IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

WARD DEAN,	)
	)
Plaintiff,	)
	)
v.	)	No.3 :03 cv 00065 (LAC/MCR)
	)
UNITED STATES, et al.,	)
	)
Defendants.	)
	)

DECLARATION OF SPECIAL AGENT TANYA D. BURGESS

I, Tanya D. Burgess, under 28 U.S.C. § 1746 declare as follows:

1. I am employed as a Special Agent with the Internal Revenue Service ("Service"), Criminal Investigation. I have been employed with Criminal Investigation since 1980 and am currently assigned to the Pensacola, Florida office.

2. An investigation of Ward Dean concerning his Federal income tax liability for the years 1997 through 2001 was opened in October 2002, and in my capacity as a special agent, I was assigned to conduct the investigation. The purpose of the investigation is to determine whether Dean has committed an offense under the Internal Revenue Code, for example, by attempting to evade Federal income taxes, filing fraudulent Federal income tax returns or any other tax related offenses for the years 1997 through 2001.

3. After opening the investigation, summonses were issued to potential third-part . witnesses, and in addition, interviews were conducted with other third-parties that were not summoned. As a result of these summonses and interviews, I have learned that Dean has contacted and discouraged third-parties from cooperating with the investigation.

4. During and/or after each interview, I took notes of the witness' statements and placed the notes and/or memorandum about the conversation in the criminal investigation case file. The case file contains, besides my notes and memoranda of interviews, other evidence that I have collected, as well as relevant facts, my impressions of the case, the demeanor of the witnesses and recommendations regarding prosecution.

5. The Department of Justice has since authorized the United States Attorney for the Northern District of Florida to initiate a grand jury investigation of Dean for possible criminal tax violations.

6. On or about June 20, 2003, Dean served the United States with his first set of interrogatories, admissions and request for the produ~tion of documents as part of the civil litigation that he instituted in this Court. Dean's first set of discovery requests are attached as Exhibit I. Again, on or about July 1,2003, Dean has served the United States with a second set of interrogatories, admissions and request for the production of documents. Dean's second set of discovery requests are attached as Exhibit 2.

7. Release of information sought by plaintiff through civil discovery , such as the copies of documents sent to third-parties requesting information about Dean during the investigation and the Service's internal documents and forms relating to the ongoing investigation, would seriously impair the criminal investigation. In particular, Dean would gain knowledge of information regarding the nature and direction of the investigation, the scope of the investigation, evidence secured to date, the identities of witnesses or potential witnesses, the nature of the witnesses' or potential witnesses' testimony, the identification of any confidential informants and other investigative sources.

8. Disclosure of this information could enable Dean to construct defenses, tamper with potential evidence, attempt to intimidate or influence potential witnesses (which he has already done) or otherwise interfere with the investigation and grand jury proceedings. The disclosure of the identity of witnesses and potential witnesses could have an adverse impact upon their present and future cooperation. Indeed, in order to defend the merits of this action, the United States will have to identify the third-parties contacted and describe the nature of the communications with the third-parties.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on July 24, 2003.

TANYA D. BURGESS
Special Agent
Criminal Investigation
Internal Revenue Service
880 N. Reus Street, Suite 101
Pensacola, Florida 32501