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U.S. v. Daugerdas

'Honeycutt' Claim Rejected in Denial of Audita Querela Relief From Restitution Forfeiture

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MEMORANDUM & ORDER Pro se Defendant Paul M. Daugerdas petitions this Court for a writ of audita querela vacating the forfeiture and restitution orders entered following his convictions for conspiracy to defraud the United States and other crimes related to a fraudulent tax shelter scheme. Specifically, Daugerdas contends that his forfeiture and restitution obligations are unenforceable in view of recent Supreme Court precedent that applies retroactively to this criminal action. (See Pet. for Writ of Audita Querela, ECF No. 933 (“Petition”), at 1.) For the following reasons, the Petition is denied. BACKGROUND On July 1, 2013, the Government filed a sixth Superseding Indictment charging Daugerdas with running a fraudulent tax shelter scheme from approximately 1994 until 2004. (See generally ECF No. 644 (“S6 Indictment”).) The S6 Indictment contained forfeiture allegations pursuant to 18 U.S.C. §1981(a)(1)(C)1 and 18 U.S.C. §1982(a)(2)(A), seeking forfeiture of any proceeds obtained from the conspiracy and mail fraud offenses. (S6 Indictment

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