Vindictive Prosecution | "Geithner Motion" | Selective Prsecution| Prosecutorial Misconduct | AUSA Faith Devine | OPR Complaint | Unauthorized Disclosure - 6103 |
Treasury Inspector General for Tax Administration - TIGTA Investigation
The Federal Case Against Tax Attorney David Jacquot for his Zealous Representation of Clients Against the IRS
This page contains a repository of documents relating to the prosecution initiated by Assistant United States Attorney Faith Devine against David Jacquot.
Summary of the Vindictive Prosecution
For many years, Mr. Jacquot and the other lawyers in his law firm represented a group of companies known as the xelan Family of Companies. These companies and their clients came under attack by the IRS. The xelan Family of companies provided financial planning and tax advice to their clients. However, they were unjustly accused of being a "ponzi scheme" and other unfounded allegations. AUSA Faith Devine and other government attorneys were involved in a civil case making these allegations against xelan, Mr. Jacquot and others. This case was dismissed at the very first hearing on the matter. The Federal Judge in the case, Larry Burns, wrote an opinion that was harsh to the government and awarded the defendants hundreds of thousands of dollars in attorney fees for having to defend this bogus case.
After this case, AUSA Devine initiated a prosecution of Mr. Jacquot' law firm alleging errors on the corporate tax return. Over the 4 year period investigated, the law firm apparently declared almost $200,000 TOO MUCH income. AUSA Devine improperly withheld exculpatory evidence from the Grand Jury, submitted false evidence to the Court and engaged in other acts of misconduct. These acts of misconduct are the basis for the vindictive prosecution claim in this case. These acts of misconduct are also under review by the Justice Department Office of Professional Responsibility for possible disciplinary action. The Office of Professional Responsibility refused to take action unless the Judge takes action. This lack of disciplinary oversight of Justice Department Prosecutors is a nationwide problem that was addressed recently by the American Bar Association in an article entitled "Roach Motel." (A link to this article is provided below).
Mr. Jacquot has filed a Selective Prosecution Motion that alleges that he is not being treated in the same manner as the political elite such as Secretary of the Treasury Timothy Geithner, House Ways and Means Chairman Charles Rangel (D-NY) and other politically prominent citizens. In support of this Motion are citations to HR 735, The "Rangel Rule Act" that has been introduced in Congress to allow ordinary citizens to avoid penalties and interest on their taxes in the same manner as Congressman Charlie Rangel. It also quotes President Obama stating that his administration should not have two sets of rules, those for the prominent elite and those for ordinary citizens. The Court ruled that Mr. Geithner and Mr. Rangel could not be subpoenaed to testify. The Court then ruled that since Mr.Jacquot is not a racial minority, religious minority or other similar protected class, that he was barred from filing a Selective Prosecution claim.
Mr. Jacuqot's made specific requests for information that the government is required by law to provide him (i.e. discovery). Rather than answer these specific requests, Assistant United States Attorney (AUSA) Faith Devine provided the defendant with a hard drive containing 971,123 documents in 1,271 folders. The documents disclosed are packed with tax returns and other sensitive data of former employees, financial advisors, customers and vendors of the xelan family of companies. When the defendant realized what had been improperly provided to him, he filed a complaint with the Office of the Treasury Inspector General for Tax Administration (TIGTA), stating “None of these people have ever met me or likely even know that I exist, yet their social security numbers and other confidential tax return information has been provide to me (and others).” The complaint alleges that the AUSA Devine and others provided all these other documents in an attempt to bury the relevant information requested amongst so many other documents that review of the same would be impossible before trial. The TIGTA investigation is number 62-0907-0071 and the Special Agent in charge is Daniel Munoz (619) 615-9553. His email is provided below.
The Documents
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CASE BACKGROUND
DECISION IN FIRST CASE
VINDICITVE PROSECUTION - SECOND CASE
The Selective / Vindictive Prosecution Motion a.k.a. The "Geithner Motion"
Supplemental Defense Brief on Selective Vindictive Prosecution
Defense Reply to Government Opposition
Government Motion to Quash Subpoena of Geithner, Rangel and Others
SUBMISSION OF FALSE EVIDENCE
Mr. Jacquot's Motion for Sanctions for Submission of False Evidence
COMPLAINT TO DOJ RE: ILLEGAL ACTIONS OF THE PROSECUTOR
Complaint to the DOJ Office of Professional Responsibility re: AUSA Faith Devine's Improper Acts
UNAUTHORIZED DISCLOSURES
All It Takes for Evil to Flourish is for Good Men to Do Nothing
The price of freedom is eternal vigilance. Rights not defended are rights lost.
Soldiers defend rights on the battlefield.
Lawyers defend rights in the courtroom.
Citizens defend rights through the political process with their vote and voice.
I urge you to be heard on this matter. Listed below are links to government officials that you can contact.
I thank you for your time and attention. This case is not only about me, it is about all of us and our freedoms. Feel free to contact me with your comments and questions. My contact info is on the "Contact Us" page of this web site.
David Jacquot