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Tax Fraud Blotter: For the birds

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Disunion; cell phones; only the lonely; and other highlights of recent tax cases.

Boston: Frank Loconte, of Beverly Farms, Massachusetts, has been sentenced to 20 months in prison and three years of supervised release in connection with underreporting of overtime hours for his union employees and failing to collect and pay payroll taxes.

From 2009 to 2022, Loconte was the president of NER Construction Management Corp., a Wilmington, Massachusetts, construction company that employed union workers. He was also the president of the company’s employment management company, NER Management. Loconte was responsible for collective bargaining with multiple unions and was bound by agreements with the unions that governed the transfer of worker benefit contributions to employee welfare and pension benefit plans, each of which was subject to ERISA provisions.

From around January 2014 and May 2022, Loconte defrauded the union benefit funds and the IRS by paying certain of its union workers for overtime hours without reporting these hours to the union benefit funds and without making payroll tax withholdings and payments. He caused NER to file fraudulent remittance reports with the benefit funds and the unions that underreported the overtime hours worked by these employees, depriving the benefit funds and unions of contributions. He also caused NER to file IRS payroll taxes that underreported the wages paid.

Loconte used NER business accounts to pay for personal expenses, including vehicles, personal property taxes, household improvements and golf memberships, and failed to report these benefits to the IRS.

He defrauded union workers of more than $1 million for overtime work and defrauded the IRS of more than $3 million.

Loconte, who pleaded guilty in September, was also ordered to pay more than $4.5 million in restitution and a $15,000 fine.

Key West, Florida: Petr Sutka, operator of several staffing companies, has been sentenced to four years in prison for tax and immigration crimes.

Between January 2011 and January 2021, he and others helped run companies that facilitated the employment in hotels, bars and restaurants of non-resident aliens who were not authorized to work in the U.S. These companies did not withhold federal income taxes and Social Security and Medicare taxes from these workers’ wages and did not report the wages to the IRS.

Sutka was also ordered to serve three years of supervised release and to pay $3,551,423.84 in restitution to the United States. His co-conspirators, Vasil Khatiashvili and Zdenek Strnad, will be sentenced on April 22.

Kansas City, Missouri: Tax preparer Ebens Louis-Loradin, 44, has pleaded guilty to a wire fraud in which he filed federal income tax returns that contained false information.

He pleaded guilty to one count of wire fraud and 10 counts of aiding in the preparation of false returns.

Louis-Loradin, a tax preparer since 2012, defrauded the IRS by preparing and e-filing federal returns containing false items from March 2013 to April 2019. He claimed undeserved items on his clients’ federal returns, including dependents, inflated income tax withholding amounts, credits for child and dependent care expenses, American Opportunity Credits and Earned Income Tax Credits, itemized deductions and business losses.

He faces up to 20 years in prison for wire fraud and up to three years for each of the 10 counts of aiding in preparing false returns. Sentencing is Aug. 1.

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Fort Myers, Florida: Timothy Meade, who operated a prison phone service under several business names, has been sentenced to 30 months in prison for failing to pay over taxes that he withheld from his employees’ paychecks.

From 2011 through 2021, he withheld taxes from his employees’ paychecks but did not pay over to the IRS the full amount withheld. He also did not pay the business’ portion of his employees’ Social Security and Medicare taxes. The IRS attempted to collect the taxes, but Meade changed the call service’s names and bank accounts to thwart collection.

He caused a federal tax loss of $971,130.

Meade was also ordered to serve three years of supervised release and pay $971,130 in restitution to the United States.

Frankfort, Kentucky: Jeremy Clay Guthrie, 45, of Boaz, Alabama, has been sentenced to 27 months in prison for wire fraud and aiding and assisting in the preparation of false returns.

Guthrie managed a branch of a privately owned aviary supply business until he was fired in September 2017.  During his last two years as a manager, he stole more than $550,000 from his employer and customers by charging customer credit and debit cards for products but diverting payment for those products to his own company. He also altered the pay-to lines on checks from customers and routinely offered customers unauthorized discounts in exchange for cash payments, embezzling much of the cash he received, among other schemes.

He failed to disclose all the income he received from this fraud to his tax preparer or to the IRS for 2016 and 2017. Guthrie underreported his income by $325,543 and admitted that he intentionally concealed a significant portion of his company sales and other stolen money to fund a drug addiction.

Camden, New Jersey: Three persons have pleaded guilty to tax evasion and other charges related to their roles in accepting millions of dollars in a romance fraud.

Martins Friday Inalegwu, formerly of Maple Shade, New Jersey, pleaded guilty to one count of conducting an unlawful money transmitting business and four counts of tax evasion. Inalegwu’s wife Steincy Mathieu, also formerly of Maple Shade, pleaded guilty in November to two counts of tax evasion. Oluwaseyi Fatolu, of Springfield, New Jersey, pleaded guilty in January to a count of operating an unlawful money transmitting business.

From October 2016 to May 2020, Inalegwu, Mathieu and their conspirators, several of whom reside in Nigeria, participated in an online romance scheme, defrauding more than 100 victims nationwide. The conspirators made initial contact with victims through online dating and social media websites, corresponded via email and phone, pretended to strike up a romantic relationship with victims and then requested that victims send money to them or to their associates for fictitious emergency needs.

Victims wired money to bank accounts held by Inalegwu and Mathieu in the U.S. and mailed checks directly to Inalegwu and Mathieu. Some victims transferred money to Inalegwu and Mathieu via money transfer services and others wired money to bank accounts held by conspirators overseas. Federal agents have identified more than 100 victims, who sent more than $4.5 million directly to Inalegwu and Mathieu and several million more to conspirators.

Inalegwu and Mathieu failed to pay taxes on the money from victims.

Each count of tax evasion and each count of conducting an unlawful money transmitting business carries up to five years in prison and a $250,000 fine.

Tampa, Florida: A federal court has permanently enjoined tax preparer Kenia Rodriguez from preparing returns for others and from owning, managing or working at any tax prep business in the future.

The complaint alleged that she, through a fictitious entity called Rodriguez Tax Services, reportedly in Lakeland, Florida, claimed fraudulent deductions and credits on clients’ returns to underreport tax liabilities and claim undeserved refunds. The complaint also alleged that Rodriguez did not identify herself on the returns she prepared.

Rodriguez, who consented to the injunction, must send notices of the injunction to each person for whom she prepared federal tax returns after Jan. 1, 2016, and post copies of the injunctions where she conducts business, including social media and websites. The U.S. may conduct post-judgment discovery to monitor compliance and will continue to pursue its claim for disgorgement.  

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Congress reintroduces bill to extend disaster tax relief

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Lawmakers in the House and Senate have reintroduced bipartisan legislation backed by the American Institute of CPAs to provide faster tax filing relief to taxpayers affected by natural disasters.

Currently, the Internal Revenue Service has the authority to postpone tax-filing deadlines to taxpayers affected by federally-declared disasters, but that authority doesn’t extend to state-level emergencies. The Filing Relief for Natural Disasters Act would authorize the IRS to extend relief to impacted taxpayers as soon as the governor of a state declares a disaster or state of emergency. The legislation would also expand the current mandatory extension following a federally-declared disaster declaration from 60 to 120 days.

The bill was introduced last week in the House by Rep. David Kustoff, R-Tennessee, and Judy Chu, D-California, and in the Senate by Sen. Catherine Cortez Masto, D-Nevada, John Kennedy, R-Louisiana, Chris Van Hollen, D-Maryland, and Marsha Blackburn, R-Tennessee. The bill has been introduced during successive congressional terms going back to 2019, and then in 2021, 2023 and now 2025. It takes on added urgency in the wake of the devastating wildfires that recently hit Los Angeles, for which the IRS has already offered tax relief.

“Over the past week, my district has been devastated by the Eaton Fire, which has taken lives, destroyed 7,000 structures, left 20,000 people homeless, and burned countless businesses and community institutions to the ground,” Chu said in a statement. “Thankfully, the administration issued a federal major disaster declaration for the fires across Los Angeles County, which enabled the IRS to quickly extend federal filing deadlines for victims and provide needed relief. But for many disasters, federal declarations may come days or even weeks after the state declaration, leaving open the question of whether the IRS will be able to give disaster victims timely filing relief. The Filing Relief for Natural Disasters Act is a common-sense, bipartisan solution to this problem that will give the IRS the authority to bypass bureaucratic delays and immediately extend tax filing deadlines after state-declared disasters and states of emergency.”

Hurricane Helene also hit North Carolina, Tennessee and other states, “Families and businesses across the nation are the victims of national disasters. Many in Tennessee are still grappling with the devastating aftermath of Hurricane Helene,” said Kustoff in a statement. “It is essential that the federal government provides the support and resources that these individuals need. That is why I introduced the Filing Relief for Natural Disasters Act, which would postpone tax filing deadlines to taxpayers affected by state-declared disasters. This legislation will give families the flexibility they need to rebuild and recover.”

The bill would amend the Tax Code to allow state-declared disasters to trigger a postponement of certain filing and payment deadlines, at the discretion of the IRS. The AICPA has long supported successive versions of the legislation whenever it’s been introduced, but pointed out that it doesn’t eliminate the need for Congress to implement a permanent disaster tax relief bill, for which the accounting profession has long advocated, so taxpayers are assured fair treatment in a timely manner.

“There are many types of disasters that impact taxpayers across the country and throughout the year,” said Melanie Lauridsen, vice president of tax policy and advocacy for the AICPA, in a statement Tuesday. “Waiting for the IRS to issue relief causes taxpayers and tax practitioners unnecessary stress and burden when their homes, offices and records may have been destroyed or are inaccessible. We are grateful to Representatives Kustoff and Chu and Senators Cortez Masto, Kennedy, Van Hollen and Blackburn for their leadership on this important issue, and we urge Congress to approve this legislation so that the IRS is allowed to offer disaster victims the certainty they need quickly.”

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HSAs with tax savings pay off in retirement with caveats

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Health savings accounts could play a crucial and tax-advantaged role for clients’ medical costs in retirement, but holding them until age 65 and beyond poses some complexities as well.

The trifecta of pretax contributions, untaxed accumulation and duty-free withdrawals for qualified medical expenses in the accounts open to those with high-deductible health insurance may pay off extra in retirement — as long as financial advisors and their clients keep Medicare rules in mind and avoid a possible tax hit to non-spouse heirs in their estate plans, experts said. That’s because HSA withdrawals do not affect the calculation of taxes on Social Security benefits and aren’t subject to required minimum distributions like traditional individual retirement accounts.

READ MORE: These common HSA mistakes can cost clients 

Advisors and their clients can count on having plenty of uses for their HSAs: the average 65-year-old who retired last year could spend $165,000 on health care during retirement, according to Karen Volo, the head of health and benefit accounts at Fidelity Investments.

“Paying medical expenses in retirement should be a part of every planning conversation, given the burden of expense in retirement.  And there is no more advantageous way to prepare for those expenses than an HSA,” Volo said in an email. “Once you turn 65, you can use your HSA to pay for other nonqualified medical expenses, too. You’ll have to pay applicable state and federal taxes on these withdrawals, but this gives you another option for retirement income should you need it.”

The 20% penalty that would normally apply to the nonmedical use of the assets goes away once the client is over 65, noted Heather Schreiber, the founder of advanced planning consulting firm HLS Retirement Consulting. However, if the client decides to enroll in Medicare when they first reach eligibility at 65, they could risk paying a 6% excise tax for excess HSA contributions if they do not cut off the payments before joining Medicare, she said. 

On the other hand, they could also reap savings on the taxes for Social Security benefits by drawing from their HSAs for health expenses in retirement, due to the formula dictating those duties.

“HSAs are one of the few sources of income that don’t hit the provisional income calculations, so it’s a wonderful source,” Shreiber said. “Everyone’s concerned about the rising cost of health care and the potential for long-term care.”

READ MORE: Only 1 HSA provider rated ‘high’ quality by Morningstar. Here’s why

She and Volo each described clients’ immediate healthcare needs prior to retirement as the key challenge confronting their efforts to set aside their HSAs until retirement. Ideally, each client would contribute as much as possible “up to the yearly maximum to harness the power of compounding with your tax-free HSA dollars,” Volo said.  

“You can always leave a portion of your HSA balance in cash to pay for qualified medical expenses as they arise if you need to,” she said. “On the other hand, it’s not a bad idea to pay for medical expenses with your regular savings if you are able to; just be sure to save the receipts! Much like the account itself, ‘qualified medical expenses’ never expire, either. If you pay for a qualified medical expense out-of-pocket, you can submit saved receipts for reimbursement at any point. Whether it’s two, 12 or 20 years in the future, you can pay yourself back with the tax-free dollars you’ve compounded in your HSA.”

The “tricky” questions surrounding how best to use HSAs in retirement means that advisors should guide clients carefully on the timing of their Medicare enrollment and when to begin collecting their Social Security benefits, Schreiber said. The current standard expenses of more than $2,700 per year for Medicare Part B and D premiums could prove a helpful topic to raise with the clients, alongside the pronounced rate of inflation for health care costs.

“They’re roughly triple what normal inflation is,” she said. “Think about those expenses that you could cover using a health savings account.”

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Whitehouse cancels Biden AI order from 2023

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The Whitehouse has cancelled the October 2023 executive order from the previous administration on AI regulation and oversight as one of many such cancellations now that the new administration is in power. 

The executive order generally called for the development of standards and best practices to address various aspects of AI risk, such as for detecting AI-generated content and authenticating official communications. It also directed government agencies to study things such as how AI could impact the labor market and how agencies collect and use commercially available information. It also emphasizes the development of new technologies to protect privacy rights and bolster cybersecurity, as well as training on AI discrimination, and the release of guidance on how different agencies should be using AI. 

The AP noted that many of the items in the original executive order have been fulfilled already—such as numerous studies on things like cybersecurity risks and effects on education, workplaces and public benefits—and so there is not that much to repeal in the first place. 

One key provision that is now gone, however, is the requirement that tech companies building the most powerful AI models share details with the government about the workings of those systems before they are unleashed to the public. Opponents of the executive order had long said it would reveal trade secrets and hamstring US tech companies. 

When the EO was first signed, Alex Hangerup, co-founder and CEO of payment automation and insights solutions provider Vic.ai, said the executive order was a good first step, as its scope was ambitious and comprehensive, though expressed concerns that the order has a lot of moving parts and may be difficult to maintain. Asked about his feelings regarding the repeal, he did not seem especially troubled, noting that players in the AI space should be relying on a collaborative framework versus a top-down bureaucratic approach anyway. 

“AI has the potential to be one of the most transformative forces in modern finance, and fostering innovation in this space is critical. The previous Executive Order was a step toward structured oversight, but any AI regulation must strike a balance—protecting against risk while ensuring we don’t stifle progress. The decision to rescind the order underscores the importance of a more adaptive, market-driven approach to AI governance. Rather than relying on rigid top-down mandates, we need a collaborative framework that evolves with the technology. Responsible AI development doesn’t mean excessive bureaucracy; it means accountability, transparency, and engagement with the businesses actually building these solutions. At Vic.ai, we believe the future of AI in accounting—and across industries—depends on fostering innovation while ensuring AI remains a force for accuracy, efficiency, and trust,” he said. 

Pascal Finette, co-founder and CEO of technology consulting firm “be Radical,” at the time said the order seemed to be crafted by people who didn’t really understand AI much in the first place, and many of its provisions seemed more motivated by fear and worry, pointing to language that infers AI is a weapon which must be controlled. Overall, at the time, he said the order felt far reaching and somewhat reactionary given its focus on foundational models, and said regulation would be much easier applied at the application level. Overall, though, he wasn’t very concerned there would be any direct impacts on the accounting solutions space, as most vendors don’t create their own models but instead rely on those created by other companies that may or may not fall under the executive order. 

When asked what he thought about the repeal, he repeated that many of the original provisions didn’t seem that thought out and so it was good some of the more ill-conceived aspects will be cancelled, though it leaves open questions about sustainability and responsibility. 

“I’d say (with probably anything Trump says or does), it’s too early to tell. On one hand, I think it’s good and useful that we removed this somewhat ill-advised policy; on the other hand, there are huge question marks around the responsible and long-term sustainability of AI and its impact on society and businesses,” said Finette.

Aaron Harris, chief technology officer at practice management solutions provider Sage, said at the time the executive order was signed that it was an important step forward, given the rapid proliferation of AI technologies. He felt at the time that the order sets the appropriate tone for AI development, as it emphasizes safe and responsible uses. Today, he said there is need to simultaneously nurture and support AI innovation while recognizing SMEs need to feel confident they’re working with technology partners who adhere to safe, ethical AI development practices. Harris added that the Trump administration’s decision to cancel the executive order doesn’t change this fundamental relationship.  

“AI remains one of the greatest opportunities of our time. And as AI evolves, it’s expected that governmental policies and regulations around AI will as well. At Sage, our stance remains that AI practices must be ethical and responsible. We are committed to building AI technology for the future that is safe, transparent and trustworthy. As the regulatory landscape evolves, our mission remains clear: to innovate responsibly and empower businesses without compromising ethical standards. In the U.S., I am optimistic that the current administration will continue to create opportunities to evolve and accelerate AI innovation — improving lives and driving economic growth — while staying true to our duty of upholding the highest standards of ethics and trust,” said Harris.

Amy Matsuo, regulatory insights leader at KPMG, noted in a statement that this might lead to increasing divergence between state and federal regulators. She also pointed out that while there is nothing to replace the executive order, companies should still expect some regulatory focus regarding their AI ambitions.  

“As expected, the new Administration has repealed the previous Administration’s 2023 AI Executive Order, but did not immediately initiate a series of net-new AI actions. To drive US leadership in AI, the new Administration is reportedly looking to expand data center and energy capacity and encourage innovative model development and application. Companies should expect regulatory focus on critical security, national security and sensitive data. However, increased divergence with state and global AI- and privacy-related regulatory activity will increase (with a flurry of 2025 state bills already in motion), resulting in a continued regulatory patchwork as well as likely expanded state AG actions

The news comes around the same time that the administration also announced a $500 billion investment in AI technology.

“The $500 billion investment is pretty nuts—I’m not sure if you saw the comparisons, but it’s a multiple of the cost of the whole Apollo program (in today’s dollars),” said Finette. 

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