Free Other Notice - District Court of Arizona - Arizona

l TIMOTHY C. HOLTZEN
Attorney at Law
2 245 W. Roosevelt St.
Phoenix, Arizona 85003
3 State Bar No. 004723
(602) 799-6336
4 (602) 368-9140 fax
5 Attorney for Defendant
6
7 UNITED STATES DISTRICT COURT
8 DISTRICT OF ARIZONA
United States of America, )
9 ) N0. CR 03-0974-PHX-DGC
Plaintiff, )
10 ) NOTICE OF FILING AFFIDAVIT
v. ATTACHMENT FOR REPLY TO
l l GOVERNMENT RESPONSE TO
12 Neil Rusty Bond, ) MEMORANDUM RE: NEW TRIAL
Defendant. )
l 3 )
l 4
15 The defendant hereby gives Notice of Filing the Affidavit Attachment for the
16 Reply to Government Response to Memorandum RE: New Trial. The affidavit is that
17 of CPA Gary Gard dated February 28, 2006.
18 RESPECTFULLY SUBMITTED this 28th day of February 2006.
19 /s Timothy C. Holtzen
Timothy C. Holtzen
20 Attorney for Defendant
2 l
Copy ofthe foregoing served by ECF filing
22 thisgfg day of February 2006 to:
Michelle Hamilton-Burns
23 Assistant U.S. Attomey
24 filbiidéganko, U.S. Probation
25 and faxed/mailed to:
Neil Rusty Bond
26 Defendant
27
28
Case 2:03-cr-00974-DGC Document 178 Filed O2/28/2006 Page 1 of 3

2r E02S7BB22l CAROL GARD AND Assoc PAGE a2
I, Gary E. Gard, being first duly swom upon oath, deposes and says:
l. I am a Certified Public Accountant duly licensed to practice
as a Certified Public Accountant in the State of Arizona since
December 3, 1979.
2. I have over twenty (20) years experience as a federal agent
doing tax and white—collar criminal investigations.
3. My general practice consist ofthe preparation of federal and state
income tax returns and forensic accounting.
4. I went to the Internal Revenue Service building located at 3“* Street
and Earll in Phoenix on October 31, 2005 to obtain **150 posting"
transcripts on Neil Bond’s tax account with the Internal Revenue
Service. I was told that it would take about 10 days to receive these
documents in the mail. I did not receive these documents until the
middle of December 2005.
5. After leaving the Intemal Revenue Service building on the same day,
I went to the Social Security Office building located at 16241 North
Tatum Boulevard in Phoenix. I went to this office so I could interview
a specialist in the area of residual income earned by a self·employed
person. The person I was assigned to was at window #1. This man
did state that the Social Security Administration (SSA) looks at net
income and a person’s tax returns. It is not gross income that they
review. He did not know how much income a seltiemployed person
who was on disability could earn, but he thought that it was $500.00
per month. He could not answer questions about instuance agents
receiving income from selling instuance in prior years. He told me
that I would have to go back to the waiting area, and that he would put
by name in to speak with a person who would know the answers to my
questions.
6. After waiting about 15 to 20 minutes, I was called back to a secured
area and met with lady by the name of Anna VanHerck, desk # FEI 3.
She stated that SSA reviews a self-employed person’s tax return and
supporting schedules to determine that person’s net income. She could
not give me an answer to how much residual income a self—employed
insurance agent could cam. She stated that it depends on facts and
circumstances of the earnings that would be included as income for a
person on disability. She also stated that it depends on the hours
worked during each month.
Case 2:03-cr-00974-DGC Document 178 Filed O2/28/2006 Page 2 of 3

euze /l;IE|ZL;'1 CAROL CARD AND ASSOC PAGE
7. On December 7, 2005, I went to the Internal Revenue Service Oftice
in Santa Maria, California to obtain Form 4506 (Request for Copy ot`
Tax Retum) to send to the Internal Revenue Service (IRS) to obtain
Neii BO1‘ld°S 1996 tax return. I also sent along with Form 4506 my
personal check in the amount of $39.00 dated December 8, 2005. I
was told at the Phoenix IRS office that they would be able to send me
a copy of this return if I requested it. I received a form letter from the
IRS on February 3, 2005 that was dated January 27, 2006, that my
$39.00 payment would be returned to me in the form of a United
States Treasury check, as they had already cashed my check. The
letter also stated that they could not send me a copy of the I996 tax
return that I had requested due to the fact that the IRS has destroyed
tax returns for the tax years before 1998.
DATED THIS day of February, 2006
SUBSCRIBED and SWORN to be before me this day of
February, 2006.
Ndfary Public
My commission Expires: yefrigag; KAREN G- MHFIMDI-
F notary Puene - Arizona
_ · E f1"|I'I‘Il$ I IFES
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July 26, 2oos p
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