John M. Moore sentenced to Prison for Filing False Tax Returns

February 4, 2015

A tax preparer, John M. Moore, 53, was sentenced to 78 months in federal prison for filing false tax returns that cost a Kansas company more than $744,000.

Tax Fraud1Moore pleaded guilty to one count of filing a false tax return and one count of wire fraud. In his plea, he admitted a company he owns, Accent Payroll Services (APS), was hired to provide payroll processing services for Tytan International L.L.C. of Lenexa, Kan. From 2008 to 2010, APS was responsible for paying the wages of Tytan’s employees, withholding employment taxes, filing Tytan’s employment tax returns on Internal Revenue Service form 941 and paying withheld employment taxes to the IRS.

Moore transferred more than $2 million in employment tax withholdings from Tytan’s bank account to his company’s bank account. However, he only paid the IRS approximately $1.3 million. To keep Tytan from receiving notices from the IRS that taxes were not paid, Moore gave the IRS an address for Tytan at a post office box he controlled.

“These victims trusted Mr. Moore to properly remit their taxes, but instead he used their funds for his own purposes. Unfortunately, these victims are left holding the bag,” said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation. “Businesses who utilize a third party for paying their payroll taxes must realize that if the taxes aren’t paid, they are ultimately responsible for the tax liability. The IRS will work with victims to set up payment plans or possibly reduce penalties.”

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Tax Fraud Scheme earns Georgia man Prison Sentence

February 2, 2015

A Georgia man, Sirhon “Ron” Rivers, 40, was sentenced in federal court to eight years and six months in federal prison without parole for a wire fraud scheme in which he used the identity information of deceased persons to obtain more than $2.3 million in tax refunds from several states.  The court also ordered Rivers to pay $2,358,612 in restitution.

Tax FraudOn Sept. 14, 2014, Rivers pleaded guilty to one count of wire fraud, one count of aggravated identity theft, one count of conspiracy to commit money laundering and one count of conspiracy to commit wire fraud and aggravated identity theft.

Rivers admitted that he unlawfully obtained $547,000 from the Missouri Department of Revenue from January 2008 to August 2012 by filing fraudulent tax returns. Rivers used the same scheme in others states—including Kansas, Alabama, Arizona, Connecticut, Delaware, Georgia, Idaho, Louisiana, Michigan, Minnesota, New York, North Carolina, North Dakota, Oklahoma, Rhode Island and Virginia—to unlawfully acquire a total of $2,365,617 in fraudulent state tax refunds.

Rivers obtained personal identification information—including names, Social Security numbers, and dates of birth—from deceased persons. He submitted state tax returns using that information, adding false and fraudulent information such as employment and wages earned. State tax returns were submitted electronically, with the refunds electronically transferred to bank accounts that Rivers opened at several financial institutions.


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.


John C.McBride – Disbarred Attorney Guilty of Bank Fraud

January 27, 2015

A Marblehead man pleaded guilty to tax and bank fraud violations, primarily for recording fraudulent federal tax lien releases on properties he owned in Marblehead and Edgartown.

Bank Fraud 1John C. McBride, 65, pleaded guilty before U.S. District Chief Judge Patti B. Saris to endeavoring to obstruct and impede the due administrations of the Internal Revenue laws and bank fraud.  McBride, who was indicted in June 2013, is scheduled to be sentenced on April 28, 2015.

In early 2008, McBride, a now-disbarred criminal defense lawyer, recorded six fraudulent federal tax lien releases against his Marblehead home, in order to obtain a $288,000 loan secured by that property and deprive the IRS of its nearly $700,000 secured interest.  McBride prepared the releases himself, without the knowledge or authorization of the IRS, and forged the signatures of IRS officials on them.  In March 2008, McBride attempted, unsuccessfully, to record two similar fraudulent tax lien releases against a second home he owned in Edgartown, on Martha’s Vineyard.  In 2011, McBride attempted to obtain a $387,000 reverse mortgage loan from Bank of America, which was to have been secured by his Edgartown property.  In connection with that loan application, McBride falsely told the bank that there were no liens on the Edgartown property and that he was not then in bankruptcy.  In fact, there were substantial liens on the property and McBride’s bankruptcy case, which he had filed in 2009, was still ongoing.  In furtherance of his effort to obtain the bank loan, McBride prepared and recorded a fraudulent and unauthorized discharge of mortgage which purported to discharge a more than $700,000 existing mortgage on his Edgartown property.  Bank of America discovered that the discharge was fraudulent before the loan closed, and no funds were disbursed to McBride.

The charge of bank fraud provides a sentence of no greater than 30 years in prison and three years of supervised release.  The charge of endeavoring to obstruct and impede the due administrations of the Internal Revenue laws is three years in prison and one year of supervised release.  Actual sentences for federal crimes are typically less than the maximum penalties.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.


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.


You can’t hide from the IRS! Eliseo Roquiz, an anesthesiologist, pleads guilty to filing a false document with IRS… Perhaps he’ll meet Wesley Snipes in prison…?

July 31, 2011

Don’t mess with the IRS…it really isn’t worth it.  Wesley Snipes tried and look where it got him – 3 years in federal prison.  How’s that for putting a career on hold.

Eliseo Roquiz of Erie, Penn., pleaded guilty before U.S. District Judge Sean J. McLaughlin of the Western District of Pennsylvania to charges of filing a false document with the Internal Revenue Service (IRS), the Justice Department and IRS announced.

According to court documents and statements made in court, Dr. Roquiz, an anesthesiologist, used multiple tax fraud promoters to prevent the IRS from assessing and collecting his income taxes. In 1998, Dr. Roquiz established two sham trusts with the assistance of a California-based organization called National Trust Service and paid an affiliate of National Trust Service to prepare false individual and trust tax returns for him for the years 1998, 1999 and 2000. As part of the fraud, Dr. Roquiz had medical providers pay fees for his services to the sham trusts and then claimed false deductions on the trust returns to reduce the taxes on the income to zero.  Dr. Roquiz also opened bank accounts in the name of the sham trusts and transferred title to his personal residence to one of the trusts.

According to court documents and statements made in court, in 2003, after the IRS began to audit his tax returns, Dr. Roquiz hired American Rights Litigators/Guiding Light of God Ministries (ARL/GLGM), an organization located in Florida that sold abusive tax schemes, to send obstructive and frivolous correspondence to the IRS in response to notices that the IRS sent to Dr. Roquiz. After ARL/GLGM was permanently enjoined in February 2004, Dr. Roquiz hired a third fraud promoter, Joseph Saladino, to file frivolous amended U.S. Individual Income Tax Returns (IRS Forms 1040X) for the years 2000 and 2001

According to public documents and statements, Dr. Roquiz’s efforts to disrupt IRS collection activities culminated with the submission of three false Collection Information Statements for Wage Earners and Self-Employed Individuals (IRS Forms 433-A) between January and June 2005.  All three Forms 433-A, which Dr. Roquiz signed under penalties of perjury, were materially false in that Dr. Roquiz failed to disclose that he had transferred his personal residence to his sham trust and that he was a party to a lawsuit.  The second and third Forms 433-A, which Dr. Roquiz submitted in May and June of 2005, were also materially false in that Dr. Roquiz failed to disclose the existence of a bank account that he opened in the name on an LLC he had established in New Mexico.

As part of the plea agreement, the parties agreed that the tax loss associated with Dr. Roquiz’s conduct was $342,361.11 plus interest.

The charge against Dr. Roquiz carries a maximum sentence of up to three years in prison.  Sentencing is set for Nov. 15, 2011.

Perhaps Dr. Roquiz will meet Wesley…

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