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‘Bitcoin Jesus’ lawyers say his tax case violates Constitution

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Roger Ver speaking at a Coingeek conference
Roger Ver

Anthony Kwan/Photographer: Anthony Kwan/Bloom

Lawyers for Roger Ver, the cryptocurrency advocate known as Bitcoin Jesus, urged a U.S. judge to dismiss his tax evasion indictment in their first court filing since his April arrest in Spain. 

U.S. prosecutors charged Ver, 45, with evading more than $48 million in taxes for selling $240 million in tokens and with filing a false “exit tax” return after he renounced his U.S. citizenship in 2014. The legal salvo came as Ver awaits a Spanish judge’s decision on whether he must be extradited to face the most prominent U.S. tax case dealing only with crypto assets. 

Ver’s lawyers argued Tuesday in Los Angeles federal court that the exit tax, applied by the Internal Revenue Service to U.S. citizens who expatriate with more than $2 million in assets, is unconstitutional and “impermissibly vague.” They said prosecutors improperly interrogated a Ver lawyer and ignored documents showing he had no intent to break the law. 

The exit tax improperly demands “millions of dollars from expatriates in taxation that would not apply to anyone else,” Ver’s lawyers wrote. 

Ver, a U.S. expatriate, awaits a Spanish judge’s decision over whether he will be extradited to America to face tax fraud charges. As he planned to expatriate, prosecutors allege, Ver hid the number and value of Bitcoin he owned and controlled personally and through his California-based companies, MemoryDealers and Agilestar. Ver worked with a law firm and appraisers on the exit tax, but gave them false information about his Bitcoin, and an exit tax return filed in 2016 failed to report the Bitcoin he owned personally while underreporting the value of his companies, prosecutors charge.

But Ver’s lawyers argued that prosecutors ignored evidence showing he had no intent to violate U.S. tax law. 

“I want to make sure that my exit tax payments are as clean as possible, with no room to have trouble from the IRS in the future,” Ver wrote in a 2013 email, according to the filing. 

The indictment also alleges Ver “fraudulently misrepresented and concealed” from the IRS the crypto that his companies sold in 2017 for about $240 million. But the filing claims Ver and his prior lawyers tried to figure out what he owed the U.S. amid unclear guidance on how the tax laws applied to crypto. 

“Although Ver had long engaged the government in discussions regarding a civil resolution of this matter, the government has never been able to articulate the taxes purportedly owed,” they wrote. “Instead of continuing those discussions in good faith, but while Ver’s prior counsel remained under the impression that discussions were ongoing,” the U.S. announced his indictment.

Ver’s lawyers also argued that IRS agents violated his attorney-client privilege in December 2017 by conducting an unannounced interview of one of his tax lawyers. In 2022, the U.S. Supreme Court took up a case on the issue that didn’t name the parties but matched Ver’s circumstances. The court dropped that case in 2023 without issuing a ruling. 

In an interview with Bloomberg New in late October, Ver said he spent a month in jail before getting out on bail and moving to Mallorca, where he’s received a steady stream of visitors. An outspoken critic of the U.S. government, he said he’s being persecuted by prosecutors.

“They don’t like me, and they don’t like my political views, and they just came at me every which way,” Ver said.  

Ver said he’s spending his days talking to his lawyers on Zoom, practicing Brazilian jiujitsu and entertaining friends visiting from overseas. He’s attended Bitcoin meetups, where he said he was well received.

When crypto began, Ver embraced its promise. He started buying Bitcoin in 2011 for less than $1, spreading the vision of using crypto and touting its potential. He earned the “Bitcoin Jesus” moniker for his evangelical-like advocacy of the original cryptocurrency.  

He was an early investor in Blockchain.com, a crypto company once valued at $14 billion, payment processor BitPay and digital-asset firm Ripple. When the Bitcoin network underwent a software upgrade he opposed in 2017, Ver broke with the community, switching to a split-off called Bitcoin Cash. He said his current holdings include Bitcoin, Bitcoin Cash, Ether and Zano.

A Justice Department representative declined to comment.

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Accounting

Trump taps former Missouri Congressman Billy Long as IRS commissioner

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Billy Long campaigning with Donald Trump in Iowa
Former Rep. Billy Long speaks during a campaign event for President-elect Donald Trump in Iowa in January.

Al Drago/Bloomberg

President-elect Donald Trump said he is selecting former U.S. Representative Billy Long to serve as the commissioner of the Internal Revenue Service, enlisting a Republican who served in Congress for an incoming administration aiming to renew and expand a broad package of tax cuts.

“Since leaving Congress, Billy has worked as a business and tax advisor, helping small businesses navigate the complexities of complying with the IRS rules and regulations,” Trump said in a post on his Truth Social platform Wednesday announcing the pick. “Taxpayers and the wonderful employees of the IRS will love having Billy at the helm.”

If confirmed by the Senate, Long would head an agency that has long drawn the ire of Republicans, who are eager to scale back its funding and enforcement powers. 

The current IRS commissioner, Danny Werfel, who was nominated by President Joe Biden and started in his post in March 2023, has said that he intends to fulfill his term, which is slated to end on Nov. 12, 2027. IRS commissioners, however, can be removed by the president.

During his first administration, Trump did not fire then-IRS Commissioner John Koskinen, despite the agency chief clashing with House Republicans, allowing his term to end. Trump then nominated Charles Rettig, a California tax attorney, to serve as the agency’s chief.

Long served as a representative from Missouri from 2011 to 2023, a stint that included work on the House Energy and Commerce Committee and the Transportation and Infrastructure Committee. 

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M&A roundup: The year-end rush begins

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Citrin Cooperman expands in Rhode Island, Cherry Bekaert in the Washington, D.C. area, LBMC in Tennessee, Dean Dorton in Florida, and more.

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Accounting

Book explains how CPAs can break into wealth management

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A financial planner working at the intersection of wealth management and tax wrote and compiled a guide on how accountants can leap into the related but often separate field.

Holistic Guide to Wealth Management” by Rory Henry, a director of Marina Del Rey, California-based Arrowroot Family Office, and nearly three dozen other contributors offers a blueprint into how certified public accountants should understand comprehensive planning and begin integrating it into their practices. The book is available for pre-order through the publishing arm of tax and finance news outlet CPA Trendlines.

“Historically, the professions worked in silos, and I don’t think the technology was there just yet. But, as we’re seeing the advancements in technology, I think we’re seeing a greater integration of the professions,” Henry, who’s also a podcast host and a contributing writer to Financial Planning and FP sister publication Accounting Today, said in an interview. “[Clients] absolutely love it. Historically, the professions stayed in their lanes.”

READ MORE: Taxes + wealth: 2 connected but still (for now) distinct fields are merging

He cited examples of how that’s beginning to change, such as the rollout this year of a new certification in tax planning from The American College of Financial Services. Other developments in that regard include the addition of planning topics to the CPA exam and technology that adapts artificial intelligence into advisors’ procedures or finds tax savings opportunities through, for example, ongoing loss-harvesting identification throughout the year rather than with a cumbersome manual process in the fourth quarter.

 “Holistic Guide to Wealth Management” is available for pre-order from CPA Trendlines.
“Holistic Guide to Wealth Management” is available for pre-order from CPA Trendlines.

Rory Henry

“For CPAs, offering holistic wealth management services can be a game changer for your practice,” Kelly Waltrich, co-founder of financial services and technology marketing consultancy Intention.ly, writes in a section of the book devoted to the communications aspect of branching into wealth management. “These services are a clear opportunity to provide top-notch guidance to clients while fueling additional revenue streams. But let’s be real — simply hanging out a ‘wealth management’ shingle won’t cut it in an industry in which competition is abundant, and differentiation is key. Making your clients and prospects aware of your expanded offerings and growing your business as a result of those offerings requires a much more targeted approach.”

Other sections consist of those outlining the services in a full wealth management menu, the practice management lessons for CPAs trying to figure out what their advisory practices will need to make the transition, an appendix that delves into mental and physical health and business transformation and an opening group of essays introducing Henry’s approach. 

Henry drew collaborators among some other names familiar to many financial advisors and tax professionals like planning entrepreneur, writer and podcaster Michael Kitces, Nitrogen (formerly Riskalyze) founder Aaron Klein and commission-free annuities firm CEO David Lau of DPL Financial Partners. 

In his introductory essay, Henry shares the common refrains that CPAs often say when asked why they don’t provide wealth management — which are similar to those of advisors who may hesitate to discuss topics related to taxes

  • “I don’t have the time to get the appropriate licenses and certifications.”
  • “I don’t know how to service the clients.”
  • “I’m afraid that a bad investment outcome during a bear market could cost me a lifetime tax client.”
  • “I don’t understand the investment and wealth protection side well enough.”
  • “I don’t want to sell my clients investment products.”
  • “I don’t know how to price the services when it’s not a deliverable like a tax return.”
  • “I’m not able to set up and manage the back end sufficiently.”
  • “It’s not a right fit for our firm.”

“As a CPA, you are the trusted guide in your client’s financial life,” Henry writes. “I’ve always believed in putting the spotlight on other people, i.e., your clients, rather than yourself. You should take pride in helping them become successful. It goes back to my notion of ROR (‘return on relationship‘). By guiding your client through the unpredictable and often difficult business and financial terrain of modern life, you’re making your client the hero, rather than yourself.”

READ MORE: Financial planner’s new book ties family meetings to long-term wealth

As an illustration of how opening the new line of business may require a different way of thinking about money and careers, Henry’s introduction discusses how being in an improv class has been integral to his professional development and what he gleaned from talented siblings as a middle child with a father in the banking business and a mother who was a school principal.

Rory Henry is a director of Marina Del Rey, California-based Arrowroot Family Office
Rory Henry is a director of Marina Del Rey, California-based Arrowroot Family Office.

Rory Henry

“Mom was always reading books when I grew up, and she encouraged my siblings and I to do the same,” Henry writes. “She once appeared on the TV game show, ‘The $25,000 Pyramid,’ and walked away with $25,000 in prize money after sailing through the rounds without missing a question. In fact, she only got one question wrong on her SATs. I also have no doubt that my mom is the source of my creative thinking and my thirst for lifelong learning. That curiosity, combined with being a voracious reader, allowed me to obtain both the CFP (certified financial planner) and BFA (behavioral financial advisor) accreditation in less than six months.”

The personal side of money and finance leads directly to adapting holistic planning into previously tax or investment-management dominant businesses, Henry said.

“The glue that puts everything together is really the human-first approach, so I wanted people to learn more about Rory the human,” he said. “I believe so much in relationships because I believe that’s going to carry us on into the future.”

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