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Tax Fraud Blotter: No risk

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Everything must go; have con, will travel; gold rush; and other highlights of recent tax cases.

Deltona, Florida: Business owner David Albert Fletcher has pleaded guilty to evading payment of more than $1.7 million he owed for tax years 2004 through 2014.

Fletcher owned and operated several furniture liquidation businesses and for 2004 through 2013 did not timely file his federal income tax returns or pay taxes. After an audit, the IRS assessed $1.7 million in taxes, interest and penalties.

To evade collection, Fletcher concealed his income and assets from the IRS, including by using nominees to hide his purchases of luxury vehicles. He also filed returns that understated his income, and when interviewed by an IRS special agent lied about how much he earned.

Fletcher faces up to five years in prison.

Chatham, New Jersey: John Goggins, former senior vice president and general counsel for a large public corporation, has been sentenced to eight months in prison for willfully failing to file federal income tax returns.

Goggins, who previously pleaded guilty to a four-count information charging him with willfully failing to file federal income tax returns for 2018 through 2021, earned total gross income in those years of $54 million from wages, restricted stock awards, the exercise of annual nonqualified stock options, interest, dividends and gains from stock sales.

Goggins was also sentenced to a year of supervised release and was ordered to pay $3.11 million in restitution to the IRS (which has already been paid) and was fined $40,000.

Indianapolis: A U.S. district court has permanently enjoined tax preparer Juan Santiago and his company from preparing federal returns for others and from owning or operating tax prep businesses in the future.

Santiago failed to respond to the civil complaint filed against him, so the court entered the permanent injunction by default.

Santiago resides in Lakeland, Florida, but travels to Indianapolis for tax season to operate Madison Solutions LLC. The complaint alleges that he and Madison Solutions used a variety of schemes to improperly reduce clients’ tax liabilities or to obtain undeserved refunds, including by repeatedly placing false or incorrect items, deductions, exemptions or statuses on clients’ returns without their knowledge.

For example, the complaint alleges that Santiago routinely elected head of household status and Child Tax Credits for clients when they were otherwise not qualified for such status or credits. The complaint also alleges that Santiago reported fictitious businesses on returns and fabricated business expenses and income to fraudulently reduce taxable income.

Wilmington, Delaware: Business owner Robert Higgins, of West Chester, Pennsylvania, has been convicted on charges of mail, wire and tax fraud.

He owned and operated First State Depository, a precious metals depository that held more than $100 million in customer assets, primarily in the form of gold and silver bars and coins. Higgins diverted customer assets to pay debts and finance his personal life, including two timeshares in Hawaii and luxury vacations. First State’s records indicated that at least $58 million worth of customer assets had been misappropriated; industry sources generally agree that this is the largest theft from a precious metals depository in U.S. history.

Higgins faces up to 20 years on the wire and mail fraud charges and five years on each tax fraud charge.

Hands-in-jail-Blotter

Ft. Worth, Texas: John Anthony Castro, 40, owner of the virtual tax prep business Castro & Co. who falsely inflated dozens of client returns, has been sentenced to more than 15 years (188 months) in prison for tax fraud.

Castro — who had graduated law school but repeatedly failed the bar exam — held himself out as an “international tax expert” and “federal practitioner” and falsely claimed to be a graduate of West Point.

He successfully marketed to clients around the world, claiming to be an expert on certain tax issues related to Australian expats, among other things. Between 2017 and 2019, he filed more than 1,900 returns on behalf of individuals worldwide. Castro promised his clients a significantly higher refund than they would receive from other preparers, claiming he knew how to identify and claim deductions that others did not. He added that there was no risk, as he split the additional refund amount with clients for his fee.

He did not share the return with clients before filing but instead informed them of the amount of the anticipated refund. On many occasions, Castro filed returns on behalf of clients without their permission or knowledge.

In other instances, he claimed deductions that had no basis in fact. Castro claimed deductions based on extreme and unsupported legal theories, including saying that deductions for any expense related to preventing an illness qualified as an “impairment related work expense;” expenses related to commuting to and from work; and the full value of one’s mortgage and utilities as long as the taxpayer had some Schedule C business to claim, among others.

When the victim-taxpayers learned what Castro had done, many demanded copies of their returns. Castro refused to engage in conversation and even delayed providing returns for months; he often acted in a highly vindictive manner when questioned or challenged by clients or others, berating individuals in emails, threatening legal actions or by filing amended returns, without clients’ permission or knowledge, that removed all deductions. Many of the victims have since been audited or filed amended returns.

Castro was also ordered to pay $277,243 in restitution.

Thornton, Colorado: Tax preparer Lance McCuistion, 56, has been sentenced to 52 months in prison after pleading guilty to preparing false returns for clients.

In July 2014, McCuistion pleaded guilty to preparing false returns in a prior investigation and was sentenced to probation. As a result of that offense, McCuistion was unable to obtain a PTIN. From around April 2018 through April 2022, McCuistion used PTINs in the names of three associates to prepare returns for clients.

These returns claimed items for which McCuistion knew the taxpayers were not eligible, with the aim of increasing refunds or reducing taxes.

Independence, Missouri: Business owner Richard Dean Schiele Jr., 51, has pleaded guilty to filing a false claim as part of a scheme to fraudulently receive nearly $1.4 million in federal COVID-19 relief money.

Schiele admitted he filed nine employer’s quarterly returns with the IRS on April 22, 2023, for a company he formed the same month called Schiele Family Own Distribution. The returns made a total of $1,392,716 in claims for pandemic-era credits against the company’s ostensible employment taxes. Schiele later admitted that the company had no employees in 2020 through 2022.

The IRS issued checks totaling $478,890 to Schiele; the Treasury recovered $348,764.91 from Schiele’s bank account.

He must pay $130,125 in restitution to the IRS.

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Ramp announces availability of business and investment accounts for users

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Spend management solution provider Ramp announced the release of Ramp Treasury, which can act as a business or investment account for users. 

Specifically, Ramp Treasury lets businesses store cash in a business account that earns 2.5% interest, or in an investment account with the potential for higher yields, all within the same platform they already use to pay their bills. 

Users can create as many business accounts as they need versus having to juggle multiple accounts and passwords. They can also set a target balance for their Ramp Business Account and top up from their checking account. Upon opening a Ramp Business Account, Ramp will pay users a monthly cash reward, calculated as a percentage of their deposited funds. They begin earning on the first dollar they deposit, and there is no cap to how much they can earn. Earnings are disbursed automatically by Ramp each month. Earnings are paid as cash, versus statement credits or rewards requiring redemption. Instead, the customer can transfer earnings from their Ramp Business Account to be used as cash elsewhere.

Customers can transfer funds in and out of a Ramp Business Account via externally linked commercial or business bank accounts. Funds that are moved may settle as quickly as the same day, but could take as long as five business days. Funds in a Ramp Business Account can be used to pay Ramp statements, Ramp Bill Pay and employee reimbursements. Payments to Ramp statements settle instantly. At this time, the Business Account cannot be used to deposit checks, receive external payments, receive transfers from bank accounts that are not linked to Ramp, or make payments outside of the Ramp platform.

The Ramp Investment Account, meanwhile, allows businesses to invest cash in the Invesco Premier U.S. Government Money Portfolio (FUGXX), a money market fund. Securities products and brokerage services are provided by Apex Clearing Corporation, an SEC-registered broker-dealer. The Investment Account is not a deposit product, not insured by the FDIC, and may lose value.

The launch is part of Ramp’s ambitions to automate more areas of the financial tech stack beyond payments.

“The old treasury playbook meant either constant micromanaging of cash positions and payment dates … or just accepting you’ll lose out on interest. The new playbook is refreshingly simple: let technology do the heavy lifting, so you don’t have to,” said Ramp CEO Eric Glyman. “This is why we created Ramp in the first place. We find every cent you deserve so you can focus on moving your business forward. It’s all about the timeless principle of making every dollar and hour work harder, and go farther.”

While the service acts a lot like a bank account, Ramp is not a bank and therefore is not subject to all the same rules and regulations of a bank (though the accounts are FDIC insured, according to the website). The Business Account is a deposit account offered through First Internet Bank of Indiana, which is the one who provides the bank services. There are no account opening or management fees, no deposit minimums, and no withdrawal restrictions. 

Ramp Treasury allows for unlimited same-day ACH, international wires and domestic wires. It also offers alerts before funds are low or if cash is available to invest. The solution provides support for fully integrated workflows from beginning to end, meaning that cash transfers and earnings automatically sync with a connected ERP system and get categorized in the correct general ledger accounts. The security features allow only authorized people to transfer or release money, and the software provides a comprehensive audit trail. Ramp also makes Ramp for Accounting Firms.

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FinQuery announces new CEO, COO, executive chairman

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Accounting and contract management solutions provider FinQuery announced a major reshuffle of its executive team, including a new CEO, COO and executive chairman. Joe Schab—the president and chief operating officer—has been appointed to the role of chief executive officer, effective immediately. 

“It’s an honor to be appointed CEO of FinQuery,” said Schab. “I’m incredibly proud of the positive impact we’ve made on our customers, helping them simplify complex accounting processes and gain unparalleled visibility into their committed spend. I’m eager to continue building on this success and deliver even more impactful solutions that meet their evolving needs.”

Meanwhile, George Azih, founder and now-former CEO, will transition to the role of founder and executive chairman, where he will continue to provide strategic guidance and support the company’s growth.

“Joe has been an invaluable partner in building FinQuery into the successful company it is today,” said Azih. “A deep understanding of the technology industry coupled with his strategic vision and operational expertise make him the ideal leader to guide FinQuery through its next phase of growth. I am confident that under Joe’s leadership, FinQuery will continue to innovate and deliver exceptional value to our customers.”

In addition to Schab’s promotion, FinQuery also announced the promotion of Justin Smith from chief financial officer to both CFO and COO. Smith will assume responsibility for overseeing the company’s financial and operational performance. It is unknown who the replacement CEO will be. 

Overall, according to Azih, these changeups in the leadership reflect a natural evolution in people’s roles through the years. 

“This transition is about aligning titles with the roles that have already been shaping FinQuery’s success,” he said. “Joe has been serving as president and COO for several years, playing a pivotal role in driving our strategy and operations. His promotion to CEO is a natural evolution, recognizing his outstanding leadership and vision. Similarly, Justin’s move into the dual roles of CFO and COO reflects how closely these two functions have become aligned in recent years, as we prioritize both financial strategy and operational excellence to deliver greater value to our customers. As I step into the role of executive chairman, my focus will remain on guiding FinQuery’s strategic vision while empowering this exceptional team to continue simplifying complex accounting processes for our customers.” 

FinQuery, formerly LeaseQuery, has spent the last few years growing well beyond its original focus on lease accounting, prompting a rebrand early last year. The transition to FinQuery mirrors the company’s expanded vision toward providing comprehensive financial solutions. While lease accounting software remains a core part of its offering, FinQuery represents a more holistic approach to financial management. To this end, the company recently released a prepaid and accrual accounting solution as well as a contract management solution.

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State tax changes predicted for 2025

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More states are expected to simplify their sales tax laws and leverage artificial intelligence for doing tax audits, according to a new report from Avalara, a provider of tax compliance technology.

The annual Avalara Tax Changes report for 2025, released Tuesday, predicts this could be the year for meaningful simplification in home rule states like Colorado. In home rule states, cities, counties and other local government entities have the authority to administer local sales tax, including auditing businesses, creating their own forms, and defining terms differently from the state. That can lead to more sales tax complexity for businesses selling into those states. The report noted that a handful of home rule states — Colorado, Alabama, Louisiana, Arizona, and Alaska — are making moves toward simplification, though businesses selling into home rule states still face a heavier tax compliance burden.

States are also starting to turn to AI to help with tax audits, just as the Internal Revenue Service has begun to do. New York’s State Department of Taxation and Finance has employed AI since 2022 to increase audits, even with fewer auditors. The state is reportedly “sending out hundreds of thousands of AI-generated letters looking for revenue,” and getting results.

The report also looks at state tax nexus issues for cross-border transactions. As of December 2024, in 22 states, having only $100,000 in annual sales is enough to give a remote retailer a sales tax obligation. In another 20 states, the economic nexus threshold is $100,000 in sales or 200 sales transactions. However, the transaction threshold is losing ground, with 13 states having already eliminated it. Alaska dropped it, effective Jan. 1, 2025, while New Jersey is moving to drop it in 2025. 

“States rarely comment on how they choose someone to audit or how they conduct audits,” said Scott Peterson, vice president of U.S. tax policy at Avalara, in a statement. “But it’s very safe to say they have long used tools to help in both and AI should be a natural fit.”

The report also examines the rise of e-invoicing internationally and in the U.S., in which businesses are more frequently required to submit electronic versions of audit files, invoices, credit notes, debit notes, and payment receipt data to tax authorities. In addition, it covers the phased-in threshold for Form 1099-K reporting of gig economy payments, along with other topics.

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