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United States v. Nadel

United States District Court, S.D. Georgia, Savannah Division

January 6, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
ANDREA S. NADEL, in her individual capacity; ESTELLE NADEL, in her individual capacity; and EZ ACCOUNTING & TAX SERVICES, LLC, Defendants.

          ORDER

          R. STAN BAKER, UNITED STATES DISTRICT JUDGE

         Having considered the Complaint for Permanent Injunction, (doc. 1), and the Consent Motions for Permanent Injunction (docs. 12, 13) submitted by the United States and Andrea Nadel, and the United States and Andrea Nadel as the owner and registered agent of EZ Accounting & Tax Service, d/b/a Nadel's Tax Accounting (“EZ Accounting”), the Court GRANTS the parties' Consent Motions, (docs. 12, 13), directs the Clerk of Court to CLOSE this case and enter the appropriate judgment, and finds as follows:

         1. The United States of America filed the Complaint for Permanent Injunction pursuant to 26 U.S.C. §§ 7402 (a), 7407, and 7408 against Andrea Nadel, in her individual capacity and doing business as EZ Accounting, and Estelle Nadel in her individual capacity.

         2. Andrea Nadel and EZ Accounting admit that, for purposes of this injunction, the Court has jurisdiction pursuant to 28 U.S.C. §§ 1340 and 1345 and 26 U.S.C. § 7402 (a).

         3. Andrea Nadel and EZ Accounting, without admitting any allegations in the Complaint, waive the entry of findings of fact and conclusions of law under Rules 52 and 65 of the Federal Rules of Civil Procedure, consent to the entry of this permanent injunction, and agree to be bound by its terms.

         4. Andrea Nadel and EZ Accounting further understand and agree that:

a. The attached permanent injunction will be entered pursuant to Fed.R.Civ.P. 65 and will result in the entry, without further notice, of a final judgment in this matter;
b. Andrea Nadel and EZ Accounting waive the right to appeal from the permanent injunction;
c. The parties will each bear their own costs, including any attorneys' fees or other expenses of litigation;
d. The Court will retain jurisdiction over this matter for the purpose of implementing and enforcing the permanent injunction;
e. If either Andrea Nadel or EZ Accounting violates the permanent injunction, Ms. Nadel and EZ Accounting may be subject to civil and criminal sanctions for contempt of court;
f. In addition to the specific directives in the permanent injunction, Andrea Nadel and EZ Accounting have an obligation to preserve all pertinent documents in their possession, including tax returns, informational returns, correspondence, working papers, or any other documents connected to their tax preparation activities, whether stored electronically or on paper, as required by the Internal Revenue Code;
g. The United States may conduct full post-judgment discovery to monitor Andrea Nadel and EZ Accounting's compliance with the permanent injunction;
h. Entry of the permanent injunction resolves only this civil action, and neither precludes the Government from pursuing any other current or future civil or criminal matters or proceedings, nor precludes Andrea Nadel or EZ Accounting ...

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