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IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

Case No. 1:22-cv-24023-SCOLA/GOODMAN 

KENNETH C. GRIFFIN, 

 Plaintiff, 

 v. 

INTERNAL REVENUE SERVICE, et al., 

 Defendants. 

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DECLARATION OF ATTORNEY BART JEFFRESS 

I, Bart Jeffress, pursuant to 28 U.S.C. § 1746, do hereby declare as follows: 

1. I am a General Attorney (Tax) in Branch 6 of the Office of the Associate Chief 

Counsel (Procedure and Administration) (“P&A”), of the Internal Revenue Service (“Service” or 

“IRS”) Office of Chief Counsel (“Chief Counsel”). I have been employed as an attorney by 

Chief Counsel since July 2022. My duties with Chief Counsel include assisting the Department 

of Justice in defending the Service in civil tax suits. Before my employment with Chief Counsel, 

I worked as an attorney for almost 17 years in the Department of Justice, Tax Division, Court of 

Federal Claims Section, representing the United States in civil tax litigation. 

2. I was assigned to assist the Department of Justice in the above captioned case. I 

make this declaration in part based on my personal knowledge and in part based on information 

provided to me by the individuals identified in the attached spreadsheet and attorneys in the 

Department of Justice. 

3. On March 8, 2024, the Court (Goodman, M.J.) held a discovery hearing in this 

case. I represented the IRS at the hearing. After the hearing, the Court entered an Order 

Case 1:22-cv-24023-RNS Document 101 Entered on FLSD Docket 03/18/2024 Page 1 of 4
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(doc. 99). In relevant part, the Order provided that, “[b]y March 18, 2024, the Government shall 

submit an affidavit or declaration from an appropriate IRS attorney explaining in detail how 

many lawyers were working on the ESI discovery response and the number of days and hours 

they worked from March 8, 2024 through the date of the affidavit or declaration.” 

4. I am attaching to this declaration a spreadsheet that I prepared. For the period 

beginning on Friday, March 8, 2024, and ending at 4pm eastern on Monday, March 18, 2024, the 

spreadsheet lists the lawyers who worked on the ESI discovery response, identifies the days on 

which those lawyers worked, and provides the number of hours (rounded to the nearest quarter 

hour) those lawyers worked on each day they devoted time to the ESI discovery response. In the 

spreadsheet, I put an asterisk next to a name to identify an attorney that IRS added to this case 

for document review in response to the Court’s Order (doc. #99). For purposes of preparing the 

spreadsheet, I included as work on the ESI discovery response hours spent by attorneys receiving 

instruction for document review, reviewing documents, supplementing or preparing privilege 

logs, and otherwise participating in the production process (e.g., checking productions to ensure 

proper burning of redactions). 

5. Also during the period beginning on Friday, March 8, 2024, and ending at 4pm 

eastern on Monday, March 18, 2024, the IRS made two productions of documents collected from 

three file storage locations and stored in its Relativity database: (1) USA-Griffin-0028542 

through USA-Griffin-0029024 (an additional 482 pages produced on March 12); and (2) USAGriffin-0029025 through USA-Griffin-0030321 (an additional 1,296 pages produced on March 

15). With these productions, the IRS has now reviewed and produced the responsive nonprivileged documents (or portions thereof) from 19 of 33 document batches (over 57 percent) in 

its Relativity database. In addition, since March 8, the IRS has completed second level review on 

Case 1:22-cv-24023-RNS Document 101 Entered on FLSD Docket 03/18/2024 Page 2 of 4
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an additional eight batches, bringing the percentage of document batches reviewed to over 80 

percent. Those eight batches are now ready for the final steps in the production process. As a 

showing of good faith, the IRS will produce the responsive non-privileged documents (or 

portions thereof) from those eight batches, along with the responsive non-privileged documents 

(or portions thereof) from any additional batches on which the IRS completes second level 

review on or before March 19. The IRS anticipates that it will be able to make this production on 

or before March 26. 

6. In addition, because I am the docket attorney assigned by Chief Counsel to this 

case and Teresa Trissell is my reviewer, the spreadsheet also includes rows that set forth the 

hours that I and Ms. Trissell worked on this case on matters other than the ESI discovery 

response for the period beginning on Friday, March 8, 2024, and ending at 4pm eastern on 

Monday, March 18, 2024. 

7. As reflected in the attached spreadsheet, the total number of attorney hours 

worked on the ESI discovery response, plus the attorney hours that I and Ms. Trissell worked on 

matters other than the ESI discovery response, was 154.5 hours for the period beginning on 

Friday, March 8, 2024, and ending at 4pm eastern on Monday, March 18, 2024. 

I declare under penalty of perjury that the foregoing is true and correct to the best of my 

knowledge. 

Executed on March 18, 2024 

 

 

 Bart D. Jeffress 

General Attorney (Tax) 

IRS:CC:PA:06 

1111 Constitution Ave., NW 

Washington, D.C. 20224 

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BDJ Production Declaration Spreadsheet.xlsx

8-Mar 9-Mar 10-Mar 11-Mar 12-Mar 13-Mar 14-Mar 15-Mar 16-Ma

Bart Jeffress (Work on ESI Response) 0 0 0 4.75 5.75 1.5 1 1.5 0.7Bart Jeffress (Griffin Work Other Than on ESI Response) 6.5 0.5 0 2.25 0.75 3.75 5 2 0.7Teresa Trissell (Work on ESI Response) 0 3.25 4 1.5 2.5 0.5 2.5 2.75 Teresa Trissell (Griffin Work Other Than on ESI Response) 5001 0.25 0.25 0.5 0.5 Julie Schwartz 0000000 2.25 

Joy Gerdy-Zogby 00001000Andrew Keaton 000010 1.75 2 

Vik Barad 0 0 0 2.5 0 0 0 3.25 Kevin Cummiskey 0 3.25 4 1.5 2.5 0 1 0 1.Meghan Howard 00000221Jenni Black* 0 0 0 0 1 0 0 0.5 

Christopher Valvardi* 0 0 0 0.25 2 0 1 1.5 Sarah Tate* 0 0.5 00200 0.75 2.7

Helene Newsome* 0000200 0.75 2.

Andrew DeMello* 0 0 0 0.75 1 0 1.5 5Brittany Harrison* 0 0 0 0 0 1 0 0 0.

Total Hours: 11.5 7.5 8 14.5 21.75 9 16.25 23.75 11.7

*Reviewer added after 3/8 order

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