Archive for the ‘Tax Fraud’ Category

More Grist for the Mill

Friday, January 7th, 2011

There’s a debate over whether licensing tax professionals will do any good. California requires all tax professionals to have licenses, and we have plenty of Bozo tax preparers.

In any case, out of Edgewood, Maryland comes word that there is one less bozo professional out there. Arnold Wood prepared returns, but he liked to give his clients bonuses. Like Western Tax Service, Mr. Wood didn’t see a deduction or credit that he couldn’t take for his clients. Who needs to actually make charitable contributions to take a deduction for charitable contributions? Certainly not Mr. Wood’s clients!

Though the story doesn’t mention how the IRS discovered the secret of Arnold’s Tax Service, they did. They weren’t as pleased as Mr. Wood’s customers. Well, Mr. Wood’s customers weren’t pleased either when they discovered that they actually had to make charitable contributions to take a deduction for them.

Mr. Wood didn’t stop with others; his own tax returns featured the same combination of phony credits and deductions. While Mr. Wood’s own return featured only $45,000 of phony deductions, the overall scope of the fraud was significant. The phony refunds were between $1.5 million and $1.8 million for 2006 -2008.

Like all good things–and all bad things–Mr. Wood’s business went through a change. Those business cards that said he’d get more for yourself and had pictures of money are now a thing of the past. Mr. Wood pleaded guilty and will serve two years at ClubFed and must make restitution of $45,000. Mr. Wood’s customers are receiving “Dear Soon to be Audited Taxpayer” letters and will, if they haven’t already, be paying the true amount they owe.

As usual, the moral of the story is that if someone tells you that he can always get you a refund run, don’t walk, in the other direction.

2010 Tax Offender of the Year

Friday, December 31st, 2010

Another year, and many, many worthy candidates for the 2010 Tax Offender of the Year. To be considered for the Tax Offender of the Year award, you must do more than cheat on your taxes. It has to be special; it really needs to be a Bozo-like action or actions.

Coming in second for the second straight year was the 111th Congress. I’m trying to think of something they did right, but I’m having trouble doing so. Yes, they passed an AMT patch, and yes, they finally addressed the Bush Tax Cuts, but there was no need to wait until December and cause at least one-third of individuals to be unable to file their tax returns until late February. As for the negative actions of the 111th, they are so numerous that I’m convinced this Congress will go down in history as one of the worst ever.

Coming in third was Wesley Snipes. Last year I wrote about how he showed remorse, and was now looking at paying his tax debts. However, in 2010 he went back to the ‘old’ Wesley Snipes, and began spouting off all sorts of vitriol. In any case, for the next 35 months he’ll be enjoying a stay at ClubFed.


Several years ago, some unknown taxpayer was audited. He had used a “pure trust” and was told by the seller of the trust that it magically allowed him to avoid paying income taxes. The IRS informed the unlucky taxpayer that such was not the case; the taxpayer paid his taxes and the file went into the bureaucracy.

It stayed there until the IRS discovered that these “pure trusts” were being used by multiple taxpayers. The IRS launched an investigation, and discovered they were being peddled by Tony and Micaela Dutson. The Dutsons were doing quite well selling these shams, especially since they, too, didn’t pay any income tax on their own profits. The Dutsons were selling these instruments from at least 2002; the IRS obtained an injunction in 2006 barring the Dutsons from further selling of these fraudulent trusts. (The Dutsons began their activities in Oregon, but moved to the Phoenix area in 2003.)

Meanwhile, the Oregon Department of Revenue notified the IRS that Mrs. Dutson, an attorney, had received money from the state for helping indigent clients; somehow she failed to file a state tax return. Mrs. Dutson resigned from the Oregon Bar in 2002.

Eventually, the IRS began criminal investigations of the Dutsons. And then the Bozo activities began. (Yes, trying to peddle sham trusts is a Bozo action, but that pales with respect to what the Dutsons then tried to do.)

First, they told their clients to file lawsuits against the IRS. They charged their clients $3,500 each for filing these frivolous lawsuits. The Dutsons neglected to tell their clients that these lawsuits were frivolous after the first of them was thrown out…for being frivolous.

Next, the Dutsons filed a lien against several IRS employees in California. Now, if you were going to file a baseless lien, would you file it for a reasonable amount or would you just shoot the moon and aim for a nice, Bozo sum of $1 Trillion ($1,000,000,000,000)? Yes, the Dutsons filed that $1 Trillion lien. Needless to say, that lien was soon thrown out as completely baseless.

Well, if you don’t succeed you should try, try again. And the Dutsons did file another lien, against one John Snow for only $108 Million. If you don’t remember the name John Snow, he was Secretary of the Treasury under President George W. Bush. That’s chutzpah, but the second lien soon met the same fate as the first.

The Dutsons also believed in filing tax returns…just not their own tax returns. They managed to file 30 bogus returns seeking $185 million in refunds.

Eventually, the Dutsons were accused and indicted on numerous tax charges. They were found guilty in June on nine counts, with the charges spanning ten years. As noted in the DOJ Press Release, the Dutsons made $1 million and paid no tax. Though the Dutsons were due to be sentenced in September, it appears there sentencing has been delayed. They are looking at lengthy terms at ClubFed plus restitution.

While I always hope that next year–2011–will bring a year free of Bozo Tax Offenders, it’s far more likely that I’ll again have several worthy candidates for the Tax Offender of the Year.


That’s a wrap on 2010. I wish everyone a Happy, Healthy, and Safe New Year.

Marchellettas Win on Appeal

Friday, December 31st, 2010

A commenter noted that an Appeals Court has reversed the convictions of Gerard Marchelletta Jr., Gerard Marchelletta, Sr., and Theresa Kottwitz. For those who don’t remember, I reported on the Marchellettas when they were convicted and sentenced for tax fraud in a case that featured strip clubs, personal expenses, and the Bahamas.

The commenter is mostly correct. The Appeals Court made two rulings. In the first, the Court upheld their convictions for defrauding the IRS, reversed an aiding and abetting charge for all three (with an order that the District Court–the trial court–enter a judgment of Acquittal), and remanded for a new trial on the other counts. The remand for the retrial was based on the denial of the defendants’ having a jury instruction noting that they relied on their accountant for suspect tax returns.

In the second ruling, the Court also remanded and ordered a retrial for all three defendants for defrauding the IRS. The Court felt that, “Even if it was not the only and not the most likely explanation of events leading to the guilty verdicts on Count One, an evidentiary basis existed for conviction under Count One that could have involved Defendants, in fact, relying on the advice of their accountant.”

The defendants will probably be retried on these counts, and I’ll report on the retrial when it occurs in 2011.

Bozo Preparer Gets Four Years

Tuesday, September 21st, 2010

When I last reported on this story, I noted that Gayle McIntyre only received 54 years the previous time she committed tax fraud. Luckily for her, that sentence was suspended. She didn’t learn from the past.

In January she was indicted on 23 new counts of tax fraud, identity theft, forgery, and other charges in Albuquerque. She pleaded guilty to 16 of those counts in April. She was sentenced today in Santa Fe to four years in prison, and five more years on probation.

Of course, when she was indicted in January she was on probation for five years. I am hopeful that she will learn from this mistake but I don’t want to set odds on that.

“Hello, students. I defrauded the government.”

Monday, September 13th, 2010

Back in 2009, the Department of Justice indicted Jeff Greenstein and Charles Wilk, the former CEO and attorney for Quellos Group, LLC. The DOJ accused the pair of masterminding a tax scheme that turned capital gains into, well, dust.

The scheme included a phony investment fund on the Isle of Man. Investors with large gains could offset these gains with capital losses from the phony fund…for a price, of course. The scheme apparently allowed television producer Haim Saban (best known for bringing the Power Rangers to the United States) to avoid a large capital gain. The fund supposedly held over $9 billion in stock; however, it actually didn’t exist.

The DOJ noted that the individuals caught up in the scheme did not know it was fraudulent, and those individuals have voluntarily paid $240 million in back taxes. However, the DOJ believed that Mr. Greenstein and Mr. Wilk knew quite well of the phony nature of the fund. Also, the DOJ noted that a large portion of Quellos was legitimate (that portion was sold to BlackRock, Inc. in 2007).

And it appears that the DOJ was correct. The two pleaded guilty last week to tax fraud and will face at least two years and possibly as many as six when sentenced in January. They also agreed to pay $7 million in fines and $400,000 for the cost of prosecuting them.

There was one other item that the two men agreed to. They will each be addressing their graduate school giving a presentation on business ethics. Hopefully, this will not be a “how to” but will instead be a what not to do. Given that the head of criminal division of the US Attorney’s Office in Seattle plans on attending, I suspect that will be the case.

In the end, though, this case goes back to a recurring theme in this blog over the last several years. If it sounds too good to be true, it probably is. If someone tempts you with a foreign tax shelter or foreign investment fund, be very, very careful.

Uh, Wesley, Your Guru Just Got 20 More Years

Wednesday, September 1st, 2010

Wesley Snipes is still fighting his upcoming visit to ClubFed. The troubles he got into are all courtesy of his tax guru, Eddie Kahn. Mr. Kahn received ten years at ClubFed for his ‘advice’ to Mr. Snipes. He just got 20 more years for conspiracy to defraud and mail fraud. Joe Kristan has more.

Can I Add Some Snake Oil to that Pension Plan, Too?

Monday, August 30th, 2010

If I were a business owner, wouldn’t I want this wonderful pension plan? Under this plan, I’d (a) be able to turn personal expenses into deductible pension contributions; (b) the pension plan would only cover me (and my family), not those pesky employees; (c) I’d be able to change (through alchemy, perhaps) my salary into a pension plan contribution, and then get this back through a phony loan; and (d) even the down-payment on my condominium could be considered a deductible pension plan contribution.

The only thing missing is the snake oil.

Last week, the US Department of Justice sued a Pasadena (California) man who allegedly promoted this scheme. The DOJ sued William Alexander, and his two businesses, Retirement Plan Services Inc. and Lyons Pensions Inc. The government is asking that they be barred from promoting such pension schemes. The government estimates they’ve lost $30 million in tax revenue from Mr. Alexander’s pension plans.

There are many good choices for retirment plans. However, if someone comes to you and tries to sell you on such a wonderful scheme like Mr. Alexander’s, run (don’t walk) in the other direction.

Paying Taxes with Phony Money Isn’t a Good Idea

Monday, August 30th, 2010

If you owe money to the IRS, I recommend you pay with US Dollars. Of course, it’s not only a recommendation; it’s required by law. Still, once the Bozo contingent gets involved, you never know what will happen.

So I’m reading a story about a dentist from Glen Mills, Pennsylvania who allegedly decided to pay his taxes with “bonded promissory notes” (whatever those are). Now, this rings a bell: I recall reading something just like this in the last week. Joe Kristan noted a Tax Court case where an individual rather unsuccessfully tried to pay his taxes with pretend bonds. Not only was the Tax Court unimpressed with that idea, they fined the Bozo $15,000 for a frivolous appeal.

In any case, the dentist, Richard Kaufman, has also been accused of claiming he had $7 million in tax withheld in 2008. Add to this the aforementioned promissory notes (to the tune of $10 million), allegedly moving his house into the names of various nominees to hide it from the IRS, and supposedly not filing an accurate tax return since 1991 and you have a heap-load of problems. Dr. Kaufman is looking at a lengthy term at ClubFed and a fine of up to $1.4 million if found guilty on all charges.

Another Untrustworthy Trust Promoter Finds ClubFed

Monday, July 5th, 2010

I, like many individuals and families, have a revocable living trust. It’s useful for avoiding probate if something should happen to me. There are many other kinds of useful trusts, too.

Of course, if there are useful trusts, there are usually purveyors of useless trusts. These are the ones that in theory let you avoid taxes but aren’t worth the paper they’re printed on. I’ve written about Aegis Corporation, a former promoter of these trusts, on several occasions (here’s one example). Many of the owners and other lead individuals at Aegis have found their way to ClubFed.

But a good fraud scheme needs help and others to promote it so a fresh group of suckers customers can be found. One such business was Midwest Alternative Planning in Danville, Illinois. Brian Wasson ran the business, and he liked the Aegis products. The trouble is that selling products that are intended to defraud the IRS is a bad idea (and a felony). Mr. Wasson was convicted earlier this year of just that: The trusts he sold cost the US Treasury over $6 million.

Last week he was sentenced
. He must make restitution of just over $600,000. He’ll also spend 15 years at ClubFed.

If someone offers you a foolproof way of avoiding taxes by taking out a trust, run (don’t walk) in the other direction. Such foolproof schemes are usually foolhardy to the extreme.

The Ending Was the Denemout of a Novel, Too

Monday, July 5th, 2010

Two months ago I wrote about the trial of Columbus homebuilder Thomas Parenteau. Mr. Parenteau was accused of 13 counts of fraud, money laundering, obstruction, and witness tampering. The jury reached a verdict last week and Mr. Parenteau did receive a slight amount of good news. He was found not guilty of two counts of money laundering.

Unfortunately for Mr. Parenteau, there were 11 convictions, too.
Mr. Parenteau’s co-defendants in the scheme had earlier pleaded guilty. Mr. Parenteau, when sentenced, could find himself at ClubFed for 130 years.

I earlier wrote,

So far we’ve found out that the mistress, Pamela McCarty, is the mother of Mr. Parenteau’s two daughters; that all three lived in the same mansion; phony jobs and phony paychecks; allegations of $18 million in fraudulent loans…and the trial should last a couple more weeks.

This might be one trial transcript that could be made into a novel.