scion
15 years ago
Pacer update 08 Sep 09 CRIMINAL DOCKET FOR CASE #: 2:09-cr-00460-DS All Defendants Case title: USA v. Mower et al Date Filed: 06/30/2009
Date Filed # Docket Text
09/08/2009 40 NOTICE OF ATTORNEY APPEARANCE: James C. Haskins appearing for Eva Jeanette Mower. (jmr) (Entered: 09/10/2009)
09/08/2009 39 ORDER granting 25 Motion for Extension of Time to Submit Document Index as to Lester Hemmert Mower (1), Eva Jeanette Mower (2), Adrian Angus Wilson (3), Nathan Whitney Drage (4). IT IS ORDERED that the United States' deadline to submit a document index to the dfts is extended from 8/21/09 to 8/28/09. Signed by Judge David Sam on 9/8/09. (jmr) (Entered: 09/10/2009)
09/08/2009 37 ORDER REMOVING COUNSEL FROM MAILING CERTIFICATE-granting 29 Motion To Remove Counsel From Mailing Certificate as to Eva Jeanette Mower (2). It is hereby ORDERED that Mr. Mauro be removed from the mailing certificate and notices sent via e-mail in the above matter. Signed by Judge David Sam on 9/8/09. (jmr) (Entered: 09/10/2009)
09/03/2009 36 AFFIDAVIT by Affiant Mark Y. Hirata filed by USA as to Lester Hemmert Mower, Eva Jeanette Mower, Adrian Angus Wilson, Nathan Whitney Drage (Hirata, Mark) (Entered: 09/03/2009)
09/02/2009 34 ORDER ALLOWING WITHDRAWAL OF COUNSEL- granting 28 Motion to Withdraw as Attorney as to Eva Jeanette Mower (2). It is hereby ORDERED that said motion is granted, Mr. Mauro having withdrawn as counsel of record for Ms. Mower in this case. Signed by Magistrate Judge Brooke C. Wells on 9/1/09. (jmr) (Entered: 09/02/2009)
09/02/2009 33 NOTICE FROM THE COURT - Correspondence to Attorney Carlos F. Negrete regarding Pro Hac Vice compliance per rule DU.Civ. Rule 83-1.1(d). Attached Pro Hac Vice packet. (rak) (Entered: 09/02/2009)
09/02/2009 32 Minute Entry for proceedings held before Judge Magistrate Judge Brooke C. Wells: Status Conference as to Lester Hemmert Mower, Eva Jeanette Mower, Adrian Angus Wilson, Nathan Whitney Drage held on 9/1/2009. Defendants present on release with counsel. James Haskins enters appearance for E. Mower. Court hears statements by counsel re: status of case, as to discovery and if current trial date should be stricken. Counsel for L. Mower requests more time to consider trial setting, request is denied. Current trial setting is STRICKEN and new dates are set as follows: Discovery due by 11/2/2009. Motions due by 11/27/2009, Plea Agreement due by 3/22/2010, Proposed Jury Instructions along with proposed voir dire questions 4/2/2010, 24 day (6 week setting requested) Jury Trial set for 4/5/2010 08:30 AM in Room 150 (Check with Clerks Office for location) before Judge David Sam.Gvmt to prepare an order reflecting ruling and STA computations and exclusions. Attorney for Plaintiff: Mark Hirata, AUSA, Attorney for Defendant: Carlos Negrete, James Haskins, Peter Striba, Richard Van Waggoner, retained. Court Reporter: Electronic.(Time Start: 1:36:06, Time End: 2:10:15, Room 436.) (alp) (Entered: 09/02/2009)
09/01/2009 Attorney update in case as to Eva Jeanette Mower. Attorney James C. Haskins for Eva Jeanette Mower added. Attorney Richard P. Mauro terminated (see following order granting motion) (alp) (Entered: 09/01/2009)
08/31/2009 31 NOTICE of Non-Waiver of Attorney-Client Privilege with Proof of Service by Lester Hemmert Mower re 16 Certificate of Compliance, 15 MOTION for Discovery re: Statement of Discovery Policy, 24 Order on Motion for Discovery, 25 MOTION for Extension of Time to Submit Document Index, 17 Affidavit, 27 Certificate of Compliance (Negrete, Carlos) (Entered: 08/31/2009)
08/31/2009 30 REPLY TO RESPONSE to Motion by Lester Hemmert Mower re 23 MOTION for Bill of Particulars (Negrete, Carlos) (Entered: 08/31/2009)
08/31/2009 29 MOTION To Remove Counsel From Mailing Certificate filed by Eva Jeanette Mower. (Attachments: # 1 Text of Proposed Order)(Mauro, Richard) (Entered: 08/31/2009)
08/31/2009 28 MOTION to Withdraw as Attorney by Richard P. Mauro. filed by Eva Jeanette Mower. (Attachments: # 1 Text of Proposed Order)(Mauro, Richard) (Entered: 08/31/2009)
08/28/2009 27 Second CERTIFICATE OF COMPLIANCE filed by USA as to Lester Hemmert Mower, Eva Jeanette Mower, Adrian Angus Wilson, Nathan Whitney Drage. (Hirata, Mark) (Entered: 08/28/2009)
08/24/2009 26 RESPONSE to Motion by USA as to Lester Hemmert Mower re 23 MOTION for Bill of Particulars (Hirata, Mark) (Entered: 08/24/2009)
08/21/2009 25 MOTION for Extension of Time to Submit Document Index by USA as to Lester Hemmert Mower, Eva Jeanette Mower, Adrian Angus Wilson, Nathan Whitney Drage. (Attachments: # 1 Text of Proposed Order)(Hirata, Mark) (Entered: 08/21/2009)
08/14/2009 23 MOTION for Bill of Particulars filed by Lester Hemmert Mower. (Negrete, Carlos) (Entered: 08/14/2009)
08/11/2009 24 ORDER granting 15 Motion for Discovery as to Lester Hemmert Mower (1), Eva Jeanette Mower (2), Adrian Angus Wilson (3), Nathan Whitney Drage (4). The USA may provide to defendants, where applicable, grand jury material, Jencks Act material and discoverable returns, return information and taxpayer return information as defined in 26 USC 6103(b). Signed by Magistrate Judge Brooke C. Wells on 8/11/09. (ce) (Entered: 08/17/2009)
08/11/2009 17 AFFIDAVIT by Affiant Mark Y. Hirata filed by USA as to Lester Hemmert Mower, Eva Jeanette Mower, Adrian Angus Wilson, Nathan Whitney Drage (Hirata, Mark) (Entered: 08/11/2009)
08/05/2009 22 ORDER Setting Conditions of Release as to Nathan Whitney Drage. Signed by Magistrate Judge Brooke C. Wells on 8/5/09. (alp) (Entered: 08/14/2009)
08/05/2009 21 ORDER Setting Conditions of Release as to Adrian Angus Wilson. Signed by Magistrate Judge Brooke C. Wells on 8/5/09. (alp) (Entered: 08/14/2009)
08/05/2009 20 ORDER Setting Conditions of Release as to Eva Jeanette Mower. Signed by Magistrate Judge Brooke C. Wells on 8/5/09. (alp) (Entered: 08/14/2009)
08/05/2009 19 ORDER Setting Conditions of Release as to Lester Hemmert Mower. Signed by Magistrate Judge Brooke C. Wells on 8/5/09. (alp) (Entered: 08/14/2009)
08/05/2009 18 Minute Entry for proceedings held before Judge Magistrate Judge Brooke C. Wells: Initial Appearance, Arraignment as to Lester Hemmert Mower (1) Count 1,2,3,4,5 and Eva Jeanette Mower (2) Count 1,3,4,5 and Adrian Angus Wilson (3) Count 1,6,7,8 and Nathan Whitney Drage (4) Count 1,9,10,11 held on 8/5/2009, Detention Hearing held on 8/5/2009. Defendant present with retained counsel and appearing on summons. Charging document read, rights and penalties explained. Pretrial Conference: Plea Agreement due by 9/29/2009, Proposed Jury Instructions along with proposed voir dire questions 10/9/2009, 20 day Jury Trial set for 10/13/2009 08:30 AM in Room 150 (Clerks Office) before Judge David Sam. Discovery information that counsel may challenge at a later date is not to be disclosed. Court hears counsel's position on detention. All defendants may be released with specific conditions. Orders exectued and filed. Attorney for Plaintiff: Mark Hirata, AUSA, Attorney for Defendant: Carlos Negrete, Rich Mauro, Sam Harkness, Peter Stirba, retained. Probation Officer: Meriska Holt. Court Reporter: Electronic.(Time Start: 10:03:53, Time End: 10:08:09, Room 248.) (alp) (Entered: 08/14/2009)
08/05/2009 16 First CERTIFICATE OF COMPLIANCE filed by USA as to Lester Hemmert Mower, Eva Jeanette Mower, Adrian Angus Wilson, Nathan Whitney Drage. (Hirata, Mark) (Entered: 08/05/2009)
08/05/2009 15 MOTION for Discovery re: Statement of Discovery Policy by USA as to Lester Hemmert Mower, Eva Jeanette Mower, Adrian Angus Wilson, Nathan Whitney Drage. (Attachments: # 1 Text of Proposed Order)(Hirata, Mark) (Entered: 08/05/2009)
08/05/2009 Attorney update in case as to Eva Jeanette Mower. Attorney Richard P. Mauro for Eva Jeanette Mower added. (alp) (Entered: 08/05/2009)
08/05/2009 14 NOTICE OF ATTORNEY APPEARANCE: Richard A. Van Wagoner appearing for Nathan Whitney Drage (Van Wagoner, Richard) (Entered: 08/05/2009)
08/05/2009 13 NOTICE OF ATTORNEY APPEARANCE: Samuel S. Harkness appearing for Nathan Whitney Drage (Harkness, Samuel) (Entered: 08/05/2009)
08/05/2009 12 NOTICE OF ATTORNEY APPEARANCE: Max D. Wheeler appearing for Nathan Whitney Drage (Wheeler, Max) (Entered: 08/05/2009)
07/22/2009 11 Minute Entry for proceedings held before Judge Magistrate Judge Paul M. Warner: Initial Appearance as to Lester Hemmert Mower held on 7/22/2009. Defendant present without counsel. Initial Appearance has been continued until 8/05/09 at 10:00 AM before BCW. Attorney for Plaintiff: Mark Hirata, Attorney for Defendant: not present, retained. Interpreter: N/A. Probation Officer: Meriska Holt. Court Reporter: electronic.(Time Start: 11:21:31 AM, Time End: 11:27:41 AM, Room 477.) (mas) (Entered: 07/22/2009)
07/17/2009 10 **RESTRICTED DOCUMENT** Summons Returned Executed on 7/9/09 as to Lester Hemmert Mower. (jmr) (Entered: 07/17/2009)
07/10/2009 Set/Reset Deadlines/Hearings as to Adrian Angus Wilson: Initial Appearance re-set for 8/5/2009 10:00 AM in Room 436 before Magistrate Judge Brooke C. Wells. (jmr) (Entered: 07/10/2009)
07/09/2009 9 ORDER GRANTING DFT'S MOTION TO CONTINUE INITIAL APPEARANCE-granting 5 Motion to Continue Initial Appearanceas to Adrian Angus Wilson (3). It is hereby ORDERED that Dft Wilson's Initial Appearance is continued from 7/22/09 to 8/5/09 at 10:00 a.m. before Magistrate Judge Brooke Wells. Signed by Magistrate Judge Paul M. Warner on 7/9/09. (jmr) (Entered: 07/10/2009)
07/07/2009 8 **RESTRICTED DOCUMENT** Summons Returned Executed on 7/2/09 as to Nathan Whitney Drage (jwt) (Entered: 07/10/2009)
07/07/2009 7 **RESTRICTED DOCUMENT** Summons Returned Executed on 7/6/09 as to Adrian Angus Wilson (jwt) (Entered: 07/09/2009)
07/07/2009 6 **RESTRICTED DOCUMENT** Summons Returned Executed on 7/6/09 as to Eva Jeanette Mower (jwt) (Entered: 07/09/2009)
07/07/2009 5 Defendant's MOTION to Continue Initial Appearance filed by Adrian Angus Wilson. (Attachments: # 1 Text of Proposed Order)(Goff, Darin) (Entered: 07/07/2009)
07/07/2009 4 NOTICE OF ATTORNEY APPEARANCE: Darin B. Goff appearing for Adrian Angus Wilson (Goff, Darin) (Entered: 07/07/2009)
07/07/2009 3 NOTICE OF ATTORNEY APPEARANCE: Peter Stirba appearing for Adrian Angus Wilson (Stirba, Peter) (Entered: 07/07/2009)
07/01/2009 2 **SEALED DOCUMENT** Summons Issued in case as to Lester Hemmert Mower, Eva Jeanette Mower, Adrian Angus Wilson, Nathan Whitney Drage. Initial Appearance set for 7/22/2009 11:15 AM in Room 420 before Judge David Warner. (jmr) Modified on 7/8/2009-to correct the Judge for the initial appearance (jmr). (Entered: 07/01/2009)
06/30/2009 1 INDICTMENT as to Lester Hemmert Mower (1) count(s) 1, 2, 3, 4, 5, Eva Jeanette Mower (2) count(s) 1, 3, 4, 5, Adrian Angus Wilson (3) count(s) 1, 6, 7, 8, Nathan Whitney Drage (4) count(s) 1, 9, 10, 11. Assigned to Judge David Sam. (jmr) (Entered: 06/30/2009)
scion
15 years ago
Tax evasion deadends in court
By Jacob Hancock
Deseret News
Published: Tuesday, June 30, 2009 8:55 p.m. MDT
http://www.deseretnews.com/article/705314083/Tax-evasion-deadends-in-court.html
A lavish lifestyle in luxury cars, large homes and swanky casinos may have ended for four Salt Lake residents accused of evading and impeding the IRS in a years-long, money-concealing scheme that funneled more than $30 million through its obscure operation.
"Let this case serve as a lesson for those who think they are crafty enough to cheat their way through the (tax) system," said Paul Canacho, special agent in charge of the Nevada IRS field office, whose jurisdiction includes Utah.
Several of the office's 70-man task force slogged through years of bank and credit accounts to track the major financial movements of a "very, very large fraud scheme," Canacho siad.
A 21-page indictment filed in 3rd District Court charges Lester H. Mower, 49; his wife Eva J. Mower, 49; Adrian A. Wilson, 48; and Nathan W. Drage, 50, of underreporting or failing to pay taxes from 1999 to 2006.
The four allegedly guided private companies to merge into publicly traded "shell" companies. Then, using friends and family as nominee pawns, they would control the majority stock, which they personally profited from by selling.
"They did it all to remain one step removed from the money," said Brett Tolman, U.S. Attorney for Utah. "If you sell those, you must share that information. You must report that income."
The Mowers reported about $8,000 in income in 1999, but the IRS says their income was closer to $120,000. And when they reported earning of about $330,000 the next year, the IRS countered with evidence of a joint income of $817,000.
Wilson didn't pay taxes from 2003 to 2005 on about $800,000 total income, the IRS reported.
During those same years, in which Wilson failed to file, he paid off debts to Las Vegas' Monte Carlo Resort and Bellagio Hotel in 13 payments totaling $44,000, according to agents who meticulously tracked individual expenditures for all of the charged individuals.
Other alleged tax-free money among the group included a new $80,000 BMW; a $50,000 sport utility vehicle, along with other vehicle purchases; $30,000 in interior design services; children's private school tuition; and a myriad of high-priced mortgage payments.
Although investigators wouldn't disclose how they discovered the alleged tax evasion process, they say it has taken them "years" to complete.
It appears family and friends who were used as stockholders and account holders will not be charged, Tolman said.
The maximum penalty for conspiracy to impair and impede the IRS is up to five years in prison and a $250,000 fine. Each tax evasion charge is also up to five years, but with a $100,000 fine.
The defendants are expected for an initial court appearance in three weeks.
E-MAIL: jhancock@desnews.com
http://www.deseretnews.com/article/705314083/Tax-evasion-deadends-in-court.html
scion
15 years ago
Four in SLC accused of cheating IRS
Grand jury » Special agent says organization caught Al Capone 'and we're just as good now.'
By Steve Gehrke
The Salt Lake Tribune
Updated: 06/30/2009 06:25:17 PM MDT
http://www.sltrib.com/News/ci_12726385
A federal grand jury on Tuesday returned an indictment charging four Salt Lake City residents with engaging in an elaborate tax evasion scheme to avoid reporting more than $30 million in stock sales spanning a seven-year period.
U.S. Attorney Brett Tolman announced the 11-count indictment during a news conference Tuesday afternoon. Tolman said the four -- Lester Hemmer Mower, 49; Eva Jeanette Mower, 49; Adrian Angus Wilson, 48; and Nathan Whitney Drage, 50 -- gained money from stock sales and hid it from the Internal Revenue Service using their merger and acquisition business from 1999 to 2006.
They would take "shell" companies public and merge them with private companies, leaving themselves in control of the newly public stock. They would then sell the stock and put that cash in various bank accounts, spending some along the way for mortgage payments, school bills and car payments, according to Tolman.
The group concealed control of the cash using about 30 brokerages and 20 bank accounts, and they never reported the income to the IRS through tax returns, Tolman said, adding that two defendants did not file returns while the others underreported their income and taxes due.
While Tolman called the case "particularly complex and difficult," he said it should send a message that the IRS actively seeks tax offenders.
IRS Special Agent Paul Camacho reminded the public that his organization caught Al Capone, "and we're just as good now," he said.
"We will be relentless in our pursuit," Camacho said, adding that it is "un-American" to cheat on taxes.
Camacho would not comment on how the investigation into the four Utahns was initiated, but he said it often takes years to dissect a plan so elaborate.
Tolman said the defendants likely had some knowledge of Securities and Exchange Commission rules, as they were carrying out lawful transactions until they hid information about their income.
The first criminal count alleges conspiracy to impair and impede the Internal Revenue Service while the other 10 charge the defendants with tax evasion. The conspiracy charge is punishable by up to five years in prison and a $250,000 fine. Evasion could bring five years in prison and a $100,000 fine, as well as the cost of prosecution.
The four are expected to be summonsed to be arraigned in federal court in three to four weeks, Tolman said.
While Tolman noted the amount of money and the complexities of this case set it apart from typical tax evasion issues, he said it has a common element.
Said Tolman: "Even the most complex cases come down to someone taking money from someone else."
http://www.sltrib.com/News/ci_12726385
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