Peinado
Peinado v. United States
Opinion
Opinion
Schwarzer, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This is an action for damages against the United States pursuant to 26 U.S.C. § 7431 (a)(1). The plaintiff claims that damages should be awarded him because the United States Attorney’s Office issued two press releases; one announcing that the plaintiff had plead guilty on January 27, 1986 to two counts of income tax evasion in United States v. Manual Peinado, CR-85-0302-TEH; and a second one when the plaintiff was sentenced in that criminal case on March 3, 1986. Plaintiff claims these two press releases violated the disclosure provisions of § 6103 since they allegedly disclosed return or return information about plaintiff.
The plaintiff Manual J. Peinado was indicted on April 3, 1985 in this district court for two counts of tax evasion and two counts of preparing false federal income tax returns. The trial of this matter occurred in October 1985. The defendant took the stand in his own defense. The trial ended in a mistrial.
On January 27, 1986 the defendant plead guilty in the criminal case to two counts of tax evasion. After the plea was taken, the U.S. Attorney's Office issued a press release announcing the plea. The…