Skip to content

Judicial Watch • JW v IRS 01559 Executed Declarations

JW v IRS 01559 Executed Declarations

JW v IRS 01559 Executed Declarations

Page 1: JW v IRS 01559 Executed Declarations

Category:IRS Scandal

Number of Pages:16

Date Created:August 22, 2014

Date Uploaded to the Library:August 25, 2014

Tags:Declarations, 01559, IRS


File Scanned for Malware

Donate now to keep these documents public!

  • demand_answers

See Generated Text   ˅

Autogenerated text from PDF

THE UNITED STATES DISTRICT COURT FOR THE 
DJSTRlCT COLUMBIA 

JUDICIAL WATCH, INC., 
Plaintiff, Case No. I:13-cv-1559-EGS-JMF INTERNAL REVENUE SERVICE, 
Defendant. 

DECLARATIONS 
The Internal Revenue Service, pursuant the Court's August 14, 2014, Minute Order, 
submits the following declarations: 	Declaration Stephen Manning, Deputy Chief Information Officer for Strategy Modernization; and 	Declaration Thomas Kane, Deputy Associate Chief Counsel for Procedure and Administration within tl1e Office Chief ColUlsel for the Internal Revenue Service. 
Dated: August 22, 2014 	Respectfully submitted, 
Isl Klimas GEOFFREY KUMAS 
Counsel for the Internal Revenue Service 
Trial Attorney, Tax Division Department Justice Post Otlice Box 227 Washington, 20044 GJK Telephone: {202) 307-6346 Fax: (202) 514-6866 gcoffrcy.j.klimas@usdoj.gov COUNSEL 
United States RONALD 

JR. 

CERTIFICATE SERVICE certify that August 22, 2014, electronically filed the foregoing DECLARATIONS 
with the Clerk the Court using the CM/ECF system, which shall send notification that filing all parties registered receive such notice, including plaintif:rs counsel. 

Isl Klimas GEOFFREY KLIMAS THE UNITED STATES DISTRICT COURT FOR THE 
DISTRICT COLUMBIA 

JUDICIAL WATCH, INC.,  
Plaintiff,  Case No. 1:13-cv-01559-EGS  
INTERNAL REVENUE SERVICE,  
Defendant.  

DECLARATION STEPHEN MANNING currently employed the Internal Revenue Service the 
Information Technology business unit. have been employed the Internal Revenue 
Service variety positions increasing responsibility since 2009. current position Deputy Chief Information Officer for Strategy 
Modernization, which capacity oversee, amongst other organizations, the User and 
Network Services organization Information Technology (IT). have been current position since May 2013. During the time 
period June -September 2011, position the Internal Revenue Service was 
Associate Chief Information Officer, Enterprise Networks. According IRS inventory reports, the equipment assigned Ms. 
Lerner with data storage capability, both the time her electronic data was collected for 
response the Congressional investigations and the time the hard drive failure 

2011, was laptop and Blackberry device. According the same inventory reports, the IRS did not issue iPhone iPad Lois Lerner. There record any attempt any IRS employee recover data 
from any Blackberry device assigned Lois Lerner response the Congressional investigations this litigation. The Blackberry device assigned Lois Lerner the time her departure 
from the IRS (which, according IRS inventory reports, had been issued her February 14, 2012) the possession the office the Treasury Inspector General for Tax Administration. According IRS records, that office took possession the device June 10, 2013. the standard IRS configuration Blackberry devices, the Blackberry 
device displays and stores only email (both sent and received) that also stored the Microsoft Outlook mailbox the assigned user, with the possible e)(ception draft messages created the Blackberry but not sent, which would appear the Blackberry only. Therefore, standard IRS practice and policy the collection electronic data does not include collecting data from Blackberry devices because the email Blackberry user c
o11ected through the process collecting the contents the user's Outlook mailbox files. have seen IRS record indicating that the Blackberry assigned Lois 
Lerner was configured other than accordance with the standard IRS Blackberry configuration described above. stated prior declaration, IRS inventory bar code tags are 
assigned "whole" equipment and are not assigned internal component parts such hard drives. This true component parts even after they are removed from the equipment which they were originally installed. 
10. When responding requests for service from IRS employees, IRS Technical
Specialist determines that hard drive not operating properly and needs removed from the user's computer and replaced, the Technical Specialist normally takes appropriate actions attempt recover data from the hard drive the location the employee/user, and sometimes another IRS location, but typically does not ship the hard drive third party perform service the hard drive. 
11. have seen IRS records indicating that the IRS division has ever 
sent any personal computer hard drives any external vendors for service. 
12. Once IRS Technical Specialist removes broken hard drive from the 
user's computer, replaces the hard drive with new hard drive the computer, and 

tag cannot individually tracked through the degaussing and destruction process. 
13. accordance with IRS policy effect the time, magnetic media that potentially contained any confidential taxpayer information was required degaussed process described prior declaration). This includes, amongst other miscellaneous equipment, all hard drives removed from IRS users' computers. 
Because the IRS does not apply barcode Inventory tags hard drives the time they are placed into service nor when they are removed from computers and 

deemed excess. not aware any IRS inventory system other standard process identify degaussed hard drives the name the IRS employee user from whose 
computer the hard drive was removed. 
15. Based upon discussions with IRS personnel the functional area 
responsible for disposal excess property including equipment (Real Estate and 
Financial Management within Agency Wide Shares Services), the time surrounding 
the 2011 Lois Lerner hard drive failure. the IRS was party Memorandum 
Understanding with Federal Prison Industries, Inc. Recycling Business Group (doing 
business and hereinafter "UNICOR") handle the destruction excess 
equipment located the Washing1on, area. The point contact for UNICOR 
that Memorandum Understanding Todd Baldau, Deputy General Manager 
UNICOR. declare under penalty perjury that the foregoing true and correct. 
Executed this ;;lc;t day August, 2014. 
STEPHEN MANNING 
Deputy Chief lnformatio Officer 
Strategy and Modernization Internal Revenue Service Washington, D.C. THE UNITED STATES DISTRICT COURT FOR THE 
DISTRICT COLUMBIA 
JUDICIAL WATCH, INC., 
Plaintiff, Case No. 1:13-cv-01559-EGS 
INTERNAL REVENUE SERVICE, 
Defendant. 

DECLARATION THOMAS KANE Thomas Kane, pursuant the provisions U.S.C.  1746, declare and 
say: the Deputy Associate Chief Counsel for Procedure and 
Administration within the Office Chief Counsel for the Internal Revenue Service (IRS). Since June 2013, duties have included coordinating the IRS response requests for information from four separate Congressional committees investigating 
the facts and circumstances related the report the Treasury Inspector General for Tax Administration dated May 14, 2013 titled "Inappropriate Criteria .... Attached Exhibit IRS !TAMS Asset Information Sheet which 
reflects that November 12, 2009, the IRS issued Blackberry device, IRS Barcode 
A002914041, Lois Lerner. Attached Exhibit Bis IRS Form 1933 and IRS Standard Form 120 
REV., which, when read together, reflect that the Blackberry device, IRS Barcode 
A002914041 (Line Form 120), was removed wiped clean any sensitive 
proprietary information and removed scrap for disposal June 2012. declare under penalty perjury that the foregoing true and correct. 
Executed this 22nd day August, 2014. 

Deputy Associate Chief Counsel (Procedure and Administration) 
Office Chief Counsel (IRS) Washington, 

Exhibit 

9'330000000 OOOPOOOO 
nf!M09ZOD0020007 
Exhibit 

STANDARDFD."W12011.eV. 
APRll 1957 NSN 7540-00-634-4074 PREVIOUS EDITION USABLE 

STANDARD FORM 120..J 
APRIL 187 CONTINUATION SHEET 
GEN, SERV, JPMIN. Pago 2of 
(Report Excess Personal Property) 
FPMR (41 CfRJ 1D143.311 

STAllOAR!l FOl1M120REV. 
APRIL 1057 NSN 7540-006344074 PREVIOUS EDITION USABLE. 

STDAIU>fOMI 1'/G-A
fPRIL1Q5T CONTINUATION SHEET GEN. SERV. ADMIH. Page 
FPMR(41CFR)1D13.311
(Report Excess Personal Property) 

1;TAIIDARP FORM 120 REV. 
APRIL 1957 NSN 7540-00-634-4074 PREVIOUS EDITION USABLE 

S'l'AtlllARDF'Cillll 12011 
APRI. fg57 CONTINUATION SHEET 
GEM. si:RV. ACIJL'-1, Page4of 
(Report ofExcess Personal Property) 
FPMRC1CFS



Sign Up for Updates!