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Tax Enforcement Actions

					
The  (IRS) is the United States agency with primary responsibility for enforcing federal tax laws, working with the Department of Justice. Whistleblowers with knowledge of violations of the federal tax laws can submit a claim to the IRS under the IRS Whistleblower Reward Program, and may be eligible to receive a monetary reward.


Below are summaries of recently-announced settlements or successful prosecutions by the IRS or DOJ. If you believe you have information about fraud or wrongful conduct which could give  rise to a claim under the IRS Whistleblower Reward Program, please contact us to speak with one of our experienced whistleblower attorneys.

				

			

			
						
					
			

	
		
		

			

				
				
September 15, 2017

				 Luczor Fertilien, 39, was sentenced to 30 months in prison and David Joseph, 37, was sentenced to 24 months in prison. According to documents and information provided to the court, Fertilien, Joseph and Frantz Petit-Dos owned two tax preparation businesses in Lauderhill, Florida: Imperial Taxation and Multi-Services Corp. and Aleluya Universal Accounting Services Inc.  From approximately 2010 through 2016, Fertilien, Joseph and Petit-Dos filed fraudulent returns for their clients seeking refunds to which the clients were not entitled, by reporting fictitious business income, fraudulent education and fuel tax credits and claiming deceased individuals, whose identities were stolen, as dependents.  Fertilien, Joseph and Petit-Dos did not report the illegal proceeds they received from this scheme on their personal tax returns.  The court found that Fertilien and Joseph caused a tax loss of more than $1 million.   				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 31, 2017

				 A federal grand jury in Las Vegas, Nevada returned an indictment charging three individuals with stealing more than $1 million in refunds from the Internal Revenue Service (IRS). The indictment charges Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh with conspiring to file fraudulent claims for tax refunds and theft of government funds. Chanh V. According to the indictment, Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh were residents of Las Vegas, who allegedly conspired to file federal corporate and individual income tax returns reporting fake income and income tax withholdings and as a result, obtained more than $1 million in refunds to which they were not entitled. The indictment alleges that the fraudulent returns were filed in the names of the defendants and others, including a long-deceased family member and fictitious businesses. Months after filing a fraudulent return, the defendants would allegedly file a fraudulent amended return requesting an additional refund. The indictment alleges that Chanh V. Trinh prepared and filed the returns, and that all three defendants deposited or cashed the fraudulently obtained refund checks using multiple bank accounts, brokerage accounts, and check-cashing businesses in Las Vegas. The indictment alleges that the defendants frequently concealed the funds by purchasing cashier’s checks to obtain gambling chips at casinos. 				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 25, 2017

				 A former Minister of Mines and Geology of the Republic of Guinea was sentenced to seven years in prison, and three years of supervised release, for laundering bribes paid to him by executives of China Sonangol International Ltd. (China Sonangol) and China International Fund, SA (CIF). In exchange for bribes paid by executives of China Sonangol and CIF, Thiam used his position as Minister of Mines to influence the Guinean government’s decision to enter into those agreements while serving as Guinea’s Minister of Mines and Geology from 2009 to 2010.  The evidence further showed that Thiam participated in a scheme to launder the bribe payments from 2009 to 2011, during which time China Sonangol and CIF paid him $8.5 million through a bank account in Hong Kong.  Thiam then transferred approximately $3.9 million to bank accounts in the U.S. and used the money to pay for luxury goods and other expenses.  DOJ

				 			
	
		
		
	


 			




	
		
		

			

				
				
August 15, 2017

				 Prime Partners SA ("Prime Partners") entered into a non-prosecution agreement ("NPA") with the U.S. Attorney’s Office and agreed to pay $5 million to the United States for assisting U.S. taxpayer-clients in opening and maintaining undeclared foreign bank accounts from 2001 through 2010. The NPA was based on Prime Partners’ extraordinary cooperation, including its voluntary production of approximately 175 client files for non-compliant U.S. taxpayer-clients, and provides that Prime Partners will not be criminally prosecuted. The NPA requires Prime Partners to forfeit $4.32 million to the United States, representing certain fees that it earned by assisting its U.S. taxpayer-clients in opening and maintaining these undeclared accounts, and to pay $680,000 in restitution to the IRS, representing the approximate unpaid taxes arising from the tax evasion by Prime Partners’ U.S. taxpayer-clients. 

				 					 

						
Tagged in:
													  Abusive Tax Shelters, 
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 14, 2017

				 A Miami-Dade County, Florida resident was sentenced to 70 months in prison for his role in a stolen identity refund fraud scheme. According to documents and information provided to the court, from approximately 2008 through January 2015, in Broward and Miami-Dade counties, Jean Leroy Destine, 36, and others, obtained stolen IDs, to include the personal identifying information of prisoners and deceased individuals. They used this information to prepare and file with the Internal Revenue Service (IRS) approximately 2,000 tax returns seeking more than $2 million in fraudulent refunds. Destine and his co-conspirators covered their tracks by recruiting individuals to obtain Electronic Filing Identification Numbers (EFINs) in their names from the IRS and then used these EFINs to electronically file the fraudulent returns. The conspirators directed the refunds to debit cards as well as treasury checks mailed to various addresses. The refund checks were cashed at different check cashing stores and funds were withdrawn from the debit cards at Western Union locations and ATMs. 				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 3, 2017

				 A grand jury in the Northern District of California returned an indictment, charging five individuals with conspiring to submit fraudulent claims for tax refunds. Two of the individuals were also indicted for bank fraud. According to the indictment and information provided to the court, Jorge Vissani, Jacqueline Ramos a/k/a Jackie Acosta, Ana Bajo a/k/a Ana Cobraubias, Norma Morfin and Antonio Ahumada filed fraudulent tax returns with the Internal Revenue Service (IRS) that included fake income, false dependents and bogus education expenses. As a result of filing these fraudulent returns, the defendants are alleged to have stolen more than $9 million in tax refunds. The indictment alleges that the defendants directed the IRS to send the refunds to addresses and bank accounts that they controlled. According to the indictment, they forged endorsements and cashed or deposited the refund checks at financial institutions and businesses in Northern California. 				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 3, 2017

				 A Louisiana woman pleaded guilty to four counts of preparing fraudulent tax returns. According to documents filed with the court, Shawanda Nevers aka Shawanda Hawkins, Shawanda Bryant and Shawanda Johnson, 49, operated a series of businesses in the LaPlace area, including 3LJ’s Café Services & Sports Bar LLC and 3LJ’s Industrial Service Solutions LLC. Between 2011 and 2016, Nevers filed on behalf of her clients income tax returns that included fake business losses, deductions and tax credits and sought refunds to which her clients were not entitled. Despite a federal judge permanently enjoining her from preparing federal tax returns in 2014, Nevers continued to file fraudulent returns. As part of the plea agreement, Nevers admitted that she owes the Internal Revenue Service (IRS) $6,934,764 in restitution, as well as $128,900 to the Deepwater Horizon Oil Spill Trust and $964 to the Social Security Administration. 

				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 2, 2017

				 Andre Bernard, of Mount Kisco, New York, pleaded guilty for his participation in a multi-state scheme to defraud biodiesel buyers and U.S. taxpayers by fraudulently selling biodiesel credits and fraudulently claiming tax credits. According to his plea, Bernard conspired with Thomas Davanzo, of Estero, Florida, Robert Fedyna, of Naples, Florida, and Scott Johnson of Pasco, Washington in a scheme to defraud biodiesel credit (known as "RIN" credits) buyers and U.S. taxpayers. The conspiracy involved having Gen-X Energy Group (Gen-X), headquartered in Pasco, Washington, and its subsidiary, Southern Resources and Commodities (SRC), located in Dublin, Georgia, generate fraudulent RINs and tax credits multiple times on the same material. Bernard and his co-conspirators operated several shell companies that claimed to purchase and sell the renewable fuel. The co-conspirators received at least $42 million from the sale of these fraudulent RINs to third parties. In addition, Gen-X received approximately $4,360,724.50 in false tax credits for this fuel. 				 					 

						
Tagged in:
													  Environmental Fraud, 
													  Tax Credit and Deduction Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 26, 2017

				 An Alaskan couple was charged in federal court in Juneau, Alaska with four counts of willful failure to pay their individual income taxes. According to the Information, Archie W. Demmert III and Roseann L. Demmert earned income from commercial fishing. The Information alleges that Archie Demmert owned Vetta Bay LLC, which owned the Demmerts’ fishing vessel, the Emerald Beauty. The Information further charges that the Demmerts have a long history of not paying their taxes to the Internal Revenue Service (IRS). It alleges that the Demmerts did not pay their taxes for 13 separate tax years, for which they owed over $400,000, excluding penalties and interest. 				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 27, 2017

				 A District of Columbia woman was sentenced today to 63 months in prison for her involvement in a scheme to fraudulently obtain millions of dollars in income tax refunds, announced the Justice Department’s Tax Division. Tarkara Cooper, 34, was convicted by a jury on Feb. 17 for conspiring to commit theft of government funds and defraud the United States and theft of public money. Two of her co-defendants, Tony Bryant, 55, and his son, Brian Bryant, 29, both of Clinton, Md., were also convicted at trial and are awaiting sentencing. Cooper was part of a massive sophisticated stolen identity refund fraud scheme that involved a network of more than 130 people, many of whom were receiving public assistance. Conspirators fraudulently claimed refunds for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. Returns were also filed in the names of, and refunds were issued to, willing participants in the scheme. The returns filed listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia. According to court documents, the overall case involved the filing of at least 12,000 fraudulent federal income tax returns that sought at least $42 million in refunds. 				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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