United States v. Singh

973 F. Supp. 7, 81 A.F.T.R.2d (RIA) 769, 1997 U.S. Dist. LEXIS 11000, 1997 WL 428529
CourtDistrict Court, District of Columbia
DecidedApril 25, 1997
DocketCriminal Nos. CR. 96-0105 (RCL), 96-0487 (RCL)
StatusPublished
Cited by7 cases

This text of 973 F. Supp. 7 (United States v. Singh) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Singh, 973 F. Supp. 7, 81 A.F.T.R.2d (RIA) 769, 1997 U.S. Dist. LEXIS 11000, 1997 WL 428529 (D.D.C. 1997).

Opinion

MEMORANDUM OPINION

LAMBERTH, District Judge.

This matter comes before the court on the several motions of defendants. Upon consideration of the parties’ written submissions, oral arguments, and the relevant law, for the reasons set forth below, the court will deny each of defendants’ motions.

I. Facts

Mohinder Singh is the owner and operator of Professional Tax Service (Protax), an income tax return preparation and financial services business in Washington D.C. Derrick Washington is the office manager of Protax, as well as the business’ only full-time employee. The Internal Revenue Service (IRS) began an investigation of Protax when Claude Bordelon, an informant, first told the agency that he believed Protax was preparing false returns for individuals. Bordelon was a former employee of Protax having worked there as one of several part-time tax preparers hired during the tax season. Based on this information, the IRS began an [10]*10investigation Protax which included an undercover operation. The investigation lasted until Singh and Washington were indicted.

Singh and Washington were indicted by a federal grand jury on April 3,1996. In count one of the indictment, Singh and Washington are charged with conspiring to defraud the United States for the purpose of impeding the lawful government functions of the IRS in violation of 18 U.S.C. § 371. Counts two through seventeen charge Singh and Washington with aiding and assisting in the preparation and presentation of false federal income tax returns to the IRS, in violation of 26 U.S.C. § 7206(2). Counts eighteen through twenty-two charge Singh and Washington with corruptly obstructing and impeding IRS audits in violation of 26 U.S.C. § 7212(a). In count twenty-three, Singh and Washington are charged with conspiracy to obtain property of more than $250 from financial and mortgage lending institutions in violation of 22 D.C.Code § 105(a). Count twenty-four charges Singh and Washington with bank fraud in violation of 18 U.S.C. § 1344 and 18 U.S.C. § 2(a) and (b). Counts twenty-five through twenty-eight charge Singh with tax evasion in violation of 26 U.S.C. § 7103. Counts twenty-nine and thirty charge Washington with failure to file individual federal income taxes in violation of 26 U.S.C. § 7203.

II. Defendants’ Motions to Suppress Evidence

Through separate motions, both Singh and Washington move the court to suppress the evidence seized by the government from the premises of Protax, 3121 Martin Luther King, Jr. Ave., S.E., Washington, D.C. Singh also asks the court to suppress the evidence seized from his residence at 8537 Old Dominion Drive, McLean, Virginia. Although the court agrees with defendants that the affidavit did not provide probable cause for the broad searches authorized by the warrants, the motions to suppress are denied because the court finds the officers acted in good faith reliance on the warrants, each of which was approved by a detached and neutral magistrate judge.

A. Facts

IRS Special Agent Robert J. Van Shufflin provided the sworn affidavit used to support the requests for search warrants for both addresses. In the short, nine-page affidavit, Van Shufflin provided minimal information on the allegedly illegal activities at Protax. First, Van Shufflin stated that the IRS Criminal Investigation Division (CID) had learned from the Philadelphia Service Center that 98% of the returns prepared by Protax for the tax years 1989, 1990, 1992, and 1993 resulted in refunds as opposed to the national average of 75% reported by the IRS 1992 Annual Report. Second, Van Shufflin stated that a confidential informant provided CID with the information that Protax charges approximately $250.00 for the preparation of a tax return. Third, Van Shufflin described in great detail the interaction of an IRS undercover agent with Protax that led to the preparation of two sets of allegedly false tax returns.

B. Analysis

Defendants challenge the warrants on two different, but necessarily related grounds. Specifically, defendants argue that the warrants are “general” warrants because they did not identify with particularity the places to be searched and the items to be seized. Additionally, defendants argue that the affidavit used to support the warrants did not establish probable cause for the searches.

The fourth amendment states that a search warrant must “particularly describ[e] the place to be searched, and the persons or things to be seized.” U.S. Const, amend IV. Thus, the fourth amendment prohibits “the general, exploratory rummaging [of] a person’s belongings.” United States v. Maxwell, 920 F.2d 1028, 1031 (D.C.Cir.1990). “By limiting searches ‘to the specific areas and things for which there is probable cause to search, the [particularity] requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of wide-ranging exploratory searches the Framers intended to prohibit.’ ” Id., quoting Maryland v. Garrison, 480 U.S. [11]*1179, 84, 107 S.Ct. 1013, 1016, 94 L.Ed.2d 72 (1987).

The D.C. Circuit has held that a search warrant may be construed with reference to the affidavit supporting it for purposes of meeting the particularity requirement. Maxwell, 920 F.2d at 1031. Because the Van Shufflin affidavit accompanied each warrant as an attachment, the court finds that it was properly incorporated, and will construe each warrant together with the affidavit.

Defendants argue that the warrants fail to describe in detail the places to be searched and the items to be seized. The court easily disagrees with defendants’ characterizations. Both the office and the house are described by address on the first page of each warrant and by a detailed description attached to the warrants as Exhibit A. Furthermore, Exhibit B, referenced by and attached to each of the warrants, describes in fair detail the many records to be taken and thus left the executing officers with no discretion to determine what was and what was not included in the search. Cf. United States v. Offices Known as 50 State Distributing Co., 708 F.2d 1371, 1374 (9th Cir.1983).

The court must next decide if authorization of such broad warrants was supported by probable cause. Defendants argue that Van Shufflin’s affidavit fell far short of establishing probable cause for such broad warrants, and the court agrees.

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973 F. Supp. 7, 81 A.F.T.R.2d (RIA) 769, 1997 U.S. Dist. LEXIS 11000, 1997 WL 428529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-singh-dcd-1997.