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Ramos was unaware of alleged contemporaneous memoranda from
petitioner to Mr. Reiter when he finalized his special agent’s
report.
IRS District Counsel reviewed the Criminal Investigation
Division’s recommendation to prosecute petitioner. Allison
Rodgers Haft was assigned to review petitioner’s case. As part
of the review, petitioner was offered an opportunity to present
the IRS with defenses to the proposed criminal charges (criminal
conference). At the criminal conference, held on October 18,
1995, Ms. Haft explained the proposed charges and offered
petitioner the opportunity to present any defenses.
Kenneth Gordon, a former IRS District Counsel attorney,
represented petitioner during the criminal investigation and at
the criminal conference. After acknowledging that any statements
Mr. Gordon made could be used against petitioner in any
subsequent legal proceedings, Mr. Gordon made a presentation of
petitioner’s defenses. At the criminal conference, Mr. Gordon
did not assert that petitioner sent monthly memoranda to Mr.
Reiter regarding her Merrill Lynch account. Mr. Gordon stated
that petitioner had absolutely nothing to do with her Merrill
Lynch account, and that she avoided mathematics, numbers, and
accounting for the law firm’s money.
In February 1996, Mr. Gordon sent the U.S. Department of
Justice attorney reviewing petitioner’s case copies of what
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