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Another Less than Subtle Reminder from the Federal Government Not to Cheat on Your Income Taxes

April 15, 2013 By: Cal Skinner Category: Income Tax, Income Tax Evasion, Jennie Levin, Julie Porter, Matthew Burke, Ovidiu Isac, Romania

A press release from the U.S. Attorney’s Office:

CHICAGO LEADER OF ROMANIAN-BASED CONSPIRACY THAT OBTAINED $1.6 MILLION IN FALSE TAX REFUNDS SENTENCED TO 85 MONTHS IN PRISON

CHICAGO — The leader in Chicago of a Romanian-based international conspiracy to fraudulently obtain millions of U.S. tax dollars was sentenced to just over seven years in federal prison.

The defendant, OVIDIU ISAC, oversaw and directed nearly two dozen co-defendants in the United States who used their bank accounts to receive fraudulent federal income tax refunds after overseas co-conspirators filed hundreds of false tax returns claiming refunds in the names of Romanian citizens who had visited the United States on exchange student visas.

At least 470 false tax returns, typically claiming refunds between $4,000 and $7,000, were filed and resulted in a loss of more than $1.6 million to the U.S. Treasury during the conspiracy that spanned three tax years between 2007 and 2009.

The returns were filed in the names and social security numbers of individuals who had previously traveled to the United States on temporary student visas and had filed tax returns in the past, but who were likely no longer living in the U.S. nor filing a real return in their own name.

Isac led and organized the co-conspirators in Chicago and controlled the flow of money to his co-conspirators in Romania.

On one occasion, Isac led a group of co-conspirators in physically attacking a group of individuals who were associated with someone who refused to pay Isac his cut of the proceeds.

Isac, 31, a Romanian citizen who lived in Skokie, was sentenced on Friday to 85 months in prison and ordered to pay restitution totaling $1,641,209 by U.S. District Judge Charles Norgle.

Isac pleaded guilty in January to conspiracy to defraud the United States and theft of government funds.

He will be subject to deportation after completing his sentence.

Isac was arrested in April 2010 and was among 24 defendants who were indicted in July that year for their roles in the conspiracy. Nineteen of the defendants have been convicted and sentenced, while five remaining co-defendants are fugitives.

Evidence in two companion cases showed that the fraudulent returns typically claimed large deductions for moving expenses, and the fraud was concealed by electronically submitting false wage and tax statements.

The returns were filed in the names of real individuals and employers who likely were unaware that their identities and information were being misused.

At least 200 bank accounts in the names of more than 75 individuals were used to receive and obtain the tax refund money triggered by the fraudulent returns.

Gary Shapiro

Gary Shapiro

The sentence was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois; Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; James C. Lee, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division; and Gary Hartwig, Special Agent-in-Charge of Homeland Security Investigations (HSI) in Chicago.

The government was represented by Assistant U.S. Attorneys Matthew Burke, Jennie Levin and Julie Porter.

Feds “File Your Income Tax Form or Else” Examples Include McHenry Woman

April 06, 2013 By: Cal Skinner Category: Income Tax, Income Tax Evasion, McHenry, Towanda Viramontes

From a press release issued by the U.S. Attorney’s Office:

FEDERAL TAX PROSECUTIONS SERVE AS REMINDER TO TAXPAYERS TO COMPLY WITH TAX OBLIGATIONS AS APRIL 15 DEADLINE APPROACHES

CHICAGO – Three tax return preparers, a salesman, and the owner of a psychic reading business are among seven Chicago and suburban defendants who are facing federal prosecution in separate cases for alleged federal income tax crimes. These cases, along with others recently charged, are typical of federal tax prosecutions that occur throughout the year, but they also serve as a reminder to taxpayers of the importance of voluntary compliance with their tax obligations as the April 15 filing deadline approaches, federal law enforcement officials announced today.

“The IRS Criminal Investigation Division is committed to ensuring that all taxpayers pay their fair share,” said James C. Lee, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. “We are aggressively serving the American people by investigating criminal violations of the Internal Revenue Code. Tax fraud does not know a season – IRS special agents pursue criminals year round, not only at tax time. Taxpayers who might be thinking about cheating with this month’s filing deadline looming should think twice or they will risk the consequences.”

Gary Shapiro

Gary Shapiro

Gary S. Shapiro, United States Attorney for the Northern District of Illinois, noted that in addition to criminal penalties, including incarceration, fines, and the costs of prosecution, convicted defendants remain responsible for any taxes and interest due, as well as civil penalties of up to 75 percent of the tax owed. Those making false claims against the government may be required to pay restitution or may be sued civilly for an amount greater than the fraudulent claims.

[One of those listed in the press release is from McHenry.  That information is seen below.]

TOWANA VIRAMONTES, 37, of McHenry, has pleaded not guilty after being indicted in January on 15 counts of making false claims for tax refunds in 2008 and 2009. Viramontes, who was the principal of a telemarketing business that operated under various names, including American Creative Solutions, Inc., Apple Leasing, Inc., and Leads 2 Guaranteed Loans, allegedly prepared false Forms W-2 that she provided to at least 15 individuals, some of whom worked for her business and some who did not.

The charges allege that Viramontes caused these individuals to file false claims for income tax refunds, typically a few thousand dollars each, using the false W-2s that she provided and then to pay her a substantial portion of the tax refunds they obtained. (AUSA Dylan Smith.)

Assisting in the preparation of false tax returns or filing a false tax return carries a maximum sentence of three years in prison and a $250,000 fine on each count. Making a false claim upon the United States carries a maximum sentence of five years in prison and a $250,000 fine. Failing to file an income tax return, a misdemeanor, carries a maximum sentence of a year in prison and $100,000 fine. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The public is reminded that criminal charges are not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Chicago & Miami Hotel to Condo Developer Indicted on Income Tax Evasion

March 25, 2013 By: Cal Skinner Category: Barry Jonas, David Falor, Income Tax, Income Tax Evasion, Ryan Hedges

A press release from the U.S. Attorney’s Office:

FORMER CONDO-HOTEL DEVELOPER ARRAIGNED AFTER BEING EXTRADITED FROM ITALY ON FEDERAL TAX EVASION CHARGE

CHICAGO — A former real estate developer who attempted to convert hotels in Chicago, Miami Beach, Fla., and elsewhere into condominium-hotels was arraigned today on federal tax evasion charges following his extradition from Italy.

The defendant, DAVID R. FALOR, who was a principal in The Falor Companies, Inc., was charged with

  • two counts of federal income tax evasion
  • one count of filing a false federal income tax return

in an indictment that was returned by a federal grand jury in December 2011 when Falor was living in Modena, Italy.

Falor, 73, formerly of Chicago and the Miami area, was returned to the United States on Friday after Italian courts ordered him extradited on one count of income tax evasion. He remains in federal custody after pleading not guilty this morning before U.S. District Judge Matthew Kennelly in Federal Court in Chicago.

According to the indictment, The Falor Companies, which ceased operating in 2006, attempted to convert hotels to condo-hotels by selling individual guest rooms to investors as separately titled condominium units, and renting them through a related hotel management company to other guests when the owner was not in residence, with the owner receiving a percentage of the rental fee.

The companies operated multiple condo-hotel ventures in the mid-2000s, including

  • the Blake Hotel, located at 500 S. Dearborn St., in Chicago
  • the Tides Hotel on Ocean Drive in Miami Beach

Falor was extradited on a tax evasion count alleging that he failed to pay income tax of approximately $341,093 on taxable income of approximately $1,048,802 during calendar year 2006.

During that year, Falor allegedly converted approximately $779,096 in payments that were recorded as loans from The Falor Companies, but which became taxable income when the companies went out of business and Falor used the funds for personal expenses. Falor allegedly failed to file a federal income tax return for 2006 or to pay any taxes.

The indictment also charged Falor with tax evasion and filing a false federal income tax return for 2005, but the government indicated in court today that those two counts will likely be dismissed at a later time because of the terms of Falor’s extradition.

In separate cases, Falor’s two sons also face federal tax charges in Chicago. Christopher Falor, a consultant to the condo-hotel projects, is awaiting sentencing after pleading guilty to mail fraud and tax counts, and Robert Falor, who was the chief operating officer of The Falor Companies, is in custody awaiting disposition of tax charges.

Gary Shapiro

Gary Shapiro

The developments were announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois; James C. Lee, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago; and Thomas P. Brady, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago.

The government is being represented by Assistant U.S. Attorneys Ryan S. Hedges and Barry Jonas.

Tax evasion carries a maximum penalty of five years in prison and a $250,000 fine. In addition, defendants convicted of tax offenses face mandatory costs of prosecution and remain civilly liable to the Government for any and all back taxes, as well as a civil fraud penalty of up to 75 percent of the underpayment plus interest. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Ex-Chicago Bear & Cook County Sheriff’s Deputy/Referee Indicted on Income Tax Charges

March 07, 2013 By: Cal Skinner Category: Chicago Bears, Chris Zorich, Income Tax, Income Tax Evasion, Stephen Pamon, William Hogan

It must be income tax preparation time, as one can see from this press release from the US. Attorney’s Office:

FORMER CHICAGO BEARS PLAYER AND COOK COUNTY SHERIFF’S DEPUTY CHARGED SEPARATELY WITH FAILING TO FILE FEDERAL TAX RETURNS

CHICAGO — A former Chicago Bears football player and a Cook County sheriff’s deputy who worked part-time as a collegiate and professional sports referee were charged separately today with misdemeanor federal offenses for allegedly failing to file federal income tax returns over a period of four years.

One defendant, CHRISTOPHER ZORICH, 43, of Chicago, who played for the Chicago Bears from 1991 through 1996 and for the Washington Redskins in 1997, was charged with four counts of failing to file federal income tax returns for calendar years 2006 through 2009 when he allegedly had gross income totaling more than $1 million.

Through his attorney, Zorich authorized the government to disclose that he is cooperating with the Internal Revenue Service and will plead guilty to the misdemeanor charges.

The other defendant, STEPHEN R. PAMON, 61, of Elk Grove Village, a Cook County sheriff’s deputy who officiated college basketball, football, and baseball games, as well as Arena Football League games, was also charged with four counts of failing to file federal income tax returns for calendar years 2006 through 2009 when he allegedly had gross income totaling nearly $325,000.

Charging documents were filed today against both defendants in U.S. District Court. They will be arraigned separately on dates still to be determined.

According to the charges against Zorich, he graduated from the University of Notre Dame in 1991 and from its law school in 2002. He was employed by a Chicago law firm from 2002 through 2006, and by the University of Notre Dame from 2008 through 2010.

In 1993, Zorich founded and served as the executive director of the not-for-profit Chris Zorich Foundation, which was established to help disadvantaged families in the Chicago area and provide scholarships for disadvantaged students to attend Notre Dame.

The Foundation paid Zorich rental income for the use of property of approximately $3,000 per month.

In 2004, the Foundation’s registration with the Illinois Attorney General’s Office was cancelled after the Foundation failed to submit an annual report for calendar year 2002, making the Foundation ineligible to solicit, receive, or hold funds in Illinois.

However, the Foundation continued to receive contributions and make rental payments to Zorich during the years 2006 through 2009, despite failing to file tax forms reporting the payments to Zorich during those four years.

The charges allege that during those years, Zorich received

  • deferred compensation from the Chicago Bears, as well as
  • rental income from the Foundation
  • income from
    • the law firm
    • Notre Dame
    • personal appearance fees

He allegedly received gross income of at least

  • $331,625 in 2006
  • $70,996 in 2007
  • $372,448 in 2008
  • $242,298 in 2009

but failed to file federal income tax returns for each of those years.

According to the charges against Pamon, in addition to working for the Cook County Sheriff’s Department, he worked for a private security company from 2005 through 2008, and from 1973 through at least 2010, he worked as a referee officiating collegiate games, including for the Big Ten Conference, and since 2000 as a referee in Arena Football League games.

The charges allege that Pamon received gross income of at least

  • $102,657 in 2006
  • $87,474 in 2007
  • $59,082 in 2008
  • $75,525 in 2009

but failed to file federal income tax returns for each of those years.

Gary Shapiro

Gary Shapiro

The charges were announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois, and James C. Lee, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago.

Failure to file a federal income tax return is a federal misdemeanor and carries a maximum penalty of one year in prison and a $100,000 fine on each count. In addition, a defendant convicted of tax offenses faces mandatory costs of prosecution and remains civilly liable to the government for any and all back taxes, as well as a potential civil fraud penalty of up to 75 percent of the underpayment plus interest. If convicted, the Court must determine a reasonable sentence to be imposed under federal statutes and the advisory United States Sentencing Guidelines.

The government is being represented in both cases by Assistant U.S. Attorney William Hogan.

The public is reminded that an information contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Massive Income Tax Fraud Nets over Nine Years in Prison

November 07, 2012 By: Cal Skinner Category: Andrew J. Watts, Income Tax, Income Tax Evasion, Patrick King

A press release from the U.S. Attorney’s Office:

BARBADOS MAN SENTENCED TO 9½ YEARS IN PRISON FOR USING STOLEN IDENTITIES TO FRAUDULENTLY OBTAIN TAX REFUNDS

CHICAGO — A Barbados national who lived in cities across the United States was sentenced today to 9½ years in federal prison for using stolen identities to file approximately 645 false federal income tax returns in the names of deceased individuals and seeking refunds totaling more than $120 million.

The defendant, Andrew J. Watts, was ordered to pay restitution of more than $1.6 million that he actually obtained and used from the scheme.

Watts, 35, whose last known residence was in Los Angeles, was sentenced to 7½ years for mail fraud, followed by a mandatory consecutive term of 2 years in prison for aggravated identity theft. U.S. District Judge Joan Gottschall, who imposed the sentence in Federal Court in Chicago, also ordered Watts to pay $1,676,399 in restitution and ordered forfeiture of the same amount.

Watts, a permanent resident alien who resided previously in Chicago, New York, and Beverly Hills, Calif., was arrested in April 2011 in Kansas City. He pleaded guilty in July 2012.

Gary Shapiro

The sentence was announced by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois; Kathryn Keneally, Assistant Attorney General, Department of Justice, Tax Division; Richard Weber, Chief of the Internal Revenue Service Criminal Investigation; and Thomas Jankowski, Acting Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago.

“IRS-Criminal Investigation has made investigating refund fraud and identity theft a top priority and we will vigorously pursue those who undermine the integrity of the U.S. tax system,” Mr. Weber said. “Individuals who commit refund fraud and identity theft of this magnitude deserve to be punished to the fullest extent of the law.”

Watts fraudulently obtained more than $19 million in tax refunds by filing hundreds of bogus tax returns claiming refunds between 2007 and 2011.

Watts prepared and submitted false federal tax returns using the names and social security numbers of actual taxpayers who were deceased and in the names of deceased individuals who were falsely represented to be alive at the time the returns were filed.

He then directed that the false tax refunds be mailed to addresses he controlled and electronically deposited into bank accounts under his control, including an address and a bank account in Chicago.

According to court documents, Watts used more than $1.6 million in tax refunds

  • to rent apartments in various cities,
  • to purchase luxury automobiles, jewelry, airline tickets between California and New York, as well as
  • for gambling and
  • to provide cash to his girlfriend.

Approximately $17 million that Watts obtained in fraudulent refunds was frozen in various accounts and recovered by the IRS.

The government is being represented by Assistant U.S. Attorney Patrick J. King, Jr., and Michelle M. Petersen, Trial Attorney in the Justice Department’s Tax Division.

Consumer Benefit Services Owners Charged with $22 Million Tax Evasion

September 25, 2012 By: Cal Skinner Category: Consumer Benefit Service, Income Tax Evasion, Kaarina Salovaara, Michael Martorano, William. Sefton

A press release from the U.S. Attorney’s Office:

TWO OWNERS OF NAPERVILLE BUSINESS CHARGED WITH FAILING TO REPORT A TOTAL OF MORE THAN $22 MILLION IN INCOME THEY SHARED

CHICAGO — Two owners and executives of a Naperville business that provided a variety of membership and consumer discount programs were each charged with wilfully under-reporting their income and failing to pay federal taxes on a total of more than $22 million that they diverted from the business and divided equally.

The defendants, Michael H. Martorano and William S. Sefton, each owned at least 47 percent of Consumer Benefit Service, Inc. & Sub (Cbsi) that provided services to businesses and associations worldwide.

Martorano, 65, of Sanibel, Fla., and formerly of Naperville, who was Cbsi’s president, and Sefton, 61, of Henderson, Nev., and formerly of the Chicago area, who was vice president/secretary of Cbsi, were each charged with three counts of filing false federal income tax returns in an information filed yesterday in U.S. District Court. They will be arraigned on dates still to be determined.

Gary Shapiro

The charges were announced today by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois, and Thomas Jankowski, Acting Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago.

According to the information, on a number of occasions between December 2005 and Dec. 31, 2009, Martorano and Sefton caused Cbsi to transfer a total of $21,656,706 into bank accounts in the name of a consulting firm they controlled.

Both defendants used some of this money to pay personal expenses and moved other amounts in approximately equal portions into other accounts they controlled individually.

As a result, they each obtained approximately $10,828,353, the charges allege.

In 2008, Martorano and Sefton equally divided an additional $641,975 that they caused Cbsi to transfer to a third party.

Neither defendant disclosed the receipt of any of this money to their individual tax return preparer.

Martorano allegedly under-reported his taxable income by a total of $8,974,360 between 2005 and 2008, while Sefton allegedly under-reported his taxable income by a total of $5,912,182 between 2005 and 2007. Both men failed to report $1.25 million in 2005; $1,274,858 in 2006; and $3,387,324 in 2007. Martorano failed to report an additional $3,062,178 in 2008.

The charges further allege that Martorano failed to file a tax return for 2009 during which he had income of $3,327,9892, and Sefton failed to file tax returns for 2008 and 2009, during which he had income of $4,542,347 and $3,327,892, respectively.

Each count of filing a false federal income tax return carries a maximum penalty of three years in prison and a $250,000 fine and restitution is mandatory. In addition, defendants convicted of tax offenses must pay the costs of prosecution and remain liable for any and all back taxes, as well as a civil fraud penalty of 75 percent of the underpayment plus interest. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The government is being represented by Assistant U.S. Attorney Kaarina Salovaara.

The public is reminded that an information contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Blagojevich/Jesse Jackson, Jr., Fundraiser Indicted for Bribes/Kickbacks to Physicians for Referrals to Surgery Centers Characterized as Ad Expenses

June 20, 2012 By: Cal Skinner Category: Andrianna Kastanek, Carrie Hamilton, Income Tax, Income Tax Evasion, Jesse Jackson Jr., Outpatient, Raghuveer Nayak, SurgiCenter

Four years after his 2008 interview, a physician was indicted for income tax evasion and mail fraud according to the following press release from the U.S. Attorney’s Office.

The Chicago Tribune explains his connection to our crooked former Governor Rod Blagojevich:

“Raghuveer Nayak, a former fundraiser for U.S. Jesse Jackson Jr.and Rod Blagojevich and a key figure in the U.S. Senate seat scandal, was arrested at his Oak Brook home this morning and charged with bribing doctors to send patients to his surgery centers.”

RAGHUVEER NAYAK, OWNER OF AREA SURGERY CENTERS, CHARGED WITH FRAUD AND TAX OFFENSES FOR ALLEGEDLY PAYING PHYSICIANS HUNDREDS OF THOUSANDS OF DOLLARS IN BRIBES FOR PATIENT REFERRALS

CHICAGO — The owner of multiple area outpatient surgery centers was arrested today on federal fraud and tax charges alleging that he paid bribes and kickbacks to physicians for patient referrals and filed false federal income tax returns that understated his income.

The defendant, Raghuveer Nayak, was charged in a 19-count indictment that was returned by a federal grand jury last week and unsealed today following his arrest, announced Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois; Robert D. Grant, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation; and Thomas Jankowski, Acting Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division.

Nayak, 57, of Oak Brook, is scheduled to appear at 11:00 a.m. today before Magistrate Judge Maria Valdez in U.S. District Court.

He was charged with 10 counts of mail fraud, five counts of interstate travel in aid of racketeering, and four counts of filing false income tax returns for the years 2005-08.

The indictment seeks forfeiture of at least $1.8 million in alleged fraud proceeds, or substitute assets, including

  • Nayak’s Oak Brook residence
  • the Rogers Park One Day Surgery Center, Inc., located at 7616 North Paulina St.
  • the Lakeshore Surgery Center LLC, located at 7200 North Western Ave.

In addition to those two facilities, Nayak owned and/or controlled the following health care-related businesses in Illinois and Indiana:

  • Lakeside Surgery Center LLC
  • Merillville Plaza Surgery Center LLC
  • Lincoln Park Open MRI
  • Delaware Place MRI LLC
  • Paulina Anesthesia, Inc.
  • Illiana Anesthesia
  • Western Touhy Anesthesia, Inc.
  • Division Medical Diagnostics, Inc.,

according to the indictment.

Nayak’s facilities did not accept patients covered public health insurance programs, such as Medicare and Medicaid, and instead accepted patients insured by private health insurers, such as Blue Cross Blue Shield, or patients who agreed to pay the entire fee themselves. Private insurers treated Nayak’s facilities as “out-of-network” when paying bills submitted for patient services.

Between 2000 and December 2010, Nayak allegedly defrauded patients by paying and arranging to pay bribes and kickbacks in the form of cash and other hidden payments to physicians who would refer their patients to Nayak’s facilities for medical treatment.

Nayak paid hundreds of thousands of dollars to different physicians in exchange for patient referrals, the charges allege, adding that the physicians deceived their patients by not disclosing that they were being paid for making referrals to Nayak’s facilities.

At times, the indictment alleges that Nayak paid bribes and kickbacks to physicians to begin referring patients, while at other times he did so to ensure that they continued to refer patients to his facilities.

He allegedly offered to pay physicians a set amount of money for each patient referral.

Nayak allegedly concealed and attempted to conceal the scheme by making payments in cash, disguising the payments as advertising, or by disguising the true purpose of the payments through fraudulent agreements and contracts, including contracts purporting to pay physicians for performing services that Nayak knew they had not provided.

Between 2002 and December 2008, Nayak allegedly obtained cash to pay bribes and kickbacks by giving Individual A more than $2 million in checks drawn on his facilities’ accounts and, in exchange, at Nayak’s direction, Individual A gave Nayak cash equaling approximately 70 percent of the value of the checks.

Nayak allegedly indicated to his tax preparer that the checks to Individual A were for advertising and should be treated as a business expense on tax returns for Nayak and his facilities.

After he was interviewed by law enforcement agents in December 2008, Nayak allegedly took additional steps to hide the scheme by executing fraudulent contracts and by warning physicians not to speak with agents about the payments.

The tax counts allege that Nayak caused the preparation of false individual federal income tax returns that understated his true income because he claimed that the checks to Individual A should be treated as advertising expenses when he knew they were not.

As a result, Nayak allegedly understated his gross income when he reported the following amounts:

  • $4,643,916 for 2005
  • $6,471,865 for 2006
  • $5,791,109 for 2007
  • $9,362,647 for 2008

Each count of mail fraud carries a maximum penalty of 20 years in prison and a maximum fine of $250,000, or an alternate fine totaling twice the loss or twice the gain, whichever is greater, as well as mandatory restitution. Interstate travel in aid of racketeering carries a maximum prison term of five years and a $250,000 fine on each count, and each count of filing a false income tax return carries a three-year maximum prison term and a $250,000 fine. In addition, defendants convicted of tax offenses must pay the costs of prosecution and remain liable for any and all back taxes, as well as a potential civil fraud penalty of 75 percent of the underpayment plus interest. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The government is being represented by Assistant U.S. Attorneys Carrie Hamilton and Andrianna Kastanek.

The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Tax Preparer Admits to 500 Preparing Returns Underestimating Tax Liabilities by $2.8 Million

June 14, 2012 By: Cal Skinner Category: Income Tax, Income Tax Evasion, IRS, Michael Singleton, Tax Preparer, Tony Iweagwu

A press release from the U.S. Attorney’s Office:

TAX PREPARER PLEADS GUILTY TO PREPARING MORE THAN 500 FALSE FEDERAL TAX RETURNS, CAUSING TAX LOSS OF MORE THAN $2.8 MILLION

CHICAGO — A tax preparer pleaded guilty to federal tax charges, admitting that he prepared more than 500 false federal income tax returns and caused the government to lose more than $2.8 million in tax revenue by failing to file income tax returns on behalf of his business,

  • filing false personal income tax returns, and
  • preparing a dozen false income tax returns for clients between 2006 and 2009,

federal law enforcement officials announced today.

The defendant, Michael Singleton, who operated ITA Services, located in Bellwood, Illinois, agreed to pay $2,854,800 in restitution to the Internal Revenue Service for taxes owed.

Singleton, 48, of Homewood, pleaded guilty yesterday in U.S. District Court to two counts of willfully aiding and assisting in the preparation and presentation of a false federal income tax return.

U.S. District Judge James Zagel set sentencing for August 22. Singleton faces a maximum penalty of three years in prison and a $250,000 fine on each count of filing or preparing a false tax return.

A written plea agreement contemplates an advisory federal sentencing guideline range of 46 to 57 months in prison.

In addition, Singleton must pay the costs of prosecution and he remains liable for any and all back taxes, as well as a potential civil fraud penalty of up to 75 percent of the underpayment plus interest.

As part of his guilty plea, Singleton also admitted that he prepared 547 additional false income tax returns for clients for the tax years 2004 through 2007, causing a tax loss of $2,854,800.

Singleton fraudulently overstated and misrepresented

  • the number of dependents, expenses and deductions on Form 1040, Schedule A;
  • business losses on Form 1040, Schedule C;
  • losses from rental real estate on Form 1040, Schedule E; and
  • educational and vocational expenses on Form 8863.

Through these misrepresentations and overstatements, Singleton

  • decreased his clients’ taxable income,
  • fraudulently reducing his clients’ tax liability and
  • improperly qualifying them for refunds.

The guilty plea was announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Thomas Jankowski, Acting Special Agent-in-Charge of the Chicago Office of the Internal Revenue Service Criminal Investigation Division.

The government is being represented by Assistant U.S. Attorney Tony Iweagwu.

Todd Stoger’s Top Supporter Indicted for Income Tax Evasion on Personal Use of Campaign and CountyMoney, Pension Boosting, Gambling Mentioned

February 23, 2012 By: Cal Skinner Category: Income Tax, Income Tax Evasion, William Beavers

A press release from the U.S. Attorney’s Office:

COOK COUNTY COMMISSIONER WILLIAM BEAVERS INDICTED ON FEDERAL TAX CHARGES FOR ALLEGEDLY FAILING TO PAY TAXES ON CAMPAIGN FUNDS AND COUNTY EXPENSE ACCOUNT USED FOR PERSONAL PURPOSES

CHICAGO — Cook County Commissioner William Beavers was indicted today on federal tax charges for allegedly obstructing the Internal Revenue Service and failing to report, and pay taxes on, all of his income.

Beavers allegedly concealed his under-reporting of income and underpayment of taxes on thousands of dollars that he converted to personal use from his campaign accounts – including more than $68,000 in personal gain on one occasion that was not reported – as well as from his county discretionary spending account.

Between 2006 and 2008, Beavers allegedly paid himself more than $225,000 from three separate campaign accounts and used at least a portion of those funds for personal purposes, including gambling.

In 2006, he used more than $68,000 from a campaign account to boost his city pension, and between 2006 and 2008, he used his $1,200 monthly county contingency account for personal purposes without reporting any of these funds as income on his federal tax returns, the indictment alleges.

Beavers, 77, of Chicago, was charged with

  • one count of corruptly endeavoring to obstruct and impede the IRS and
  • three counts of filing false federal income tax returns

Patrick Fitzgerald

in a four-count indictment that was returned today by a federal grand jury, announced Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois; Alvin Patton, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago; and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.

Beavers, who was elected to the Cook County Board of Commissioners, representing the 4th District, in November 2006 and began serving as a commissioner a month later, will be ordered to appear for arraignment on a date to be determined in U.S. District Court.

Previously, Beavers served as the 7th Ward alderman on Chicago’s City Council from 1983 until November 2006, when he was elected to the commissioner’s post.

“If politicians choose to use their campaign funds for personal use then they, like all the citizens they serve, share the obligation to honestly report their income and pay the correct amount of taxes,”

Mr. Fitzgerald said.

“The indictment alleges that over a course of three years, Commissioner Beavers repeatedly used his campaign accounts for personal use and then thwarted the Internal Revenue Service by causing his campaign committees to create false records to cover it up.”

Mr. Patton of the IRS said,

“When public officials raise money for political campaigns and use those funds for personal expenses, they must report it as income and pay taxes. A system of government, like ours, which depends on its citizens’ voluntarily compliance with tax laws, is undermined when elected officials shirk their tax responsibilities.”

According to the indictment, Beavers had sole authority over three campaign committees that supported his political activities – Citizens for Beavers, Friends of William Beavers, also known as Friends for William Beavers, and 7th Ward Democratic Organization.

As part of the corrupt endeavor to obstruct the IRS, Beavers allegedly converted campaign funds for his own personal use, provided false information to his campaign treasurers regarding the use of these funds, and understated his income and the taxes he owed in his individual income tax returns for 2006, 2007 and 2008.

During those three years, Beavers caused his campaign committees to issue checks payable to himself and to third parties on his behalf, and he allegedly used at least part of the proceeds for personal expenses, including an unspecified amount for gambling. The checks included approximately 100 payable to Beavers personally, totaling

  • about $96,000 in 2006,
  • $69,300 in 2007, and
  • $61,000 in 2008,

for a total of approximately $226,300.

As part of the corrupt endeavor, the indictment alleges that Beavers concealed his personal use of campaign funds by maintaining and causing campaign workers to maintain records that falsely reflected the uses of campaign checks payable to Beavers, including records used to prepare semi-annual Illinois campaign finance reports known as D-2s.

Beavers caused campaign workers to falsely record, on check stubs and other records, that certain campaign checks written to him and used for personal purposes were instead used for campaign expenses, the charges allege.

In some instances, Beavers allegedly attempted to conceal his use of campaign funds for personal use by telling campaign workers that checks payable to and cashed by him were for paying campaign-related expenses, even though those expenses were not incurred by the campaign committees until months after Beavers had converted the funds.

In other instances, Beavers withheld from his campaign staff any explanation of certain checks payable to him, or he caused workers to falsely record that certain checks were “void” or unused even though he had cashed them.

The indictment alleges that on Nov. 14, 2006, Beavers caused a check for $68,763.07 to be paid from Citizens for Beavers to the Municipal Employees’ Annuity and Benefit Fund of Chicago, a pension plan for certain City of Chicago employees including Aldermen, to increase his monthly pension from $2,890 to $6,541.

The check allegedly was for personal use and should have been, but was not, reported as income on his 2006 income tax return.

Beginning in December 2006 when he began serving as a county commissioner, through November 2008, Beavers received $1,200 a month from Cook County in the form of a Commissioner Contingency Account (CCA) check for discretionary use.

Any personal use of these funds was reportable as income, according to the indictment. Beavers allegedly used the total of $28,800 for personal purposes without reporting any of the funds as income on tax returns.

The three counts of filing false tax returns allege that Beavers failed to include unspecified gross income from his campaign committees and county account when he reported the following amounts of total income and taxable income on his federal returns for 2006 – 2008:

  • $208,561 total income and $98,453 taxable income for 2006;
  • $487,568 total and $204,228 taxable for 2007; and
  • $300,408 total and $171,507 taxable for 2008.

Each count of the indictment carries a maximum penalty of three years in prison and a $250,000 fine and restitution is mandatory. In addition, defendants convicted of tax offenses must pay the costs of prosecution and remain liable for any and all back taxes, as well as a civil fraud penalty of 75 percent of the underpayment plus interest. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The government is being represented by Assistant U.S. Attorneys Matthew Getter and Samuel B. Cole.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Hoffman Estates Couple Charged with Tax Evasion

February 17, 2012 By: Cal Skinner Category: Dean Loppnow, Income Tax, Income Tax Evasion, IRA, IRS, Lynn Loppnow, Renato Mariotti

A press release from the U.S. Attorney’s Office:

HOFFMAN ESTATES COUPLE INDICTED ON TAX CHARGES FOR ALLEGEDLY EVADING FEDERAL TAXES ON MORE THAN $1.6 MILLION OF INCOME

CHICAGO — A Hoffman Estates couple were indicted on federal tax charges for allegedly failing to pay taxes on income totaling more than $1.6 million, while at the same time they created a shell corporation to record a nonexistent mortgage on their home and filed a false bankruptcy petition in the wife’s name, federal law enforcement officials announced today.

Patrick Fitzgerald

The defendants, Lynn S. Loppnow and Dean R. Loppnow, were charged in an eight-count indictment returned yesterday by a federal grand jury, Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Alvin Patton, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago, announced today.

Lynn Loppnow, 61, and Dean Loppnow, 69, a former certified public accountant, were each charged with one count of conspiracy to defraud the United States by obstructing the IRS in the collection of taxes, one count of tax evasion, and three misdemeanor counts of failing to file a federal income tax return. They will be ordered to appear for arraignment at a later date in U.S. District Court.

According to the indictment, Dean Loppnow has worked in various positions, including district and regional sales coordinator, since 1994. Lynn Loppnow has worked as a sales associate for the same company since 1999.

[The company the husband worked for was Aflac Incorporated. The wife worked for Xerox.]

During calendar year 2002, Lynn Loppnow had gross income of approximately $137,409 but failed to file a federal tax return or to pay income taxes of approximately $33,970, the charges allege.

By 2005, Lynn Loppnow owed the IRS approximately $56,150 in taxes, interest and penalties for tax years 2002 and the IRS placed a levy on three bank accounts in their names, it adds.

Between 2003 and 2006, the couple allegedly created shell companies and used one of them to record a mortgage on their residence with the Cook County Recorder of Deeds in the amount of $500,000 payable in one installment in 2017.

During the same period, they each allegedly withdrew hundreds of thousands of dollars from their individual retirement accounts without having any federal taxes withheld and deposited the funds into various bank and brokerage accounts.

In December 2005, Lynn Loppnow filed a bankruptcy petition listing less than $50,000 in assets and more than $50,000 in debts, including the $56,150 IRS levy.

At the same time, Dean Loppnow told the IRS that his wife had entered bankruptcy and the IRS should release the levy on their bank accounts because they could not pay their bills, the indictment alleges.

Each spouse was charged with three counts of failing to file a federal income tax return for the calendar years 2004, 2005 and 2006.

The indictment alleges that Lynn Loppnow received gross income of approximately $39,845 in 2004, $266,207 in 2005, and $55,671 in 2006.

Dean Loppnow allegedly received gross income of $320,377 in 2004, $504,563 in 2005, and $218,769 in 2006.

Conspiracy to defraud the IRS and tax evasion each carry a maximum penalty of five years in prison and a $250,000 fine, while each count of failing to file a federal income tax return carries a maximum penalty of a year in prison and a $100,000 fine. Restitution is mandatory, and defendants convicted of tax offenses must pay the costs of prosecution and remain liable for any and all back taxes, as well as a civil fraud penalty of 75 percent of the underpayment plus interest. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The government is being represented by Assistant U.S. Attorney Renato Mariotti.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.