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Former CPA Indicted for Failing to Report Foreign Bank Accounts and Filing False Documents with the IRS


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Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Monday, August 26, 2019

Former CPA Indicted for Failing to Report Foreign Bank Accounts and Filing False Documents with the IRS

A federal grand jury returned a superseding indictment charging Brian Booker, a former resident of Fort Lauderdale, Florida, whose business specialized in international trade, with failing to file Reports of Foreign Bank and Financial Accounts (FBARs) and filing false documents with the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and United States Attorney Ariana Fajardo Orshan for the Southern District of Florida.

According to the superseding indictment, Booker, a former Certified Public Accountant, owned a cocoa trading company that was organized under the laws of the Republic of Panama.  Booker allegedly operated that company from Venezuela, Panama, and his former residence in Fort Lauderdale, Florida.  The superseding indictment further alleges that, for calendar years 2011 through 2013, Booker failed to disclose his interest in financial accounts located in Switzerland, Singapore, and Panama on annual Reports of Foreign Bank and Financial Accounts (FBARs) as required by law.  Booker also allegedly filed false individual income tax returns for tax years 2010 through 2012 that failed to report to the IRS all of Booker’s foreign bank accounts.

Booker is also charged with filing a false “Streamlined Submission” in conjunction with the Streamlined Domestic Offshore Procedures. The IRS Streamlined procedures allowed eligible taxpayers residing within the United States, who failed to report gross income from foreign financial accounts on prior tax returns, failed to pay taxes on that gross income, or who failed to submit an FBAR disclosing foreign financial accounts, to voluntarily disclose their conduct to the IRS.  The superseding indictment alleges that Booker’s Streamlined submission falsely claimed that his failure to report all income, pay all tax, and submit all required information returns, such as FBARs, was due to non-willful conduct.

If convicted, Booker faces a maximum sentence of five years in prison for each count relating to his failure to file an FBAR. He also faces a maximum sentence of three years in prison for each of the counts related to filing false tax documents.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

The case was investigated by special agents of IRS-Criminal Investigation. Trial Attorneys Sean Beaty and Alexander Effendi of the Tax Division are prosecuting this case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.




Comment

(8/28/2019 @Daisy-CPA)

如果CPA自己的税出错,或者没有报税,应该会马上取消报税资格,已经CPA执照也会被吊销。这位CPA在美国境外拥有一个公司,但是他自己没有申报海外收入。



Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, June 21, 2019

Virginia Tax Lobbyist Pleads Guilty to Filing a False Tax Return

Intentionally Underreported Over $2.2 Million in Income

An Alexandria, Virginia, tax lobbyist pleaded guilty today to willfully filing a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia.

According to court documents, attorney James F. Miller, 67, underreported his gross income on his 2010 through 2014 tax returns by approximately $2,215,587. Miller, a tax policy lobbyist and former employee of the Justice Department’s Tax Division, filed multiple false tax returns with the Internal Revenue Service (IRS). These returns omitted substantial portions of the partnership income he received from two law firms he worked at and the gross receipts of his own lobbying firm. The total tax loss resulting from Miller’s fraudulent conduct was approximately $735,933.

Sentencing is scheduled for Sept. 27, 2019. Miller faces a maximum sentence of three years in prison, a term of supervised release, and monetary penalties. In addition, Miller agreed to pay $735,933 restitution to the IRS.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Terwilliger thanked agents of IRS-Criminal Investigation, who conducted the investigation, and AUSA Ryan S. Faulconer and Trial Attorney Terri-Lei O’Malley of the Tax Division, who are prosecuting the case.

Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.






Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, March 27, 2019

Former Lobbyist Pleads Guilty to False Statements Charge

A former lobbyist pleaded guilty today to making a false statement to U.S. Postal Inspectors in connection with an ongoing federal investigation and proceedings concerning a five-year multi-million dollar high-yield investment fraud scheme, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.  

Christopher Petrella, 51, of Greer, South Carolina, pleaded guilty before U.S. Magistrate Judge David S. Cayer of the Western District of North Carolina to one count of making a false statement.  Sentencing, which has not yet been scheduled, will be before U.S. District Judge Robert J. Conrad of the Western District of North Carolina.

Petrella was indicted in October 2018 for one count of obstruction of justice. Under the plea agreement, the government will move to dismiss the indictment at sentencing.   



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As part of his guilty plea, Petrella admitted that, in an attempt to mislead federal law enforcement about his involvement in a high-yield investment scheme involving Niyato Industries Inc (Niyato), he knowingly and willfully made the false claim that he had filed a “quarterly report” with U.S. Congress pursuant to certain requirements applicable to federal lobbyists, such as himself.  The “quarterly report” purportedly disclosed to authorities that certain individuals had made false and misleading statements about Niyato’s business and operations on Niyato’s Twitter and Facebook pages. 

Ten individuals had been previously indicted by a Charlotte grand jury for their alleged roles in a high-yield investment scheme involving Niyato.  The charges in that case allege that the defendants raised money from investors by representing that Niyato manufactured electric and compressed natural gas automobiles when, in truth, the company had no facilities, no operations and no capability to manufacture anything.  Two defendants were recently found guilty of conspiracy to commit mail and wire fraud, mail fraud, wire fraud, and money laundering, following a three-week trial and are awaiting sentencing.  Four other defendants have pleaded guilty and are awaiting sentencing.  One additional defendant has pleaded guilty and received a sentence of 102 months in prison in connection with his role in the Niyato case and in an unrelated Costa Rican sweepstakes fraud.  Daniel Thomas Broyles, Sr., 61, of Beverly Hills, California, was also charged and remains a fugitive.  An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case was investigated by the U.S. Postal Inspection Service.  Trial Attorneys William Bowne and Christopher Fenton of the Criminal Division’s Fraud Section are prosecuting the case.







    
   
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Department of Justice
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FOR IMMEDIATE RELEASE
Wednesday, March 27, 2019

Multi-Agency Investigation Results in Charges Against 18 Members and Associates of Violent White Supremacist Gang

Charges Include Murder in Aid of Racketeering, Kidnapping, Assault and Firearms Offenses

Multiple members and associates of a white supremacist gang known as the 1488s, have been arrested and charged for their alleged roles in a racketeering enterprise involving narcotics distribution, firearms trafficking, and acts of violence including murder, assault, and kidnapping. 

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Bryan Schroder for the District of Alaska, Special Agent in Charge Jeffery Peterson of FBI’s Anchorage Division and Alaska State Troopers (AST) Captain David Hanson, Commander of Alaska Bureau of Investigation made the announcement.

In a recently unsealed indictment, Filthy Fuhrer, (formerly Timothy Lobdell), 42; Roy Naughton, aka “Thumper,” 40; Glen Baldwin, aka “Glen Dog,” 37; Craig King, aka “Oakie,” 53; Beau Cook, 32; and Colter O’Dell, 26, have each been charged with murder in aid of racketeering, kidnapping in aid of racketeering, assault in aid of racketeering, kidnapping, and conspiracy to commit assault and kidnapping in aid of racketeering.  Two other key members, Nicholas M. Kozorra, aka “Beast,” 29, and Dustin J. Clowers, 34, previously pleaded guilty to murder in aid of racketeering in recently unsealed court documents.


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“The defendants allegedly participated in the heinous murder of Michael Staton, with the goal of impressing their vile and racist gang,” said Assistant Attorney General Benczkowski.  “The Criminal Division is committed to bringing the 1488s to justice, and holding accountable those who further its agenda of violence and hatred.”

“The highest priority of the U.S. Attorney’s Office in the District of Alaska, which is consistent with the priorities of the Attorney General of the United States, is to stop violent crime,” said U.S. Attorney Schroder.  “We will focus on chronic violent offenders, including criminals who unify through racial hatred and commit violent crimes.”

“While the violent crimes these individuals are charged with are certainly serious in and of themselves, their affiliation in support of a white supremacy enterprise is of even greater concern,” said FBI Special Agent in Charge Peterson.  “This impactful case demonstrates law enforcement’s abilities to penetrate even the most secret organizations through cooperation at all levels and sharing a common goal.”



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“We are very proud of the meticulous work done by all of our trooper investigators and the investigators from our partnering agencies,” said AST Captain David Hanson, Commander of Alaska Bureau of Investigation. “This outcome was made possible through the effort and guidance provided by the U.S. Attorney’s Office and the Justice Department’s Organized Crime and Gang Section, which resulted in an array of federal indictments on numerous 1488 gang members.”

According to the indictment, the 1488s are a violent and “whites only” prison-based gang with approximately 50 to 100 members operating inside and outside of state prisons throughout Alaska and elsewhere.  The 1488s allegedly offered protection to white inmates if they joined the gang, and all members were required to “be white, look white and act white.”  Members allegedly often had tattoos incorporating Nazi-style symbols; however, the most coveted tattoo of 1488s members was the 1488s “patch” that could be worn only by “made” members who generally gained full membership by committing an act of violence on behalf of the gang.  

The indictment alleges that Filthy Fuhrer, Naughton, Baldwin, King, Cook, and O’Dell played a role in the August 2017 beating, kidnapping, and murder of Michael Staton, aka “Steak Knife.”   



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An additional 14 indictments have resulted from the investigation into the 1488 organization, members, and associates including:

  • Christopher Davidson, 35, sentenced to serve 90 months in prison for being a felon in possession of firearms;
  • Justin Eaton, aka Skulls, 44, charged with being a felon in possession of a firearm;
  • Justin Hoff, 30, pleaded guilty to being a felon in possession of a firearm;
  • Taylor Lack, 23, sentenced to serve six months in prison for being a felon in possession of a firearm;
  • Mica Messinger, 37, sentenced to serve 70 months in prison for being a felon in possession of a firearm;
  • Angie Minnick, 41, pleaded guilty to possession of stolen mail and for possession with intent to distribute controlled substances;
  • Alexander Netling, aka Bruiser, 25, sentenced to serve five years in prison for being a felon in possession of a firearm;
  • Michael Oman, 29, aka Donkey, pleaded guilty to being a felon in possession of a firearm;
  • Jason Rose, aka Honkey, 42, pleaded guilty to possession with intent to distribute controlled substances and for being a felon in possession of a firearm;
  • Shawn Schmidt, 33, sentenced to serve 30 months in prison for being a felon in possession of a firearm;
  • Charles Soper, aka Slim, 25, sentenced to serve 34 months in prison for being a felon in possession of a firearm;
  • Jeffrey Robinson, 37, sentenced to serve nine years in prison for drug conspiracy;
  • Roy Naughton, sentenced to serve 100 months in prison for carjacking;
  • Colter O’Dell, sentenced to serve 27 months in prison for being a felon in possession of a firearm.


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According to the indictment, as part of their operations, 1488s members and associates allegedly engaged in illegal activities under the protection of the enterprise, including narcotics trafficking, weapons trafficking, and other illegal activities to generate income.  The 1488s allegedly had a detailed and uniform organizational structure, which is outlined in written “rules” widely distributed to members throughout Alaska and elsewhere.  Members of the 1488s allegedly acted in different roles in order to further the goals of their organization, including “bosses” who had ultimate authority in all gang matters. “Key holders” were allegedly responsible for all gang matters within penal facilities where 1488s had a presence, and in “free world” Alaska (outside of prison). “Enforcers” were allegedly responsible for enforcing the rules and performing tasks as assigned by higher-ranking gang members.

The indictment further alleges the 1488 gang was established in approximately 2010 within the Alaska Department of Corrections and by Alaskan inmates incarcerated within the Colorado Department of Corrections and the Arizona Department of Corrections through interstate compact agreements. 

The FBI and AST Alaska Bureau of Investigation Special Crimes Investigation Unit and Technical Crimes Unit, the Statewide Drug Enforcement Unit (SDEU) Mat-Su Drug Unit, AST ‘B’ Detachment Major Crimes Unit and Criminal Suppression Unit, and AST’s participation in the Task Force Officer program led the investigation.  Investigative Assistance was provided by IRS Criminal Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Postal Inspection Service, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Anchorage Police Department (APD), the State of Alaska’s Department of Corrections and the Department of Justice’s Organized Crime and Gang Section (OCGS).  This case is being prosecuted by Assistant U.S. Attorneys William Taylor and James Klugman of the District of Alaska and Trial Attorney Marty Woelfle of OCGS. 

The charges in the indictments are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.








Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, March 27, 2019

Federal Court Shuts Down South Florida Tax Return Preparers

A federal court in Miami, Florida, entered a permanent injunction today barring Vilbrun Simon, Saintanise Agenord, Simon Accounting & Tax Services LLC, and Village Tax Multi Services from preparing federal income tax returns for others, the Justice Department announced.

In the complaint filed in this case, the government alleged that defendants filed federal tax returns that fabricated income, deductions, and credits in order to falsely inflate the refunds claimed on their customers’ returns. The government further alleged that defendants usually deducted their fee for preparing returns from the customer’s refund without the customer’s knowledge.

After a three-day bench trial, the court granted the United States’ request for a permanent injunction prohibiting defendants from engaging in certain activities related to preparing tax returns for others. The court also prohibited defendants from operating, managing, or participating in any business which prepares federal tax returns. The court’s order also requires defendants to post notification on any entry into any business they own or operate, directly or directly, that no tax return will be prepared at such location or by any of the defendants at any other location.

In an earlier order, the court barred defendant Wilcienne Pierre from preparing tax returns for others.

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website about selecting a return preparer and has launched a free directory of federal tax preparers.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.












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