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United States of America v. Metro Medical Associates

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


January 31, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
METRO MEDICAL ASSOCIATES, INC., AND DR. OSCAR MOORE, JR.,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Stephen V. Wilson United States District Judge

ANDRE BIROTTE JR. United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division GAVIN L. GREENE (SBN 230807) Assistant United States Attorney Room 7211 Federal Building 300 North Los Angeles Street Los Angeles, CA 90012 Telephone: (213) 894‐4600 Facsimile: (213) 894‐5181 Email: Gavin.Greene@usdoj.gov Attorneys for the United States of America

JS-6

Judgment for Permanent Injunction Against Metro Medical Associates, Inc., and Dr. Oscar Moore, Jr.

Pursuant to the Stipulation for Entry of Judgment for Permanent Injunction Against Metro Medical Associates, Inc., and Dr. Oscar Moore, Jr. and all matters properly made part of the record:

IT IS ORDERED that pursuant to 26 U.S.C. §§ 7402 and 7407, Metro Medical Associates, Inc., and Dr. Oscar Moore, Jr. are PERMANENTLY ENJOINED, and required to perform the following:

1. Withhold from payments to employees all income and Federal Insurance Contribution Act (FICA) taxes as required by law;

2. Deposit and account for the withholdings of income and FICA taxes into a bank account, separate and apart from all other funds, not later than the same day that the paychecks are given or made available to the employees; and

3. Pay over to the Internal Revenue Service the monies withheld and collected from its employees for income and FICA taxes, as well as the employer's contribution of FICA taxes, in a timely manner as required by law.

IT IS FURTHER ORDERED that the Court retains jurisdiction to enforce this injunction and the United States may engage in post‐judgment discovery to monitor the compliance of Metro Medical Associates, Inc., and Dr. Oscar Moore, Jr. with this injunction.

IT IS FURTHER ORDERED that Metro Medical Associates, Inc., and Dr. Oscar Moore, Jr. have waived any and all right to appeal from this judgment.

IT IS FURTHER ORDERED that if Metro Medical Associates, Inc., or Dr. Oscar Moore, Jr. violate this Judgment for Permanent Injunction, the violating party may be subject to civil and criminal sanctions for contempt of court, including imprisonment.

IT IS SO ORDERED.

20120131

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