Free Joint Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00304-BAF

Document 38

Filed 01/14/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________ No. 05-304 T (Senior Judge Bohdan A. Futey)

MIPW I ACQUISITIONS, LLC, by and through RGMRE MANAGEMENT, LLC, a Partner Other Than the Tax Matters Partner Plaintiff, v.

THE UNITED STATES, ______________ JOINT STATUS REPORT ______________

Defendant.

Pursuant to the Court's order of November 19, 2007, the parties hereby provide the following joint status report. The criminal proceedings in the Southern District of New York led the Court to stay this case in October 2005. United States v. Stein, et. al. (No. S1 05 Cr 888, S.D.N.Y.). The dismissal of 13 defendants in the Stein case is on appeal. Three of the remaining defendants are scheduled for trial in September 2008, pursuant to a November 16, 2007, order of the district court. The United States is seeking an earlier trial date for David Greenberg, the promoter of the alleged tax shelter transaction at issue here. A superseding indictment issued against him on November 9, 2007 (No. SR4 05 Cr. 888, S.D.N.Y.) It is anticipated that the district court will address the matter of an earlier trial date for David Greenberg at, before, or shortly after the scheduled -1-

Case 1:05-cv-00304-BAF

Document 38

Filed 01/14/2008

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January 30, 2008, conference in Stein. If the Court does not permit Greenberg to be separately tried on the new indictment, he will likely be tried in the September 2008 trial. Continuing the stay of these proceedings will prevent harm to the criminal prosecution and permit the United States the opportunity to mount a full and complete defense in this case unencumbered by claims of Fifth Amendment privileges and with access to all relevant information once the criminal proceedings are concluded. In addition to the pendency of the criminal proceedings in Stein, continuing the stay in this case is justified by the prospects of settling this case without further court proceedings. Plaintiff submitted a revised offer to settle all issues in this case by letter dated December 18, 2007. For the reasons set forth above, the parties support a continuance of the stay in this action pending the completion of the proceedings in the related criminal proceeding or the settlement of this action.

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Case 1:05-cv-00304-BAF

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Filed 01/14/2008

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Respectfully submitted, 1/14/2008 Date s/Farley P. Katz FARLEY P. KATZ Strasburger & Price, LLP 300 Convent Street, Suite 900 San Antonio, Texas 78205 (210) 250-6007 Counsel for Plaintiff 1/14/2008 Date s/Robert J. Higgins ROBERT J. HIGGINS 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) 307-6580 RICHARD T. MORRISON Acting Assistant Attorney General STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section DAVID GUSTAFSON Chief, Court of Federal Claims Section 1/14/2008 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant

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