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Tax Fraud Blotter: Covers blown

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$300 a scam; dead wrong; permanent problem; and other highlights of recent tax cases.

Lansing, Illinois: Tax preparer Vervia Watts has been sentenced to a year and a day in prison for preparing and filing false income tax returns for clients.

Watts, who pleaded guilty last year, operated a tax prep business and from at least January 2017 through June 2023 prepared and filed more than 900 fraudulent income tax returns for clients; she reported false education expenses and business income to inflate undeserved federal refunds.

Watts received at least $300 for each return; the IRS paid some $1.3 million in fraudulent refunds.

She was also ordered to serve a year of supervised release and to pay some  $1,349,314 in restitution to the IRS.

Lakewood, New Jersey: Executive Josef Neuman has been sentenced to 30 months in prison for failing to pay more than $10 million in payroll taxes stemming from his ownership of several businesses.

Neuman, who previously pleaded guilty, was the CEO of a business that provided administrative services to operators of nursing homes and other health care facilities, including at least some 20 entities co-owned and operated by Neuman. He had responsibility for the companies’ federal payroll taxes.

During tax years 2017 and 2018, Neuman failed to pay over to the IRS more than $10 million in payroll taxes owed by the companies. He knew that payroll taxes were due but continued to pay other business expenses and employee salaries.

He was also sentenced to two years of supervised release and ordered to pay $11.2 million in restitution.

Medford, Massachusetts: Business owner Mauricio Baiense, formerly of Quincy, Massachusetts, has pleaded guilty to an employment tax scheme and to making a false statement at an Occupational Safety and Health Administration hearing.

Baiense owned and operated Contract Framing Builders and was responsible for paying to the IRS the payroll taxes withheld from employees’ wages and for filing the quarterly employment tax returns. From around April 2013 through December 2017, he operated an off-the-books cash payroll for the company.

To generate cash for the payroll, Baiense wrote checks drawn on CFB’s bank account to purported subcontractors, which were in fact nominee entities that Baiense controlled. Baiense then cashed or directed others to cash approximately $11 million in such checks at a check-cashing business. Baiense and another man then used a portion of the cash to pay some employees’ wages.

Baiense did not report the cash wages to the IRS and did not pay the required employment taxes. He also helped prepare at least one false employment tax return that underreported the wages paid to employees. The federal tax loss totaled some $2,824,577.45.

When questioned at an OSHA hearing regarding a workplace accident, Baiense also made a false statement. OSHA was investigating the workplace death of an individual working for CFB; Baiense lied that the employee did not work for CFB at the time of the accident.

Sentencing is July 25. He faces a maximum of five years in prison for each of the seven counts of willful failure to collect or pay over employment taxes, five years for conspiring to defraud the U.S. and three years for aiding and assisting in the preparation of a false return. He also faces up to five years in prison for the false statement. 

Hands-in-jail-Blotter

Ramsey, Minnesota: Tax preparer Lyle Nierenz, 70, has been sentenced to six months in prison to be followed by a year of supervised release and been ordered to pay restitution for operating a tax prep business as cover for a tax fraud.

Nierenz, who pleaded guilty in 2021, ran Fast-R-Tax and Lyle’s Tax Service out of his home. He prepared and filed numerous income tax returns falsely claiming that his clients had significant charitable contributions, unreimbursed employee expenses or unreimbursed business expenses. Nierenz, who did this without his clients’ knowledge or permission to fraudulently inflate their returns, then diverted a portion of the refunds to his personal bank accounts. 

Nierenz repeatedly made it appear that his clients self-filed their fraudulent returns and provided many clients with a doctored copy of their returns that matched the refund the client received. Between tax years 2014 and 2018, his scheme resulted in a tax loss of some $336,000.

He also repeatedly failed to declare on his own returns the income he generated by charging his clients for tax prep.

Milroy, Pennsylvania: Insurance business owner Brandon Aumiller has been convicted of tax evasion for his years-long scheme to evade individual income taxes and his business’ employment taxes.

For tax years 2007, and 2009 through 2011, Aumiller filed personal income tax returns reporting that he owed some $82,311 in income taxes. He also filed employment tax returns for his business reporting that it owed some $24,882 in taxes for the third quarter of 2013 and the first two quarters of 2014. He did not pay these assessments. 

When the IRS attempted to collect, Aumiller engaged in a multiyear scheme to conceal assets in accounts that he did not disclose to the IRS, structuring multiple real estate deals to conceal the transactions; he also submitted forms that did not fully disclose his accounts and that concealed information about his real estate transactions.

Sentencing is Sept. 4. He faces up to five years in prison on each of the two counts of his conviction.

Kansas City, Missouri: Tax preparer Linzell Harris, 67, has pleaded guilty to aiding the preparation of dozens of false returns.

Harris owned and operated the tax prep business MJM Group from 1999 through 2022. He admitted that he exaggerated and fabricated multiple deductions and credits for his clients to obtain large refunds. Harris prepared returns for at least 12 taxpayer clients, resulting in at least 43 false income tax returns for tax years 2015 through 2019. 

Harris also failed to file personal tax returns for 2015 and 2016, causing a tax loss of $60,753. The total tax loss was $185,061.

He faces up to three years in prison.

Quincy, Massachusetts: Business owner Lilian Giang, of Randolph, Massachusetts, has been convicted in connection with her involvement in avoidance of payroll tax.

She was convicted of four counts of failing to collect and pay over taxes and one count of mail fraud.

Between 2015 and 2019, Giang owned and operated Able Temp Agency, a temporary employment agency. Client companies paid Able for the temp employees’ work on an hourly basis. Giang deposited those payments into bank accounts in the name of Able that she controlled and then paid the employees through a combination of checks and cash.

By using cash payments, Giang hid over $3.2 million in payroll and avoided paying more than $800,000 in payroll taxes. She also used false payroll numbers to obtain workers’ compensation insurance at lower premium rates.

The charge of mail fraud provides for up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, restitution and forfeiture. The charge of failure to collect or pay over taxes provides for up to five years in prison, three years of supervised release, a fine of $10,000 and restitution.

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Is gen AI really a SOX gamechanger?

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By streamlining tasks such as risk assessment, control testing, and reporting, gen AI has the potential to increase efficiency across the entire SOX lifecycle.

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Accounting

FASB offers retainage guidance for construction contractors

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The Financial Accounting Standards Board released a staff educational paper Tuesday to answer questions about how to apply its revenue recognition standard to presentation and disclosures to construction contracts that contain retainage (or retention) provisions. 

The paper pointed out that construction businesses are often subject to contracts that contain retainage (or retention) provisions. 

Companies that operate in the construction industry are frequently subject to contracts that include retainage provisions. Those provisions generally offer a kind of security to the customer by permitting the customer to withhold a portion of the consideration billed by the company until certain project milestones are met or the project is finished.

The revenue recognition standard, also known as Topic 606 or ASC 606 in FASB’s Accounting Standards Codification, offers guidance on the presentation of a contract with a customer on the balance sheet as a contract asset or a contract liability and related disclosures, but lacks specific guidance on retainage. 

The educational paper explains the presentation and disclosure requirements in GAAP about retainage for construction contractors and provides some examples of voluntary disclosures of retainage that would provide more detailed information about contract asset and contract liability balances.

The FASB staff received feedback from private company stakeholders in the construction industry, as well as the FASB-affiliated Private Company Council,  questioning the proper application of Topic 606 guidance to retainage. Some users of private company financial statements, including sureties, provided feedback that information about retainage is important to their analysis. 

The educational paper aims to clarify the presentation and disclosure requirements in GAAP about retainage for construction contractors and provide example voluntary disclosures of retainage that would currently be permissible under GAAP and would provide users with more detailed information about contract asset and contract liability balances. 

The educational paper doesn’t change or modify current GAAP and isn’t intended to be a comprehensive assessment of the accounting for retainage in accordance with Topic 606. The exhibits included in the paper are for illustrative purposes and don’t create additional requirements beyond those in current GAAP. Entities should refer to current GAAP and consider entity-specific facts and circumstances when preparing financial statements.

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Small business wage and job growth stayed flat in March

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Hourly earnings and job growth for workers in small businesses remained mostly unchanged last month, according to payroll provider Paychex.

The Paychex Small Business Employment Watch, which includes the Paychex Small Business Jobs Index, showed job growth continued at levels seen over the last several quarters at 99.75 in March for U.S. businesses with fewer than 50 employees. Paychex wage data found the hourly earnings growth rate (2.91%) for workers in U.S. small businesses remained essentially similar in March compared to February.

The national Small Business Jobs Index dipped 0.29 percentage points to 99.75 in March, slightly less than the pace set at the end of the past two quarters. At 2.91%, hourly earnings growth stayed below 3% for the fifth month in a row in March, while one-month annualized hourly earnings growth (3.51%) outpaced annual growth (2.91%) for the fourth consecutive month.

“We don’t see any signs of recession,” said Frank Fiorille, vice president of risk, compliance and data analytics at Paychex. “It looks like they’re still doing OK, not gangbusters, but still keeping up with the range that they have done the past few months.”

The Midwest remained the top region for the 10th consecutive month on small business job growth, despite slowing 0.58 percentage points in March. Texas continued to lead the other states on small business job growth in March, while Minneapolis gained 1.87 percentage points to move into first place in March among metropolitan areas. The manufacturing industry gained 1.05 percentage points during the first quarter of 2025 to perform best among the industry sectors on job growth.

On the wage front, Tampa topped the other metro areas in March in terms of both hourly earnings growth (4.20%) and weekly earnings growth (4.00%).

Fiorille doesn’t see much impact on small businesses yet from the tariffs that President Trump administration has threatened to impose on Wednesday. “My handicapping of this is that it will obviously impact them, but not as much as you’d think,” he said. “I do think a lot of them are service related, but even in the service-related ones, they’ll have some issues if they import stuff as well. Then there might be some indirect inflation costs on them.”

He advises accountants to keep an eye on further developments on tariffs, tax changes and the steady stream of executive orders from the White House.

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