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Tax Fraud Blotter: Place your bets

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Close personal relationships; home is where the scam is; tort trouble; and other highlights of recent tax cases.

Los Angeles: Mathew R. Bowyer, of San Juan Capistrano, California, has agreed to plead guilty to running an illegal gambling business that took in unlawful sports bets, including from professional athletes as well as a former Major League Baseball Japanese-language interpreter who now faces prison time.

Bowyer operated an unlicensed and illegal bookmaking business that focused on sports betting and violated a California law that prohibits bookmaking. Bowyer’s gambling business remained in operation for at least five years until October 2023 and at times had more than 700 bettors.

He operated this business out of various locations in Los Angeles and Orange Counties as well as in Las Vegas. Bowyer also employed agents and sub-agents — including casino hosts — who worked for his illegal gambling business who were paid a portion of the losses that bettors incurred.

One of Bowyer’s clients was Ippei Mizuhara, who pleaded guilty on June 4 to one count of bank fraud and one count of subscribing to a false return. Mizuhara was the Japanese-language interpreter and de facto manager of baseball superstar Shohei Ohtani. Mizuhara admitted to stealing nearly $17 million from Ohtani to pay off gambling debts and to failing to pay tax on his gambling income.

Authorities consider Ohtani a victim; Mizuhara’s sentencing is Oct. 25.

From September 2021 to January 2024, Mizuhara placed at least 19,000 bets with Bowyer’s gambling business. During this time, Mizuhara had total winning bets of at least $142,256,769, and total losing bets of at least $182,935,206, leaving Mizuhara owing approximately $40,678,436.

Bowyer admitted in his plea agreement to knowingly and willfully falsely reporting his taxable income to the IRS on his 2022 return: Bowyer reported $607,897 in total income but his unreported income for that year was $4,030,938 — income from his illegal gambling business. Bowyer owes additional taxes of $1,613,280 for 2022, not including interest and penalties.

Bowyer has agreed to plead guilty to operating an unlawful gambling business, money laundering and subscribing to a false return. He faces up to 10 years in prison on the money laundering count, up to five years for the unlawful gambling business and up to three years for the false return. 

Madison, Wisconsin: David Swartz, of Highland Park, Illinois, has been sentenced to two years in prison for wire fraud and assisting in the preparation of a false return. 

Swartz worked as an unregistered investment advisor and fund manager and had a close personal relationship with his first victim, a resident of Madison. Beginning in January 2009, the victim made regular and periodic investments in Swartz’s investment fund with the understanding that Swartz was conservatively investing. 

Beginning in 2018, Swartz began misrepresenting the performance of the fund. When the fund lost significant value in February 2020 due to risky trades, Swartz lied to the victim about the fund’s performance and induced them to invest an additional $150,000. Swartz also produced a doctored Charles Schwab account statement for the fund and a phony K-1 for 2019.

Relying on the falsified document, on Oct. 12, 2020, the victim filed a 1040 for 2019 that substantially overreported capital gains, causing the victim to report owing an unjustified amount of federal income tax.

Swartz, who pleaded guilty in April, was also ordered to pay $181,915 in restitution to the victim.

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Bristol, Vermont: Jodi Lathrop has been sentenced to 15 months in prison following her guilty plea to charges of wire fraud and federal tax evasion.

In 2023, a federal grand jury returned an indictment charging Lathrop with 11 counts of mail and wire fraud, four of personal tax evasion and four of aiding the preparation of false corporate returns. Lathrop pled guilty to one count of wire fraud and one of tax evasion.

Between 2014 and 2020, she embezzled from Claire Lathrop Band Mill, a logging and wood chipping business, while serving as the company’s office manager and bookkeeper. She used company credit cards to make personal purchases and used company money to pay off personal credit cards and other personal expenses. Lathrop falsely recorded unauthorized checks in company books and caused the company to file returns that falsely deducted Lathrop’s personal expenses as legitimate business expenses.

She was also ordered to pay some $479,000 in restitution and a $15,000 fine and two years of supervised release after her prison term.

Rockwood, Pennsylvania: Resident Jason R. Svonavec has been sentenced to a year and one day in prison, to be followed by one year of supervised release, and ordered to pay a fine of $40,000 and restitution of $207,378 (which has already been paid) to the IRS on his conviction of tax evasion and filing false income tax returns.

Svonavec evaded taxes in 2017 by illegally expensing the construction of his home in Somerset, Pennsylvania, through entities he operates called Heritage Coal and Natural Resources LLC and Banshee Crane. In 2018, he filed a tax return reporting false tax deductions for Heritage Coal.

Scranton, Pennsylvania: Robert J. Powell, of Palm Beach, Florida, has pleaded guilty to tax evasion in connection with substantial legal fees he earned while associated with a local law firm.

Powell sought to dodge a substantial federal tax bill for 2016 by using nominee bank accounts, causing an accountant to file a request for a filing extension that falsely reported zero estimated tax liability for 2016 and making false statements during an IRS audit in 2019.

Powell’s license to practice law was suspended in 2009 and he was disbarred in 2015. In 2009 he relinquished his ownership of the Powell Law Group but retained the right to collect 90% of the remainder of any future fees collected by the firm after firm expenses.

The Powell Group represented thousands of plaintiffs in a mass tort litigation in 2015 for which Powell was expected to receive some $120 million in attorneys’ fees. Prior to the attorneys’ fees disbursement, the Powell Group and its co-counsel used those future legal fees as collateral to obtain a series of loans totaling more than $125 million.

Instead of depositing the loan money into the firm’s bank accounts and paying firm expenses, Powell directed the loans to nominee bank accounts under his control then used the money for personal debts and expenses, as well as his and his former law partner’s personal benefit. In June 2016, most of the attorneys’ fees were finally disbursed and the loans repaid. 

Still, Powell did not file a personal income tax return and pay taxes on the receipt of the fees in that year. After the initial disbursement and through October 2019, an additional $12 million in attorneys’ fees was distributed and the Powell Law Group’s share continued to be directed into nominee bank accounts that Powell controlled. Powell personally received an additional $3.6 million of the fees. For 2010 through 2022, Powell did not file income tax returns despite receiving and spending other personal income.

In 2019, when the IRS commenced an audit, he lied to revenue agents to conceal his income and expenditures for 2014 through 2016, claiming that his only source of funds were loan advances, that he and his spouse did not have signature authority or control over other bank accounts and that he had no ownership in any corporations.

Powell agreed to pay full restitution to the IRS.

Morgantown, West Virginia: Dr. David M. Anderson has admitted to filing a false return.

He filed false tax returns that understated his taxable income, causing a loss to the IRS of $143,599.

Anderson faces up to three years in prison. 

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Misunderstandings keep families from claiming tax credits

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Lack of awareness, fear of mistakes and penalties, and the cost of filing are preventing many families from claiming millions of dollars in tax credits, according to a new study.

The report, released Tuesday by the New Practice Lab at New America, surveyed over 5,000 respondents to learn why so many households fail to claim the Child Tax Credit, the Earned Income Tax Credit and other tax breaks that could help them.

Awareness gaps were a big barrier. Among households earning under $10,000 annually, 36% were unaware of any tax credits, more than double the rate among households earning over $150,000 (17%).

Misunderstanding their eligibility also kept many taxpayers from filing their annual returns. One-third of lower-income households earning under $26,000 who hadn’t filed taxes in the past three years said they didn’t file because they believed their income was too low. But within this group, 20% had earned income and 37% had children — factors that probably would have made them eligible for claiming the tax credits if they had filed.

Fear of making a mistake and being penalized for it was the most common barrier to filing a return, particularly among lower-income households. This fear had major consequences, as 61% of respondents who felt this way hadn’t filed tax returns in the past three years, and even when they did file, they were more likely to miss out on tax credits.

Filing a tax return can be expensive for families, forcing them to forgo other expenses in order to file. Even though 36% of survey respondents cited cost as a barrier, most had used professional tax help at some point due to concerns around navigating the process alone.

Accessing the right documents poses a challenge for taxpayers.Half of the survey respondents said they had trouble gathering the documents they needed to file their taxes, and 80% of those who faced documentation issues struggled with more than one type of document.

Most low-income households are already connected with other types of government support services, but tax credits feel like a separate disconnected area. The survey found 84% of households who had not filed taxes at all or irregularly in the past three years had participated in at least one other public support service during that same time period. 

“Accessing tax credits is often overwhelming and costly, creating unnecessary barriers for the families who need this support the most,” said Devyani Singh, lead author of the report, in a statement. “Tax credits can be a critical lifeline for families that are struggling financially, and it’s up to state Departments of Revenue to look at the process as a delivery issue. There’s no one-size-fits-all solution to increasing tax credit uptake; improving access requires a multipronged strategy combining personalized outreach, streamlined systems, and policies that meet families where they are.”

The report pointed out that such  factors are important for government agencies to consider, especially as the White House and some lawmakers in Congress express interest in increasing the amount families can get from the Child Tax Credit. However, the proposed shuttering of free tax-filing programs like Direct File, which New America was involved in studying, will make it harder for families to access these benefits. The tax reconciliation bill would also restrict access to claiming the Child Tax Credit to families with Social Security numbers as a way to deter immigrants from accessing such benefits.

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Senate panel grills IRS commissioner nominee Billy Long

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The Senate Finance Committee questioned Billy Young, President Trump’s nominee for Internal Revenue Service commissioner, about his plans for the beleaguered agency and promotion of dubious “tribal tax credits” and Employee Retention Tax Credits during a long-awaited confirmation hearing Tuesday after a series of acting commissioners temporarily held the role.

Trump announced in December he planned to name Long, a former Republican congressman from Missouri, as the next IRS commissioner, even though then-commissioner Danny Werfel’s term wasn’t scheduled to end until November 2027. Since then, the role has been filled by four acting commissioners who have faced pressures to accept drastic staff cuts at the agency and share taxpayer data with immigration authorities.

Long insisted during the confirmation hearing that he would defend the integrity of the IRS and maintain an open door policy, emulating the example of former commissioner Charles Rossotti, who served from 1997 to 2002.

“If confirmed, I will implement a comprehensive plan aimed at enhancing the IRS, but also one that develops a new culture at the agency,” he said in his opening statement. “I am eager to implement the necessary changes to maximize our effectiveness, while also remaining transparent with both Congress and taxpayers. It is important to also recognize the dedicated professionals currently at the IRS whose hard work too often goes unnoticed. It is my pledge that we will invest in retaining skilled members of the team. This does not mean a bloated agency, but an efficient one where employees have the tools they need to succeed.”

Committee chairman Mike Crapo, R-Idaho, expects to see changes at the agency. “Congressman Long is very clear that he will make himself available to all IRS employees, no matter their seniority,” Crapo said in his opening statement. “Moreover, he wants to implement a top-down culture change at the agency. This sea change will benefit American taxpayers, who too often view the IRS as foe, rather than friend. Congressman Long knows, from years of experience in the House, that to be a successful Commissioner, he must be a valuable partner in Congress’ efforts to ensure that new tax legislation is implemented and administered as Congress intends it to be.  I am also confident that he will be fully transparent and responsive to Congress and the American people.”

Sen. Ron Wyden, D-Oregon, the top Democrat on the committee, questioned Long about his promotion of “tribal tax credits” and the fraud-plagued ERTC. “Most of Congressman Long’s experience with tax issues came after he left Congress, when he dove headlong into the tax scam industry,” he said in his opening statement. “Cashing in on the credibility of his election certificates, he raked in referral fees steering clients to firms that sold faked tax shelters and pushing small businesses to unknowingly commit tax fraud.”

Wyden asked Long about the $65,000 he earned from referring friends to tax promoters who claimed they had acquired income tax credits issued to a Native American tribe and then sold the tax credits to investors. “There’s a problem. The IRS said in March that the credits do not exist. They’re fake. They are a scam. Now you’re asking to be put in charge of the IRS, and the IRS confirms that these aren’t real. Tell the committee, do you believe these so-called tribal tax credits actually exist?”

Long insisted his only involvement with the credit was to connect interested friends and offer to put them on a Zoom call with someone, but he was not on the Zoom calls himself. Wyden pressed him on whether the tax credits actually exist.

“I think the jury’s still out on that,” Long admitted. “I know since 2022 they’ve been accepting them, so now they claim that they’re not. I think that all this is going to play out, and I want to have it investigated, just as you do. I know you’re very interested in this subject. I am too.”

Wyden also asked about $165,000 in campaign donations that went to Long’s unsuccessful 2022 Senate campaign after Trump named him as the next IRS commissioner. Long insisted he had followed guidelines from the Federal Election Commission. “You know as well as I do, anytime you’re dealing with the FEC, you have to follow FEC guidelines, and that’s exactly what I did all the way,” he said.

Wyden then asked him about his work with promoters of the Employee Retention Tax Credit. “You stated on a YouTube video that everybody qualifies for the Employee Retention Tax Credit, and you urge listeners to ignore CPAs that said they didn’t qualify. Do you really think everybody qualifies?”

“If you listen to that video, I hate to correct you, but I didn’t say everyone qualifies,” Long responded. “I said virtually everyone qualifies, meaning most people.”

Sen. Elizabeth Warren, D-Massachusetts, and other Democrats also questioned Long about whether he would follow Trump’s orders to audit certain taxpayers or remove the tax-exempt status of organizations, even if it violated the law. Long insisted he would follow the law but declined to explicitly say whether he would defy an order from Trump.

“I don’t intend to let anybody direct me to start an audit for political reasons,” he said.

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Minnesota approves CPA licensure changes bill

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Minnesota approved a bill on Monday night to create additional pathways to CPA licensure, and it awaits the signature of Gov. Tim Walz.

As part of an omnibus bill, Senate File 3045, it creates two new pathways to CPA licensure: a bachelor’s degree plus two years of experience, or a master’s degree plus one year of experience. The new pathways will be effective Jan. 1, 2026. 

The bill sunsets the current 150-hour credit rule after June 30, 2030, and establishes automatic mobility and practice privileges one day following the bill’s ratification. All candidates must still pass all parts of the CPA exam.

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Minnesota State Capitol building in St. Paul

Jill Clardy/stock.adobe.com

“It’s a step forward in the right direction,” said Geno Fragnito, government relations director at the Minnesota Society of CPAs. “It allows some flexibility to hopefully bring in people who are on the fence about whether they could afford the extra year of education and whether the accounting profession fit into their long-term goals because of that.”

Generally, the governor has 14 days to act on the presented bill. Otherwise, without any action, the bill becomes law. Minnesota is one of more than a dozen states that have already passed changes to licensure requirements in an ongoing effort to address the profession’s talent shortage.

(Read more: “New ways to CPA”)

Minnesota was the first state to propose licensing changes in December 2022. 

“Initial strong opposition eventually turned into support as more professionals, state societies, universities, government entities and businesses rallied behind broadening pathways to CPA licensure with the first state, Ohio, passing its law in January,” said an MNCPA blog post.

“There were a lot of people — chairs ahead of me and other people on the board and at the Minnesota society — that have done a ton of work on this and really deserve a lot of credit for all of the conversations they had and the testifying they did,” said MNCPA chair Eric O’Link. “We’re very appreciative of our legislative sponsors and everybody who helped make it a reality.”

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