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resolution of their tax cases that was inconsistent with the
settlements offered to other Kersting program participants.
Ms. Sullivan's referral to the OIG was assigned to
Mr. Halleck. On July 29, 1996, the OIG informed Ms. Sullivan
that the OIG would take no further action. The stated grounds
were the expiration of the period of limitations for criminal
prosecution of any acts of wrongdoing by Messrs. Sims and McWade
and the OIG's prior investigation and report.
J. Mr. Izen's Motion To Compel Production of Documents and
Issuance of Protective Orders
On April 26, 1996, the Court granted Mr. Izen leave to file
a Motion to Compel Answers to Deposition Questions and Production
of Documents.73 Mr. Izen argued that the Court should rule that
the crime-fraud exception to the attorney-client privilege
applies to these cases and that various witnesses, including
Messrs. Thompson, DeCastro, Sims, McWade, and a number of
additional Government attorneys, were barred from asserting
the attorney-client privilege in response to outstanding
discovery requests.74 The Court initially ordered respondent,
Mr. Thompson, and Mr. DeCastro to file responses to Mr. Izen's
73 Leave to file the motion to compel was necessary insofar
as the motion was filed beyond the Mar. 29, 1996, deadline for
completing discovery as set forth in the Court's order dated
Sept. 14, 1995, as amended by order dated Dec. 28, 1995.
74 The documents that the Government declined to produce
were listed in a privilege log and supplemental privilege log
that were attached to Mr. Sticht's Supplement to Petitioners'
Motion for Court Order Permitting Department of Treasury to
Disclose Information Pursuant to Privacy Act and Response to
Objections to Notice of Deposition filed Apr. 8, 1996.
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