Duncan & Associates - Page 7

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          clothing for Mr. Duncan.                                                    
               On March 31, 1998, Mr. Duncan entered into a plea agreement            
          with the United States Attorney for the Northern District of                
          Illinois (Mr. Duncan’s March 31, 1998 plea agreement), in which             
          Mr. Duncan pleaded guilty to one count of obstructing and imped-            
          ing the due administration of the Code in violation of section              
          7212(a).3                                                                   
               In Mr. Duncan’s March 31, 1998 plea agreement, Mr. Duncan              
          acknowledged that he fraudulently and corruptly obstructed and              
          impeded, and endeavored to obstruct and impede, the due adminis-            
          tration of the Code by knowingly creating and causing the cre-              
          ation of false and fraudulent documents for the purpose of                  

               3Sec. 7212(a) provides:                                                
               SEC. 7212.  ATTEMPTS TO INTERFERE WITH                                 
                    ADMINISTRATION OF INTERNAL REVENUE LAWS.                          
                    (a) Corrupt or Forcible Interference.–-Whoever                    
               corruptly or by force or threats of force (including                   
               any threatening letter or communication) endeavors to                  
               intimidate or impede any officer or employee of the                    
               United States acting in an official capacity under this                
               title, or in any other way corruptly or by force or                    
               threats of force (including any threatening letter or                  
               communication) obstructs or impedes, or endeavors to                   
               obstruct or impede, the due administration of this                     
               title, shall upon conviction thereof, be fined not more                
               than $5,000, or imprisoned not more than 3 years, or                   
               both, except that if the offense is committed only by                  
               threats of force, the person convicted thereof shall be                
               fined not more than $3,000, or imprisoned not more than                
               1 year, or both.  The term “threats of force”, as used                 
               in this subsection, means threats of bodily harm to the                
               officer or employee of the United States or to a member                
               of his family.                                                         





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