Court Holds Tax Return Preparer in Contempt of Court for Violating Injunction Order

Dieasha Davis ordered to pay over $24,000 in costs and disgorge all fees she earned since entry of an injunction barring her from preparing federal tax returns  ("Oh Snap!" ) On Friday, a federal court found Dieasha Davis in civil contempt of a permanent injunction barring her from operating a tax return preparation business and preparing federal tax returns for others, the Justice Department announced. 

In the contempt order, Judge Denise Page Hood found that Davis continued to prepare federal income tax returns and profited from preparing tax returns in violation of the court’s injunction, which had been entered against her and the business on September 25, 2017. Davis and the business agreed to the 2017 civil injunction order.

In February, 2019, following an investigation of Davis’ activities, the United States presented to the district court what the court on Friday found was clear and convincing evidence that Davis had violated the injunction. The court entered an order requiring Davis to file a written response to show cause why she should not be held in civil contempt. Davis did not file any response.

Based on the evidence submitted by the United States, the court also found that tax returns Davis prepared in violation of the injunction contained false and fraudulent information after entry of the injunction.

In addition, the court ordered Davis to pay to the United States $24,671 for attorney fees and costs incurred in detecting Davis’ non-compliance and bringing her violations of the injunction to the court’s attention.

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Tax Department to New York "We're Just Following Orders!" Next Stop Nuremberg (Better call Selig and Associates)

Sad but true, the New York State Department of Taxation and Finance has unilaterally decided that New Yorkers must pay excessive penalties – even when they’re not at fault. Specifically, the Tax Department recently announced “Reliance on the advice of an accountant is no longer acceptable as reasonable cause for abatement of penalty” Apparently taking away people’s drivers licenses wasn’t enough, and as such, the State felt it should also circumvent your right raise an affirmative defense. 

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Store Owner Charged with Selling Contraband Cigarettes NYS Tax Department suspends store’s registration to sell tobacco products

The New York State Department of Taxation and Finance suspended the registration required for a Putnam County gas station to sell tobacco products after agents with the department’s Criminal Investigations Division discovered 21 cartons of contraband cigarettes.

The illegal cigarettes, bearing two different counterfeit New York State tax stamps, were seized after a routine cigarette inspection at the Citgo Mart, Inc., 1481 Route 22, in Brewster.

The store’s owner, Mohamed Aljahim, 36, of 45 Decan Smith Hill Road, Patterson, was charged with one felony and one misdemeanor. The defendant is scheduled to appear in court later this month.

“The charges in this case serve as a reminder to all shop owners across the state that selling untaxed cigarettes, no matter how large or small the quantity, is a serious crime that won’t be tolerated,” said Acting Commissioner Nonie Manion. “We will continue to work with prosecutors and all levels of law enforcement as we pursue these cases.” All cigarettes for retail sale in New York State must be purchased by a licensed distributor, and retail dealers must be in possession of purchase invoices showing that the taxes on the cigarettes have been paid. Those found in possession of untaxed cigarettes can face fines of up to $600 per carton as well as a prison sentence.

A criminal complaint is only an accusation; the defendant is presumed innocent until proven guilty. The case will be prosecuted by the Putnam County District Attorney’s Office.

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93% of Prison Inmates are Men and yet, the Inspector General Claims Female Inmates Lack Access to Basic Needs

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• The Office of the Inspector General at the U.S. Department of Justice made public a report on the Federal Bureau of Prisons’ (BOP) management of its female population. 

• One expert found the results “damning” and another found them “horrifying.”

• The report found a lack of access to basic needs for female inmates.

A majority of female inmates in prisons across the U.S. have not been provided basic needs, including feminine hygiene products and access to trauma and pregnancy programs, a Department of Justice (DOJ) investigation into the Federal Bureau of Prisons’ (BOP) management of its female inmate population revealed in a report made public Tuesday.

“Our review identified instances in which BOP’s programming and policy has not fully considered the needs of female inmates, which has made it difficult for inmates to access certain key programs and supplies,” Justice Department Inspector General Michael Horowitz’s report states. While female inmates made up just 7 percent of the total BOP sentenced inmate population of 146,084 as of September 2016, correctional officers have noticed that females have much different, and in some cases stronger, needs. One of the main conclusions from the report, which gathered information between 2012 and 2016, was that while about 90 percent of women are affected by physical and emotional trauma early on in their incarceration, the BOP was unable to provide its trauma treatment program to all eligible female inmates because it only staffed one program director to each institution.  

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