Erfahrung
Not-for-profit organization is granted retroactive reinstatement of its tax-exempt statusJones Day successfully obtained retroactive reinstatement of a global not-for-profit organization's Federal tax-exempt status as well as abatement of all related penalties, avoiding more than $20 million in tax, penalties, and interest. Robert Brockman defends $2 billion tax fraud case brought by DOJJones Day represents Robert Brockman, former CEO of a software company, in what the DOJ has described as the largest tax fraud case ever charged against an individual. PNC Bank-led syndicate provides $200 million senior secured 364-day term loan credit facility to AMERCOJones Day represented PNC Bank, National Association, as administrative agent and a lender, in connection with a $200 million senior secured 364-day term loan credit facility provided to AMERCO, the parent company of U-Haul. Company's chief executive officer successfully represented in connection with grand jury investigationJones Day successfully advised a company's chief executive officer in connection with a grand jury investigation involving the company's interactions with a section 501(c)(4) advocacy organization. Tax advisory service successfully represented in possible injunctionJones Day successfully persuaded the government not to seek an injunction against a national tax advisory company that was under investigation by the Internal Revenue Service and Department of Justice in connection with alleged tax promoter activities. Nonprofit organization seeks advice relating to reimbursement for travel expensesJones Day advised a global nonprofit organization on reimbursing directors, officers, and other volunteers for travel expenses. alliantgroup LP obtains dismissal of Universities' RICO claimsOn behalf of alliantgroup LP, Jones Day obtained the dismissal of all claims brought in the second amended complaint in The University of Texas System, et. al. v. alliantgroup LP, et. al., No. 4:17-cv-02588 (S.D. Texas). Taxpayer obtains full concession from IRS of its characterization of $50 million in proceeds as long-term capital gainOn behalf of a taxpayer, Jones Day obtained full concession from the IRS in a U.S. Tax Court matter affirming the client's position that $50 million in proceeds from litigation funding was properly characterized as long-term capital gain. Fortune 100 multinational corporation restructures its global tax departmentJones Day advised a Fortune 100 multinational corporation in restructuring its global tax department to optimize compliance with domestic and global reporting requirements and maintain confidentiality for sensitive, privileged materials. Taxpayer obtains favorable resolution of criminal investigationJones Day obtained favorable resolution for taxpayer regarding criminal investigation into New York City unincorporated business tax. The following represents experience acquired prior to joining Jones Day.
Tax Controversy and Tax Litigation
Advised the Bill, Hillary, and Chelsea Clinton Foundation in a review of its previously filed information returns in response to public inquiry.
Served as lead trial counsel in a precedent-setting Tax Court decision holding that the transfer of an interest in a single member LLC should be treated as a gift for tax purposes.
Managed team representing more than 100 high net worth individuals before the IRS relating to investments in "listed transactions," including presentations to the IRS counsel and executives resulting in a global settlement initiative and representation before IRS Examination and Appeals. Obtained favorable results in multiple cases before IRS Appeals. Persuaded IRS to issue Revenue Procedure to reduce interest liability for all similarly situated taxpayers.
Successfully quashed a series of summonses served on U.S. financial institutions pursuant to the United States-Russian tax treaty and at the request of the Russian Federation.
Obtained the concession of error by the IRS following the commencement of a wrongful levy action in U.S. District Court.
Represented high-profile international athlete in IRS income tax examination, resulting in full concession by IRS.
Obtained favorable settlement in complex Tax Court case involving an estate, multiple trusts, and inter vivos gifts.
Negotiated with the IRS for a satisfactory civil resolution of corporate, personal, and income tax liabilities that resulted from unreported income and a cash payroll.
Advised numerous companies and individuals in "sensitive" IRS examinations in which favorable civil remedies were obtained despite fraudulent or potentially criminal conduct.
Obtained innocent spouse relief in connection with a deficiency arising from an abusive tax shelter investment by the client's husband, to whom she remained married and who worked with her in her business.
Obtained full concession by the IRS of tax liability of a widow despite the failure of prior counsel to raise innocent spouse defense in Tax Court petition filed jointly on behalf of both spouses.
Demonstrated that taxpayer had paid asserted tax liability despite the IRS's failure to record payments properly by obtaining the intervention of the Taxpayer Advocate Service.
Represented company in an investigation by the Treasury Inspector General for Tax Administration (TIGTA).
Criminal Tax
As head of the Tax Division for the Department of Justice, oversaw the prosecution of the first financial institution to plead guilty in more than 20 years and the first to remain in business following the guilty plea. This prosecution was widely acknowledged as manifesting a change in DOJ policy when addressing entities considered "too big to fail." Worked closely with federal and state regulators and DOJ leadership to ensure that the financial institution would not fail as a result of the enforcement action.
Persuaded the DOJ not to indict: a target in a major tax shelter promoter investigation; the taxpayer in a tax fraud scheme by demonstrating that the tax advisor had backdated documents without the taxpayer's knowledge; and individual who earned substantial income as a high-level executive but failed to file tax returns for multiple years.
Negotiated immunity agreement for financial officer in a substantial tax evasion investigation of company.
Obtained agreements in many cases not to prosecute pursuant to IRS voluntary disclosure policy concerning domestic and offshore tax liabilities.
Obtained a sentence that resulted in no jail time in New York state investigation of significant omitted income and cash payroll.
Other Government Investigations, Financial Crimes, and Anti-Money Laundering
Negotiated the release of more than US$50 million in bank accounts that had been frozen by the United States under civil forfeiture statutes.
Obtained a concession by the United States of error on appeal in which the government acknowledged breach of a plea agreement under the U.S. Sentencing Guidelines.
Developed anti-money laundering and currency reporting compliance program for a money services business.
Negotiated home confinement for a high-level executive of a savings and loan association charged with money laundering and other violations.
Obtained a substantial downward departure in sentencing following a guilty plea in a major bribery investigation.
Represented a major defense contractor in a securities investigation that resulted in a decision not to prosecute.
Represented a money services business in successful effort to persuade New York to change its licensing laws.
Member of the trial team that obtained acquittal of Imelda Marcos on RICO and other charges.
Commercial Litigation
Successfully defended lawyer accused of tax fraud and RICO violations in connection with the estate of reggae performer Bob Marley through trial and verdict.
Favorably settled action based on RICO, fraud, and other claims following successful motion practice in dispute between two major fashion companies.
Obtained settlement for nuisance value for a lawyer accused of conspiracy, fraud, and RICO violations.
Supervised development and implementation of document retention program for a large financial institution.
