 31 U.S.C. § 5321(a)(5) in the amount of $2,075,227, accrued interest under 31 U.S.C. § 3717(a) in the amount of $21,207.12 as of February 2, 2017, and an accrued late payment penalty under 31 U.S.C. § 3717(e) in the amount of $127,242.69 as of February 2, 2017. Interest continues to accrue under 31 U.S.C. § 3717(a) from February 2, 2017 until fully paid. The late payment penalty continues to accrue under 31 U.S.C. § 3717(e) at a rate of 6% per year from February 2, 2017 until fully paid. It is further ORDERED that the parties shall bear their own costs in this matter, including any attorney’s fees. IT IS SO ORDERED. Signed: March 6, 2018 // // 2 The plaintiff, the United States of America, and the defendant, Jarrett Mitchem, hereby consent to this final judgment. Date: 2/21/2018 RICHARD E. ZUCKERMAN Principal Deputy Assistant Attorney General /s/ Katherine M. Reinhart KATHERINE M. REINHART Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 227 Washington, D.C. 20044 202-307-6528 (v) 202-514-6866 (f) Katherine.Reinhart@usdoj.gov Counsel for the United States Date: 2/21/2018 /s/ Wes J. Camden WES J. CAMDEN Ward and Smith, P.A. P.O. Box 33009 Raleigh, N.C. 27636-3009 919-277-9100 (v) 919-277-9177 (f) wjcamden@wardandsmith.com Counsel for Jarrett Mitchem 3

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