forward from Pablo__ Does the DOJ know how to write a civil complaint against Dave Miner?
Attached to the bottom of this thread, you'll find a marked up copy of the civil complaint the federal government made against Dave Miner to enjoin him to stop promoting abusive tax shelters and helping others prepare false or fraudulent statements.
If you want to see the various allegations, open the PDF and move your mouse over each highlighted word or statement.
Remember that the Federal Rules of Civil Procedure, Rule 8, requires that the complaint make short statements of FACT. When you review the government's civil complaint, note how many times they don't make any factual statements. To make it easy, I'll provide you the outline here:
- 61 times the DOJ fails to state a fact but rather makes a conclusory allegation of fact.
- 3 times the DOJ merely recites the law but fails to state any facts to support the law.
- 1 time they cite case law but fail to state any facts to support the application of the case law. Besides that, case law is inappropriate on a complaint. This isn't a memorandum of law.
JUST THE FACTS MA'AM!
So how many facts are actually apparent in his complaint? Once you get rid of all the conclusory allegations, mere recitations of the law, and the case law, there are only TWO (2), yes count 'em, TWO facts to support the government's complaint!!
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