Tax Credit and Deduction Fraud

February 22, 2016

The Justice Department filed a lawsuit asking a federal district court in Houston, Texas, to permanently bar two men from preparing false tax returns. The defendants named in the lawsuit are John E. Carter, individually and doing business as Midwestern Financial Group Inc., and Sulayman Mamadou Jarra, individually and doing business as African Art Appraisal Services. According to the complaint, Carter promoted a tax evasion scheme to his clients, telling them they could reduce their federal tax liability by supposedly donating African tribal art to an educational institution or museum. The complaint states that Carter provided his clients with an appraisal by Jarra that substantially overvalued the art, and that for many of the returns, the signature was forged on the Internal Revenue Service form where the institution purportedly acknowledged receipt of the art. DOJ

January 26, 2017

New York announced a lawsuit against STAR Exemption Advisor, YCA Corp. and its business owner Arie Gal, for allegedly scamming thousands of new homeowners out of at least $1.5 million by charging them excessive fees to enroll them in the Basic STAR Exemption Program, which is otherwise free. The lawsuit, filed in Nassau County Supreme Court, seeks to provide full restitution to all those affected, and a complete accounting to identify all consumers who are entitled to such refunds. The lawsuit also seeks additional costs, damages, and to permanently enjoin the respondents from marketing any Basic Star rebate or property tax reduction services within the State of New York. The Attorney General’s office also secured a temporary restraining order enjoining the defendants from continuing doing business in New York State, to pay full restitution and damages to all injured consumers and to render a full accounting of all victims to the office. The temporary restraining order also froze all of the defendants’ assets. NY

January 24, 2017

A former Queens, New York return preparer pleaded guilty to aiding and assisting in the preparation of false income tax returns. According to documents filed with the court, from in or about 2004 through 2014, Vanya Thompson, 39, ran a tax return preparation business, which operated under a number of names, including Lyn Services, Ricardo Multi-Service and Katie’s Multi-Service. To generate larger refunds for her clients, Thompson falsified items on their returns such as charitable deductions and business income, expenses, and losses, causing a tax loss of more than $250,000. DOJ

September 29, 2016

Chemoil Corporation agreed to retire 65 million renewable fuel credits to resolve alleged violations of the Renewable Fuel Standard program.  The current market value of the credits -- along with an additional 7.7 million renewable identification numbers already retired by Chemoil in the lead up to this settlement -- is more than $71 million.  Chemoil also will pay a $27 million civil penalty under the settlement, the largest in the history of the EPA’s fuel programs.  The RFS program requires exporters to retire RINs for renewable fuel like biodiesel, because the fuel exported is no longer available for blending into United States’ fossil fuel supply and, for that reason, cannot be used to meet the renewable fuel volume mandate established by Congress.  If exporters fail to retire the appropriate number and type of RINs associated with the exported fuel, it artificially inflates the volume of renewable fuel available for blending in this country and the number of RINs available to meet the renewable fuel volume mandate.  According to the government, ensuring exporters comply with the regulations for RIN retirement is critical to the proper functioning and integrity of the RFS program.  DOJ

March 7, 2016

Philip Joseph Rivkin (aka Felipe Poitan Arriaga) was sentenced to 121 months in prison and to pay more than $87 million in restitution and forfeit $51 million for generating and selling fraudulent biodiesel credits in the federal renewable fuel program through his companies Green Diesel LLC, Fuel Streamers Inc. and Petro Constructors LLC.  DOJ

January 8, 2016

Joseph Furando was sentenced to 20 years in prison and to pay more than $56 million in restitution for his role in a scheme to fraudulently sell biodiesel incentives.  Furando admitted he and his companies, New Jersey-based Caravan Trading Company and CIMA Green, supplied Indiana-based E‑biofuels with biodiesel that was actually made by other companies and had already been used to claim government tax credits.  Furando realized his profits through the prices he charged E‑biofuels.  Over the course of approximately two years, the defendants fraudulently sold more than 35 million gallons of fuel for a total cost of over $145.5 million.  The defendants realized more than $55 million in gross profits, at the expense of their customers and U.S. taxpayers.  DOJ

April 29, 2015

Chad, Chris and Craig Ducey pleaded guilty for their role in a multi-state scheme to defraud biodiesel buyers by fraudulently selling biodiesel incentives.  The Ducey brothers operated E-biofuels LLC and they sold over 35 million gallons of biodiesel to customers for more than $145 million by falsely claiming the fuel was eligible for federal renewable energy incentives, when they knew it was not.  In addition, Craig Ducey pleaded guilty to a related $58.9 million securities fraud, which victimized over 625 investors and shareholders of Imperial Petroleum, the publicly-traded parent company of E-biofuels.  DOJ

April 15, 2015

Joseph Furando, together with his two New Jersey companies Caravan Trading Company and CIMA Green, pleaded guilty for their parts in an Indiana-centered scheme to defraud biodiesel buyers and US taxpayers by fraudulently selling biodiesel incentives in connection with tax credits offered under the Energy Independence and Security Act designed to encourage use of renewable fuel sources.  DOJ