Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00411-FMA

Document 23

Filed 05/17/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-411 T (Judge Allegra) ________________________ PRESIDIO ADVISORS, LLC, NORVEST LTD., Plaintiff, v. THE UNITED STATES, Defendant. ______________ DEFENDANT'S STATUS REPORT ______________

Pursuant to the Order of this Court, the defendant files this status report to inform the Court of the status of the criminal proceeding in the United States District Court for the Southern District of New York. As previously reported, John Larson, Robert Pfaff, and their Presidio entities, including Presdio Advisors, Norwood Holdings, and Prevad, Inc., were involved in the development, sale, and implementation of fraudulent KPMG shelters. The United States Attorney for the Southern District of New York is prosecuting an illegal tax shelter criminal conspiracy case against Larson, Pfaff, and others involving entities and transactions intimately related to the matters involved in this case. Since the Court suspended this case, the criminal case is active and ongoing. Subsequent to the prior status report, numerous motions to dismiss filed by various of

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Case 1:05-cv-00411-FMA

Document 23

Filed 05/17/2006

Page 2 of 2

the criminal defendants have been denied by the District Court. In addition, the District Court has addressed several motions regarding discovery by the criminal defendants, denying most of them. At this time, the case remains set for trial beginning September 11, 2006. Defendant believes that the suspension of all proceedings in this case continues to be appropriate until resolution of the criminal case and the ongoing criminal investigation. Respectfully submitted, May 17, 2006 Date s/ David R. House DAVID R. HOUSE Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 616-3366 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section Of Counsel Attorneys for Defendant

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