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United States v. Thompson

United States District Court, D. Oregon

June 13, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM C. THOMPSON; MINHTAM THOMPSON; LITECLAY, INC.; MERDO, INC.; BRANCETON, INC.; and DECORATIVE METAL SERVICES, INC., Defendants.

          OPINION AND ORDER

          ANNA J. BROWN United States Senior District Judge

         This matter comes before the Court on Defendant William C. Thompson's Amended Motion (#76) to Compel the Production of Documents and Second Motion (#82) to Compel the Production of Documents. For the reasons that follow, the Court DENIES Defendant's Motions.

         BACKGROUND

         The following facts are taken from Plaintiff's Complaint, the parties' materials filed related to William Thompson's Motions to Compel, and the parties' materials filed related to Plaintiff's Motion (#70) for Partial Summary Judgment incorporated by reference in the materials related to the Motions to Compel.

         On June 21, 1995, David Rogers[1] “filed Articles of Incorporation with the Oregon Secretary of State to create [Defendant] Liteclay, Incorporated.” Compl. at ¶ 30.

         On June 27, 1995, Ronald Ford[2] “filed Articles of Incorporation with the Oregon Secretary of State to create [Defendant] Merdo, Inc.” Compl. at ¶ 32.

         Rogers and Ronald Ford were, in fact, homeless men whom William Thompson allegedly “caused to set up” Liteclay and Merdo “on [William] Thompson's behalf.” Compl. at ¶¶ 31, 33.

         On June 29, 1995, Lee Langan[3] transferred property at 24000 S.W. Hillsboro Highway, Newberg, Oregon, 97132 (Newberg Property), to Defendants Liteclay and Merdo, Inc., as tenants in common. The Warranty Deed was recorded in the Washington County Clerk's Office on July 31, 1995. Liteclay and Merdo are the present owners of the Newberg Property.

         On December 29, 1995, Liteclay and Merdo “purportedly granted a Trust Deed on the Newberg Property in favor of [Defendant] Branceton[, Inc., ] as the beneficiary. The Trust Deed purportedly secured repayment of a loan of $1, 858, 000.” Compl. at ¶ 34. Kelly Ford, an attorney “engaged” by William Thompson, signed the Trust Deed on behalf of Liteclay and Merdo as Vice President of each corporation. Decl. of Dylan Cerling, Ex. B at 3. The Trust Deed was recorded in the Washington County Clerk's Office on December 29, 1995.

         William Thompson concedes the transaction that occurred on December 29, 1995, was a false mortgage created by him. Specifically, William Thompson agrees “Kelly Ford was used to pursue a sham cloud on the title of the property subject to this litigation. There was no legitimate basis for the underlying debt. This was done in the name of a sham corporation, Branceton, Inc.” William Thompson and Minhtam Thompson resided at the Newberg Property from 1995 through 2003. Their children “presently reside” at the property.

         On September 4, 2007, a duly authorized delegate of the Secretary of the Treasury recorded in the Washington County Clerk's Office a Notice of Federal Tax Lien “concerning certain unpaid [federal-tax] assessments” for tax years 1999-2004, 2006, and 2013.

         On September 7, 2007, a duly authorized delegate of the Secretary of the Treasury recorded in the Washington County Clerk's Office a Notice of Federal Tax Lien concerning certain unpaid [federal-tax] assessments” for tax years 1999-2004. The Notice of Federal Tax Lien “named Liteclay and Merdo as [William] Thompson's nominees with respect to the Newberg Property.” Compl. at ¶ 47.

         On June 24, 2011, a duly authorized delegate of the Secretary of the Treasury recorded in the Washington County Clerk's Office a Notice of Federal Tax Lien “concerning certain unpaid [federal-tax] assessments” for tax years 1996-2004.

         On June 24, 2011, a duly authorized delegate of the Secretary of the Treasury recorded in the Washington County Clerk's Office a Notice of Federal Tax Lien “concerning certain unpaid [federal-tax] assessments” for tax years 1999-2004, 2006, and 2013.

         On February 14, 2013, a duly authorized delegate of the Secretary of the Treasury recorded in the Washington County Clerk's Office a Notice of Federal Tax Lien concerning certain unpaid [federal-tax] assessments” for tax years 1996-1998, 2006, and 2013. The Notice of Federal Tax Lien “named Liteclay and Merdo as Thompson's nominees with respect to the Newberg Property.” Compl. at ¶ 48.

         On August 3, 2015, a duly authorized delegate of the Secretary of the Treasury recorded in the Washington County Clerk's Office a Notice of Federal Tax Lien concerning certain unpaid [federal-tax] assessments” for tax years 2006 and 2013.

         On May 22, 2017, Plaintiff filed a Complaint in this Court against William Thompson; Minhtam Thompson; Liteclay, Inc.; Merdo, Inc.; Branceton, Inc.; Decorative Metal Services, Inc.; and Washington County, Oregon, seeking a judgment against William Thompson for his unpaid federal-tax liabilities “[i]ncluding penalties and interest.” Plaintiff also seeks a “determination” that William Thompson is the ...


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