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Tax Fraud Blotter: No Alternative

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Table disservice; down on the farm; a barebones job; and other highlights of recent tax cases.

Miami: Tax preparer Juan Mendieta has been sentenced to 57 months in prison after pleading guilty in October to one count of criminal conspiracy and four counts of aiding and assisting the preparation of false returns.

Beginning in 2019 and continuing through at least 2023, Mendieta conspired to prepare fraudulent returns for clients by using false business losses and expenses. These false items resulted in inflated federal refunds.

For multiple clients, he prepared two sets of returns. One set directed certain federal refunds to Mendieta’s clients; Mendieta provided this set to clients and told them he would file these returns with the IRS. Instead, he filed a second set of returns that directed even greater refunds to bank accounts that he and a conspirator controlled.

The IRS has identified at least 29 tax filings that fraudulently inflated refunds, which Mendieta filed on behalf of at least 13 clients. The IRS is entitled to more than $11 million in restitution.

Boston: Restaurateur John Drivas, of Hampton, New Hampshire, has been sentenced to a year and a day in prison, to be followed by a year of supervised release, for defrauding the IRS of federal employment taxes and the Massachusetts Department of Revenue of state meals taxes.

Drivas, who pleaded guilty in September, owned and operated three restaurants in Salem and Peabody, Massachusetts, and in Seabrook, New Hampshire. He was the sole shareholder of the Salem restaurant until he sold it to an employee in 2022, the 100% owner of the Peabody restaurant with his wife and the 52% owner of the Seabrook restaurant with his children.

From at least January 2017 to June 2022, Drivas paid under-the-table wages of $1,496,417 to multiple restaurant employees and did not report those wages to the IRS or pay employment taxes on them, causing more than $439,000 in employment tax losses.

He also collected the state and local meals taxes paid by restaurant customers, which he failed to pay over to the state: In Massachusetts, owners and operators of restaurants and bars are required to collect 6.25% sales taxes on meals. Salem and Peabody also require restaurants and bars to collect an additional 0.75% local option meals excise tax. Although Drivas collected the taxes from restaurant customers, he intentionally withheld $1,596,775 of those taxes from monthly reports and payments owed to Massachusetts.

Drivas was also ordered to pay restitution of $1,596,775 to the state and $439,341 to the IRS, in addition to a $20,000 fine. 

Los Angeles: Area resident Kevin J. Gregory has pleaded guilty to seeking more than $65 million by falsely claiming that his non-existent farming business was entitled to pandemic-related tax credits.

From November 2020 to April 2022, he made false claims to the IRS for the payment of nearly $65.4 million in tax refunds for a purported Beverly Hills-based farming-and-transportation company named Elijah USA Farm Holdings. The IRS issued a portion of the refunds Gregory claimed, and he used that portion — more than $2.7 million — for personal expenses.

Specifically, in January 2022 Gregory made a false claim to the IRS for the payment of a tax refund of $23,877,620, which he submitted as part of Elijah Farm’s quarterly federal return. He claimed that Elijah Farm employed 33 people, paid nearly $1.6 million in quarterly wages, had deposited nearly $18 million in federal taxes and was entitled to nearly $6.5 million in COVID-relief tax credits. In fact, Elijah Farm had no employees and paid wages to no one and had not made federal tax deposits in the amounts stated.

Sentencing is May 16. Gregory, who’s been in federal custody since May 2023, faces up to five years in prison.

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Jacksonville, Florida: Jose Molina-Herrera, of Honduras, has been sentenced to 27 months in prison for conspiracy to commit wire fraud and conspiracy to defraud the U.S. for the purpose of impeding the IRS.

Between 2019 and 2020, Molina-Herrera conspired to facilitate payment of construction workers off the books to avoid paying payroll taxes and premiums for workers’ compensation insurance. Construction contractors and subcontractors entered arrangements with the conspirators through which All National Remodeling, a shell company formed by Molina-Herrera, facilitated both the distribution of proof of insurance and the payment of workers with cash.

In exchange for 6% to 8% of the contractors’ and subcontractors’ payroll, Molina-Herrera and others caused the distribution of certificates of liability insurance in the name of All National, which contractors and subcontractors then used as nominal proof that workers were supposedly insured. In reality, All National Remodeling’s insurance policy was issued based on a fraudulent application that never disclosed that contractors and subcontractors would be employing workers who were ostensibly insured under the shell company’s barebones insurance policy. The insurance company was defrauded of more than $2.2 million.

Molina-Herrera and others also facilitated deposit of checks into the shell company’s bank accounts as well as the withdrawal of cash to be paid to workers, all without withholding, or paying over, payroll taxes to the IRS. Through these arrangements with the conspirators, the construction contractors and subcontractors could disclaim responsibility for withholding and paying payroll taxes to the IRS or ensuring that the workers were legally authorized to work in the United States. By facilitating payments to workers of more than $14 million without payroll taxes being withheld, Molina-Herrera and his co-conspirators caused the U.S. Treasury to lose more than $3.5 million in tax receipts.

Molina-Herrera, who pleaded guilty in November, was also ordered to forfeit $867,005, the proceeds of the wire fraud, and was ordered to pay $3,558,579.42 in restitution to the IRS. One co-conspirator, Oscar Molina-Avila, was previously sentenced to 52 months in prison for his role in the scheme.

Agate, Colorado: Businesswoman Shandel Arkadie has pleaded guilty to not paying employment taxes.

Arkadie operated Alternative Choice Home Care Nursing and was responsible for withholding Social Security, Medicare and income taxes from employees’ wages and paying those funds over to the IRS each quarter. She was also responsible for paying over Alternative’s portion of Social Security and Medicare taxes.

Between January 2015 and December 2020, the company withheld more than $1 million from employees’ wages but did not pay the funds over to the IRS or file the quarterly returns. The company also owed some $500,000 in Social Security and Medicare taxes that Arkadie did not pay.

In total, she caused a tax loss to the IRS of some $1.5 million.

Sentencing is May 15. She faces a maximum of five years in prison, a period of supervised release, restitution and monetary penalties. 

Cogan Station, Pennsylvania: Businessman James Michael Barr has been sentenced to time served plus two years of probation, including 10 months of home confinement, for failing to pay employment taxes owed by his construction company.

Barr pleaded guilty in July to failing to account for and pay over employment taxes owed by Barr Construction from 2017 through 2020. In addition to a normal paycheck from which taxes were withheld, Barr also paid his employees in cash and did not withhold federal taxes from the cash payroll or remit taxes to the IRS.

The sentence also imposed a $5,000 fine and required Barr to make $337,000 in restitution to the IRS, plus penalties.

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Accounting

IAASB tweaks standards on working with outside experts

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The International Auditing and Assurance Standards Board is proposing to tailor some of its standards to align with recent additions to the International Ethics Standards Board for Accountants’ International Code of Ethics for Professional Accountants when it comes to using the work of an external expert.

The proposed narrow-scope amendments involve minor changes to several IAASB standards:

  • ISA 620, Using the Work of an Auditor’s Expert;
  • ISRE 2400 (Revised), Engagements to Review Historical Financial Statements;
  • ISAE 3000 (Revised), Assurance Engagements Other than Audits or Reviews of Historical Financial Information;
  • ISRS 4400 (Revised), Agreed-upon Procedures Engagements.

The IAASB is asking for comments via a digital response template that can be found on the IAASB website by July 24, 2025.

In December 2023, the IESBA approved an exposure draft for proposed revisions to the IESBA’s Code of Ethics related to using the work of an external expert. The proposals included three new sections to the Code of Ethics, including provisions for professional accountants in public practice; professional accountants in business and sustainability assurance practitioners. The IESBA approved the provisions on using the work of an external expert at its December 2024 meeting, establishing an ethical framework to guide accountants and sustainability assurance practitioners in evaluating whether an external expert has the necessary competence, capabilities and objectivity to use their work, as well as provisions on applying the Ethics Code’s conceptual framework when using the work of an outside expert.  

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Tariffs will hit low-income Americans harder than richest, report says

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President Donald Trump’s tariffs would effectively cause a tax increase for low-income families that is more than three times higher than what wealthier Americans would pay, according to an analysis from the Institute on Taxation and Economic Policy.

The report from the progressive think tank outlined the outcomes for Americans of all backgrounds if the tariffs currently in effect remain in place next year. Those making $28,600 or less would have to spend 6.2% more of their income due to higher prices, while the richest Americans with income of at least $914,900 are expected to spend 1.7% more. Middle-income families making between $55,100 and $94,100 would pay 5% more of their earnings. 

Trump has imposed the steepest U.S. duties in more than a century, including a 145% tariff on many products from China, a 25% rate on most imports from Canada and Mexico, duties on some sectors such as steel and aluminum and a baseline 10% tariff on the rest of the country’s trading partners. He suspended higher, customized tariffs on most countries for 90 days.

Economists have warned that costs from tariff increases would ultimately be passed on to U.S. consumers. And while prices will rise for everyone, lower-income families are expected to lose a larger portion of their budgets because they tend to spend more of their earnings on goods, including food and other necessities, compared to wealthier individuals.

Food prices could rise by 2.6% in the short run due to tariffs, according to an estimate from the Yale Budget Lab. Among all goods impacted, consumers are expected to face the steepest price hikes for clothing at 64%, the report showed. 

The Yale Budget Lab projected that the tariffs would result in a loss of $4,700 a year on average for American households.

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At Schellman, AI reshapes a firm’s staffing needs

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Artificial intelligence is just getting started in the accounting world, but it is already helping firms like technology specialist Schellman do more things with fewer people, allowing the firm to scale back hiring and reduce headcount in certain areas through natural attrition. 

Schellman CEO Avani Desai said there have definitely been some shifts in headcount at the Top 100 Firm, though she stressed it was nothing dramatic, as it mostly reflects natural attrition combined with being more selective with hiring. She said the firm has already made an internal decision to not reduce headcount in force, as that just indicates they didn’t hire properly the first time. 

“It hasn’t been about reducing roles but evolving how we do work, so there wasn’t one specific date where we ‘started’ the reduction. It’s been more case by case. We’ve held back on refilling certain roles when we saw opportunities to streamline, especially with the use of new technologies like AI,” she said. 

One area where the firm has found such opportunities has been in the testing of certain cybersecurity controls, particularly within the SOC framework. The firm examined all the controls it tests on the service side and asked which ones require human judgment or deep expertise. The answer was a lot of them. But for the ones that don’t, AI algorithms have been able to significantly lighten the load. 

“[If] we don’t refill a role, it’s because the need actually has changed, or the process has improved so significantly [that] the workload is lighter or shared across the smarter system. So that’s what’s happening,” said Desai. 

Outside of client services like SOC control testing and reporting, the firm has found efficiencies in administrative functions as well as certain internal operational processes. On the latter point, Desai noted that Schellman’s engineers, including the chief information officer, have been using AI to help develop code, which means they’re not relying as much on outside expertise on the internal service delivery side of things. There are still people in the development process, but their roles are changing: They’re writing less code, and doing more reviewing of code before it gets pushed into production, saving time and creating efficiencies. 

“The best way for me to say this is, to us, this has been intentional. We paused hiring in a few areas where we saw overlaps, where technology was really working,” said Desai.

However, even in an age awash with AI, Schellman acknowledges there are certain jobs that need a human, at least for now. For example, the firm does assessments for the FedRAMP program, which is needed for cloud service providers to contract with certain government agencies. These assessments, even in the most stable of times, can be long and complex engagements, to say nothing of the less predictable nature of the current government. As such, it does not make as much sense to reduce human staff in this area. 

“The way it is right now for us to do FedRAMP engagements, it’s a very manual process. There’s a lot of back and forth between us and a third party, the government, and we don’t see a lot of overall application or technology help… We’re in the federal space and you can imagine, [with] what’s going on right now, there’s a big changing market condition for clients and their pricing pressure,” said Desai. 

As Schellman reduces staff levels in some places, it is increasing them in others. Desai said the firm is actively hiring in certain areas. In particular, it’s adding staff in technical cybersecurity (e.g., penetration testers), the aforementioned FedRAMP engagements, AI assessment (in line with recently becoming an ISO 42001 certification body) and in some client-facing roles like marketing and sales. 

“So, to me, this isn’t about doing more with less … It’s about doing more of the right things with the right people,” said Desai. 

While these moves have resulted in savings, she said that was never really the point, so whatever the firm has saved from staffing efficiencies it has reinvested in its tech stack to build its service line further. When asked for an example, she said the firm would like to focus more on penetration testing by building a SaaS tool for it. While Schellman has a proof of concept developed, she noted it would take a lot of money and time to deploy a full solution — both of which the firm now has more of because of its efficiency moves. 

“What is the ‘why’ behind these decisions? The ‘why’ for us isn’t what I think you traditionally see, which is ‘We need to get profitability high. We need to have less people do more things.’ That’s not what it is like,” said Desai. “I want to be able to focus on quality. And the only way I think I can focus on quality is if my people are not focusing on things that don’t matter … I feel like I’m in a much better place because the smart people that I’ve hired are working on the riskiest and most complicated things.”

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