Archive for the ‘Tax Evasion’ Category

Beavers Convicted: Loans Require Payback

Thursday, March 21st, 2013

I’m shocked, just shocked to find out that there’s corruption in Chicago.

Actually, I’m not. I’m just surprised to find out that gambling led to the downfall of a cog in the Democrats’ machine politics in the Windy City. Commissioner Bill Beavers was convicted today of corruptly impeding the IRS and three counts of filing false tax returns. Beavers used his campaign warchest as a personal piggy bank to fund gambling trips to the Horseshoe Casino in Hammond, Indiana.

Beavers and his attorneys alleged that the money he took from the campaign funds were “loans.” There’s one thing about loans that I emphasize to my clients: They require documentation. As Assistant US Attorney Matt Getter said, “He put back [only] what he needed to put back to cover his tracks.” Acting US Attorney was more succinct:

The message that was sent here was that Bill Beavers took a lot of money people gave him to run his campaigns and he stuck it in his pocket, and a lot of it, he gambled…For that, at least, he should have paid his taxes, and he didn’t.

One of Mr. Beavers’ statements is interesting: “There’s no law against what I did…There’s no law against gambling with campaign funds.” I have no idea of the state of Illinois’ campaign finance laws; however, I do know something about the Internal Revenue Code. If you take money from a campaign fund and use it personally, it is almost certainly income to you. And that income is clearly taxable. Further, not reporting all your income on your tax return can be a crime. In Mr. Beavers’ case, it was a crime.

Mr. Beavers may continue to proclaim his innocence, calling the judge “unfair.” From my point of view, it looks like the government did a pretty good job of proving its case.

No sentencing date has been announced.

News Reports: Chicago Tribune, Chicago Sun-Times

Saying You’ve Never Paid Taxes in your Life on National TV After Earning Lots of Money Isn’t Brilliant

Sunday, March 17th, 2013

An acquaintance of mine is a mixed martial arts (MMA) fighter. I’ve known him for many years; he’s smart, driven, and is definitely not the individual who I’m writing about. He’s smart enough to know that he has to pay his taxes. Unfortunately, it appears some MMA fighters need a lesson in basic tax law.

Nick Diaz is an MMA fighter; last night he lost go George St-Pierre in a championship bout. In the post-fight news conference, Diaz said the following:

I can’t be jumping teams. I just have to invest a little bit more, now that I have a little bit more money…You know what? I’ve never paid taxes in my life. I’m probably going to go to jail.

I’m certain that someone at the IRS will be checking to see if Diaz has filed tax returns. It appears that Diaz is a resident of Stockton, California; the Franchise Tax Board will also be checking their records. Diaz has fought in Hawaii, Missouri, and New Jersey, too, so three more state tax agencies will likely be looking for money.

The president of the Ultimate Fighting Championship, Dana White, made remarks
that I hope Diaz and/or his agent took to heart:

What’s sad is, he better go pay his taxes…He came out publicly tonight and said he’s never paid taxes in his life? Holy s—. That’s sad. You wanna talk about sad? That’s sad. Somebody better handle that with this check and make sure that kid doesn’t end up with nothing. There’s a guy who’s Nate and Nick’s lawyer and seems like a decent guy looking out for them. I’ll probably give this guy a call and tell him, ‘Nick said he’s never paid taxes in his life, and you probably want to start working on that f—ing Sunday morning, not Monday morning.’

Israeli Film Mogul Charged with Tax Evasion

Wednesday, February 20th, 2013

Yoram Globus is perhaps best known for being behind Cannon Films. With his cousin Menahem Golan, Cannon produced such films as American Ninja, Superman IV, Delta Force One, and a long, long list of others in the 1980s. Now, Mr. Globus is making news a bit differently: He was accused by the Israel Tax Authority of evading tax on NIS 27 million (Israeli New Shekel), worth about $7.3 million.

The alleged tax evasion dates back to 2005. Mr. Globus supposedly withdrew the NIS 27 million from two of his companies…but the withdrawals apparently didn’t make his tax return. Oops.

Mr. Globus’ response was, according to the Los Angeles Times, “Ask my accountant.”

Mr. Globus was released on bail of NIS 1 million (about $270,000) and ordered to remain in Israel for six months.

A Lowe Blow

Wednesday, February 20th, 2013

I know the headline is a bad pun, but I couldn’t resist. Former NBA star and current Utah Jazz assistant coach Sidney Lowe was arrested on Monday on state tax evasion charges. Lowe is accused of not filing North Carolina tax returns from 2009 through 2011. The charges are misdemeanors, but as Wesley Snipes can tell you, jail time is still possible with such charges. Lowe is a North Carolina resident, so his income is subject to North Carolina tax.

The Deseret News (of Salt Lake City) reports that Mr. Lowe will continue with his coaching duties. The Salt Lake Tribune printed Mr. Lowe’s apology to the team and fans: “This is a personal matter that I take very seriously. I am working very hard to get the issue resolved in a timely manner and I am cooperating fully with all parties involved.”

Mr. Lowe faces a March 19th court date in Winston-Salem, North Carolina.

Jackson’s Fall Includes Tax Charge

Sunday, February 17th, 2013

I was going to put in a line in this post, “Will the first Chicago politician who is honest, forthright, and not corrupt please stand up?” However, I realized that there must be some politician in the Windy City who is honest (at least some of the time). The last three governors of Illinois all went to prison (and it’s equal opportunity corruption: both Republicans and Democrats). Joining them will be former Congressman Jesse Jackson, Jr. and his wife, Sandi (a former Alderman in Chicago).

Mr. Jackson resigned last November from Congress; Ms. Jackson resigned in January from the Chicago City Council. Both are pleading guilty: Mr. Jackson to conspiracy and Ms. Jackson to filing a false tax return. They pleaded guilty on Friday.

The scheme apparently had them using “business” credit cards (here, business is their re-election campaign) for personal expenses. As this blog has highlighted numerous times in the past (and will likely do numerous times in the future), you can’t put personal expenses on a business return. And we’re not talking nickel and dime purchases; the total is $582,772.58. Add in filing false campaign reports and you have problems.

There’s even a tie to Las Vegas. Mr. Jackson has a greed to forfeit $750,000 plus a host of memorabilia; much of that memorabilia was purchased from Antiquities of Nevada, a store here in Las Vegas. If you follow US Treasury auctions, you soon will be able to buy a football signed by several presidents, an Eddie Van Halen guitar, Bruce Lee memorabilia, and a lot more. But I digress….

I’m a native of Chicago and love the city. I’m a fan of the Blackhawks and Cubs. That said, the corruption in Chicago is something I don’t miss.

Trust Attorney Showed No Trust

Wednesday, February 6th, 2013

Kenneth Hoesch was an attorney in Zeeland, Michigan. Mr. Hoesch specialized in trusts and estates. This is definitely an important specialty area; the correct application of trusts can increase the amount of money that flows to beneficiaries and decrease the money lost to federal and state estate and inheritance taxes. Unfortunately, Mr. Hoesch had other ideas.

Bluntly, he embezzled from the trusts to the tune of between $800,000 and $900,000. A third of the funds were stolen directly from trust accounts meant for beneficiaries (including charities). The remaining two-thirds was stolen from a pre-disbursement account. With interest, the balance due is now $1.295 million.

A potpourri of federal agencies and the local sheriff’s department investigated Mr. Hoesch. He was indicted and pled guilty last year to mail fraud and tax evasion (yes, the money he stole should have been on his tax return). He was sentenced today to 6 1/2 years at Club Fed. He also must make restitution to the victims and to the IRS (he owes nearly $212,000 to the IRS).

It’s very important that if you have trusts that the trustees be trustworthy. Having multiple trustees may not be feasible, but make sure you check references and review the accounts. Thankfully, it’s rare to see a trust attorney falling into distrust.

Cash and Carry Doesn’t Work for Strip Club Owner

Sunday, January 27th, 2013

A running theme of this blog is that it doesn’t matter how you are paid; income from cash is just as taxable as checks or credit cards. But it’s so tempting when you receive cash; who will notice if a few dollars go missing from your tax return?

That was apparently the idea of Kirk Roberts of Salina, Kansas. He owned the Wild Wild West Gentlemen’s Club in Salina. From 2006 through 2008 he carried his cash home and deposited it into his personal bank account rather than his business account. Strip, er, gentlemen’s clubs do take in a lot of cash, and the Department of Justice noted that Mr. Roberts understated his income by $537,942. That’s plenty of cash; I assume that either currency transaction reports or suspicious activity reports led to an investigation.

Mr. Roberts pleaded guilty last week to three counts of filing false tax returns; he’ll be sentenced on April 22nd. Given the tax loss of over $153,000, he may also be looking at a stint at ClubFed. Unlike the Wild Wild West, I don’t think there are any house dancers at ClubFed.

Fat Joe Takes the Rap

Sunday, December 23rd, 2012

Although I enjoy music, my tastes do not go towards rap. So when I read about Joseph Cartagena, aka rap star Fat Joe, I mumbled, “Who?” Well, Mr. Cartagena has earned plenty of money the past four years. In court, he admitted he earned gross income of more than $1.3 million in 2007, more than $1.4 million in 2008, and $over $320,000 in 2009 according to this Department of Justice press release. It seems that the income from his live performances and his royalties didn’t make it on his tax returns.

Mr. Cartagena’s basic problem was that he didn’t file any return for 2007 to 2010. A helpful hint to celebrities: You’re in the public spotlight; make sure you correctly file your returns every year.

Unfortunately for Fat Joe, the IRS discovered the lack of returns. Mr. Cartagena pleaded guilty to two counts of failing to file a tax return. He’s agreed to file all of his back returns and pay all the taxes prior to his sentencing next April. Given that the tax loss to the government is $718,038, Mr. Cartagena may be spending some time in the celebrity wing of ClubFed.

Chiropractor Will Adjust to ClubFed

Tuesday, December 4th, 2012

A Cadillac, Michigan chiropractor thought he had the perfect method of saving on taxes. He created two sets of books. One accurately reported his income and expenses; the other underreported income and overreported expenses. (I have always wondered if in some alternate universe there’s a tax evader who overreports his income and underreports his expenses. But I digress….) The chiropractor, Paul Kelly, provided his accountant with the books that showed the lower (incorrect) profits. He even used a second bank account in another name to attempt to match his purported income with his books.

For seven years this scheme ran (from 1999 to 2006). It’s unclear how the IRS discovered the tax evasion, but discover it they did. Back in August Kelly pleaded guilty to one count of tax evasion; he admitted that while he paid $23,601 in taxes his true liability was far higher. Today, he was sentenced to two years at ClubFed plus two years of probation. He must also make restitution of $279,145.

Another South Carolina Politician Guilty of Tax Charges

Monday, November 26th, 2012

There must be something in the water in the Palmetto State: Yet another politician in South Carolina forgot about filing his taxes.

This time it was a Democrat, State Representative Harold Mitchell (D-Spartanburg) who claimed he just filed late. He had been accused of felony tax evasion; today he pleaded guilty to a misdemeanor charge of not filing his taxes timely. He’ll owe the amount of the tax due (just under $6,000) and court costs. His three-year sentence will be suspended provided he makes the payment (which he has promised to do).

South Carolina voters appear confident about Mr. Mitchell. He was reelected…without opposition.