Articles Posted in Fraud, Embezzlement & White Collar Crimes

On Monday, September 15, a press release was issued by U.S. Attorney Barbara L. McQuade in reference to two Detroit residents who have pleaded guilty to defrauding the Internal Revenue Service by using the identities of individuals who are deceased.

According to the press release, Adreann Turnage and Brenda Knight, both of Detroit, pleaded guilty to aiding and abetting in the use of false identification, and wire fraud. Special agents of the IRS Criminal Investigation unit conducted the investigation, including Acting Special Agent in Charge Jarod Koopman.

The two women, along with Knight’s husband Willie Watkins and others, devised a scheme using the social security numbers and names of people who had recently died to collect tax refunds. In 2010, those involved in the scheme filed hundreds of fraudulent tax returns which resulted in more than $1 million in refunds. In filling out the tax returns, those involved used the Making America Work Credit, Earned Income Credit, and Education Credits in order to get refunds which were then deposited into bank accounts that were set up solely for receiving the tax refunds. Watkins, Knight’s husband, had control over many of the bank accounts. Some of the tax returns were filed electronically via an account on the Internet set up in Turnage’s name. The group used public Internet access to electronically transmit many of the returns from coffee shops and hotels.

Knight and Turnage may face substantial prison time along with thousands of dollars in fines for their participation in the fraudulent tax scheme. Using false identification for the purpose of committing a violation of federal law will result in prison time of up to 15 years and/or fines of up to $250,000 for those found guilty. A maximum of 20 years in prison, a $250,000 fine, or both may be handed down by the court for wire fraud.

Jarod Koopman warned that the investigation of identity theft is a top priority of the IRS – Criminal Investigation unit. In addition, McQuade urged family members to practice vigilance in protecting the private information (including taxpayer information) of deceased loved ones.

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Recently, United States Attorney Barbara McQuade and IRS Criminal Investigation Acting Special Agent in Charge Jarod Koopman announced in a press release that Lamarjoire Pharr, a former Clinton Township resident, was sentenced to 37 months in prison for filing fraudulent federal income tax returns. According to the press release, Pharr was also ordered to pay $962,952 in restitution to the Internal Revenue Service.

Pharr, a musician and music producer, is alleged to have used the nearly one million dollars he received in refunds to further his career, and on such expenses as casinos, hotels, adult entertainment, bars, and department store purchases. For more than 2 1/2 years beginning in September of 2009, Pharr prepared and electronically filed more than 360 tax returns using the information of individuals who were for the most part deceased. Pharr obtained information on these individuals at a well-known website, Ancestry.com. The individuals who were still living, as well as survivors and estates of those who were deceased had no knowledge of Pharr stealing their information. Atlanta, Detroit, and Miami Beach were just a few of the locations Pharr filed the fraudulent income tax returns from.

U.S. Attorney McQuade wanted to warn the public about the fact that criminals troll death notices and websites in an effort to locate potential victims, who are often times deceased. People should not only make a concerted effort to keep their own taxpayer information safe, but that of their loved ones as well.

When criminals file fraudulent income tax returns, essentially it is the American taxpayers who pay for it. Jarod Koopman warned that the IRS – Criminal Investigation is and will continue to be vigorous in their pursuit of individuals who may be committing identity theft and tax fraud.

Once released from prison, Pharr will be under supervised release for three years.

Michigan criminal defense attorneys understand the seriousness of crimes involving identity theft and tax fraud. While these “white collar crimes” typically do not involve violence or physical injury to others, they do result in financial injury to others, and are punished harshly.

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On August 19, 29-year-old Gerald L. Hawk, Jr. was sentenced to serve 18 months in federal prison followed by two years of supervised release for his role in preparing fraudulent tax returns. Mr. Hawk was also ordered to pay restitution of the more than $72,000 he received in fraudulent refunds, according to a press release issued by the Internal Revenue Service – Criminal Investigation Detroit Field Office on August 27.

Hawk, a Detroit tax preparer, pleaded guilty to preparing false income tax returns in 2009 and claiming the 2008 FTHBC (First Time Homebuyer Credit) in these returns. The FTHBC allowed individuals to receive a tax refund of $8,000 for purchasing a home during 2008. Essentially, Hawk brought in new clients to his tax preparation business by promising an $8,000 tax refund for purchasing a home. Overall, approximately 21 fraudulent tax returns claiming more than $147,000 in refunds using the FTHBC credit were prepared either by Hawk, or with his assistance. Hawk knew that the clients he obtained through his scheme did not purchase a home in 2008, and did not intend to purchase a home with the $8,000 refund.

Jarod Koopman, Acting Special Agent in Charge, said in the press release that the majority of tax preparers provide excellent service to clients, however there are those who attempt to defraud the government by filing false or fraudulent returns. Essentially, when fraudulent refunds are issued by the IRS, it costs American taxpayers.

Tax fraud is a serious criminal offense, whether an individual underreports income, takes credits or exemptions he or she is not entitled to take, or purposely does not file in order to attempt to cover up money laundering schemes. The Internal Revenue Service is an entity you want to avoid having issues with when at all possible. If charged with tax fraud, the criminal penalties are severe for those found guilty.

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On August 15, U.S Attorney Barbara L. McQuade announced that Janey Golani, a 54-year-old former Crestwood school board member, pleaded guilty to willfully filing false tax returns. Golani is a former education trustee of the board, and was employed by Hind Oram as office manager of several companies, including International Outdoor Advertising. She pleaded guilty before Judge Stephen J. Murphy, III in U.S. District Court on August 14.

Golani embezzled money from Hind Oram beginning in 2006 and continuing through 2009, however she intentionally did not report the embezzled income on the federal tax returns she filed.

Jarod Koopman, IRS criminal investigation agent out of the Detroit Field Office, said that income that is gained illegally is subject to income tax, a fact made very clear in the Internal Revenue Tax Code. Even income that is embezzled is subject to federal income tax.

In 2008, Golani understated her income by more than $234,000. Over the four-year time span from 2006 through 2009, Golani did not report the embezzled funds on her federal income tax returns. According to McQuade, this resulted in a tax loss in excess of $225,000.

The IRS – Criminal Investigation division investigated Golani’s case; she is scheduled to be sentenced before Judge Murphy on January 9, 2015.

Many people who embezzle money from their employers are understandably afraid to report that money on their federal income tax returns, not only out of fear of being caught, but in order to avoid paying additional tax. Regardless of whether income is obtained in an illegal manner, it is still subject to income tax.

Janey Golani has been charged with embezzling from her employer and filing false tax returns, both which are serious charges. Although she did plead guilty, the criminal penalties for these types of white collar crimes are harsh.

In Michigan, the crime of embezzlement of money or property valued at more than $100,000 is a felony. Individuals who are found guilty may be sentenced to a maximum of 20 years in prison, and fined up to $50,000 or three times the value of the money/property, whichever is greater. In many cases, individuals who plead guilty and avoid going to trial may receive a sentence that is less harsh. Filing fraudulent tax returns is a serious matter as well which will result in prison time and fines. We will learn of Golani’s fate when she is sentenced in January.

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On August 13, United States Attorney Barbara L. McQuade announced that Monique Gray, owner and operator of MO Tax Services in Detroit, had been sentenced to 30 days in prison for filing a false federal income tax return. Gray also owns a trucking company, U&M XSpress, Inc.

Gray pleaded guilty to the charge, which was in connection with under-reporting of gross receipts for the tax year 2008. According to court documents, Gray’s tax business and trucking firm generated substantial income during 2008. Businesses are required under the law to correctly report their gross receipts for a given year, however Gray did not report all of the gross receipts. In fact, Gray’s Form 1040 for 2008 indicated gross receipts of $5,458 on a Schedule C Profit or Loss from Business, when the business actually had receipts of $44,982. She also had gross receipts of more than $122,000 from her trucking company, although she reported only $6,000.

Ultimately, Gray knew when she signed the 2008 Individual Tax Return 1040 form that the information she had provided was false.

In addition to spending 30 days in prison, Gray is required to pay restitution of $102,899 as ordered by U.S. District Judge Paul D. Borman.

Acting Special Agent in Charge Jarod Koopman of the IRS – Criminal Investigation unit said in a release that Gray’s actions were an affront to other business owners and taxpayers who are honest in filing their federal income taxes. He also said that her attempt undermines the tax system, and that the IRS – Criminal Investigation will continue the aggressive pursuit of others who believe they can commit tax fraud and get away with it.

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In July of 2013, seven individuals were indicted for the roles they played in a Detroit mortgage fraud operation. Those who were indicted by a federal grand jury in the Eastern District Court of Michigan included Peter Allen, Suhail Hallak, Al Karana, Wasseem Shamoun, Joey Murad, Jeffrey Najor, and Jason Najor. The defendants were alleged to have used fraudulent information for the purpose of obtaining mortgage loans from banks and lending institutions beginning in January of 2006, and continuing until December of 2008.

It was announced by the Department of Justice on August 12, 2014 that Wasseem Shamoun has pleaded guilty to conspiracy to commit bank fraud. Shamoun pleaded guilty in the U.S. District Court for the Eastern District of Michigan. According to the July 2013 indictment, the scheme resulted in area banks and financial institutions paying out fraudulent mortgage loan funds that totaled approximately $10 million.

Five of the seven defendants were charged with 20 counts of bank fraud each, including Shamoun. Several agencies assisted in the investigation including the DEA (Drug Enforcement Administration), the IRS – Criminal Investigation, and the FBI. According to the release issued by the Department of Justice, Shamoun was personally responsible for a loss of approximately $394,000 to local financial institutions.

Shamoun and his co-defendants are said to have devised a scheme in which property was purchased in amounts ranging from $5,000 to $40,000 per home. The defendants then recruited straw buyers who would be paid a fee to submit fraudulent home mortgage loan applications. The prices paid to the defendants by straw buyers for single family homes ranged from $90,000 to $120,000 per home, with the defendants paying themselves $10,000 to $50,000 commissions.

Shamoun is scheduled to be sentenced on December 2, and faces a $1 million fine and statutory maximum prison term of 30 years for his role in the conspiracy. Continue reading

35-year-old Tiffiny Coleman of Detroit recently pleaded guilty to conspiracy to present false claims to a U.S. agency according to news reports at Mlive.com. Coleman, a tax preparer, allegedly included fake W-2 forms with the federal filings of taxpayers who were oblivious to her actions, including Henry Ford Health System, two Detroit casinos, and the Detroit Medical Center. Coleman is accused of adding fake forms to about 100 returns in 2010.

In all, Coleman filed W-2 forms that claimed more than $650,000 in tax returns. Coleman pleaded guilty of taking the proceeds from the inflated returns she filed, some for businesses that did not even exist during the year for which she was filing, 2009. The IRS claims that Coleman was paid over $480,000 which was deposited into accounts at four different banks she controlled.

In exchange for her guilty plea, Coleman will face a maximum sentence of up to two years and six months in prison. She will also be fined up to $250,000, and pay restitution. Coleman is scheduled to be sentenced on October 7.

Tax fraud is a serious crime; any time an individual is dealing with the IRS, creating fake documents will leave the accused facing serious criminal penalties if found guilty. While it is intimidating for most people to be accused of any wrongdoing by the IRS, and even frightening, it is important to have a capable and aggressive Michigan criminal defense attorney on your side.

The most common tax crime is tax evasion, whereby an individual avoids paying taxes he or she owes. However, there are crimes, most of them felonies, which involve submitting false information or fake documents, such as in the case above. Those who are found guilty will face prison time of up to six years, substantial fines, even seizure of property or asset forfeiture in some cases.

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The Memorial Day holiday will be observed this year on May 26, which means many people will have the day off and enjoy a long weekend. While Memorial Day is a day to pay respect to those individuals who have worked to serve and protect our country, many people take the opportunity to go camping, enjoy a cook-out with friends and family, and participate in other fun activities. At Grabel & Associates, we want you to enjoy the weekend – but not to the point of getting arrested for DUI.

Beginning May 22 and going through June 4, Michigan’s ‘Buckle Up or Pay Up’ campaign will be in force. Our state’s version of Click It or Ticket, Michigan State Police will set up zones and check to ensure motorists are wearing seat belts and children are in booster or car seats. This is also the perfect opportunity for law enforcement to catch those who are driving under the influence, which many do on this holiday. Drunk driving enforcement will be increased in 40 counties across Michigan over the next two weeks including Eaton, Ingham, and Wayne Counties. Why risk it? The odds will increase substantially that if you drive after consuming alcohol, you will be caught. Continue reading

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