Evidence Record

Exhibit 21

1. Explain the nature of your claim to any of the proceeds that are the subject of this Interpleader, including an explanation of:

Type
exhibit
Court
EDVA
Case
HII v. Cyberlux interpleader
Docket
3:25-cv-00483
Pages
6
Lines
188
SHA-256
c039a0519ec2

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
Legal Discovery Response
Total Nodes
33
Node Legend
Entity (ENT)
Event (EVT)
Claim (CLM)
Anchor (ANC)
Omission (OMI)
Tension (TEN)
Tell (TEL)
Inference (INF)
Hypothesis (HYP)
Stage 1
Index
Orientation · No nodes
Document Classification
Legal Discovery Response United States of America (IRS/DOJ) Federal Tax Lien Interpleader Action 2010-2026 (tax periods and litigation)
tax_lieninterpleadermulti_year_assessmentliquidated_claim
Analytical Frame
Government creditor claim in corporate asset dispute
Analytical Summary
The United States asserts a $1,149,776.34 tax lien claim against Cyberlux Corporation in an interpleader action, covering unpaid payroll taxes (Forms 940/941) and penalties from 2010-2023. The government's claim is based on six separate tax assessments with Notices of Federal Tax Lien filed between 2017-2024. The IRS documented assessment dates, demand for payment, and Cyberlux's failure to pay, establishing liens under 26 U.S.C. §§ 6321-6323. Revenue Officer Carol Davis certified the claim on March 4, 2026, with DOJ Tax Litigation attorneys representing the United States in the Eastern District of Virginia interpleader case filed by HII Mission Technologies Corp.
Key Points
  • United States claims $1,149,776.34 plus accruing interest against Cyberlux Corporation as of March 26, 2026
  • Six separate tax assessments covering Forms 940, 941, and 26 USC § 6721 penalties for periods 2010-2023
  • Federal tax liens filed with North Carolina Secretary of State between April 2017 and April 2024
  • Largest single assessment is $869,532.75 for Q4 2012 Form 941 payroll taxes
  • Claims are liquidated amounts established at time of assessment, with statutory interest continuing to accrue
  • No claim for attorneys' fees; priority determined by 26 U.S.C. § 6323 statutory framework
Stage 2
Core — Entities, Events, Claims
18 nodes
ENT-001
Entity
Cyberlux Corporation
Cyberlux Corporation, defendant taxpayer entity subject to federal tax assessments and liens for unpaid payroll taxes spanning multiple tax years from 2010 through 2023.
Page 2, 3, 4 — A delegate of the Secretary of the Treasury assessed taxes and penalties against Cyberlux Corporation for tax periods in 2010, 2012, 2013, 2021, 2022 and 2023.
ENT-002
Entity
United States of America
United States of America, claimant creditor through the Internal Revenue Service and Department of Justice, asserting federal tax liens against Cyberlux Corporation in interpleader proceedings.
Page 2, 3, 4, 6 — DEFENDANT UNITED STATES OF AMERICA'S RESPONSES TO DISCOVERY REQUESTS
ENT-003
Entity
HII Mission Technologies Corp.
HII Mission Technologies Corp., interpleader plaintiff initiating the court action to resolve competing claims to proceeds involving Cyberlux Corporation.
Page 2 — HII MISSION TECHNOLOGIES CORP. Interpleader Plaintiff,
ENT-004
Entity
Carol Davis
Carol Davis, Revenue Officer with the Internal Revenue Service who certified the United States' discovery responses under penalty of perjury on March 4, 2026.
Page 4 — Dated: March 4, 2026 Caral Davis CAROL DAVIS Revenue Officer Internal Revenue Service
ENT-005
Entity
Eastern District of Virginia Court
United States District Court for the Eastern District of Virginia, Richmond Division, forum for the interpleader case No. 3:25-cv-00483-JAG.
Page 2 — IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
EVT-001
Event
IRS Tax Assessments 2010-2024
Series of six federal tax assessments made against Cyberlux Corporation by delegates of the Secretary of the Treasury between April 2011 and February 2024, covering unpaid Forms 940, 941, and 26 USC § 6721 penalties for tax periods 2010-2023.
Page 2, 3 — A delegate of the Secretary of the Treasury assessed taxes and penalties against Cyberlux Corporation for tax periods in 2010, 2012, 2013, 2021, 2022 and 2023. These assessments by the United States against Cyberlux Corporation are summarized in Table 1
EVT-002
Event
Notice and Demand for Payment
The IRS provided notice of tax assessments to Cyberlux Corporation and made formal demand for payment, which Cyberlux failed or refused to satisfy.
Page 3 — A delegate of the Secretary of the Treasury gave notice of these assessments to Cyberlux Corporation and made demand upon it for payment of those assessments. Despite this notice and demand for payment, Cyberlux Corporation has failed or refused to pay the full amounts due and owing for these assessments.
EVT-003
Event
Filing of Federal Tax Liens
The United States filed Notices of Federal Tax Lien with the North Carolina Secretary of State on four dates: August 21, 2017; October 10, 2023 (two liens); and April 30, 2024 (three liens), perfecting priority against other creditors.
Page 3 — Under 26 U.S.C. § 6323, the liens are effective as to other creditors because of the filing of the Notices of Federal Tax Lien ("NFTLs") with the North Carolina Secretary of State. The filing dates for the NFTLs are summarized in Table 1 above.
EVT-004
Event
Interpleader Action Filing
HII Mission Technologies Corp. filed an interpleader action in the Eastern District of Virginia (Case No. 3:25-cv-00483-JAG) to resolve competing claims to proceeds involving Cyberlux Corporation and other defendants.
Page 2 — Case No. 3:25-cv-00483-JAG HII MISSION TECHNOLOGIES CORP. Interpleader Plaintiff, V. CYBERLUX CORPORATION, et. al., Defendants.
EVT-005
Event
Discovery Response Submission
The United States submitted responses to discovery interrogatories and document requests, certified by IRS Revenue Officer Carol Davis on March 4, 2026, and filed by DOJ attorneys on March 5, 2026.
Page 4, 6 — Dated: March 4, 2026 Caral Davis CAROL DAVIS Revenue Officer Internal Revenue Service... Date: March 5, 2026 BRETT A. SHUMATE Assistant Attorney General
CLM-001
Claim
Total Federal Tax Claim Amount
The United States claims proceeds in the amount of $1,149,776.34 as of March 26, 2026, plus interest and statutory additions that will continue to accrue according to law.
Page 2 — Response: The United States claims proceeds in the amount of $1,149,776.34, as of March 26, 2026, plus interest and statutory additions that will continue to accrue according to law.
CLM-002
Claim
Statutory Lien Authority
The United States asserts its right to proceeds pursuant to 26 U.S.C. § 6321 (Lien for Taxes), § 6322 (Period of Lien), and § 6323 (Priority & Validity), establishing federal tax liens on all property and rights to property of Cyberlux Corporation.
Page 2, 3 — Response: The United States has a right to the proceeds pursuant to 26 U.S.C. § 6321 (Lien for Taxes), 26 U.S.C. § 6322 (Period of Lien), and 26 U.S.C. § 6323 (Priority & Validity).
CLM-003
Claim
Q4 2012 Form 941 Assessment
IRS Form 941 assessment for tax period ending December 31, 2012, assessed April 1, 2013, with NFTL filed April 30, 2024, totaling $869,532.75 including interest and penalties as of March 26, 2026.
Page 3 — IRS Form 941 12/31/2012 4/01/2013 4/30/2024 $869,532.75
CLM-004
Claim
Q4 2010 Form 941 Assessment
IRS Form 941 assessment for tax period ending December 31, 2010, assessed April 11, 2011, with NFTL filed April 30, 2024, totaling $149,003.11 as of February 16, 2026.
Page 3 — IRS Form 941 12/31/2010 4/11/2011 4/30/2024 $149,003.111
CLM-005
Claim
Q2 2010 Form 941 Assessment
IRS Form 941 assessment for tax period ending June 30, 2010, assessed May 13, 2013, with NFTL filed April 30, 2024, totaling $87,188.95 including interest and penalties as of March 26, 2026.
Page 3 — IRS Form 941 6/30/2010 5/13/2013 4/30/2024 $87,188.95
CLM-006
Claim
26 USC § 6721 Penalty Assessment
Penalty assessment under 26 U.S.C. § 6721 for tax period ending December 31, 2013, assessed October 24, 2016, with NFTL filed August 21, 2017, totaling $40,755.31 as of March 26, 2026.
Page 3 — 26 USC § 6721 12/31/2013 10/24/2016 8/21/2017 $40,755.31
CLM-007
Claim
Liquidated Claim Status
The amounts claimed by the United States became liquidated amounts at the time the tax assessments were made, establishing fixed debt obligations from the assessment dates.
Page 3 — Response: Cyberlux Corporation is indebted to the United States for unpaid Form 940 and Form 941 tax liabilities and for penalties assessed under 26 U.S.C. § 6721. The amounts the United States claims became liquidated amounts at the time the assessments were made.
CLM-008
Claim
Continuing Interest Accrual
The United States claims a right to interest pursuant to 26 U.S.C. §§ 6601(a) and 6621(a)(2), with interest and statutory additions continuing to accrue according to statutory law beyond March 26, 2026.
Page 4 — Response: The United States claims a right to interest pursuant to 26 U.S.C. §§ 6601(a) and 6621(a)(2). The United States seeks $1,149,776.34, as of March 26, 2026, plus interest and statutory additions that will continue to accrue according to statutory law.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
10 nodes
QUO-001
Quotation
Cyberlux Failure to Pay Statement
Direct statement from IRS regarding Cyberlux Corporation's non-compliance with tax obligations after notice and demand.
Page 3 — Despite this notice and demand for payment, Cyberlux Corporation has failed or refused to pay the full amounts due and owing for these assessments.
QUO-002
Quotation
Lien Attachment Language
Legal effect statement describing how federal tax liens attached to all Cyberlux property under statutory authority.
Page 3 — As a result, under 26 U.S.C. § 6321, the amounts of these unpaid taxes and penalties are a lien in favor of the United States upon all property and rights to property belonging to Cyberlux Corporation, including upon the interpleaded proceeds.
QUO-003
Quotation
No Attorneys' Fees Claim
Explicit statement that the United States does not seek recovery of attorneys' fees in this matter.
Page 4 — Response: N/A. The United States does not claim a right to attorneys' fees.
TLL-001
Tell
Document Production Reference
The United States produced responsive documents on February 19, 2026, bates-stamped USA0001-15, including the NFTLs referenced in the discovery responses.
Page 3, 5 — Response: The responsive documents were produced on February 19, 2026, and are bates-stamped USA0001-15... Copies of those NFTLs were produced with the United States' Initial Disclosures.
TLL-002
Tell
Q4 2010 Interest Calculation Variance
The fourth quarter 2010 Form 941 tax debt is calculated as of February 16, 2026, while other debts are calculated through March 26, 2026, indicating a different calculation timeline for this specific assessment.
Page 3 — Unlike the other tax debts, which are calculated with interest accruing through March 26, 2026, this fourth quarter of 2010 Form 941 tax debt is calculated as of February 16, 2026.
TEN-001
Tension
Multi-Year Assessment Delay Pattern
Tension exists between early tax period dates (2010-2013) and delayed assessment/filing dates, with some assessments occurring years after the tax period ended, raising questions about collection timing and statute of limitations considerations.
Page 3 — IRS Form 941 6/30/2010 5/13/2013 4/30/2024... IRS Form 941 12/31/2010 4/11/2011 4/30/2024... IRS Form 941 12/31/2012 4/01/2013 4/30/2024
TEN-002
Tension
Interpleader Stakeholder Complexity
The structure involves HII Mission Technologies as an interpleader plaintiff holding funds subject to competing claims, suggesting contractual or transactional relationship between HII and Cyberlux that created the proceeds pool, but those underlying facts are not disclosed in this document.
Page 2 — HII MISSION TECHNOLOGIES CORP. Interpleader Plaintiff, V. CYBERLUX CORPORATION, et. al., Defendants.
QST-001
Question
Identity of Other Defendants
The caption references 'Cyberlux Corporation, et. al.' as defendants, indicating multiple parties with potential claims to the interpleaded proceeds, but this document does not identify who the other claimants are or the nature of their claims.
Page 2 — V. CYBERLUX CORPORATION, et. al., Defendants.
QST-002
Question
Source and Amount of Interpleaded Proceeds
The document does not specify the total amount of proceeds held by HII Mission Technologies or how those proceeds were generated, creating uncertainty about whether the U.S. claim of $1,149,776.34 exhausts the fund or whether other creditors may also recover.
Page 2 — Explain the nature of your claim to any of the proceeds that are the subject of this Interpleader, including an explanation of: A. The amount of the proceeds that you claim.
QST-003
Question
Priority Determination Among Creditors
While the United States asserts that priority will be determined by 26 U.S.C. § 6323, the actual priority ranking against other creditors remains unresolved and subject to court determination based on competing lien filing dates and legal theories.
Page 4 — The priority of the United States' liens will be determined by application of 26 U.S.C. § 6323.
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Payroll Tax Trust Fund Nature
The predominance of Form 941 (quarterly payroll tax) assessments totaling over $1.1M suggests these are likely trust fund recovery penalties for withheld employee taxes that Cyberlux collected but failed to remit, representing a particularly serious form of tax liability with potential personal liability implications for corporate officers.
Page 3 — Cyberlux Corporation is indebted to the United States for unpaid Form 940 and Form 941 tax liabilities... IRS Form 941 12/31/2012 4/01/2013 4/30/2024 $869,532.75 IRS Form 941 12/31/2010 4/11/2011 4/30/2024 $149,003.111 IRS Form 941 6/30/2010 5/13/2013 4/30/2024 $87,188.95
INF-002
Inference
Cyberlux Financial Distress Timeline
The pattern of unpaid taxes spanning 2010-2023, combined with an interpleader action over proceeds, suggests Cyberlux experienced sustained financial distress or operational challenges over more than a decade, with recent 2021-2023 small assessments indicating continued minimal activity before apparent contractual wind-down with HII.
Page 2, 3 — A delegate of the Secretary of the Treasury assessed taxes and penalties against Cyberlux Corporation for tax periods in 2010, 2012, 2013, 2021, 2022 and 2023... IRS Form 941 12/31/2021 9/5/2022 10/10/2023 $2,617.01 IRS Form 940 12/31/2022 2/27/2023 10/10/2023 $320.48 IRS Form 940 12/31/2023 2/26/2024 4/30/2024 $358.73
INF-003
Inference
Strategic 2024 Lien Filing Consolidation
The IRS filed three separate NFTLs on April 30, 2024, covering tax periods from 2010-2012, despite assessments occurring years earlier (2011-2013), suggesting strategic timing to perfect liens in anticipation of the 2025 interpleader action or recent discovery of attachable assets.
Page 3 — IRS Form 941 6/30/2010 5/13/2013 4/30/2024... IRS Form 941 12/31/2010 4/11/2011 4/30/2024... IRS Form 941 12/31/2012 4/01/2013 4/30/2024
OMI-001
Omission
No Information Reporting Penalty Details
The document identifies a $40,755.31 penalty under 26 USC § 6721 (failure to file correct information returns) for 2013 but provides no detail about what forms were not filed or the number of violations, which would be relevant to understanding the scope of Cyberlux's compliance failures.
Page 3 — 26 USC § 6721 12/31/2013 10/24/2016 8/21/2017 $40,755.31
OMI-002
Omission
Gap in Tax Period Coverage
The assessment history shows tax periods for 2010, 2012, 2013, then jumps to 2021-2023, with no mention of tax years 2011 or 2014-2020, raising questions about whether Cyberlux had no tax obligations during those years, whether assessments were satisfied, or whether collection is time-barred.
Page 2, 3 — A delegate of the Secretary of the Treasury assessed taxes and penalties against Cyberlux Corporation for tax periods in 2010, 2012, 2013, 2021, 2022 and 2023.

Extracted text

6 pages · 6635 characters

Exhibit 21 — Formatted Extract

Type: exhibit
Court: EDVA
Matter: HII v. Cyberlux interpleader
Docket: 3:25-cv-00483
EXHIBIT 21

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

HII MISSION TECHNOLOGIES CORP. ) ) Interpleader Plaintiff, ) )

Case No. 3:25-cv-00483-JAG

V. CYBERLUX CORPORATION, et. al., )

) )

)

Defendants.

)

)

DEFENDANT UNITED STATES OF AMERICA'S RESPONSES TO DISCOVERY REQUESTS

INTERROGATORIES
1.
Explain the nature of your claim to any of the proceeds that are the subject of this Interpleader, including an explanation of:

A. The amount of the proceeds that you claim.

Response: The United States claims proceeds in the amount of $1,149,776.34, as of March 26, 2026, plus interest and statutory additions that will continue to accrue according to law.

B. The legal basis for your right to the proceeds.

Response: The United States has a right to the proceeds pursuant to 26 U.S.C. § 6321 (Lien for Taxes), 26 U.S.C. § 6322 (Period of Lien), and 26 U.S.C. § 6323 (Priority & Validity). A delegate of the Secretary of the Treasury assessed taxes and penalties against Cyberlux Corporation for tax periods in 2010, 2012, 2013, 2021, 2022 and 2023. These assessments by the United States against Cyberlux Corporation are summarized in Table 1 below:

TABLE 1: ASSESSMENTS AGAINST CYBERLUX CORPORATION

Tax Type

Tax Period

Assessment Date

NFTL Filing Date

Total Due (including interest & penalties) as of March 26, 2026

IRS Form 941

6/30/2010

5/13/2013

4/30/2024

$87,188.95

IRS Form 941

12/31/2010

4/11/2011

4/30/2024

$149,003.111

IRS Form 941

12/31/2012

4/01/2013

4/30/2024

$869,532.75

IRS Form 941

12/31/2021

9/5/2022

10/10/2023

$2,617.01

IRS Form 940

12/31/2022

2/27/2023

10/10/2023

$320.48

IRS Form 940

12/31/2023

2/26/2024

4/30/2024

$358.73

26
USC § 6721

12/31/2013

10/24/2016

8/21/2017

$40,755.31

Total:

$1,149,776.34

A delegate of the Secretary of the Treasury gave notice of these assessments to Cyberlux Corporation and made demand upon it for payment of those assessments. Despite this notice and demand for payment, Cyberlux Corporation has failed or refused to pay the full amounts due and owing for these assessments. As a result, under 26 U.S.C. § 6321, the amounts of these unpaid taxes and penalties are a lien in favor of the United States upon all property and rights to property belonging to Cyberlux Corporation, including upon the interpleaded proceeds. Under 26 U.S.C. § 6322, that lien arose at the time the assessments were made. Under 26 U.S.C. § 6323, the liens are effective as to other creditors because of the filing of the Notices of Federal Tax Lien ("NFTLs") with the North Carolina Secretary of State. The filing dates for the NFTLs are summarized in Table 1 above. Copies of those NFTLs were produced with the United States' Initial Disclosures.

C. How the amount you claim became a liquidated amount or, if not liquidated, state so. Response: Cyberlux Corporation is indebted to the United States for unpaid Form 940 and Form 941 tax liabilities and for penalties assessed under 26 U.S.C. § 6721. The amounts the United States claims became liquidated amounts at the time the assessments were made.

Unlike the other tax debts, which are calculated with interest accruing through March 26, 2026, this fourth quarter of 2010 Form 941 tax debt is calculated as of February 16, 2026.

D. Whether you claim a security interest in, lien on, or assignment of all or any portion of the proceeds and, if so, provide your claimed priority date and explain the basis for your security interest, lien, or assignment.

Response: The United States claims liens on all property and rights to property of Cyberlux Corporation, including a portion of the proceeds. The United States' liens became effective as to other creditors upon the filing of the NFTLs referred to above. The priority of the United States' liens will be determined by application of 26 U.S.C. § 6323.

E. Whether you claim a right to interest and, if so, the amount and basis for continuing accrual thereof, if any.

Response: The United States claims a right to interest pursuant to 26 U.S.C. §§ 6601(a) and 6621(a)(2). The United States seeks $1,149,776.34, as of March 26, 2026, plus interest and statutory additions that will continue to accrue according to statutory law.

F. Whether you claim a right to attorneys' fees.

Response: N/A. The United States does not claim a right to attorneys' fees.

G. For any creditor claiming a secured interest, identify the date(s) on which advances were made to Cyberlux or on its behalf for which any secured interest is claimed.

Response: N/A. The United States did not advance money to Cyberlux.

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

Dated: March 4, 2026

Caral Davis CAROL DAVIS Revenue Officer Internal Revenue Service

DOCUMENT REQUESTS

1.
Documents supporting or otherwise concerning your answer to the above interrogatory.

Response: The responsive documents were produced on February 19, 2026, and are bates- stamped USA0001-15.

2.
All documents on which you rely to assert any security interest in, lien on, or assignment of the proceeds that are the subject of this interpleader.

Response: The responsive documents were produced on February 19, 2026, and are bates- stamped USA0001-15.

Date: March 5, 2026

BRETT A. SHUMATE Assistant Attorney General

JOSHUA WU Deputy Assistant Attorney General, Tax Litigation Brach

/s/ William J. Harrington WILLIAM J. HARRINGTON /s/ Elizabeth W. Pruitt ELIZABETH PRUITT Trial Attorneys Tax Litigation Branch Civil Division, Department of Justice Post Office Box 227 Washington, DC 20044 Telephone: (202) 353-1882 (WJH) Telephone: (202) 353-7293 (EP) William.J.Harrington@usdoj.gov Elizabeth.Pruitt@usdoj.gov

-and- TODD W. BLANCHE Deputy Attorney General

Is/ Jonathan H. Hambrick Jonathan H. Hambrick VSB NO. 37590

Assistant United States Attorney Eastern District of Virginia 919 E. Main Street, Suite 1900 Richmond, VA 23219 Phone: (804) 819-5400 Fax: (804) 771-2316 E-mail: jay.h.hambrick@usdoj.gov

CERTIFICATE OF SERVICE

I certify that on March 5, 2026, I served the foregoing response upon counsel to all parties by email.

/s/ Elizabeth Pruitt

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ip-hii-edva-00483-doc-0175-exhibit-23.pdf
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