United States of America v. Mendez, No. 5:2013cv02167 - Document 5 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT OF PERMANENT INJUNCTION AGAINST JUAN MANUEL MENDEZ by Judge Christina A. Snyder: Upon Stipulation 4 , IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Mendez, and his representatives, agents, servants, employees, and anyone in active concert or participation with him are permanently enjoined from directly or indirectly or indirectly acting as a federal tax return preparer or requesting, assisting in, or directing the preparation or filing of federal tax returns or other tax forms or documents for any person or entity other than himself (or his spouse if he files a joint return), etc. Defendant Mendez understands that this Final Judgment of Permanent Injunction will constitute the final judgment against him in this civil injunction action. See document for details. (MD JS-6. Case Terminated). (gk)

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United States of America v. Mendez 1 2 3 4 5 6 7 8 9 10 11 Doc. 5 ANDRÉ BIROTTE JR. United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division JAMES C. HUGHES (CA SBN 263878) Assistant United States Attorney Room 7211 Federal Building 300 North Los Angeles Street Los Angeles, CA 90012 Telephone: (213) 894-4961 Facsimile: (213) 894-0115 RICHARD G. ROSE Trial Attorney, Tax Division United States Department of Justice P.O. Box 7238, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 616-2032 Facsimile: (202) 514-6770 Email: richard.g.rose@usdoj.gov JS-6 Attorneys for Plaintiff the United States of America 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION 15 16 UNITED STATES OF AMERICA, 17 Plaintiff, 18 19 vs. JUAN MANUEL MENDEZ, 20 Defendant. 21 22 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. EDCV13-2167-CAS(RZx) [Proposed] FINAL JUDGMENT OF PERMANENT INJUNCTION AGAINST JUAN MANUEL MENDEZ 23 24 Pursuant to the “STIPULATION FOR ENTRY OF FINAL JUDGMENT 25 OF PERMANENT INJUNCTION AGAINST JUAN MANUEL MENDEZ” filed 26 concurrently herewith: 27 /// 28 /// 1 Dockets.Justia.com 1 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 2 1. The court has jurisdiction over defendant Juan Manuel Mendez, and 3 over the subject matter of this proposed action pursuant to 28 U.S.C. §§ 1340 and 4 1345 and 26 U.S.C. § 7402(a). 5 2. Pursuant to 26 U.S.C. §§ 7402 , 7407 and 7408, Defendant Mendez, 6 and his representatives, agents, servants, employees, and anyone in active concert 7 or participation with him are permanently enjoined from directly or indirectly or 8 indirectly: 9 a. Acting as a federal tax return preparer or requesting, assisting in, 10 or directing the preparation or filing of federal tax returns or other 11 tax forms or documents for any person or entity other than himself 12 (or his spouse if he files a joint return). b. Engaging in any other activity subject to penalty under 26 U.S.C. 13 §§ 6694, 6695, or 6701; and 14 c. Engaging in conduct that substantially interferes with the 15 administration or enforcement of the internal revenue laws. 16 17 3. Defendant Mendez waives the entry of findings of fact and 18 conclusions of law under Rules 52 and 65 of the Federal Rules of Civil Procedure 19 and 26 U.S.C. §§ 7402, 7407 and 7408. 20 4. Defendant Mendez understands that this Final Judgment of Permanent 21 Injunction will constitute the final judgment against him in this civil injunction 22 action. Defendant Mendez waives any right he may have to appeal from this Final 23 Judgment of Permanent Injunction. 24 25 26 5. Defendant Mendez consents to the entry of this Final Judgment of Permanent Injunction and agrees to be bound by its terms. 6. Entry of this permanent injunction resolves only this civil injunction 27 action, and neither precludes the government from pursuing any other current or 28 future civil or criminal matters or proceedings, nor precludes Defendant Mendez 2 1 from contesting his liability or guilt in any other matter or proceeding. Nothing in 2 this Stipulated Final Judgment of Permanent Injunction relieves Defendant Mendez 3 of any obligation imposed on him in the criminal case entitled United States v. 4 Juan Manuel Mendez, Case No. 2:11-cr-01073-R (C.D. Cal.). 5 7. Nothing in this Stipulated Final Judgment of Permanent Injunction 6 precludes the Internal Revenue Service from assessing taxes, interest, or penalties 7 against him for asserted violations of the Internal Revenue Code, nor precludes 8 Defendant Mendez from contesting such taxes, interest, or penalties. 9 8. This Court shall retain jurisdiction over the defendant, Juan Manuel 10 Mendez and over this action to enforce this injunction and the United States shall 11 be entitled to conduct discovery to monitor Defendant Mendez’s compliance with 12 the terms of this injunction entered against him. 13 IT IS SO ORDERED. 14 15 DATED: December 2, 2013 CHRISTINA A. SNYDER UNITED STATES DISTRICT COURT JUDGE 16 17 18 Respectfully Submitted, 19 ANDRÉ BIROTTE JR. United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division JAMES C. HUGHES Assistant United States Attorney __________/S/_________________ RICHARD G. ROSE U.S. Department of Justice, Tax Division 20 21 22 23 24 25 26 27 28 Attorneys for Plaintiff United States of America 3

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