Crop Associates-1986, Frederick H. Behrens, Tax Matters Partner - Page 22




                                       - 22 -                                         
               3.   Invasion of privileged attorney-client                            
                    communications through unlawful monitoring of                     
                    meetings and telephone conversations.                             
               4.   Deprivation of access to vital business books and                 
                    records by their seizure and extended retention                   
                    pursuant to a search warrant that was improperly                  
                    sought and wrongfully issued on the basis of                      
                    material misrepresentations of fact made under                    
                    oath.                                                             
               5.   Misrepresentation of the status and duration of a                 
                    related grand Jury investigation in a manner that                 
                    seriously impeded the civil tax litigation.                       
               6.   Improper dissemination of grand jury materials.                   
               7.   Recalcitrance during discovery, resulting in                      
                    abnormal prejudicial delay.                                       
               8.   Obstreperousness and stonewalling during the                      
                    hearing on this matter, causing additional                        
                    unwarranted delay.                                                
               After discussing certain preliminary matters, we shall                 
          address the items in petitioner’s list, keeping in mind                     
          petitioner’s principal complaints and the claimed harms (as                 
          stated at the end of the hearing) as an aid to understanding                
          petitioner’s list.                                                          
          III.  Jurisdiction                                                          
               A.  Introduction                                                       
               Respondent filed a brief in answer to petitioner’s                     
          memorandum (respondent’s brief).  In that brief, respondent asks:           
                    As a matter of law, does the TMP have standing to                 
               raise (or rely upon) alleged violations of the                         
               constitutional rights of third parties (specifically                   
               AMCOR, its principals, and AMCOR-sponsored partnerships                
               (other than Crop Associates-1986)) as the basis for his                
               request for sanctions against Respondent?                              





Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011