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Tax Fraud Blotter: Pro and con

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J’accuse; just a little boost; independent thinking; and other highlights of recent tax cases.

Los Angeles: A wholesale clothing importer and two of its executives have been found guilty of avoiding the payment of more than $8 million in customs duties and of running a scheme in which the company laundered money and failed to report more than $17 million from cash transactions.

A jury has found the following guilty:

  • C’est Toi Jeans, which imported apparel and exported clothing;
  • Si Oh Rhew, of La Cañada Flintridge, California, C’est Toi’s president and a majority owner of the company; and,
  • Lance Rhew, of Los Angeles, Si Oh Rhew’s son, a C’est Toi corporate officer and the owner of another Los Angeles-based company, GLLR Inc., that did business as C’est Toi.

The jury found C’est Toi and Si Oh Rhew guilty of two conspiracies and multiple counts of failure to file reports of currency transactions over $10,000 in a trade or business. The jury also found all three defendants guilty of three counts of entry of falsely classified goods, three counts of entry of goods by means of false statements, three counts of passing false and fraudulent papers through a customhouse and two counts of international promotional money laundering.

C’est Toi was found guilty of an additional two concealment money laundering counts involving drug proceeds. Si Oh Rhew was found guilty of an additional two counts of aiding, assisting and procuring the filing of a false return. Lance Rhew was found guilty of one additional count of aiding, assisting and procuring the filing of a false return; Lance Rhew was also found guilty of one conspiracy count.

C’est Toi was owned by Si Oh Rhew and his wife and received bulk cash from drug trafficking as payment for customer invoices. The company and Si Oh Rhew failed to file currency transaction reports and concealed the cash receipts from an accountant who prepared their taxes, which led to the fraudulent omission of more than $17 million in gross sales from returns filed with the IRS. The defendants also avoided customs duties and tariffs by purchasing garments from overseas manufacturers, including from China, but then submitting false information to U.S. Customs and Border Protection. Overall, C’est Toi imported goods that were undervalued by more than $51 million, causing approximately $8.4 million in unpaid tariffs and duties.

Sentencing is Jan. 21, when the Rhews will each face decades in prison and the company will face fines of as much as $100 million.

Roanoke, Virginia: Resident Alisha Warrick, 40, who pleaded guilty last year to wire fraud, distributing fentanyl and illegally selling firearms, has been sentenced to 10 years in prison.

Beginning in 2015 and continuing at least through 2019, Warrick prepared and filed tax returns for others and included false and fraudulent information in the returns. She would “boost” the returns by including false employment and wage information or false information about dependents, or both. Warrick also filed returns for some individuals without their knowledge and used those individuals’ names and personal ID information to file.

While on bond pending trial, Warrick arranged to sell heroin (which later testing showed to contain fentanyl) and two firearms, one of which was connected to a prior fatal shooting in the Roanoke area.

West Orange, New Jersey: Tax preparer Michael Ewell Sr., of Milford, Pennsylvania, has been sentenced to a year and a day in prison and a year of supervised release, according to news reports that added that his tax prep businesses filed returns with false information.

Ewell, who previously pleaded guilty, owned Ewell Tax Center and between 2015 and 2022 prepared 157 income tax returns that contained false information, according to cited IRS information, adding that the exaggerated returns resulted in an additional $824,835 in refunds. The false information reportedly included itemized deductions, business expenses and education credits.

On his personal returns between 2017 and 2020, he also underreported his company’s gross revenue by $81,116 and exaggerated its business expenses by $6,338, causing him to avoid paying about $118,000 in taxes, officials told news outlets.

Ewell will also have to pay $736,581 in restitution and is barred from preparing an income tax return for anyone except for himself, reports added.

Hands-in-jail-Blotter

Woodbridge, New Jersey: Accountant Thomas Kohutich, 34, has been sentenced to a year and a day in prison for filing false returns.

A former accountant for a New Jersey-based manufacturing company, he filed 1040s for 2018 and 2019 on his and his wife’s behalf. He failed to report funds that he embezzled from his former employer and which he knew constituted reportable income.

Kohutich, who previously pleaded guilty, was also sentenced to one year of supervised release and ordered to pay $234,821 in restitution to the IRS and $829,457 to his former employer.

Charleston, West Virginia: Accountant Luther A. Hanson has pleaded guilty to willful failure to pay over taxes.

From at least 2015 to September 2020, Hanson did not withhold or pay over some $149,905.37 in federal employment taxes for two employees of his accounting services businesses. Hanson owns and operates The Estate Planning Group Inc. and L.A. Hanson Accounting Services; the two employees provided services for both.

Hanson admitted that some time before June 30, 2015, he and the two employees agreed that he would begin treating them as independent contractors. Hanson knew this arrangement would relieve him of paying the employer portion of the employment taxes to the IRS and of withholding from the two employees. Hanson paid gross wages by check to the employees though neither changed their job duties or responsibilities.

Sentencing is Jan. 30. Hanson faces up to five years in prison, up to three years of supervised release and a $250,000 fine. He also owes restitution.

Somerville, Massachusetts: Tax preparer Yves Isidor, 68, has been convicted of preparing false returns. He was convicted of five counts and acquitted on one count.

From at least 2012 through 2020, Isidor operated a tax prep business under the name Tax and Realty Pro to file more than 1,200 returns in the names of clients, charging $100 to $500 per return. Isidor added false information to six returns to claim deductions for fictitious medical and dental expenses, gifts to charities and unreimbursed employee business expenses, resulting in inflated refunds or falsely lower tax liabilities.

Six taxpayers testified that Isidor had never discussed the false items with them, and they were not aware he had inserted them into their returns. An undercover agent also testified that he was present and observed the defendant create a false return.

The counts of aiding and assisting in the filing of false federal returns each provide for up to three years in prison, a year of supervised release, a fine of $250,000 and restitution. Sentencing is Feb. 6.

Miami: A federal district court has issued a permanent injunction against tax preparer Niclas Pierre and his prep business, Niclas Tax and Express Inc., and a permanent injunction against Elius Bessard and his prep business, Bessard Immigrations and Tax Services LLC.

The injunctions bar Pierre and Bessard from preparing returns, working for or owning a tax prep business, assisting others to prepare returns, or transferring a list of clients. The court also ordered Pierre to pay $563,000 and Bessard $208,000 in gains received from their tax prep businesses. Pierre and Bessard each agreed to both the injunction and the order to pay.

The complaint alleged that the two prepared returns claiming false or fabricated deductions and credits, including fabricated residential energy credits, false and fraudulent deductions, and inflated business expenses. Pierre and Bessard each prepared more than 1,000 returns for clients over the past six years.

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Terror suspects share strange similarities; FBI sees no link

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One suspect in the two New Year’s Day incidents being probed as terror attacks was a former U.S. Army sergeant from Texas who recently worked for Big Four firm Deloitte. The other was a U.S. Army special forces sergeant from Colorado on leave from active duty.

Law enforcement officials on Thursday said there appears to be no definitive link between the two deadly events: a truck attack in New Orleans that left at least 15 dead and the explosion of a Tesla Cybertruck outside of President-elect Donald Trump’s hotel in Las Vegas that killed the driver and injured seven. 

But in addition to the military backgrounds of the suspects — they both served in Afghanistan in 2009 — on the day of the attacks they shared at least one other striking similarity: Both men used the same rental app to obtain electric vehicles. 

The driver of the Cybertruck was identified as Matthew Alan Livelsberger of Colorado Springs. He rented the Cybertruck on Turo, the app also used by Shamsud-Din Jabbar, the suspect in the separate attack in New Orleans hours earlier. Turo said it was working with law enforcement officials on the investigation of both incidents.

There are “very strange similarities and so we’re not prepared to rule in or rule out anything at this point,” said Sheriff Kevin McMahill of the Las Vegas Metropolitan Police Department.

The gruesome assault on revelers celebrating New Year’s in New Orleans’ famed French Quarter and the explosion in Las Vegas thrust U.S. domestic security back into the spotlight just weeks before Donald Trump is sworn in as president.

Texas roots

As authorities combed through the macabre scene on Wednesday in New Orleans’ historic French Quarter, they said they discovered an ISIS flag with the Ford F-150 electric pickup truck that barreled through the crowd. Two improvised explosive devices were found in the area, according to the FBI.

Jabbar had claimed to join ISIS during the summer and pledged allegiance to the group in videos posted on social media prior to the attack, according to the FBI. An official said there’s no evidence that ISIS coordinated the attack.

Officials said the 42-year-old Jabbar, who lived in the Houston area, exchanged fire with police and was killed at the scene.

Jabbar has said online that he spent “all his life” in the Texas city, with the exception of 10 years working in human resources and information technology in the military, according to a video promoting his real estate business.

After serving as an active-duty soldier from 2006 to 2015 and as a reservist for about five years, Jabbar began a career in technology services, the Wall Street Journal reported. He worked for Accenture, Ernst & Young and Deloitte.

Jabbar was divorced twice, most recently from Shaneen McDaniel, according to Fort Bend County marriage records. The couple, who married in 2017, had one son, and separated in 2020. The divorce was finalized in 2022. 

“The marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation,” the petition stated.

McDaniel kept the couple’s four-bedroom home southwest of Houston. She declined to comment when contacted at her house in suburban Houston.

Fort Bragg

Jabbar moved to another residence in Houston, which the FBI and local law enforcement spent all night searching before declaring the neighborhood of mobile homes and single-story houses safe for residents. Agents cleared the scene shortly before 8 a.m. local time without additional comment.

Jabbar’s mobile home is fronted by an 8-foot corrugated steel fence that was partially torn apart to provide search teams access. Weightlifting equipment and a bow hunting target were scattered across the broken concrete walkway. Chickens, Muscovy ducks and guinea fowl roamed the property.

Behind the home, a yellow 2018 Jeep Rubicon sat with its doors left wide open and a hardcover book written in Arabic sitting atop the dashboard. The license plate expired in May 2023.

The other suspect, Livelsberger, was a member of the Army’s elite Green Berets, according to the Associated Press, which cited unidentified Army officials. He had served in the Army since 2006, rising through the ranks, and was on approved leave when he died in the blast.

Livelsberger, 37, spent time at the base formerly known as Fort Bragg, a massive Army base in North Carolina that’s home to Army special forces command. Jabbar also spent time at Fort Bragg, though his service apparently didn’t overlap with Livelsberger’s.

Las Vegas Sheriff McMahill said they found his military identification, a passport, a semiautomatic, fireworks, an iPhone, smartwatch and credit cards in his name, but are still uncertain it’s Livelsberger and are waiting on DNA records.

“His body is burnt beyond recognition and I do still not have confirmation 100% that that is the individual that was inside our vehicle,” he said. 

The individual in the car suffered a gunshot wound to his head prior to the detonation of the vehicle.

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FASB seeks feedback on standard-setting agenda

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The Financial Accounting Standards Board today asked stakeholders for feedback on its future standard-setting agenda. 

The FASB published an Invitation to Comment and is requesting feedback on improvements to financial accounting and reporting needed to give investors more and better information that informs their capital allocation decision-making, reduce cost and complexity, and maintain and improve the FASB accounting standards codification. 

Stakeholders should review and submit feedback by June 30.

Financial Accounting Standards Board offices with new FASB logo sign.jpg

Patrick Dorsman/Financial Accounting Foundation

“As a result of the significant progress on the 2021 agenda consultation priorities, the FASB staff is once again seeking stakeholder input on the Board’s future agenda and initiatives,” FASB technical director Jackson Day said in a statement. “We encourage stakeholders to take this opportunity to review the ITC and share their views on financial accounting and reporting priorities they think the Board should address going forward.”

The FASB began the current agenda consultation in 2024, doing outreach to over 200 stakeholders, including investors, practitioners, preparers and academics. The discussion in this ITC is based on input received from those stakeholders and does not contain FASB views. Most of those stakeholders said “there is not a case to make major changes to generally accepted accounting principles at this time,” according to the announcement, so many of the topics that were suggested focus on targeted improvements to GAAP.

The board encourages stakeholders to continue to submit agenda requests about needed improvements to GAAP as they arise.

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Will auditors embrace AI or fall behind?

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The traditionally static field of auditing is on the edge of an industry-changing transformation, thanks to AI. 

As pattern-learning AI machines quickly incorporate themselves into industry after industry, auditing is next in line. Industry giants like the Big Four and Wolters Kluwer are already using AI in their reporting functions. According to a Thomson Reuters Institute 2024 survey of audit professionals, 74% of firms are considering adding progressive technologies like generative AI to their auditing workflows. 

As more firms and companies adopt AI in their accounting processes, it signals a significant step toward a new era in which intelligence technology can take over tasks that are too time-consuming and repetitive, allowing for more complex tasks from human counterparts.  

Rather than resisting, the industry should welcome this evolution. AI is not a replacement but a partner, enhancing the value auditors bring by handling routine tasks with precision, allowing professionals to focus on areas where human judgment and creativity are irreplaceable.

Where AI fits into the current state of auditing

The average auditor typically spends their days conducting data analysis, monitoring for fraud, reviewing accounts, gauging risks and financially planning accounts. However, firms are struggling to keep their employment up, snowballing into less accurate data reporting. 

According to Forbes, in 2023, 720 companies cited insufficient staff in accounting and other related departments as a reason for data errors being up more than in previous years. 

Even as roles in finance continue to rank among the top earners in the job market, less and less qualified professionals are interested in taking on all of the tasks this career entails. This leaves high-level and top-paid professionals juggling repetitive tasks, day in and day out, eating up time that could be utilized in better ways. It’s no surprise that the main conversation around careers in finance is centered upon work-life balance or the lack thereof. As workplace demands continue to rise, so do simple data-error mistakes. 

When incorporating AI into the auditing process, we’re able to better predict security anomalies and solve the answers to repetitive, time-sensitive data needs. For example, instead of waiting until the end of each month for irregularities, AI systems can provide real-time updates. 

New workplace dynamics

Auditors are no longer confined to static reports; they now have the power to leverage AI for real-time analyses, instant anomaly detection and precise financial risk forecasting — capabilities that are revolutionizing the field today. By automating routine tasks, AI empowers auditors to dedicate their expertise to high-value areas like complex financial planning and strategic advisory, where human insight remains indispensable.

Moreover, advances in technology are reshaping how auditors interact with financial data. Instead of relying on accountants as intermediaries, auditors can now engage directly with a company’s data through intuitive, AI-powered interfaces similar to chat support. These systems enable auditors to ask questions and receive immediate, precise answers, streamlining workflows and enhancing their ability to deliver timely, actionable insights.

By automating repetitive processes, firms can allocate more resources to addressing complex challenges that demand advanced analysis and strategic thinking. This shift enhances the depth and accuracy of client engagements, enabling faster, more insightful feedback and stronger client relationships. Additionally, these innovations drive higher standards of service delivery, positioning firms as forward-thinking leaders in the field. 

The skills needed to keep up

While AI’s ability to automate routine tasks allows professionals to concentrate on more strategic, high-level responsibilities, it also introduces new challenges that must be addressed. As technology continues to evolve, navigating these obstacles will be key to ensuring long-term success and innovation in the industry.

Organizations urgently need to prioritize upskilling their workforce, with 23% of finance professionals highlighting the lack of training in critical infrastructure. Without addressing this gap, even the most innovative technologies risk underutilization, hindering the industry’s progress toward a secure and data-driven future.

Additionally, the finance industry must focus on strengthening data security measures and upholding ethical standards in the use of AI systems. If these areas are ignored, the industry risks eroding trust, facing heightened vulnerabilities and compromising long-term innovation. 

Despite these hurdles, the move toward AI-driven workflows signals the dawn of a new era, where collaboration between advanced technology and human expertise drives innovation and redefines the value of financial professionals in a rapidly changing landscape.

Embracing the impact

AI could be coming for the audit industry, not as a threat, but as the greatest asset of this new era. The value of adding AI to the audit process goes beyond efficiency, but solves a bigger industry problem as a whole. 

If institutions want to stay ahead, the answer to their problems is right in front of our faces, and slowly being incorporated into the workflows of industries across the landscape every day. We shouldn’t run from this innovation, but instead embrace it and prepare our workforce for the skills needed to thrive in this new world. 

As we embrace innovation and AI, our employers and customers will thank us.

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