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United States v. Melvan

676 F. Supp. 997 (1987)

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United States v. Melvan

United States District Court for the Central District of California
676 F. Supp. 997 (1987)

Facts

John Melvan (defendant) lived in the jurisdiction of the Southern District of California. Melvan allegedly conspired with 10 others to obtain fraudulent loans on property using straw buyers. Melvan himself allegedly served as a straw buyer for a property located in the jurisdiction of the Central District of California. The financial institution that allegedly was victimized by Melvan’s conduct was located in the Central District, as were most of Melvan’s coconspirators and numerous other financial institutions allegedly victimized by the conspiracy. Melvan mailed his 1982 tax return to an Internal Revenue Service (IRS) office located in the jurisdiction of the Eastern District of California. Along with his coconspirators, Melvan was indicted in the Central District for the loan-fraud conspiracy. Melvan also was indicted in the Central District for tax evasion for not reporting his proceeds from the alleged conspiracy on his 1982 return. Pursuant to 18 U.S.C. § 3237(b), Melvan moved to transfer venue to the Southern District as a matter of right.

Rule of Law

Issue

Holding and Reasoning (Rafeedie, J.)

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Casebooks

Tax Practice and Procedure

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