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Jurisdiction: California Central District Court
Decision Date: 12/14/2010

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        United States v. Poulos United States v. Poulos (C.D. Cal., 2010)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        United States of America, Petitioner,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Steven J. Poulos, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Case No. SACV 10-01058 DOC (MGLx)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIASOUTHERN DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Dated: December 14, 2010

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        United States of America, Petitioner, v. Steven J. Poulos, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Case No. SACV 10-01058 DOC (MGLx)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIASOUTHERN DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Dated: December 14, 2010

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Order to Show Cause Why Respondent Should Not Be Held in Civil Contempt

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Hearing before Judge Carter:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Date: January 31, 2011

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ANDRE BIROTTE JR.         United States Attorney        SANDRA R. BROWN        Assistant United States Attorney        Chief, Tax Division        GAVIN L. GREENE        Assistant United States Attorney        Attorneys for the United States of America

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Based on the Application for Order to Show Cause on Civil Contempt, Memorandum of Points and Authorities, and the supporting Declaration, the Court finds that Petitioner has established its prima facie showing that Respondent is in contempt of court for failure to follow the Court's Order Enforcing Internal Revenue Service Summons. See United States v. Brown, 918 F.2d 82, 83-84 (9th Cir. 1990).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Therefore, IT IS ORDERED that Respondent appear before this District Court of the United States for the Central District of California, at the date, time

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        and address listed above in the caption to show cause why Respondent should not be held in civil contempt for failure to comply with the Court's Order Granting Petition to Enforce Internal Revenue Service Summons dated September 13, 2010, incarcerated, and fined $500 per day until Respondent has been purged of contempt and complies with the Court's order enforcing the subject IRS summons.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                IT IS FURTHER ORDERED that copies of this Order and the Application for Order to Show Cause on Civil Contempt be served on Respondent (a) by personal delivery, (b) by leaving a copy at Respondent's dwelling or usual place of abode with someone of suitable age and discretion who resides there, or (c) by certified mail. Service may be made by any employee of the IRS or the United States Attorney's Office.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                IT IS FURTHER ORDERED that within ten (10) days after service upon Respondent of the herein described documents, Respondent shall file and serve a written response, supported by appropriate sworn statements, as well as any desired motions.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 3

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                IT IS FURTHER ORDERED that all motions and issues raised by the pleadings will be considered on the return date of this Order. Only those issues raised by motion or brought into controversy by the responsive pleadings and supported by sworn statements filed within ten (10) days after service of the herein described documents will be considered by the Court. All allegations in the Petition not contested by such responsive pleadings or by sworn statements will be deemed admitted.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                DATED: December 14, 2010

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                DAVID O. CARTER        United States District Court Judge

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Respectfully submitted,

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ANDRE BIROTTE JR.         United States Attorney        SANDRA R. BROWN        Assistant United States Attorney        Chief, Tax Division

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                GAVIN L. GREENE        Assistant United States Attorney        Attorneys for United States of America

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cited By
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cites
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        U.S. v. Brown, 918 F.2d 82 (9th Cir., 1990)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Decision Date: 1990-01-12 Citations: 9
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Notes

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