IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN ... · Simonson 3 2006 Transcript of Account,...
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 11-00224-01/02-CR-W-DW ) JOSHUA SIMONSON, ) a/k/a Joshua Michael of Simonson, ) ) and ) ) KRISTEN SIMONSON, ) a/k/a Kristen Moody, ) ) Defendants. ) GOVERNMENT'S SECOND AMENDED LIST OF EXHIBITS Comes now the United States of America and files the attached list of exhibits which the Government may offer at trial in its case-in-chief in this matter. Respectfully submitted, David M. Ketchmark Acting United States Attorney By /s/ Daniel M. Nelson Daniel M. Nelson Assistant United States Attorney By /s/ Roseann Ketchmark Roseann Ketchmark Assistant United States Attorney Charles Evans Whittaker Courthouse 400 E. 9th Street, Suite 5510 Kansas City, Missouri 64106 Telephone: (816) 426-3122 Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 1 of 14
Transcript of IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN ... · Simonson 3 2006 Transcript of Account,...
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) No. 11-00224-01/02-CR-W-DW
)
JOSHUA SIMONSON, )
a/k/a Joshua Michael of Simonson, )
)
and )
)
KRISTEN SIMONSON, )
a/k/a Kristen Moody, )
)
Defendants. )
GOVERNMENT'S SECOND AMENDED LIST OF EXHIBITS
Comes now the United States of America and files the attached list of exhibits which the
Government may offer at trial in its case-in-chief in this matter.
Respectfully submitted,
David M. Ketchmark
Acting United States Attorney
By /s/ Daniel M. Nelson
Daniel M. Nelson
Assistant United States Attorney
By /s/ Roseann Ketchmark
Roseann Ketchmark
Assistant United States Attorney
Charles Evans Whittaker Courthouse
400 E. 9th Street, Suite 5510
Kansas City, Missouri 64106
Telephone: (816) 426-3122
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 1 of 14
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was delivered on
November 21, 2012, to the CM-ECF system of the United States District Court for the Western
District of Missouri, and a copy of the foregoing was mailed to:
Joshua Simonson
3131 Morton
Great Bend, KS 67530
Kristen Simonson
3131 Morton
Great Bend, KS 67530
/s/ Daniel M. Nelson
Daniel M. Nelson
Assistant United States Attorney
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 2 of 14
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) No. 11-00224-01/02-CR-W-DW
)
JOSHUA SIMONSON, )
a/k/a Joshua Michael of Simonson, )
)
and )
)
KRISTEN SIMONSON, )
a/k/a Kristen Moody, )
)
Defendants. )
E X H I B I T S = Offered & admitted without objection.
X. = Offered & admitted over objection.
Ex. = Offered, but objected to and excluded.
N.O. = Marked but not offered.
D.B. = Admitted, de bene.
W.D. = Offered then withdrawn.
Ltd. = Admitted for limited purpose.
EXHIBIT
NUMBER
ACTION
TAKEN DATE TIME DESCRIPTION
1
2006 Amended US Individual
Income Tax Return 1040X, Kristen
Simonson, received 9/19/08
I certify that I have this date ___________________ received from the Clerk, United States District Court,
Western District of Missouri, the following numbered exhibits listed above, for which I hold myself responsible:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
PRINTED NAME
_________________________________________________________________
SIGNATURE
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 3 of 14
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2 Envelope for 2006 1040X, Kristen
Simonson
3 2006 Transcript of Account, Kristen
Simonson
4
US Treasury Check for
$582,277.24, dated 11/14/08, issued
to Kristen Simonson
5
2007 Amended US Individual
Income Tax Return Form 1040X,
Kristen Simonson, received 9/19/08
6 Envelope for 2007 1040X, Kristen
Simonson
7 2007 Transcript of Account, Kristen
Simonson
8
US Treasury Check for $4,215,
dated 11/07/08, issued to Kristen
Simonson
9
2007 US Individual Income Tax
Return Form 1040, electronically
filed, Josh Simonson, filed 10/08/08
10 2007 Transcript of Account, Josh
Simonson
11
US Treasury Check for $223,726,
dated 10/24/08, issued to Joshua
Simonson
12 IRS Letter #3174, Kristen
Simonson, dated January 25, 2010
13 IRS Letter #3174, Joshua Simonson,
dated January 25, 2010
14
Check #1016 dated February 3,
2010, from Joshua Simonson, in the
amount of $1,005,356.36, drawn on
the Federal Reserve Bank of Atlanta
15
Check #1015 dated February 5,
2010, from Joshua Simonson, in the
amount of $371,933.81, drawn on
the Federal Reserve Bank of Atlanta
16 Application sent to the Federal
Reserve Bank of Atlanta
17 Letter from Joshua Simonson sent to
the Federal Reserve Bank of Atlanta
18 Due Presentment Under Notary Seal
dated February 5, 2010
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19 Notary Certificate of Service dated
February 5, 2010
20
Envelope stamped received by IRS
on February 8, 2010, with a
postmark from Kansas City,
Missouri dated February 5, 2010
21
Digital recording of interview,
Joshua Simonson, dated June 21,
2010
22 Transcript of interview, Joshua
Simonson, dated June 21, 2010
23
2006 IRS Third Party Information
Return Program Transcript for
Kristen Simonson
24
2007 IRS Third Party Information
Return Program Transcript for
Kristen Simonson
25
2007 IRS Third Party Information
Return Program Transcript for
Joshua Simonson
26 Cover Letter, Candy Stanton, dated
February 11, 2010
27
Copy of Deposit Slip, Bank of
America Account #354003284883
in the amount of $223,726 dated
October 30, 2008
28
Copy of Deposit Item, United States
Treasury Check #2309 50090318 in
the amount of $223,726 paid to the
order of Joshua Simonson
29
Copy of Deposit Slip, Bank of
America account #354003284883 in
the amount of $4,615.00, dated
November 14, 2008
30
Copy of Deposit Item, United States
Treasury Check #2309 51399221 in
the amount of $4,215 paid to the
order of Kristen L. Simonson
31
Copy of Wire Transfer Report in the
amount of $60,000 from Bank of
America account #354003284833 to
Wells Fargo account #678396502 in
the name of Boulder Mountain
Funding Trust
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32
Copy of Signature Card for Bank of
America account #354003284883,
Kristen and Joshua Simonson, dated
January 25, 2008
33
Copy of withdrawal slip for Bank of
America Account #354003284883,
Kristen Simonson, in the amount of
$50,529.07, dated November 6,
2008
34
Copy of Cashier’s Check from Bank
of America in the amount of
$50,529.07 payable to McCarthy
Nissan with Joshua Simonson as the
remitter
35
Purchase paperwork for 2008
Nissan Armada from McCarthy
Nissan
36
Copies of Bank Statements, Bank of
America Account #354003284883,
Kristen and Joshua Simonson, from
September 25, 2008 through
February 23, 2009
37
Bank of America Email Verification
of Joshua Simonson Form
1099-OID in the amount of
$301,050
38
Bank of America Time Deposit
Account ending #8663 in the name
of Hohokum Home Investments
LLC
39
Bank of America Signature Card for
Account ending #6672 in the name
of Hohokum Home Investments
LLC
40
Bank of America Account
Statements for Account ending
#6672 in the name of Hohokum
Home Investments LLC
41
Bank of America Cancelled Checks
for Account ending #6672 in the
name of Hohokum Home
Investments LLC
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42
Bank of America Deposit Items for
Account ending #6672 in the name
of Hohokum Home Investments
LLC
43
Bank of America Signature Card for
Account ending #4805 in the name
of FPSMI Trust Joshua M.
Simonson TRTEE
44
Bank of America Account
Statements for Account ending
#4805 in the name of FPSMI Trust
Joshua M. Simonson TRTEE
45
Bank of America Cancelled Checks
for Account ending #4805 in the
name of FPSMI Trust Joshua M.
Simonson TRTEE
46
Bank of America Deposit Items for
Account ending #4805 in the name
of FPSMI Trust Joshua M.
Simonson TRTEE
47
Regions Signature Card for Account
ending #9823 in the name of Gladius
Investments
48
Regions Account Statements for
Account ending #9823 in the name
of Gladius Investments
49 RESERVE
50
Certification of Lack of Income Tax
Return for Joshua Simonson for
2008 through 2011
51
Certification of Lack of Income Tax
Return for Kristen Simonson for
2008 through 2011
52
Kristen Simonson 2005 Form 1040
Tax Return reporting $14,581 in
total income
53
Kristen Simonson 2006 Form 1040
Tax Return reporting $33,072 in
income
54
Kristen Simonson 2007 Form 1040
Tax Return reporting $7,360 in
income
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55
Joshua Simonson 2004 Form 1040
Tax Return reporting $3,645 in total
income
56
Certified Copy of Social Security
Administration records reflecting
the issuance of social security
number and card to Kristen Loree
Moody
57
Certified Copy of Social Security
Administration records reflecting
the re-issuance of social security
number and card to Kristen Loree
Simonson
58 RESERVE
59 RESERVE
60 Cover Letter, David Buller, dated
September 22, 2009
61
Copy of Signature Card, UMB Bank
account #9840750444, Kristen and
Joshua Simonson, dated November
21, 2008
62
Copies of Bank Statements, UMB
Bank account #9840750444, Kristen
and Joshua Simonson, from
November 21, 2008 through August
24, 2009
63
Copy of Deposit Slip, UMB Bank
account #9840750444, Kristen and
Joshua Simonson in the amount of
$82,277.24 dated November 21,
2008
64
Copy of Signature Card, UMB Bank
account #9840750460, Kristen
Simonson, dated November 21,
2008
65
Copies of Bank Statements, UMB
Bank account #9840750460, Kristen
Simonson, from November 21, 2008
through February 23, 2009
66
Copy of Deposit Slip, UMB Bank
account #9840750460, Kristen
Simonson in the amount of
$250,000 dated November 21, 2008
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67
Signature Card, UMB Bank account
#9840750452, Joshua Simonson,
dated November 21, 2008
68
Copies of Bank Statements, UMB
account #9840750452, Joshua
Simonson, from November 24, 2008
through January 26, 2009
69
Copy of Deposit Slip, UMB Bank
account #9840750452, Joshua
Simonson in the amount of
$250,000, dated November 21, 2008
70
Copy of Deposit Item, US Treasury
check #2309 52046515, in the
amount of $582,277.24, dated
November 14, 2008 with a UMB
Bank transaction date of November
21, 2008
71
Copy of Wire Transfer, Joshua
Simonson, from UMB Account
#9840750444, in the amount of
$80,000 to Wells Fargo Bank
account #6783965202 in the name
of Boulder Mountain Funding Trust
72
Copy of Business Account
Application, Wells Fargo Bank
account #6783965202, Boulder
Mountain Funding Trust, authorized
signer Sam Davis, dated April 23,
2008
73
Copies of Bank Statements, Wells
Fargo account #6783965202,
Boulder Mountain Funding Trust,
from January 8, 2009 through March
6, 2009
74
Copy of Wire Transfer, Wells Fargo
account #678396502, Boulder
Mountain Funding Trust, from BOA
account #354003284883, Kristen
and Joshua Simonson in the amount
of $60,000, dated January 29, 2009
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 9 of 14
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75
Copy of Wire Transfer, Wells Fargo
account #678396502, Boulder
Mountain Funding Trust, from
UMB Bank account #9840750444,
Joshua Simonson in the amount of
$80,000 dated January 30, 2009
76 RESERVE
77
Correspondence received by IRS
from Joshua Simonson on 6/8/09
attaching a Notice of Balance Due
for Kristen Simonson re $7,039.
78
Correspondence received by IRS
from Joshua Simonson on 6/8/09
attaching a Notice of Balance Due
for Kristen Simonson re
$893,853.61.
79
Correspondence received by IRS
from Joshua Simonson on 6/8/09
attaching an initial assessment
document for Kristen Simonson re
$332m190.99.
80
Correspondence received by IRS on
6/26/09 enclosing copies of notice
of levy issued re Joshua Simonson to
New Millenium Bank and UMB
Bank.
81
Correspondence received by IRS
from Joshua Simonson on 6/26/09
enclosing copies of notice of levy
issued re Kristen Simonson to New
Millenium Bank and UMB Bank.
82 IRS 3175 Letter regularly sent to
frivolous tax filers
83 RESERVE
84 RESERVE
85 Business Records Declaration,
Michele Lai, dated July 6, 2010
86 Account Management Tool, Mr Josh
Simonson
87 Subscriber Information, Joshua M
Simonson
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 10 of 14
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88
CD-R containing emails over 180
days old for account
[email protected], dated
July 6, 2010
89
Copy of email from
[email protected], dated
June 30, 2008
90
Copy of email from
[email protected], dated
July 17, 2008
91
Copy of email from
[email protected], dated
July 18, 2008
92
Copy of email from
[email protected], dated
July 24, 2008
93
Copy of email from
[email protected], dated
July 28, 2008
94
Copy of email from
[email protected], dated
November 11, 2008
95
Copy of email from
[email protected], dated
January 24, 2009
96
Copy of email from
[email protected], dated
January 25, 2009 at 15:38 hours
97
Copy of email from
[email protected], dated
January 25, 2009 at 15:45 hours
98
Copy of email from
[email protected], dated
January 25, 2009 at 16:57 hours
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 11 of 14
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99
Copy of email from
[email protected], dated
January 25, 2009 at 17:15 hours
100
Copy of email from
[email protected] dated
January 25, 2009 at 17:43 hours
101
Copy of email from
[email protected], dated
January 25, 2009 at 20:58 hours
102
Copy of email from
[email protected], dated
January 26 at 10:59 hours
103
Copy of email from
[email protected], dated
January 26, 2009 at 11:02 hours
104
Copy of email from
[email protected], dated
January 26, 2009 at 11:35 hours
105
Copy of email from
[email protected], dated
January 26, 2009 at 11:57 hours
106
Copy of email from
[email protected], dated
January 26, 2009 at 15:44 hours
107
Copy of email from
[email protected], dated
January 30, 2009 at 06:18 hours
108
Copy of email from
[email protected], dated
January 30, 2009 at 09:56 hours
109
Copy of email from
[email protected], dated
January 30, 2009 at 10:31 hours
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 12 of 14
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110
Copy of email from
[email protected], dated
January 30, 2009 at 12:54 hours
111 Copy of cover sheets for Kristen and
Joshua Simonson files
112 Files of Teresa Marty from Search
Warrant
113 2007 Forms 1099-OID for Joshua
Simonson
114
Complaint for Permanent
Injunction, Teresa Marty, dated
March 4, 2009
115 Court Order, Teresa Marty, dated
March 10, 2010
116 Judgment, Teresa Marty, dated
March 10, 2010
117 Copy of United States Post Office
Flat Rate Mailing Envelope
118
Copy of Confidential Dispatch from
the De jure Grand Juries of the
American Republics dated March
24, 2010
119 RESERVE
120 Amended return prepared by Linda
Barrier for Joshua Simonson
121 Amended return prepared by Linda
Barrier for Kristen Simonson
122 Amended return prepared by Linda
Barrier for Christopher Sadusky
123
Employment file for Kristen
Simonson from Sylvan Learning
Center
124 IRS Integrated Collection System
Report for Joshua Simonson
125 IRS Integrated Collection System
Report for Kristen Simonson
126
Record of IRS lien notifications sent
to Joshua and Kristen Simonson on
May 4, 2009
127 RESERVE
128 Photo of 2008 Nissan Armada
(Exterior)
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 13 of 14
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129 Photo of 2008 Nissan Armada
(Motor and Trunk)
130 Photo of 2008 Nissan Armada
(Dashboard)
131
Exterior Photos of 1003 Southwest
Whitetail Drive, Oak Grove,
Missouri (Oaks of Edgewood
Subdivision)
132
Interior Photos of 1003 Southwest
Whitetail Drive, Oak Grove,
Missouri
133 Driver’s License Photo of Josh
Simonson
134 Driver’s License Photo of Kristen
Simonson
135
Joshua Simonson 2007 Action
History from Frivolous Return
Program
136
Kristen Simonson 2006 Action
History from Frivolous Return
Program
137
Kristen Simonson 2007 Action
History from Frivolous Return
Program
138 RESERVE
139 RESERVE
140 RESERVE
141 RESERVE
142 RESERVE
143 RESERVE
144 RESERVE
145 RESERVE
146 RESERVE
147 RESERVE
148 RESERVE
149 RESERVE
150 RESERVE
Case 4:11-cr-00224-DW Document 71 Filed 11/21/12 Page 14 of 14
