Free Witness List - District Court of Federal Claims - federal

Case 1:05-cv-00748-CCM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

STOBIE CREEK INVESTMENTS, LLC, JFW ENTERPRISES, INC., Tax Matters and Notice Partner, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 05-748 T 07-520 T (Judge Christine O. C. Miller)

THE UNITED STATES' WITNESS LIST Pursuant to RCFC, Appendix A, Section 15(a), the United States provides this list of witnesses whom it expects to call at trial or may call at trial for case-in-chief or rebuttal purposes. Witnesses The United States Expects to Call at Trial Name David DeRosa Time 2 hrs. Subjects Overpricing of FX options and lack of profit potential of FX options. Lack of financial or investment benefit from shelter transactions. FX markets, option pricing and investment analysis. Recapitalization of Therma Tru, communications with Welleses about J&G tax shelter.

Mark Deutsch

.5 hr.

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Rod Mackay

1 hr.

J&G tax shelter and use of FX options to reduce income taxes, as explained by Paul Daugerdas. Accounting, processing and recording of FX options at Deutsche Bank for J&G tax shelters. Recording of details of J&G tax shelters sold by David Parse, including Welleses' transactions. Communications with Jeff Welles about purported FX options. Communications with Jeff Welles about purported FX options. Accounting, processing and recording of FX options at Deutsche Bank. Use of templates to generate trade confirmation for FX transactions used in J&G tax shelter, including Welleses' transactions. Preparation of summary exhibit concerning J&G/ Deutsche Bank Son of BOSS and BEDS shelters

Carrie Yackee

1 hr.

Frank Edwards

.5 hr.

Neil Bresolin

.5 hr.

Rick Pychewicz

1 hr.

Barbara Aprile

.5 hr.

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Witnesses Who May Be Called at Trial Name Jeffrey Welles Time 2 hrs. Expected Topics Implementation and reporting of Jenkens & Gilchrist ("J&G") tax shelter, purported purchase of FX options, formation and operation of Stobie Creek. Implementation and reporting of J&G tax shelter, purported purchase of FX options, formation and operation of Stobie Creek. Implementation and reporting of J&G tax shelter, purported purchase of FX options, formation operation of Stobie Creek. Implementation and reporting of J&G tax shelter, purported purchase of FX options, formation operation of Stobie Creek. Implementation and reporting of J&G tax shelter, purported purchase of FX options, formation and operation of Stobie Creek. Implementation and reporting of J&G tax shelter, purported purchase of FX options, formation and operation of Stobie Creek. Implementation and reporting of J&G tax shelter, purported purchase of FX options, operation of Stobie Creek. 3

Christopher Welles

.5 hrs.

David Welles, Jr.

.5 hrs.

Georgia Welles

.5 hrs.

Virginia Welles

.5 hrs.

Peter Welles

.5 hrs.

Larry Goldstein

1 hr.

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Jeffrey Frankel Richard Levich David Parse

1 hr. 1 hr. 1 hr.

FX markets. FX markets, option pricing and analysis. J&G tax shelter and use of FX options. Communications with the Welleses. We currently expect Mr. Parse to refuse to answer questions based on his 5th Amendment privilege. Accounting, processing and recording of FX options at Deutsche Bank. J&G tax shelters and use of FX options. Communications with the Welleses. We currently expect Mr. Daugerdas to refuse to answer questions based on his 5th Amendment privilege. J&G tax shelters and use of FX options. Communications with the Welleses. We currently expect Ms. Guerin to refuse to answer questions based on her 5th Amendment privilege. J&G tax shelters and use of FX options. Communications with the Welleses. We currently expect Mr. Ivsan to refuse to answer questions based on his 5th Amendment privilege.

Jeanette Michaels

.5 hr.

Paul Daugerdas

1 hr.

Donna Guerin

1 hr.

John Ivsan

1 hr.

4

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Jason Shih

.5 hr.

J&G tax shelters and use of FX options. We currently expect Mr. Shih to refuse to answer questions based on his 5th Amendment privilege. J&G tax shelters and use of FX options. We currently expect Mr. Parker to refuse to answer questions based on his 5th Amendment privilege. J&G tax shelters and use of FX options. We currently expect Mr. Brubaker to refuse to answer questions based on his 5th Amendment privilege. Implementation of J&G tax shelter and communications with SL&K. FX markets. Option pricing and analysis. Communications with the Welleses, J&G, Deutsche Bank and others at SL&K. Implementation and reporting of J&G tax shelter for the Welleses and other clients. Communications with the Welleses, J&G, Deutsche Bank and others at SL&K. Implementation and reporting of J&G tax shelter for the Welleses and other clients. Communications with the Welleses, J&G, Deutsche Bank and SL&K. Implementation and reporting of J&G tax shelter for the Welleses and other clients.

Perry Parker

.5 hr.

Craig Brubaker

1 hr.

Stephen Bores

.5 hr.

Robert Kolb David Waterman

1 hr. `1 hr.

Tom Cotter

1 hr.

Robert Floyd

.5 hr.

5

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Document custodian for Deutsche Bank Roger Hayse, document custodian for Jenkens & Gilchrist David Herpe

.5 - 2 hrs.

Business records foundation for Deutsche Bank records and documents. Business records foundation for Jenkens & Gilchrist records and documents. Creation of Stobie Creek, communications and meetings with Welleses.

.5 - 2 hrs.

.5 hr.

The United States is also filing a motion to admit as substantive evidence the depositions of the witnesses whom it expects to refuse to answer questions at trial, and who also refused to answer questions at their depositions, based on their 5th Amendment privileges: Paul Daugerdas, Donna Guerin, John Ivsan, David Parse, Jason Shih, Perry Parker, and Craig Brubaker. The United States is preserving the right to call them at trial, and listing them as potential witnesses, in case the Court does not admit the depositions into evidence, the Court prefers that the witnesses appear at trial, or the United States determines that their presence at trial is required.

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Respectfully submitted,

s/ Stuart D. Gibson Stuart D. Gibson Attorney of Record U.S. Department of Justice Tax Division Office of Civil Litigation Post Office Box 403 Ben Franklin Station Washington D.C. 20044 (202) 307-6586 John A. DiCicco Deputy Assistant Attorney General David Gustafson Chief, Court of Federal Claims Section Cory A. Johnson Trial Attorney, Court of Federal Jacob E. Christensen Trial Attorney Court of Federal Claims Section s/ David Gustafson Of Counsel Dated: March 12, 2008

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