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Tax Fraud Blotter: State of crisis

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Tax Fraud Blotter: State of crisis

Fictitious relatives; countless meals; the road to Morocco; and other highlights of recent tax cases.

Kennedale, Texas: Tax preparer Anthony “Tony” Floyd, 51, who previously pleaded guilty to a $2.6 million tax fraud, has been sentenced to 77 months in prison.

He filed some 400 fraudulent returns that included false information designed to inflate refunds. He recruited victim “clients” outside big box stores and through other clients obtained victims’ personal information, such as income and deduction information, via text or cell phone conversations, rarely meeting clients in person. Floyd submitted the returns without reviewing them with the taxpayer and then diverted all or most of the refund to his own account.

The tax filings included falsified W-2s for individuals purportedly working in catering, lawn care, event planning, interior décor and other professions and included nonexistent charitable deductions, non-existent college attendance and fictitious relatives. The tax loss to the U.S. exceeded $2.6 million.

Floyd was also ordered to pay more than $1.9 million in restitution.  

Philadelphia: Abdur Rahim Islam, former CEO of Universal Community Homes and Universal Education Companies, has been sentenced to 84 months in prison, to be followed by three years of supervised release, for his convictions on 18 fraud, corruption and tax charges.

Islam was convicted on charges that he stole more than half a million dollars from the two charities that were established to develop affordable housing and manage charter schools in Philadelphia. The jury also convicted Islam on charges that he bribed the president of the Milwaukee public schools board of directors and cheated on six years of personal income taxes.

The jury also convicted Islam and his co-defendant, former Universal CFO Shahied Dawan, of conspiring to defraud the federal government by impeding, impairing, obstructing and defeating functions of the IRS.

Islam and Dawan used their positions at Universal to pay themselves unauthorized bonuses and to pay Islam “expense reimbursement” checks, which included payments for such purely personal expenses as trips to Caribbean resorts, family vacations, travel upgrades, Broadway shows, personal gym memberships, cellphone bills, and countless meals at restaurants with friends and family members.

Islam and Dawan hid these illegal payments from the IRS, which enabled Islam to cheat on six years of personal income taxes. Islam also bribed Dr. Michael Bonds, the former president of the Milwaukee public schools board of directors, in return for political favors. Bonds has since pleaded guilty to the bribery scheme and awaits sentencing.

Dawan has been sentenced to 18 months in prison, a year of supervised release and a $15,000 fine; he must also pay $196,952 in restitution to the IRS.

Islam has also been ordered to forfeit $609,651.31 and pay restitution to Universal of $609,651.31 plus attorneys’ fees; he must also pay $309,581.66 in restitution to the IRS and a special assessment of $1,800.

Bedford, New Hampshire: Andrew Park, 49, of Bedford, co-founder and CEO of a startup technology company, has pleaded guilty to failing to pay more than $14 million in employment taxes and for not filing personal returns.

Park was responsible for the company’s financial matters, including quarterly employment returns and collecting and paying over Social Security, Medicare and income taxes withheld from the employees’ wages to the IRS, as well as the Social Security and Medicare taxes the company owed. He was also responsible for collecting and paying over state and local employment taxes.

From the company’s founding in 2014 through the third quarter of 2021, Park withheld these taxes from employees’ wages but did not pay them over, nor did he pay over the portion of the employment taxes that the company owed. A payroll service company that he hired notified him that the taxes were due and in more than one instance was notified by an employee that the amount paid to Social Security listed on her W-2 did not match what was reported by the Social Security Administration.

From 2013 through 2020, Park also did not file individual returns despite paying himself a salary of some $250,000 each year.  

In total, Park caused a tax loss to the IRS exceeding $14 million, as well as additional losses to state and local taxing authorities.

Sentencing is Nov. 14. He faces a maximum of five years in prison for willful failure to account for and pay over payroll taxes and a year in prison for the willful failure to file a return. He also faces additional penalties including supervised release and fines, as well as the payment of restitution to the IRS and other tax authorities. 

Hands-in-jail-Blotter

Hendersonville, Tennessee: Resident Scotty Thomas Lumley has been sentenced to 47 months in prison and ordered to pay $1,198,833.62 in restitution in connection with financial and tax crimes.

Lumley pleaded guilty to federal wire fraud and money laundering charges in 2015. The more recent charges are based on additional federal crimes that he committed between 2015 and 2021.

Beginning shortly after he was sentenced in 2015, Lumley kept taxes he withheld from his employees’ paychecks rather than paying those funds over to the IRS. In 2017, to avoid a tax debt, Lumley told the IRS that the only vehicle he owned was a GMC 3500 with a negative value; in fact he owned a 2012 Ferrari that he sold the following year for $187,000.

In 2017 and 2018, Lumley obtained a series of loans in connection with commercial real estate-related businesses he owned. His loan documents falsely claimed his personal net worth exceeded $30 million, including cash of some $630,000. Lumley also did not disclose that he had an outstanding tax liability of more than $119,000.

He tricked lenders into providing more than $3.5 million in loans and later provided one bank with additional false personal financial statements purporting to show that his net worth had risen to more than $42 million.

In November 2020, after becoming aware of a federal investigation, he flew to Morocco and did not return until extradited in February 2023. While in Morocco, Lumley also used a fabricated purchase order to defraud a Utah company of more than $500,000.

Bartlesville, Oklahoma: Nonprofit exec Deanna Rachel Long has been sentenced to a year and a day in prison for bank fraud and tax evasion.

In 2012, the Family Crisis and Counseling Center in Bartlesville hired Long as a manager and entrusted her with accounting and finance functions, including recordkeeping.

Within two years of being hired, she began embezzling to fund personal expenses and fuel her gambling addiction. Long embezzled more than $278,000. She also failed to report the illegal income and failed to file federal returns for 2014 through 2022. After leaving FCCC, Long filed false tax forms with her new employer, claiming exemptions to which she was not entitled. Long has been arrested many times for bogus checks and has pleaded guilty.

She was also ordered to serve three years of supervised release and to pay $278,257.54 in restitution to FCCC and $96,622 to the IRS.

Pensacola, Florida: Wesner Jean-Pierre, 33, of Orlando, Florida, owner of the tax prep business WJP Financial Services, has been sentenced to 26 months in prison after previously pleading guilty to charges of preparing false returns.

Between 2015 and 2019, Jean-Pierre prepared and filed some 1,949 false federal returns for clients. He falsely represented the taxpayers’ income, deductions, credits and the refund due.

His prison time will be followed by a year of supervised release, and he was ordered to pay $830,840 in restitution to the IRS.

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Acting IRS commissioner reportedly replaced

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Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

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Accounting

On the move: EY names San Antonio office MP

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Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

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Accounting

Tech news: Certinia announces spring release

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Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

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