Lots of Fraud This Week

Plenty of fraud to digest this week, with stories that span the globe. We even have what looks like a case that we reported on two years ago where the alleged perpetrator won’t be prosecuted after all.

Let’s start in Budapest, Hungary. Many criminals have found the former Eastern Block a safe place to call home. Apparently Dennis Hunter is one of them. Mr. Hunter faces charges of tax fraud on a massive scale: He’s alleged to have defrauded the British treasury of £250 million. The fraud relates to the Value Added Tax that exists in Europe, and allegedly took place from 2001 to 2003. Agents from Spain, Hungary, and the United Kingdom found Mr. Hunter in an Irish pub in Budapest. Mr. Hunter will soon be sent back to the United Kingdom and, if convicted, faces several years in a British jail. Mr. Hunter was one of the ten most wanted criminals in the U.K.

Thomas Carbo was sentenced this past week. We reported on Mr. Carbo back in September; he paid his employees in cash and pocketed the payroll taxes. He also skimmed income from his business. That combination wasn’t a winner, and he pleaded guilty. He received 20 months at ClubFed, a $5,000 fine, and must make restitution of $158,000.

Daniel Benham sold a plan that said that you could create legal entities to shelter your taxes. (If you do create those entities, they will owe tax.) That in itself is dubious, but there’s one born every day. Mr. Benham also decided to cheat the IRS the old fashioned way: He didn’t pay his taxes from 2000 through 2003. That got him convicted of four counts of tax evasion and one count of bankruptcy fraud. He’ll have six years at ClubFed to find a new scheme.

Finally, I reported on the case of Michael Monahan in March of 2007. Mr. Monahan is alleged to have not paid payroll taxes on his temp agency’s employees. But the case has apparently run into trouble. Mr. Monahan had pleaded guilty but has now withdrawn that plea. The case against his partner was dropped last year. It’s now unclear as to whether Mr. Monahan will be prosecuted or not. The Nashua Telegraph reports that the prosecutor had last week filed a motion to allow Mr. Monahan to change his plea and to dismiss the case against him “with prejudice” but his superiors aren’t happy with that idea. They forced the prosecutor to withdraw that motion.

Well, unless you’re about to be nominated for a Cabinet post try not to cheat on your taxes. Please?

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Is There Something in the Water in Illinois?

Suppose you’re a tax preparer, and your new client owes quite a bit. Being the ever helpful kind of person that you are, you suggest to him that he add some additional business losses, charitable contributions and child care expenses, and maybe a dependent or two. Sounds familiar, no?

Well, if that client happens to be an undercover criminal investigator from the IRS, you will soon be a former tax preparer and you may soon be residing at ClubFed. Dewayne Preacely of Flossmoor, Illinois owned and operated Personal Tax. The business was successful, with three locations in Chicago Heights, Harvey, and Waukegan. The emphasis definitely needs to be on “was” because Mr. Preacely pleaded guilty last week in Chicago to tax fraud.

It’s not just Mr. Preacely who will be paying for this. There are 67 taxpayers who have been sent “Dear Valued Taxpayer” letters from the IRS and who will soon have to pay the additional tax, interest, and possible penalties.

But Mr. Preacely isn’t the only Bozo preparer from Illinois this week. Keith Edwards of Cahokia (near St. Louis) is boarding at ClubFed until his April trial. Mr. Edwards prepared tax returns and allegedly had the money wired into his own account. That in itself is bad, and the charge that he also used someone else’s social security number to file the returns makes matters worse. Plus he was apparently caught with ammunition. He was convicted of a felony count in 2002 so he’s also been charged with being a convicted felon in possession of ammunition. It’s triple trouble for Mr. Edwards.

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No Progress in Sacramento

I heard while driving last week that global warming enthusiasts predicted a severe drought this year in California. Of course, the dry weather of January promptly changed to a rainy pattern that is now predicted to last for at least the next two weeks.

Perhaps we can ask Al Gore or someone else to predict that the budget standoff in Sacramento will continue. If so, the crisis—there was no movement last week—would quickly come to an end.

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The FTB Losing Streak Continues

The Franchise Tax Board’s battle against Gilbert Hyatt continues in Las Vegas. Mr. Hyatt, as you may recall, moved from California to Las Vegas in the early 1990s a few months before he received a patent settlement in the millions. The FTB conducted a residency audit and found he was still a resident of Nevada. Mr. Hyatt sued the FTB in Nevada; the FTB fought the lawsuit claiming immunity from being sued. That case went all the way to the US Supreme Court, and the Court ruled that the FTB could be sued.

Last year Mr. Hyatt finally won his case, and he won big. He won $396.08 million. Over the last week Judge Jessie Walsh denied the FTB’s motion for a new trial. She also told the FTB that they must post a bond if they wish to appeal. Somehow, Judge Walsh doesn’t think California’s credit is good. I believe (but am not certain) that a 10% bond must be posted, so that would mean about $39 million.

What is thoroughly annoying to me is that the tactics that a California resident cannot sue the FTB even if the FTB were to use the same tactics as they used against Mr. Hyatt. The FTB does enjoy sovereign immunity in California.

Further motions are scheduled to be heard on March 11th. Presumably if these motions are denied the next step is for the FTB to file an appeal.

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Paging President Obama and Secretary Geithner

Today the Tax Court decided Taylor v. Commissioner, a case involving a lien and a levy. While the case itself is interesting (the petitioner is a famous singer), it’s the Court’s conclusion that interested me:

Both petitioner and respondent repeatedly commented on petitioner’s stature as a beloved and well-known professional singer as support for their respective positions in these consolidated cases. We disagree with both parties insofar as they contend that a taxpayer’s celebrity status is somehow relevant to what this Court must do in deciding whether the Commissioner’s collection action may proceed. Every taxpayer, no matter how famous or notorious, has a legal obligation to honestly report and pay his or her income tax liability each year and is entitled to fair enforcement of Federal tax laws. [footnote omitted]

Anyone who believes that Secretary Geithner was treated identically to how you or I would be treated, please step forward….

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Francis Sent Home

Girls Gone Wild founder Joe Francis was released from ClubFed this afternoon. Francis slept through his Monday morning court hearing. He has stated that he was suffering from the flu. He’s been ordered to get a doctor’s note, and present it on February 11th. Until then, he’ll get the bed rest his doctor has ordered—he’s been ordered to stay at home by Judge S. James Otero.

Francis faces ten years at ClubFed if found guilty of tax evasion in a trial set to begin at the end of March.

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Francis Gets to Sample ClubFed

Girls Gone Wild founder Joe Francis faces felony tax evasion charges. This morning he was supposed to appear in Federal Court in downtown Los Angeles at 8:30a.m. He didn’t show up. After a phone call to his home wasn’t answered, a bench warrant was issued.

Mr. Francis finally appeared at 1:30p.m. It’s likely that Judge S. James Otero wasn’t thrilled with Mr. Francis’ excuse of having the flu. Mr. Francis was taken away by the US Marshal’s Service. While his defense attorney pledged to try to have him released, there’s no word on whether she was successful.

Mr. Francis is accused of improperly deducting $20 million from his corporate tax returns. Today’s hearing was so that his defense attorneys could step down because of “strategic differences of opinion.”

News Story: EOnline

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Another Thing to Try at the Next Audit or Appeal

I’m learning a whole bunch of new strategies to use in my representation work, all courtesy of President Obama’s Cabinet appointees. I already have the “I Forgot” defense from Treasury Secretary Geithner. Next is the “Forget ClubFed and Penalties” defense from Tom Daschle.

Former Senator Daschle (D-South Dakota) is the nominee to become Secretary of Health and Human Services. Bill at April15.com has a great post where he notes:

1. he failed to report $80,000 in consulting income

2. he failed to consider that receiving a car and driver from his employer would be income

3. he claimed charitable deductions to organizations that were not qualified charities and

4. all totaled he had to pay over $140,000 in taxes and interest yet didn’t have pay a dime in penalties (when in fact other taxpayer’s have gone to prison for less)

Unfortunately, us middle-class Americans are the ones stuck paying taxes. Perhaps Leona Helmsley was right: “Only the little people pay taxes.”

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A Punter, a Pimp, and Two Executives

With the Super Bowl having just ended, perhaps it’s appropriate that a former NFL punter makes the tax beat this week. He’s joined by a pimp and two executives in a potpourri of tax fraud.

Let’s start in nearby Upland, California. Joseph Prokop punted for Green Bay, San Diego, the New York Jets, San Francisco, the New York Giants, and Miami from 1985 to 1992. After his professional career ended Mr. Prokop became marketing director of Oryan Management and Financial Services of Upland. The company created Tax Break 2000. Thankfully, the Internet Archive has some pages saved from http://taxbreak2000.com/. The government alleges that the scheme combined the Americans with Disabilities Act (ADA) with tax fraud. The idea of Tax Break 2000 was that you could get a tax credit for making facilities ADA compliant. However, the government alleges that Mr. Prokop and two individuals from Las Vegas conspired to defraud the US, committed tax fraud, and aided in preparing false tax returns. They’re facing a trial in Las Vegas

>From a punter to a pimp. Randall Bradley Jones had a lucrative business. It’s alleged he ran six houses of prostitution. What’s no longer just alleged is that he earned $667,000 in 2003 while he reported just $140,000. Illegal income is just as taxable as legal income, and Mr. Jones pleaded guilty to tax evasion in Houston. As a spokeswoman for the IRS said, “You should report your ill-gotten gains just like you report any legal income.” Mr. Jones will pay the IRS a $15,000 fine, will likely spend some time at ClubFed, and must make restitution of around $1 million (including penalties and interest).

We head next to Jackson, Mississippi. Gergory Courtney used to be an executive for Shell. But what Shell didn’t know was that Mr. Courtney created a shell company, Mercury Equipment Co. (MES), that supposedly sold and maintained offshore oil rigs. Mr. Gregory then used his position to approve the contract. That’s fraud, and it also became tax evasion when Mr. Gregory didn’t report the income from MES on his tax return. And it wasn’t a small amount; he admitted to $800,000 of tax evasion. Mr. Courtney pleaded guilty to both tax evasion and mail fraud; he faces up to 25 years at ClubFed when he’s sentenced in May.

Finally, Thomas Jimenez is the former CFO of GlobeTel Communications. And the scheme that brought Mr. Jimenez to a courtroom is definitely complex. GlobeTel needed some loans, and banks want collateral for loans. That didn’t appeal to Mr. Jimenez, so he created C&M Management Consulting. C&M made the loans, supposedly secured by $2.8 million in GlobeTel stock—stock that was paid to Mr. Jimenez and other corporate officers in 2004 and 2005. But then Mr. Jimenez sold the stock, and distributed the proceeds to himself and the other officers. And the stock sale wasn’t reported to the IRS, and that’s a big problem. Mr. Jimenez pleaded guilty to tax evasion; the SEC also has an active probe of Mr. Jimenez’s activities. The other corporate officers have settled with the SEC. Mr. Jimenez is looking at up to three years at ClubFed for tax evasion.

Three professions. Four individuals in trouble with the IRS. It’s a whole lot easier to just pay your taxes then it is to concoct schemes to avoid them…and get away with it.

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Three Fewer Bozo Tax Preparers on the Loose

>From the East Coast comes two tales of Bozo tax preparers. They’re joined by one from the heartland. Together, it’s a trifecta of what not to do.

First, Henderson Joseph of Clarksburg, Maryland used to own Triad Business Services. Mr. Joseph followed the Western Tax Service methods of getting refunds for clients: lying. It works great until you get caught, and with $500,000 of fraudulent tax returns Mr. Joseph did get caught. He pleaded guilty to conspiracy, and he’s looking at about three years at ClubFed.

Meanwhile, Diana Aliffi of Suffolk County, Long Island, New York took Mr. Joseph’s methods one step further. She attempted to defraud New York of $19 million in phony refunds. The New York State Department of Taxation and Finance caught her, and she pleaded guilty in state court to a 76-count indictment with tax fraud front and center. Perhaps it was the fact that she told her clients to have the refunds come to her office instead of to the taxpayers (that in itself is illegal) that got her caught. In any case, Ms. Aliffi is looking at one to three years at a New York penitentiary and must make restitution of $57,000.

Finally, Gene Franklin was convicted in March 2008 on two counts of preparing false tax returns. His business, Franklin & Company, aligned itself with Renaissance, The Tax People. Renaissance was a multi-level marketing firm (no problem yet) that sold tax kits (still doing OK) that advocated tax fraud (that’s a problem). Mr. Franklin will spend 30 months at ClubFed.

Remember, if it sound too good to be true it probably is.

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