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Accounting

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

Global ESG Reporting Standards and Double Materiality Compliance

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Corporate accounting departments face expanding reporting expectations as international sustainability disclosure standards achieve regulatory enforcement across major global jurisdictions. Chief Accounting Officers (CAOs) and corporate controllers are establishing rigorous internal accounting controls to treat Environmental, Social, and Governance (ESG) metrics with the same data precision, auditability, and governance as traditional financial statements.

Regulatory Harmonization Under Global Sustainability Frameworks
The implementation of standardized sustainability reporting frameworks—notably rules established by international sustainability accounting boards—has created unified expectations for public and large private enterprises. Corporations must report standardized metrics covering greenhouse gas emissions (Scope 1, 2, and material Scope 3), energy utilization, workforce demographics, and supply chain governance.

In Europe and other participating international jurisdictions, double materiality principles are mandatory. Under double materiality, organizations must report both how external sustainability risks impact corporate financial performance, and how internal corporate operations affect surrounding environmental and social structures.

Integrating Sustainability Metrics into Core ERP Systems
To provide auditable non-financial data, enterprise organizations are integrating specialized carbon accounting and ESG management platforms directly into core ERP systems. Automated data collectors capture energy utility invoices, logistics fuel consumption metrics, and vendor compliance records in real time.

Establishing automated, traceable data pipelines ensures that non-financial reporting is supported by clear audit trails. This structured approach allows external financial auditors to provide reasonable assurance on sustainability disclosures during annual corporate reporting cycles.

Financial Impacts and Capital Market Disclosure
Accurate ESG reporting directly influences corporate cost of capital and institutional credit ratings. Commercial lenders and institutional asset managers systematically incorporate sustainability metrics into risk pricing models. Companies that demonstrate transparent, verifiable progress in operational energy efficiency and climate risk mitigation benefit from expanded access to green bond markets and lower debt pricing.

Action Steps for Accounting Leadership
1. Implement Double Materiality Frameworks: Conduct comprehensive assessments to identify material financial and operational sustainability metrics.
2. Build Auditable Non-Financial Data Pipelines: Automate ESG data collection within core accounting software to ensure data integrity.
3. Align Sustainability with Annual Financial Filings: Prepare non-financial disclosures concurrently with financial statements to satisfy regulatory audit expectations.

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Accounting

Modernizing Internal Controls: Machine Learning and Continuous Monitoring in Auditing

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Internal audit departments and corporate risk managers are modernizing internal control frameworks by shifting from periodic sampling techniques to continuous monitoring and machine learning analytics. As operational data volumes increase across enterprise organizations, automated control testing ensures financial integrity, prevents corporate fraud, and streamlines annual audit engagements.

The Limitation of Periodic Audit Sampling
Historically, internal and external auditors evaluated internal controls by reviewing random samples of financial transactions—often analyzing less than five percent of total ledger entries. In complex enterprise environments, periodic sampling methods carry inherent risks of overlooking localized financial misstatements, unauthorized disbursements, or operational control breakdowns.

In 2026, progressive internal audit functions are utilizing automated continuous monitoring platforms that evaluate one hundred percent of financial transactions in real time. Continuous control auditing systems continuously monitor general ledger entries, procurement approvals, and expense reimbursements across all operating subsidiaries.

AI-Powered Fraud Detection and Anomaly Identification
Machine learning models trained on historical corporate financial data excel at identifying subtle transactional anomalies that indicate potential fraud or operational error. Automated systems instantly flag duplicate invoice payments, unapproved vendor creation, unusual journal entry timing, and unauthorized override of authority thresholds.

When an anomaly is detected, the automated auditing platform generates an instant risk alert, allowing internal audit teams to investigate root causes immediately. Early detection prevents minor operational errors from escalating into material weaknesses in financial reporting.

Streamlining External Audit Preparation
Continuous internal control monitoring delivers significant benefits during annual external financial audits. External audit firms can review continuous audit logs and automated control testing documentation, reducing the time required for manual field testing.

This integrated approach lowers overall audit compliance fees, reduces administrative burdens on corporate accounting staff, and provides senior management and audit committees with real-time visibility into the organization’s overall risk profile.

Core Implementation Guidelines
1. Transition to 100% Data Testing: Replace legacy sampling methods with automated continuous audit monitoring systems.
2. Deploy Anomaly Detection Algorithms: Implement machine learning models to identify unauthorized transactions and operational control overrides.
3. Align Internal and External Audit Workflows: Coordinate continuous control testing protocols with external auditors to optimize annual compliance cycles.

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Accounting

Automated Tax Compliance and Global Regulatory Harmonization in 2026

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Corporate tax accounting departments are navigating an era of unprecedented regulatory complexity as global tax harmonization frameworks take full effect alongside real-time digital tax reporting mandates. Tax directors and accounting teams are adopting cloud-based tax compliance automation tools to manage multi-jurisdictional tax liabilities and satisfy stringent reporting rules across international jurisdictions.

Implementation of Global Minimum Tax Provisions
The implementation of international tax reform agreements—notably the Pillar Two global minimum tax framework—has reshaped multinational corporate tax planning. Multinational enterprises with consolidated revenues exceeding established thresholds must ensure an effective tax rate of at least 15% across every jurisdiction in which they operate.

Accounting teams are implementing specialized tax calculation modules integrated directly into enterprise resource planning (ERP) platforms. These automated tools calculate effective tax rates per country, identify top-up tax liabilities, and generate standardized compliance documentation required by national tax authorities.

Real-Time Digital Invoicing and E-Reporting Mandates
Tax authorities across Europe, Latin America, and Asia-Pacific have enacted mandatory electronic invoicing (e-invoicing) and continuous transaction controls (CTC). Under these systems, corporate transaction data must be submitted electronically to government portals in real time at the point of sale or invoice issuance.

This shift toward continuous digital tax reporting eliminates traditional annual tax audits in favor of ongoing automated compliance monitoring. Accounting departments are upgrading invoicing software to ensure seamless XML data formatting, digital signature authentication, and real-time validation against tax authority databases.

Automation and Data Analytics in Corporate Tax Strategy
To keep pace with dynamic tax legislation, tax departments are transitioning from reactive compliance teams to proactive strategic advisors. Machine learning algorithms analyze corporate transactional data to identify tax credits, research and development (R&D) incentives, and cross-border transfer pricing adjustments.

By automating routine tax return filings and calculations, corporate tax directors can focus on long-term capital structuring, evaluating the tax implications of corporate mergers, and optimizing international supply chain networks.

Strategic Priorities for Tax Executives
1. ERP System Upgrades: Ensure enterprise software is capable of generating real-time, granular tax data required for global minimum tax compliance.
2. E-Invoicing Integration: Implement scalable e-invoicing platforms to satisfy regional continuous transaction control regulations.
3. Strategic Tax Analytics: Utilize predictive tax modeling tools to evaluate structural changes in corporate operations and cross-border trade.

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