Judge Lawrence J. O’Neill then turned the issue over to a District Court Judge with authority to issue an appropriate ruling.
A few short weeks later, after being appointed to a District Court Judge himself, Judge O’Neill again takes up the case and issues a ruling that basically rendered that his previous ruling as Magistrate Judge was legal, and that the search warrant is now valid, with the motion to return illegally obtained evidence under the invalid search warrant denied. Conflict of interest? It would most certainly seem to have all the appearances of an inherent conflict of interest situation.
A lawsuit was subsequently filed against the IRS agent who served the search warrant, along with a does 1-20, meaning that although Judge Lawrence J. O’Neill was not named as a defendant, he was still a potential defendant.
This new lawsuit was then assigned to a different Judge, who ruled that the lawsuit had merit and denied a motion by the government to have the lawsuit dismissed.
This case in point involves a California man who was alleged to have aided and abetted a California chiropractor and his wife in a tax evasion scheme involving the use of separate trusts to hide income. The chiropractor and his wife were also named as co defendants in the case.
The case dragged on for another three years, during which time three separate grand juries were convened under the direction and supervision of, Judge Lawrence J. O’Neill, of course. All three grand juries refused to return an indictment against the co conspirators due to lack of evidence of a crime having been committed.
However, a fourth grand jury did find enough evidence for a criminal indictment, with Judge Lawrence J. O’Neill assigned to the case.
At this point in time, it would be fair to assume that the Judge just may be holding a personal grudge against the defendants by his relentless attention to this case.