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Tax Fraud

This archive displays posts tagged as relevant to tax fraud and underpayment. You may also be interested in the following pages:

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Proposed Changes to NY FCA Tax Provisions Rattle Potential Tax Fraudsters

Posted  10/16/20
Albany New York Capitol Complex buildings against blue sky
New York is one of several states that has provisions in its state False Claims Act (“NY FCA”) allowing whistleblower (or qui tam) suits for violations of the state’s tax laws. On August 3, 2020 (Senate) and October 7, 2020 (Assembly), the New York state legislature, introduced bills proposing revisions to the NY FCA’s tax provisions.

The Proposed Legislation

The Senate bill’s accompanying memorandum...

Catch of the Week: Texas-Sized Indictment for $2 Billion Tax Fraud

Posted  10/16/20
texas longhorn bull standing in open grass field
Everything sure is bigger in Texas.  Bigger hair, bigger churches, bigger stadiums, bigger ranches, and bigger sky.  Oh, and as of this week, bigger billionaires committing bigger frauds! On Thursday, federal prosecutors in California charged Robert T. Brockman, a Houston tech executive, with hiding $2 billion in income from the Internal Revenue Service.  True to Texas form, David L. Anderson, the U.S. attorney...

October 15, 2020

Robert F. Smith, who formed and beneficially owned Belize entity the Excelsior Trust and Nevis entity Flash Holdings, has entered into a non-prosecution agreement, agreeing to pay $139 million, to resolve claims that between 2000 and 2015 he unlawfully used the offshore entities and their offshore bank accounts to conceal income earned by him on private equity investments and evade millions in taxes.  Using the offshore trust accounts, Smith willfully did not report to the IRS over $200 million of partnership income.  In addition, he unlawfully failed to report his ownership of foreign bank accounts in BVI and Switzerland.  The $139 million settlement consists of $56 million in taxes and penalties on unreported income and $82 million in penalties stemming from his failure to report his offshore bank accounts.  In addition, Smith agreed to abandon a $182 million refund claim based on alleged charitable contributions in 2018 and 2019.  DOJ; USAO ND Cal

October 10, 2020

The owners of Keystone Biofuels Inc., Ben Wootton and Race Miner, were sentenced to approximately 5.5 years imprisonment each and they and Keystone were ordered to pay restitution and fines totaling $9.23 million to the IRS and Pennsylvania Department of Environmental Protection following their convictions at trial for charges relating to their renewable fuels scam.  The defendants falsely claimed that they were able to produce biodiesel that permitted them to create renewable fuel credits known as RINs; then then sold both the non-qualifying fuel and the fraudulently-created RINs.  In addition, Keystone claimed federal tax refunds under the IRS Biofuel Mixture Credit program, creating false books and records to conceal the non-qualifying, and in some cases non-existent, fuel.  DOJ

October 9, 2020

Steve Choi, who owned and operated companies that provided food services in federal government buildings in the D.C. area, was sentenced to nearly two years in prison and ordered to pay over $11 million in restitution following his guilty plea on tax charges.  The government alleged that Choi failed to pay over $10 million in employment and sales taxes, despite withholding more than $4.4 million in employment taxes from employee checks and charging sales taxes to customers.  DOJ

October 6, 2020

Financial services firm Strachans SA, now Strachans SA in Liquidation, pleaded guilty to charges that it conspired with U.S. taxpayers and others to enable the taxpayers to conceal income and assets in offshore accounts.  Strachans services included the formation of trusts and offshore companies, management of undeclared assets held by nominee sham entities, and the facilitation of cash withdrawals by U.S. clients from the undeclared offshore entities through fake loans, sham consultancy agreements, dummy invoicing, and other methods.  Strachans, which voluntarily disclosed its conduct to the IRS in 2014, will pay a fine of $500,000DOJ

Constantine Cannon Attorneys Ari Yampolsky and Chris McLamb Published in the Daily Journal on the California FCA

Posted  09/17/20
On September 8, 2020, Constantine Cannon attorneys Ari Yampolsky and Chris McLamb published an article in the Daily Journal discussing the California State Senate’s failure to pass critical amendments to the California False Claims Act.  Among other things, the amendments would have closed a loophole that lets tax cheats off the hook and rebuffed defendants’ attacks on the CFCA’s longstanding materiality...

August 26, 2020

LA-based clothing company Ambiance Apparel and its owner Sang Bum “Ed” Noh have pleaded guilty to customs violations and tax offenses, agreeing to pay a total of $118 million, which includes $36 million in previously-seized cash.  Defendants evaded import tariffs by colluding with Asian manufacturers for the submission of invoices to CBP that fraudulently understated the value of imported clothing. The fraudulent invoices indicated payment terms by letter of credit; a second invoice for the balance of the actual price was paid by defendants by wire transfer. In less than five years, Ambiance undervalued imports by about $82.6 million and failed to pay more than $17.1 million in tariffs. In addition, defendants failed to properly report cash transactions and maintained a second set of books for cash transactions, evading nearly $17 million in taxes.  The company will be placed on probation for five years and will be ordered to undertake specific compliance procedures.  USAO CD Cal

August 6, 2020

Following his conviction at trial on charges to defraud the EPA and IRS, David Dunham, who had ownership interests in Smarter Fuel LLC and Greenworks Holdings LLC, was sentenced to seven years in prison and ordered to pay restitution of $10.21 million.  Dunham fraudulently applied for, received, and sold over $50 million in EPA, IRA, and USDA credits and payments for producing biofuels that he, in fact, did not produce and, in many instances, had never possessed in the first place.  DOJ

July 22, 2020

Tony Garrett Taylor has been sentenced to 8 years in prison and ordered to pay over $6 million to the North Carolina Medicaid program and over $1 million to the IRS after pleading guilty to committing healthcare fraud and tax evasion.  Along with his brother, Jerry Lewis Taylor, the defendant conspired to use outpatient behavioral health services companies owned and operated by the brothers to submit false claims to Medicaid for services that were either never provided or misrepresented.  Jerry Lewis Taylor has also pleaded guilty and is currently awaiting sentencing.  AG NC
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