Court filing
Notice of Intent to Use Certification of the Absence of a Public Record Evidence — USA v. Sheppard (Dkt. 124, S.D. Fla.)
Filed November 13, 2023 in USA v. Sheppard; one of 253 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-11-13 |
U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 124 · 2023-11-13 · Docket on CourtListener
Full text
1
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’ SECOND 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 these IRS Certifications of Lack of Record were provided in
discovery on or about October 10, 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 941, Employer’s Quarterly Federal Tax Return,
for HM-UP Development Alafaya Trails, LLC, for each quarter ending March 31, 2019,
June 30, 2019, September 30, 2019, December 31, 2019, March 31, 2020, June 30, 2020,
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);
(2)
Certification of lack of Record of a Form 940, Employer’s Annual Federal Unemployment,
Case 1:22-cr-20290-BB Document 124 Entered on FLSD Docket 11/13/2023 Page 1 of 3
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for HM-UP Development Alafaya Trails, 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);
(3)
Certification of Lack of Record of a Form 941, Employer’s Quarterly Federal Tax Return,
for HM Four, LLC, for each quarter ending March 31, 2019, June 30, 2019, September 30,
2019, December 31, 2019, March 31, 2020, June 30, 2020, 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);
(4)
Certification of lack of Record of a Form 940, Employer’s Annual Federal Unemployment,
for HM Four, 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);
(5)
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 year ending on
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 124 Entered on FLSD Docket 11/13/2023 Page 2 of 3
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CERTIFICATE OF SERVICE
I CERTIFY that on November 13, 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 124 Entered on FLSD Docket 11/13/2023 Page 3 of 3File and source
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