Orlando Defense Attorney Mark Horwitz Defends Client Against U.S. Government and IRS

Orlando defense attorney Mark Horwitz recently secured a positive outcome for his client, who was facing injunctive relief and disgorgement for alleged violations of the Internal Revenue Code concerning tax return preparers.

In September of 2014, the United States sued Horwitz’s client filing an 89-page complaint seeking a permanent injunction prohibiting the client from engaging in the tax return preparation business.  The government was also seeking disgorgement of $11 million which represented the gross receipts of the tax return preparation companies.

The trial began on March 8, 2016, during which three attorneys from the Department of Justice Civil Tax Division represented the government.  Shortly before the trial, the client agreed to a permanent injunction and went to trial on the sole issue of whether the government was entitled to $11 million.

The trial in Federal District Court in Orlando lasted 2 days and both sides thereafter submitted memorandums in lieu of closing argument. The defense involved discrediting the government's evidence, including its sampling techniques and statistical analysis by which it sought to prove that it was entitled to $11 million in disgorgement.

The court concluded in its written opinion, on April 13, 2016, that the government had not met its burden of providing the court with sufficient information to reasonably approximate the amount of unjust enrichment. The Court ruled that the government was entitled to receive no disgorgement and therefore received $0.00 rather than the $11,000,000.00 it sought at trial.

About the case: United States of America v. Douglas Mesadieu, Case No. 6:14-cv-1538-Orl-22TBS. The verdict was reached on April 13, 2016. Each case is different; future clients may not obtain the same or similar results.

About The Law Offices of Mark L. Horwitz, P.A.: The Law Offices of Mark L. Horwitz, P.A. offers experienced, personalized criminal defense representation in Orlando, FL and throughout the United States, including New York, Newark, New Jersey, Texas, Colorado, Georgia, and others. The firm represents clients charged with misdemeanors and felonies advising clients on a wide range of legal matters.

Source: Law Offices of Mark L. Horwitz


Categories: Legal Services, Law Firms, Criminal Law

Tags: criminal defense, defense attorney, tax crimes, tax defense

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