DOJ-OGR-00009517.jpg
564 KB
Extraction Summary
7
People
2
Organizations
1
Locations
2
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
564 KB
Summary
This legal document, a letter from the law firm Zuckerman Spaeder LLP to Judge William H. Pauley, III dated March 7, 2013, argues for a lenient sentence for their client, David Parse. The letter contends that Parse's role was limited to that of a broker executing trades, not designing or marketing illegal tax shelters, and that the sentencing guidelines are too harsh for his level of culpability. It further notes that of all the brokers performing similar functions for the law firm Jenkins, only Parse and Craig Brubaker were prosecuted, with Parse being the only one convicted.
People (7)
| Name | Role | Context |
|---|---|---|
| William H. Pauley, III | The Honorable |
Recipient of the letter/document.
|
| Mr. Parse | Defendant/Broker |
The subject of the sentencing discussion, whose role is described as a broker executing trades.
|
| Bowman | Author |
Author of a cited article titled 'The Failure of the Federal Sentencing Guidelines: A Structural Analysis'.
|
| Donna Guerin |
Mentioned in relation to her sentencing submission which catalogued sentences for designers of illegal tax shelters.
|
|
| David Parse | Broker |
Identified as the full name for Mr. Parse. It is stated he did not design or market tax shelters but was a broker exe...
|
| Jenkins |
Mentioned as a client for whom brokers, including David Parse, performed functions. The context suggests Jenkins is a...
|
|
| Craig Brubaker |
Mentioned as one of only two brokers prosecuted for performing functions for Jenkins and other law firms, alongside D...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| ZUCKERMAN SPAEDER LLP | Law firm |
Appears on the letterhead, indicating they are the authors of the document.
|
| Jenkins | Law firm |
Mentioned as a law firm for which David Parse and other brokers executed trades ('...function for Jenkins and other l...
|
Timeline (2 events)
Sentencing of David Parse for his role in tax shelter-related transactions.
Prosecution of brokers who performed functions for Jenkins and other law firms.
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the citation 'Smirlock v. United States'.
|
Relationships (2)
The document states that David Parse was one of the brokers who 'performed that function for Jenkins and other law firms'.
The document states that 'he and Craig Brubaker were the only two people who were prosecuted' from the group of brokers performing a specific function.
Key Quotes (3)
"backdating"Source
— ZUCKERMAN SPAEDER LLP
(Describing the type of transactions Mr. Parse was a broker for.)
DOJ-OGR-00009517.jpg
Quote #1
"the amount of loss that actually winds up resulting from a person’s conduct . . . can be arbitrary"Source
— Smirlock v. United States
(Quoted from a legal case to argue that the sentencing guidelines based on loss amount may be too harsh.)
DOJ-OGR-00009517.jpg
Quote #2
"[a]t or near the root of virtually every serious criticism of the guidelines is the concern that they are too harsh"Source
— Bowman
(Quoted from a law review article to support the argument that the Federal Sentencing Guidelines are often considered too harsh.)
DOJ-OGR-00009517.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,733 characters)
Case 1:20-cr-00330-PAE Document 16166320 Filed 02/24/22 Page 98 of 117
A-5941
Case 1:09-cr-00581-WHP Document 604 Filed 03/16/13 Page 12 of 14
A-5941
Case 1:09-cr-00581-WHP Document 604 Filed 03/16/13 Page 12 of 14
ZUCKERMAN SPAEDER LLP
The Honorable William H. Pauley, III
March 7, 2013
Page 12
March 7, 2013
Page 12
tax shelters and did not function as a CPA. He gave no investment advice, and the trades were executed by his assistant. In short, his role as a broker in the three “backdating” transactions is too thin a reed to support this enhancement.
If all of this is correct, then Mr. Parse should be at offense level 24, with a Guidelines range of 51 to 63 months. Of course, we believe that even that calculation produces a range that is still far too harsh. See, e.g., Smirlock v. United States, 2005 U.S. Dist. Lexis 7321 at *6 (noting that “the amount of loss that actually winds up resulting from a person’s conduct . . . can be arbitrary” and may not reflect culpability); Bowman, The Failure of the Federal Sentencing Guidelines: A Structural Analysis, 105 Colum L. Rev. 1315, 1328 (2005)(“[a]t or near the root of virtually every serious criticism of the guidelines is the concern that they are too harsh”).
F. Conclusion
In her sentencing submission, Donna Guerin catalogued the sentences that have been imposed on those who designed and marketed illegal tax shelters. See Guerin’s Am. Sentencing Mem. 13-16, ECF No. 592. They have varied greatly in length. What makes this case different is that David Parse did not design or market tax shelters; he was a broker executing trades. Indeed, to our knowledge, of all of the brokers who performed that function for Jenkins and other law firms, he and Craig Brubaker were the only two people who were prosecuted, and he is the only one who stands convicted.
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