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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 firms seeing increased profits

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Accounting firms are reporting bigger profits and more clients, according to a new report.

The report, released Monday by Xero, found that nearly three-quarters (73%) of firms reported increased profits over the past year and 56% added new clients thanks to operational efficiency and expanded service offerings.

Some 85% of firms now offer client advisory services, a big spike from 41% in 2023, indicating a strategic shift toward delivering forward-looking financial guidance that clients increasingly expect.

AI adoption is also reshaping the profession, with 80% of firms confident it will positively affect their practice. Currently, the most common use cases for AI include: delivering faster and more responsive client services (33%), enhancing accuracy by reducing bookkeeping and accounting errors (33%), and streamlining workflows through the automation of routine tasks (32%).

“The widespread adoption of AI has been a turning point for the accounting profession, giving accountants an opportunity to scale their impact and take on a more strategic advisory role,” said Ben Richmond, managing director, North America, at Xero, in a statement. “The real value lies not just in working more efficiently, but working smarter, freeing up time to elevate the human element of the profession and in turn, strengthen client relationships.”

Some of the main challenges faced by firms include economic uncertainty (38%), mastering AI (36%) and rising client expectations for strategic advice (35%). 

While 85% of firms have embraced cloud platforms, a sizable number still lag behind, missing out on benefits such as easier data access from anywhere (40%) and enhanced security (36%).

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Accounting

Private equity is investing in accounting: What does that mean for the future of the business?

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Private equity firms have bought five of the top 26 accounting firms in the past three years as they mount a concerted strategy to reshape the industry. 

The trend should not come as a surprise. It’s one we’ve seen play out in several industries from health care to insurance, where a combination of low-risk, recurring revenue, scalability and an aging population of owners create a target-rich environment. For small to midsized accounting firms, the trend is exacerbated by a technological revolution that’s truly transforming the way accounting work is done, and a growing talent crisis that is threatening tried-and-true business models.

How will this type of consolidation affect the accounting business, and what do firms and their clients need to be on the lookout for as the marketplace evolves?

Assessing the opportunity… and the risk

First and foremost, accounting firm owners need to be aware of just how desirable they are right now. While there has been some buzz in the industry about the growing presence of private equity firms, most of the activity to date has focused on larger, privately held firms. In fact, when we recently asked tax professionals about their exposure to private equity funding in our 2025 State of Tax Professionals Report, we found that just 5% of firms have actually inked a deal and only 11% said they are planning to look, or are currently looking, for a deal with a private equity firm. Another 8% said they are open to discussion. On the one hand, that’s almost a quarter of firms feeling open to private equity investments in some way. But the lion’s share of respondents —  87% — said they were not interested.

Recent private equity deal volume suggests that the holdouts might change their minds when they have a real offer on the table. According to S&P Global, private equity and venture capital-backed deal value in the accounting, auditing and taxation services sector reached more than $6.3 billion in 2024, the highest level since 2015, and the trend shows no signs of slowing. Firm owners would be wise to start watching this trend to see how it might affect their businesses — whether they are interested in selling or not.

Focus on tech and efficiencies of scale

The reason this trend is so important to everyone in the industry right now is that the private equity firms entering this space are not trying to become accountants. They are looking for profitable exits. And they will do that by seizing on a critical inflection point in the industry that’s making it possible to scale accounting firms more rapidly than ever before by leveraging technology to deliver a much wider range of services at a much lower cost. So, whether your firm is interested in partnering with private equity or dead set on going it alone, the hyperscaling that’s happening throughout the industry will affect you one way or another.

Private equity thrives in fragmented businesses where the ability to roll up companies with complementary skill sets and specialized services creates an outsized growth opportunity. Andrew Dodson, managing partner at Parthenon Capital, recently commented after his firm took a stake in the tax and advisory firm Cherry Bekaert, “We think that for firms to thrive, they need to make investments in people and technology, and, obviously, regulatory adherence, to really differentiate themselves in the market. And that’s going to require scale and capital to do it. That’s what gets us excited.”

Over time, this could reshape the industry’s market dynamics by creating the accounting firm equivalent of the Traveling Wilburys — supergroups capable of delivering a wide range of specialized services that smaller, more narrowly focused firms could never previously deliver. It could also put downward pressure on pricing as these larger, platform-style firms start finding economies of scale to deliver services more cost-effectively.

The technology factor

The great equalizer in all of this is technology. Consistently, when I speak to tax professionals actively working in the market today, their top priorities are increased efficiency, growth and talent. Firms recognize they need to streamline workflows and processes through more effective use of technology, and they are investing heavily in AI, automation and data analytics capabilities to do that. Private equity firms, of course, are also investing in tech as they assemble their tax and accounting dream teams, in many cases raising the bar for the industry.

The question is: Can independent firms leverage technology fast enough to keep up with their deep-pocketed competition?

Many firms believe they can, with some even going so far as to publicly declare their independence.  Regardless of the path small to midsized firms take to get there, technology-enabled growth is going to play a key role in the future of the industry. Market dynamics that have been unfolding for the last decade have been accelerated with the introduction of serious investors, and everyone in the industry — large and small — is going to need to up their games to stay competitive.

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Trump tax bill would help the richest, hurt the poorest, CBO says

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The House-passed version of President Donald Trump’s massive tax and spending bill would deliver a financial blow to the poorest Americans but be a boon for higher-income households, according to a new analysis from the Congressional Budget Office.

The bottom 10% of households would lose an average of about $1,600 in resources per year, amounting to a 3.9% cut in their income, according to the analysis released Thursday. Those decreases are largely attributable to cuts in the Medicaid health insurance program and food aid through the Supplemental Nutrition Assistance Program.

Households in the highest 10% of incomes would see an average $12,000 boost in resources, amounting to a 2.3% increase in their incomes. Those increases are mainly attributable to reductions in taxes owed, according to the report from the nonpartisan CBO.

Households in the middle of the income distribution would see an increase in resources of $500 to $1,000, or between 0.5% and 0.8% of their income. 

The projections are based on the version of the tax legislation that House Republicans passed last month, which includes much of Trump’s economic agenda. The bill would extend tax cuts passed under Trump in 2017 otherwise due to expire at the end of the year and create several new tax breaks. It also imposes new changes to the Medicaid and SNAP programs in an effort to cut spending.

Overall, the legislation would add $2.4 trillion to US deficits over the next 10 years, not accounting for dynamic effects, the CBO previously forecast.

The Senate is considering changes to the legislation including efforts by some Republican senators to scale back cuts to Medicaid.

The projected loss of safety-net resources for low-income families come against the backdrop of higher tariffs, which economists have warned would also disproportionately impact lower-income families. While recent inflation data has shown limited impact from the import duties so far, low-income families tend to spend a larger portion of their income on necessities, such as food, so price increases hit them harder.

The House-passed bill requires that able-bodied individuals without dependents document at least 80 hours of “community engagement” a month, including working a job or participating in an educational program to qualify for Medicaid. It also includes increased costs for health care for enrollees, among other provisions.

More older adults also would have to prove they are working to continue to receive SNAP benefits, also known as food stamps. The legislation helps pay for tax cuts by raising the age for which able bodied adults must work to receive benefits to 64, up from 54. Under the current law, some parents with dependent children under age 18 are exempt from work requirements, but the bill lowers the age for the exemption for dependent children to 7 years old. 

The legislation also shifts a portion of the cost for federal food aid onto state governments.

CBO previously estimated that the expanded work requirements on SNAP would reduce participation in the program by roughly 3.2 million people, and more could lose or face a reduction in benefits due to other changes to the program. A separate analysis from the organization found that 7.8 million people would lose health insurance because of the changes to Medicaid.

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