Notice of Intent to Use Certification of Absence of Public Record Evidence — USA v. Sheppard (Dkt. 102, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 102 · 2023-09-20 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 22-CR-20290-BLOOM(s) 
 
         
 
 
UNITED STATES OF AMERICA, 
 
v.    
 
ERIC DEAN SHEPPARD, 
 
 
 
Defendant. 
                                                                    / 
UNITED STATES’ NOTICE OF INTENT TO SEEK ADMISSION 
OF CERTIFICATION OF THE ABSENCE OF A PUBLIC RECORD 
 
The United States of America, through the undersigned Assistant United States Attorney,  
hereby provides this notice, pursuant to Fed. R. Evid. 803(10), of the United States’ intent to 
introduce at trial certifications from the Internal Revenue Service (“IRS”) of certain tax return 
forms and tax return information that was/were not found among its records after having conducted 
a diligent search thereof.  Copies of the IRS Certifications of Lack of Record were provided in 
discovery on or about September 1, 2023.  Notice of intent to use this evidence as a self-
authenticating record under Fed. R. Evid. 902 was filed on September 6, 2023 and on September 
12, 2023.  The Certifications are the following:   
(1) 
Certification of Lack of Record of a Form 1065, U.S. Return of Partnership Income for 
HM Management and Development, LLC, for tax years ending on December 31, 2018, 
December 31, 2020 and December 31, 2021 (as of the date of June 4, 2022); 
(2) 
Certification of Lack of Record of a Form 941, Employer’s Quarterly Federal Tax Return, 
for HM Management and Development, LLC, for each quarter ending March 31, 2019, 
June 30, 2019, September 30, 2019, December 31, 2019, March 31, 2020, June 30, 2020, 
Case 1:22-cr-20290-BB   Document 102   Entered on FLSD Docket 09/20/2023   Page 1 of 3

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September 30, 2020, December 31, 2020, March 31, 2021, June 30, 2021, September 30, 
2021, and December 31, 2021 (as of the date of June 4, 2022); 
(3) 
Certification of lack of Record of a Form 940, Employer’s Annual Federal Unemployment, 
for HM Management and Development, LLC, for the tax years ending on December 31, 
2019, December 31, 2020, and December 31, 2021 (as of the date of June 4, 2022); 
(4) 
Certification of Lack of Record of a Form 1065, U.S. Return of Partnership Income for 
HM-Up Development Alafaya Trails, LLC, for tax years ending on December 31, 2020 
and December 31, 2021 (as of the date of June 4, 2022); 
(5) 
Certification of Lack of Record of a Form 1065, U.S. Return of Partnership Income for 
HM Four, LLC, for tax years ending on December 31, 2020 and December 31, 2021 (as of 
the date of June 4, 2022); 
(6) 
Certification of Lack of Record of a Form 1040, U.S. Federal Income Tax Return for Eric 
Sheppard, at 180 Bal Cross Drive, Bal Harbour, Florida 33154, for tax years ending on 
December 31, 2020 and December 31, 2021 (as of the date of June 4, 2022); 
 
              
 
 
 
 
 
 
 
 
 
Respectfully submitted, 
 
MARKENZY LAPOINTE 
UNITED STATES ATTORNEY 
 
                        
 
   BY: s/Aimee Jimenez                    
                                     
 
 
AIMEE C. JIMENEZ 
Court No. A5500795 
Assistant United States Attorney 
99 N.E. 4th Street, 6th Floor 
Miami, Florida 33132 
Tel: (305) 961-9028 
      Fax: (305) 530-7976 
      Email:  Aimee.Jimenez@usdoj.gov 
 
 
 
Case 1:22-cr-20290-BB   Document 102   Entered on FLSD Docket 09/20/2023   Page 2 of 3

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CERTIFICATE OF SERVICE 
 
I CERTIFY that on September 20, 2023, I electronically filed the foregoing document  
with the Clerk of the Court using CM/ECF.     
 
                         
 
 
 
By:  s/Aimee Jimenez_______                 
 
 
 
Aimee C. Jimenez 
 
 
 
Assistant U.S. Attorney 
 
 
Case 1:22-cr-20290-BB   Document 102   Entered on FLSD Docket 09/20/2023   Page 3 of 3

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