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U.S. v. SMITH

Crim. A. No. CR94-00018-BG(H).

898 F.Supp. 464 (1995)

UNITED STATES of America, Plaintiff, v. James Davis SMITH, Luther Rogers Wells, Defendants.

United States District Court, W.D. Kentucky, Bowling Green Division.

January 6, 1995.

Attorney(s) appearing for the Case

Steve Pence, United States Attorney's Office, Louisville, KY, for plaintiff.

R. Kent Westberry, Landrum & Shouse, Louisville, KY, Dominic Amorosa, New York City, for James David Smith.

George Salem, Jr., Franklin & Hance, Frank E. Haddad, Jr., Kenneth J. Tuggle, Robert C. Webb, Brown, Todd & Heyburn, Louisville, KY, for Luther Rogers Wells, Jr.

MEMORANDUM OPINION

HEYBURN, District Judge.

This case is before the Court on Defendant Wells' motion to suppress Bluegrass Industrial's corporate tax returns and other documents, which IRS revenue agents gathered during their civil audit. Defendant alleges that the revenue agents wrongfully investigated him for criminal conduct under the guise of a civil audit, and that they deceived him by giving misleading responses to inquiries, all of which caused a...

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