UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JON N C., ) Petitioner, ) Case No.:09-MC-008xxxx vs. ) UNITED STATES OF AMERICA; ) AFFIDAVIT IN SUPPORT OF WELLS FARGO BANK, NA; ) PETITION TO QUASH IRS SUMMONS AND JPMORGAN CHASE BANK, NA, ) DIRECTED TO THIRD PARTIES Respondents ) (SECOND) _____________________________) State of Arizona ) ) ss: Maricopa county )
Affiant, Jon N C., who is competent to state to the matters included in this declaration, has knowledge of the facts, and hereby declares that to the best of Affiant’s knowledge, the statements made in this affidavit are true, correct, complete, and not meant to mislead.
1. On or around September 14, 2009, Affiant caused to be filed a Freedom of Information Act (“FOIA”) request with Department of Treasury, Internal Revenue Service (“IRS”).
2. IRS received said FOIA request and responded to same on October 22, 2009. See Exhibit A, attached hereto and incorporated herein (“FOIA Response Letter”; 2 pages).
3. FOIA Response Letter submitted by Vivian King, Sr. Disclosure Specialist, Disclosure Office 11 (“King”), states in pertinent part: “[o]f the 33 pages located in response to your request…I am withholding 15 pages in part under FOIA exemption (b)(7)(A)…[wherein] records or information compiled by law enforcement purposes…[are exempt and] production of such records could interfere with enforcement proceedings.”
4. The proof that a criminal investigation has been initiated against Affiant is now in printed word, having been acknowledged and so stated by an IRS employee; Affiant is under an ongoing criminal investigation initiated by one or several agencies with alleged investigatory and enforcement authority; the same cannot be rebutted.
5. Further, on or around October 27th, 2009, Tina Dandre (“Dandre”) of Internal Revenue Service Criminal Investigation (“IRS-CI”) made attempt to contact Affiant by first contacting at least two (2) third parties with whom Affiant has had professional or educational relationships.
6. IRS has a physical location and telephone number by which Affiant can be reached, yet Dandre chose to seek information about Affiant and Affiant’s location by way of third-party contact.
7. IRS Revenue Officer Debra Vahe (”Vahe”) failed to respond to Affiant’s numerous voicemails and repeated attempts to contact Vahe in an effort to address any alleged liability and initiate good faith settlement of any account imbalances that may be outstanding; Thus, Affiant proactively contacted Dandre so that Affiant could work directly with an IRS representative who could facilitate settlement of any sum certain liabilities, if any.
8. Dandre requested an “informal meeting” wherein Dandre could inquire about certain factual issues related to a certain tax account.
9. On November 5th, 2009, Affiant met with Dandre in good faith to bring resolution and settlement to any outstanding matters; both parties were accompanied by a witness and notetaker.
10. At the end of the meeting, Dandre attempted to serve upon Affiant IRS Form 2039, Summons for the stated purpose of delivering “Handwriting and Fingerprinting Examination.”
11. For the IRS to demand exemplars, these exemplars should be “essential and necessary” to an investigation and would be used solely as a standard of comparison to determine whether, for example, Affiant is the author of certain writings or documents that are in evidence. Since this is a tax matter, then how could fingerprints, for example, be considered “essential and necessary” to whether a person had filed tax return or how much is owed?
12. On information and belief, and as evidenced by the withheld information on the FOIA request referenced herein, IRS-CI maintains some “evidence” within its files, including but not limited to documents, handwriting, photographs, fingerprints, or palm prints, that the IRS suspects belong to Affiant and IRS-CI seeks to identify Affiant with same for criminal prosecution purposes.
13. The IRS-CI request for fingerprint examination, as well as the withheld FOIA documents, are clear evidence and indicia of criminal investigation, and is highly indicative of the true direction of the case at bar.
Affiant reserves all rights.
Further Affiant sayeth not.
Jon N C., Petitioner sui juris
Arizona ) ) ss Maricopa county )
I, ________________________________, a Notary Public for said County and State, do hereby certify that __________________________________, personally appeared before me and signed the foregoing. Witness my hand and seal this _______ day of ____________________, 2009
I certify that on this date, copy of this pleading was sent properly to opposing counsel.
JON N C.
Petitioner sui juris
Exhibit A - FOIA Response Letter
FOIA Response Letter