IRS Tax Fraud – Dewayne Long faces Prison

February 1, 2015

Dewayne K. Long, 53, of Omaha, Nebraska, was sentenced for conspiracy to defraud the United States by filing false federal income tax returns for income tax refunds.  The Honorable Joseph Bataillon sentenced Long to one year and one day in prison, three years of supervised release and restitution in the amount of $440,924.00.

IRS-logoBeginning around December 1, 2008, through March 2010, Dewayne K. Long, and another individual conspired to defraud the Internal Revenue Service by filing false federal income tax returns which contained fraudulent claims for income tax refunds.  These claims were based upon false amounts of federal income tax withheld which were reported on false Forms 1099-0ID.  The Form 1099-OIDs (Original Issue Discount) improperly claimed that the clients had income and corresponding federal income taxes withheld, which resulted in a refund due from the IRS.  Long and his co-conspirator caused nine (9) false claims to be filed with the IRS, totaling $4,701,010.00.

“This defendant filed fraudulent tax returns with bogus claims in an attempt to steal from the U.S. Treasury and the taxpaying public,” said Tanya Brewer, Acting Special Agent in Charge of IRS Criminal Investigation.


Stephen Jacobs Chiropractor – Guilty of being Stupid by Bribing an IRS Official

January 23, 2015

Stephen Jacobs, 56, of Lowell, was sentenced to nine months in prison, two years of supervised release, and ordered to pay a $10,000 fine.  Jacobs must report to the custody of the Bureau of Prisons by Feb. 24, 2015.  In October 2014, Jacobs pleaded guilty before U.S. District Court Judge William G. Young to bribery of a public official.

Stephen JacobsIn August 2013, an IRS auditor met with Jacobs, a chiropractor, to examine numerous issues with his federal income tax forms for 2011.  During the initial interview, the auditor advised Jacobs that two $5,000 payments were not allowable deductions after Jacobs admitted that each was a payment to two different women after they accused him of touching them inappropriately during medical treatments.  Jacobs told the auditor that he paid the women because he was concerned that they would report him to the police or to the chiropractic board.  Jacobs admitted that he had begun kissing one woman’s feet while he was treating her.  He also admitted to other inappropriate contact when he was giving the second woman a massage.

Jacobs asked the IRS auditor if there was anything he could do to “just deal with this…”  When the agent said he could not “just deal with this,” Jacobs became agitated and combative, ultimately threatening the agent that he would “ruin [his] career.”

The following month, after several electronically monitored discussions regarding his non-deductible expenses, Jacobs offered to bribe the auditor in exchange for terminating the examination, saying, “. . . you want a bribe? You want me to pay you?…”  The auditor, acting under the direction of law enforcement, then accepted Jacobs’s offer of $5,000 to give Jacobs a favorable audit letter showing no additional tax for one year and a small refund for the next year.  Jacobs paid the auditor $5,000 in cash for the favorable treatment.


Former Finance Director for Town of Plymouth – David J. Bertnagel arrested for Embezzlement

January 22, 2015

DAVID J. BERTNAGEL, 41, of Thomaston, was arrested today on a federal criminal complaint charging him with embezzling more than $800,000 from the Town of Plymouth.

david-bertnagelAccording to the criminal complaint, from July 2014 to October 2014, BERTNAGEL was employed as the Finance Director for the Town of Plymouth. For approximately six years prior to that time he was a part-time employee in the Town’s Finance Department. From approximately October 2011 through October 2014, it is alleged that BERTNAGEL issued 207 checks totaling approximately $808,030 from the Town’s payroll account to himself. BERTNAGEL used the embezzled funds to make mortgage payments, pay credit card bills, fund home improvement projects and purchase more than $100,000 in coins, stamps and other collectibles. He also converted more than $182,000 of the stolen funds by way of cashed checks, ATM withdrawals and money orders.

The complaint also alleges that BERTNAGEL did not file a tax return with the Internal Revenue Service for the 2011 tax year and, although he did file tax returns for the 2012 and 2013 tax years, he failed to report any of his embezzled income.

Since 2011, Plymouth has received approximately $450,000 in grant awards from the U.S. Department of Health and Human Services.

The criminal complaint charges BERTNAGEL with theft from a local government receiving federal funds, which carries a maximum term of imprisonment of 10 years.


Don’t Screw with the IRS – Kenneth Frank Harycki pleads Guilty faces Prison

January 21, 2015

KENNETH FRANK HARYCKI, 51, plead guilty to conspiracy to defraud the United States by preparing and filing tax forms that he knew to be fraudulent. HARYCKI pleaded guiltyd to perpetrate,” said U.S. Attorney Luger. “By his guilty plea, Mr. Harycki kenneth Haryckihas taken responsibility for his actions, but that does not excuse his criminal acts. This defendant not only violated his accounting license by covering up a tax fraud, he eroded the trust of the residents of Stillwater, who elected him to a position of high public office.”

According to his guilty plea, during the course of the conspiracy, HARYCKI owned and operated businesses that provided bookkeeping, payroll, and accounting services, including tax- related services, to clients. In 2007, the defendant began providing services to two separately charged co-conspirators. Within the first few payroll cycles for Model Health Care (Model), a company controlled by the two separately charged co-conspirators, the defendant concluded that while payroll taxes were being withheld from the wages of employees, those taxes were not being paid over to the government. The defendant learned that these co-conspirators had directed that the withheld taxes not be paid to the government and, instead, the taxes would be used for other purposes, including compensating the co-conspirators and their family members and funding other businesses operated by the co-conspirators.

According to the defendant’s guilty plea, on February 18, 2010, HARYCKI created the entity MKH Holdings, Inc., to assume control over bank accounts used to fund businesses operated by the co-conspirators. The entity was used to cause funds falsely reported on income tax returns to be paid to the co-conspirators and others. During the course of the conspiracy, HARYCKI also incorporated other businesses, obtained employer identification numbers, paid for personal expenses, filed false tax returns, and opened and used numerous bank accounts for the benefit of the separately charged co-conspirators in order to avoid payment of taxes.

The tax loss from the defendant’s relevant conduct is between $1 million and $2.5 million.


Mortgage Fraud scheme by former SunTrust Mortgage leads to guilty plea by Javier Siveroni

August 10, 2011

ALEXANDRIA, Va. – Javier Siveroni, 48, of Springfield, Va., pleaded guilty today to using his position as a loan officer to help carry out a multi-million dollar mortgage fraud scheme involving more than 15 homes in Northern Virginia.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after the plea was accepted by United States District Judge Liam O’Grady.

Siveroni pleaded guilty to one count of an indictment charging him with conspiracy to commit wire fraud.  Siveroni faces a maximum penalty of 20 years in prison when he is sentenced on Nov. 4, 2011.

According to court documents, Siveroni, a former loan officer at the Falls Church branch of SunTrust Mortgage, prepared and submitted false, fraudulent, and misleading mortgage loan applications for unqualified buyers – individuals who lacked the finances, credit rating, or legal status to obtain a certain loan amount.  The fraudulent mortgage loan applications contained false information regarding applicants’ employment, income, assets, immigration status, and intent to live in the property as a primary residence.  As part of the fraud scheme, Siveroni created, and taught his co-conspirators how to create, fake documents in order to corroborate false information contained in the loan applications.  The total amount of mortgage loans approved through the conspiracy exceeded $6.5 million.  The total loss attributable directly to Siveroni is over $2.5 million.

In related matters, three loan officers have pled guilty for their roles in the alleged conspiracy: Preston Cherouny, 45, of Washington, D.C.; John Leone, 44, of Vienna, Va.; Alejandro Alquinta, 35, of Springfield, Va. Maria Teresa Sanchez, 44, of Burke, Va., and Yolanda Salazar Camacho, 35, of Alexandria, Va., also pled guilty for their roles as loan officer assistants in the conspiracy.

This ongoing investigation was conducted by the FBI’s Washington Field Office.  Assistant United States Attorney Uzo Asonye prosecuted the case on behalf of the United States.


Not Paying Withholding taxes to the IRS is Tax Evasion – Kim Jenkins Brandveen plead guilty – faces Prison sentence

August 10, 2011

RICHMOND, Va. – Kim Jenkins Brandveen, 50, of Petersburg, Va., pleaded guilty today to tax evasion as part of a multi-year scheme involving various durable medical supply companies she owned.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and Jeannine Hammett, Acting Special Agent in Charge of the Internal Revenue Service Criminal Investigation’s Washington, D.C., Field Office, made the announcement after the plea was accepted by United States District Judge Henry E. Hudson.

Brandveen was indicted on June 7, 2011 and today pled guilty to one count of tax evasion.  Brandveen faces a maximum penalty of five years in prison when she is sentenced on November 18, 2011.

In a statement of facts filed with her plea agreement, Brandveen admitted being the owner of Healthcare Solutions Medical Supply, LLC, which sold durable medical equipment and provided home health services.  Brandveen directed the withholding of federal employment taxes from the paychecks of that business’s employees, but regularly and systematically failed to pay those taxes over to the IRS, instead using those funds for other business ventures and personal expenses.

When the IRS undertook collection efforts, Brandveen ceased operation of that business and abandoned its bank accounts.  She then created a new business, Healthcare Solutions Service Corporation, a virtually identical business performing largely the same functions from the same location with the same employees.  That business also failed to pay over employees’ withheld employment taxes to the IRS, again using them for Brandveen’s other business ventures and personal expenses.  When the IRS undertook to hold Brandveen personally responsible for the failure to pay the employment taxes, she misled the IRS by falsely asserting that a relative was actually the party responsible for paying those taxes.


Don’t mess with the IRS – Tuscon restaurant owner Mary Martino guilty of tax issues…

August 2, 2011

Operating a restaurant…and diverting monies to personal use…and not filing returns – that’s a recipe for disaster.

Mary Brooke Martino, 61, of Tucson, pleaded guilty on Thursday in federal district court to willfully subscribing and filing a false 2004 Individual Income Tax Return. Martino was charged with willful subscription and filing of a false tax return prior to her plea.

Mary Brooke Martino is married to Anthony Martino, 63, also of Tucson. They are the owners and operators of Anthony’s in the Catalinas, a restaurant which is a C corporation and incorporated under the name A.M. Restaurant Corporation. Mary Martino was primarily responsible for office operations of the restaurant. Anthony Martino was primarily responsible for restaurant and catering operations. From 2002 through 2006, the Martinos diverted at least $100,000 from the financial accounts maintained by the restaurant for their personal use during each year. On the books and records of the corporation, the diverted monies were classified as either business expenses or loans to shareholders. The couple had federal corporate income tax returns, Forms 1120, prepared for 2002 through 2005, but did not file the 2003 return. The other returns were filed late. The defendant and her spouse did not timely file federal individual income tax returns for 2002 through 2006 until after being contacted by Special Agents of the Internal Revenue Service, Criminal Investigation, on February 22, 2008.  On March 3, 2008, the defendant and her spouse then filed hand-written Forms 1040EZ which only reported gambling winnings, and no other income for either the defendant or her spouse for any of the five tax years, whether from the operation of Anthony’s in the Catalina’s or other sources. The government contends that the tax loss is more than $200,000 but not more than $400,000. The defendant contended that the applicable tax loss is more than $80,000 but not more than $200,000.

A conviction for willful subscription and filing of a false tax return carries a maximum penalty of three years in prison, a $250,000 fine or both. Sentencing is set before Judge David C. Bury on October 19. 2011.