DOJ-OGR-00010196.jpg
568 KB
Extraction Summary
5
People
4
Organizations
0
Locations
1
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal correspondence / sentencing memorandum (exhibit)
File Size:
568 KB
Summary
This document is a page from a legal filing submitted by Zuckerman Spaeder LLP to Judge William H. Pauley, III on March 7, 2013, regarding the sentencing of David Parse. It argues for leniency, distinguishing Parse's role as a broker executing trades from those who designed the illegal tax shelters (referencing Donna Guerin and the Jenkins law firm). The document appears to be an exhibit (A-5941) filed in the later Ghislaine Maxwell case (1:20-cr-00330-AJN) in 2022.
People (5)
| Name | Role | Context |
|---|---|---|
| William H. Pauley, III | Judge |
Recipient of the letter; The Honorable
|
| David Parse | Defendant/Subject |
Subject of the sentencing memorandum; described as a broker executing trades, not a CPA or designer of shelters.
|
| Donna Guerin | Co-defendant (implied) |
Referenced for her sentencing submission regarding tax shelters.
|
| Craig Brubaker | Broker |
Mentioned as the only other broker prosecuted alongside Parse.
|
| Bowman | Author |
Cited for legal analysis on Federal Sentencing Guidelines.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Zuckerman Spaeder LLP |
Law firm submitting the document (Letterhead).
|
|
| Jenkins |
Law firm mentioned in relation to tax shelters (likely Jenkens & Gilchrist).
|
|
| United States |
Party in cited case law (Smirlock v. United States).
|
|
| DOJ |
Department of Justice (indicated in footer stamp).
|
Timeline (1 events)
March 7, 2013
Submission of sentencing arguments for David Parse.
Court (implied SDNY based on Judge Pauley)
Relationships (2)
Described as the only two brokers prosecuted for Jenkins firm functions.
Guerin's sentencing memo is cited to compare sentences.
Key Quotes (4)
"his role as a broker in the three “backdating” transactions is too thin a reed to support this enhancement."Source
DOJ-OGR-00010196.jpg
Quote #1
"Mr. Parse should be at offense level 24, with a Guidelines range of 51 to 63 months."Source
DOJ-OGR-00010196.jpg
Quote #2
"What makes this case different is that David Parse did not design or market tax shelters; he was a broker executing trades."Source
DOJ-OGR-00010196.jpg
Quote #3
"he and Craig Brubaker were the only two people who were prosecuted, and he is the only one who stands convicted."Source
DOJ-OGR-00010196.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,748 characters)
Case 1:20-cr-00330-AJN Document 418-2 Filed 06/24/22 Page 89 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.
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”).
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.
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.
DOJ-OGR-00010196
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