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United States of America v. William W. Alexander

December 15, 2010

UNITED STATES OF AMERICA
PLAINTIFF,
v.
WILLIAM W. ALEXANDER, RETIREMENT PLAN SERVICES, INC., AND
LYONS PENSIONS, INC.
DEFENDANT.



The opinion of the court was delivered by: Hon. A. Howard Matz United States District Judge

ORDER FOR PRELIMINARY INJUNCTION

The United States has filed a complaint for permanent injunction and other relief under 26 U.S.C. §§ 7407, 7408 and 7402(a) against William Alexander, Retirement Plan Services, Inc. and Lyons Pensions, Inc. (collectively, "Defendants").

The parties have agreed to the terms of this Stipulated Order, and the Defendants consent to be bound by its terms and to its entry without further notice. The Defendants waive the entry of findings of fact and conclusions of law under Rules 52 and 65 of the Federal Rules of Civil Procedure.

The Defendants understand and agree that the Court has jurisdiction over this matter while the Stipulated Order remains in place, and understand that if they violate its terms, they may be subject to civil and criminal sanctions for contempt of court. Defendants consent to entry of this Stipulated Order without admitting the factual allegations in the Complaint.

NOW, it is ORDERED that Defendants and their representatives, agents, servants, employees, and those persons in active concert or participation with them, are preliminarily enjoined, pending final resolution of the claims asserted in this lawsuit, from directly or indirectly:

A. Marketing, preparing, selling, organizing or administering any plan or arrangement that advises or assists others in violating or attempting to violate the internal revenue laws or unlawfully evading the assessment or collection of their federal tax liabilities;

B. Marketing, preparing, selling, organizing or administering any pension plan, including but not limited to any defined-benefit pension plan described in a plan document prepared by Industry Consultants, Inc.;

C. Marketing, preparing, selling, organizing or administering any welfare-benefit plan, including but not limited to the Warren Group Multiple Employer Welfare Benefit Plan and Trust;

D. Engaging in conduct subject to penalty under I.R.C. § 6700, i.e., making, furnishing, or causing another to make or furnish material and false or fraudulent statements regarding the allowability of certain deductions, the excludability of income, or the securing of tax benefits derived from participation in any plan or arrangement, which they know or have reason to know are false or fraudulent or making, furnishing, or causing another to make a gross valuation overstatement as to any material matter;

E. Providing any advice or assistance regarding the tax treatment of pension plans or welfare-benefit plans, including but not limited to:

i. Advising any individual or entity to form S-corporations or any other separate entities in connection with the establishment of any real or purported pension plan;

ii. Advising any individual or entity to establish any real or purported pension plan that excludes and/or discriminates against rank-and-file employees or non-highly compensated employees who are employed at a company that is part of the same controlled group of companies or aggregated services group of companies as that individual or entity;

iii. Advising any individuals or entities that they may contribute any amount of money to a defined-benefit pension plan without regard to actuarial limits;

iv. Advising any individuals or entities that they can use purported third-party loans to claim a deduction for purported contributions to a pension ...


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