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United States of America v. Henock Teferi

February 21, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
HENOCK TEFERI, RUTH BERHANE, PLOVER FINANCIAL SERVICES, LLC (D/B/A INSTANT TAX SERVICE), DEFENDANTS.



JS-6

ANDRE BIROTTE JR. United States Attorney SANDRA BROWN Assistant United States Attorney Chief, Tax Division GAVIN GREENE Assistant United States Attorney Federal Building, Room 7211 300 North Los Angeles Street Los Angeles, California 90012 Telephone: (213) 894-4600 Facsimile: (213) 894-0115 JOSE A. OLIVERA California Bar No. 279741 Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 7238 Washington, DC 20044 Telephone: (202) 353-0703 Facsimile: (202) 514-6770 E-mail: jose.a.olivera@usdoj.gov Attorneys for the United States

ORDER OF PERMANENT INJUNCTION AGAINST HENOCK TEFERI, RUTH BERHANE, AND PLOVER FINANCIAL SERVICES LLC

Pursuant to the Stipulation of Permanent Injunction Against Henock Teferi, Ruth Berhane, And Plover Financial Services LLC, and all matters properly made part of the record:

1. Defendants, without admitting any of the allegations in the complaint, waive the entry of findings of fact and conclusions of law and voluntarily consent to the entry of this permanent injunction without further notice and agree to be bound by its terms.

2. Defendants admit that the Court has personal jurisdiction over them pursuant to 28 U.S.C. §§ 1340 and 1345, and subject matter jurisdiction pursuant to 26 U.S.C. §§ 7402(a), 7407(a) and 7408(a).

3. Defendants further understand and agree that:

a. This Agreed Order of Permanent Injunction will be entered under Fed. R. Civ. P. 65 and will result in the entry, without further notice, of a Final Judgment in this matter;

b. Defendants waive the right to appeal from this Agreed Order of Permanent Injunction;

c. The Parties will bear their own costs, including any attorneys' fees or other expenses of this litigation;

d. The Court will retain jurisdiction over this matter for the purpose of implementing and enforcing this Agreed Order of Permanent Injunction;

e. If Defendants violate this Injunction, Defendants may be subject to civil and criminal sanctions for contempt of court;

f. The United States may conduct full post judgment discovery to monitor compliance with this Injunction.

g. Entry of this Agreed Order of Permanent Injunction does not resolve nor precludes the government from pursuing any other civil matters or proceedings, including penalties, or any current or future criminal matters or proceedings, nor precludes the Defendants from contesting liability in any matter or proceeding.

h. Plover and Defendants have separated from ITS Financial LLC and TCA Financial LLC and are now operating a separate tax preparation business from these entities. Plover terminated its franchise agreement with ITS Financial LLC and is currently in litigation with ITS Financial LLC.

I.IT IS HEREBY ORDERED, pursuant to I.R.C. §§ 7402, 7407 and 7408, Defendants Teferi, Berhane and Plover, and any individual or entity acting in active concert or participation with them, including representatives, agents, servants, employees, and attorneys, are PERMANENTLY ENJOINED from directly or indirectly, by use of any means or instrumentalities from:

i. Engaging in conduct subject to penalty under 26 U.S.C. § 6701, including aiding, instructing, assisting, encouraging, enabling, inciting, or advising (or supervising or managing others who aid, instruct, assist, encourage, enable, incite, or advise) with respect to the preparation or presentation of any portion of a tax return, claim, or other document, that Defendants know or have reason to know will be used as to a material matter arising under federal tax law, and will result in the understatement of the liability for tax of another person;

ii. Aiding, instructing, assisting, encouraging, enabling, inciting, or advising (or supervising or managing others who aid, instruct, assist, encourage, enable, incite, or advise) taxpayers to understate their federal tax liabilities or assert unreasonable, frivolous, or reckless positions, or preparing or assisting in the preparation or filing of tax returns for others that Defendants know (or have reason to know) will result in the understatement of any tax liability under 26 U.S.C. § 6662, or is subject to penalty under 26 U.S.C. § 6694;

iii. Knowingly and improperly aiding, instructing, assisting, encouraging, enabling, inciting, or advising (or supervising or managing others who improperly aid, instruct, assist, encourage, enable, incite, or advise) customers to evade or avoid the assessment or ...


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