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Tax Fraud Blotter: Senate appropriations

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Checked out; nothing’s free; some days the Bear gets you; and other highlights of recent tax cases.

Tualatin, Oregon: Businessman David Katz has been sentenced to four years in prison and three years of supervised release and ordered to repay tens of millions of dollars for conspiring to defraud the United States and filing false currency transaction reports.

From January 2014 through December 2017, Katz, president of Check Cash Pacific Inc., conspired with others in the construction industry to facilitate under-the-table payments to workers. Sham companies were created and used to cash more than $177 million in payroll checks at different Check Cash locations, with the cash then used to pay construction workers with no taxes withheld or reported to the IRS. 

Hundreds of thousands of dollars of payroll checks were cashed daily and Katz was aware that at least one of his co-conspirators used a false name and Social Security number. Acting as compliance officer, Katz allowed hundreds of false regulatory reports to be filed knowing they contained the fake identity.

Katz received a 2% commission on each transaction, which, in total, amounted to more than $4 million. He and his co-conspirators prevented the IRS from collecting more than $44 million in payroll and income taxes.

Katz, found guilty in June, was also ordered to pay $44,877,254 in restitution to the IRS.

Trenton, New Jersey: CPA and tax preparer Ralph Anderson has been sentenced to two years in prison for his role in the promotion and sale of abusive syndicated conservation easement shelters.

He worked for accounting firms in New Jersey and New York. From around 2013 to 2019, he promoted and sold tax deductions to high-income clients in the form of units in illegal syndicated conservation easement tax shelters created by convicted co-conspirators Jack Fisher and James Sinnott.

The charitable deductions purchased by clients were derived from the donation of land with a conservation easement or the land itself to a charity, and the deductions were based on fraudulently inflated appraisals for the donated land. Anderson and the promoters promised clients “4.5 to 1” in deductions for every dollar paid into the shelter. In some instances, Anderson and his co-conspirators also instructed and caused clients to falsely backdate documents.

Each year from 2013 to 2019, Anderson and his co-conspirators assisted clients with claiming these false deductions on their returns. In total, Anderson assisted in preparing returns for clients that claimed more than $9.3 million in false charitable deductions based on backdated documents, which caused a tax loss to the United States of nearly $3 million.

Between approximately 2016 and 2019, Anderson earned more than $300,000 in commissions for promoting and selling illegal shelters to his clients. He also claimed false deductions for charitable contributions generated from the shelters that he received as “free units” on his own returns and fraudulently reduced his own taxes on his income from the scheme.

Anderson, who previously pleaded guilty, was also ordered to serve three years of supervised release and pay $3,543,005.53 in total restitution to the IRS and the Small Business Administration.

The scheme resulted in more than $1.3 billion in fraudulent deductions and caused more than $400 million in tax loss to the IRS. Fisher and Sinnott were previously sentenced; nine additional defendants pleaded guilty to the scheme, including six CPAs, two attorneys and an appraiser. 

Fitchburg, Massachusetts: Former Massachusetts State Senator Dean A. Tran has been sentenced to 18 months in prison, to be followed by two years of supervised release.

Convicted last year, Tran served as an elected member of the Massachusetts State Senate from 2017 to January 2021. After his term ended, Tran fraudulently received pandemic unemployment benefits while simultaneously employed as a paid consultant for a New Hampshire-based retailer of automotive parts; Tran fraudulently collected $30,120 in pandemic unemployment benefits.

He concealed $54,700 of that consulting income on his 2021 federal income tax return, in addition to thousands of dollars that he concealed from the IRS while collecting rent from tenants who rented his local property from 2020 to 2022.

Tran was also ordered to pay $25,100 in restitution to the Massachusetts Department of Unemployment Assistance and $23,327 to the IRS, as well as a $7,500 fine and an assessment of $2,300.

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Miami: A federal court has issued a permanent injunction against tax preparer Dieuseul Jean-Louis that bars him from preparing or assisting in preparing federal income tax returns, working for or having any ownership stake in any tax prep business, assisting others to set up business as a preparer, and transferring or assigning customer lists to any other person or entity.

Jean-Louis, d.b.a. DJL Multi-Services, prepared returns for clients that claimed, without clients’ knowledge, various false or fabricated deductions and credits, including false charitable and mortgage interest deductions, fake or inflated business expenses, and fraudulent claims for the Fuel Tax Credit and American Opportunity Credit. The complaint further alleged that Jean-Louis falsified clients’ income and filing statuses to increase the amount of the Earned Income Tax Credit, and that Jean-Louis has prepared thousands of returns for clients for more than a decade.

The complaint asserted that Jean-Louis furnished clients with copies of returns that were different from the returns filed with the IRS where the latter claimed a higher refund, which allowed Jean-Louis to retain the additional amount without clients’ knowledge.

The court also ordered Jean-Louis to disgorge $245,275 that he’d received from his tax prep business. He agreed to both the injunction and the disgorgement.

Rumford, Maine: Business owner Jeffrey Richard has been sentenced to a year and a day in prison, to be followed by three years of supervised release, for evading employment taxes.

Between 2013 and 2017, Richard attempted to evade employment withholding taxes owed by his company, Black Bear Industrial, by regularly using money from the business bank account to make business and personal purchases while making no payments toward Black Bear’s tax liability.

He also created two nominee companies and took steps to disguise his ownership of the companies, lying to an IRS officer that he had anything to do with one of them. The other company did business and had more than $174,000 of business income in 2017, but none of the money was used to pay the IRS. Richard never informed the IRS about the company, and the company never filed corporate or employment tax returns.

Richard, who pleaded guilty in 2023, was also ordered to pay $910,980.37 in restitution to the IRS.

Vancouver, Washington: Unlicensed tax preparer Saul Valdez, owner of a business that sought to assist immigrants with a variety of services, has been sentenced to nine months in prison and four months of home confinement for tax fraud.

He operated Conexion Latina and used such programs as TaxAct and TurboTax to prepare taxes. He led his immigrant clients to believe he was filling out their tax forms correctly. Instead, from 2016 through 2018, he inserted a variety of false deductions and expenses on returns.

For tax year 2017, he claimed false and fraudulent expenses, donations and credits on 36 returns, causing a tax loss of $54,045. 

Valdez, who pleaded guilty in 2023, has agreed to pay that in restitution and admits that the total tax loss for his fraud is $1,293,921.

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Tax Fraud Blotter: Sick excuses

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By any other name; poor Service; a saga continues; and other highlights of recent tax cases.

Rockford, Illinois: Tax preparer Gretchen Alvarez, 49, has pleaded guilty to preparing and filing false income tax returns.

She operated the tax prep business Sick Credit Repair Tax and Legal Services and represented herself as an income tax preparer. Alvarez did not have a PTIN and admitted that in 2019 and 2020 she misrepresented taxpayers’ eligibility for education credits and deducted fictitious business expenses from their taxable income to reduce tax liabilities and inflate refunds.

The tax loss totaled $356,881.

Sentencing is Sept. 17. Alvarez faces a maximum of three years in prison and a fine of up to $100,000.

Bangor, Maine: Paul Archer, a Florida resident formerly of Hampden and Orrington, Maine, has pleaded guilty to attempting to evade federal taxes and engaging in fraudulent transfers and concealment in a bankruptcy proceeding.

He operated an online marketing business for software installation, earning several million dollars from 2013 through 2015. After an IRS audit in 2016 assessed a federal tax debt totaling some $1 million, Archer concealed and transferred assets through two LLCs he controlled and began using third-party bank accounts to evade paying the tax debt. From April 2018 through November 2019, he transferred and concealed assets and income by using a series of bank accounts held in the names of Max Tune Up LLC; Stealth Kit LLC; his father; and his spouse. 

In March 2019, Archer filed for Chapter 7. In his paperwork and court statements, he falsely claimed less than $50,000 in assets; a single checking account; no other assets or property interests; no recent asset transfers; and no connections to any businesses or memberships in any LLCs. 

He faces up to five years in prison and a fine up to $250,000 on each of the two charges to which he pleaded guilty. Any sentence will be followed by up to three years of supervised release.

Fort Wayne, Indiana: Rakita Davis, 45, a former IRS employee, has been sentenced to two years of probation and ordered to pay $55,213.61 in restitution to the Small Business Administration after pleading guilty to wire fraud associated with pandemic relief.

Davis falsely claimed gross income for a business that did not exist when she applied for two Paycheck Protection Program loans in 2021. Employed by the IRS when she applied for the loans, Davis lied that she was the sole proprietor of a catering business when no such business existed. She received PPP funds that she spent on such personal items as jewelry, airfare, luxury car rentals and vacations.

Charleston, West Virginia: Business owner Luther A. Hanson has been sentenced to three years of probation and fined $5,000 for willful failure to pay over taxes.

From at least 2015 to September 2020, Hanson, who previously pleaded guilty, did not withhold or pay over some $149,905.38 in employment taxes to the IRS for two employees of his accounting businesses. Hanson owns and operates The Estate Planning Group Inc. and L.A. Hanson Accounting Services; the two employees provided accounting services for both.

Hanson admitted that prior to June 30, 2015, he and the two employees agreed that he would begin treating them as independent contractors. He also admitted that he knew this arrangement would relieve him of paying the employer portion of the employment taxes and of the employees’ withholdings. Neither employee changed their job duties.

He admitted that he knew that neither was an independent contractor while he paid each by check throughout their employment. Hanson further admitted that he did not pay the trust fund taxes to the IRS nor the employer’s share of employment taxes for the two employees each quarter during the arrangement.

The court previously determined that Hanson owed $146,771.37 to the U.S. after his scheme; Hanson paid that amount before sentencing. One of the employees paid a portion of the taxes owed, resulting in the adjusted figure of restitution Hanson owed.

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Oakland, New Jersey: Business owner Walter Hass, of Hewitt, New Jersey, has been sentenced to four years in prison for his role in a $3.5 million payroll tax scheme.

Hass owned and operated a shipping and logistics company and since 2014 has operated the company under three different names. He failed to collect, account for and pay over payroll taxes to the IRS on behalf of each of these companies from 2014 to 2022, a total of at least $3.5 million.

Hass used company money to fund his personal lifestyle, including the purchase of luxury vehicles, high-end watches and jewelry, designer clothing, tickets to sporting events, home renovations, vacations, water sports vehicles and extravagant meals.

After signing his guilty plea in October 2023, he embarked on a campaign to avoid responsibility for his conduct. He lied to the court, to the U.S. Probation Office and to the government about a purported cancer diagnosis to delay the entry of his guilty plea and his sentencing. Hass fabricated three letters from physicians asserting that he had medical conditions, including kidney cancer, that prevented him from attending court proceedings. Hass did not have cancer and attempted to travel throughout the country and around the world during this time. 

Hass was also sentenced to three years of supervised release and ordered to pay $3,527,645 in restitution.

Atlanta: Attorney Vi Bui has been sentenced to 16 months in prison for obstructing the IRS in connection with his participation in the promotion of abusive syndicated conservation easement tax shelters.

Bui, who previously pleaded guilty, was a partner at the firm Sinnott & Co. and beginning at least in 2012 and continuing through at least May 2020 participated in a scheme to defraud the IRS by organizing, marketing, implementing and selling illegal syndicated conservation easement tax shelters created and organized by co-conspirators Jack Fisher, James Sinnott and others. (Fisher and Sinnott were convicted and sentenced to prison in January 2024.)

The scheme entailed creating partnerships that bought land and land-owning companies and donated easements over that land or the land itself. Appraisers generated fraudulent and inflated appraisals of the easements, and the partnerships then claimed a charitable contribution deduction based on the inflated value. Bui knew that to make it appear that the participants had timely purchased their units in the shelters, Fisher, Sinnott and others backdated and instructed others to backdate documents, including subscription agreements and checks.

Bui anticipated that the transactions would be audited. He and others created and disseminated lengthy documents disguising the true nature of the transaction, instituted sham “votes” for what to do with the land that the partnership owned despite knowing that outcome was predetermined, and falsified paperwork such as appraisals and subscription agreements. Bui earned substantial income for his role in the scheme.

He also used the fraudulent shelters to evade his own taxes, filing personal returns from 2013 through 2018 that claimed false deductions from the shelters.

He was also ordered to serve a year of supervised release and to pay $8,250,244 in total restitution to the IRS.

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ISSB standards adopted more widely across globe

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The International Financial Reporting Standards Foundation has posted profiles of 17 of the 36 jurisdictions around the world that have either adopted or used International Sustainability Standards Board disclosures or are in the process of finalizing steps to introduce the IFRS Sustainability Disclosure Standards in their regulatory frameworks.

The jurisdictional profiles include information about each jurisdiction’s stated target for alignment with ISSB standards and the current status of its sustainability-related disclosure requirements. 

“Why is the IFRS Foundation publishing these jurisdictional profiles, which set out by country or jurisdiction their approach to sustainability reporting. It’s really because we see this as part of our commitment to provide transparency to the market,” said ISSB vice chair Sue Lloyd during a press briefing. “It’s all very well talking about the use of our standards, but we know that different jurisdictions have made different decisions. They’re adopting the standards at a different pace, and by providing these profiles, we want to provide clarity, particularly for investors who are going to be relying on understanding the comparability of information between jurisdictions, to alert them to the similarities and differences in approach and to describe the extent to which we are achieving the global comparability that we have been working toward with the ISSB standards.”

She noted that the ISSB’s sister board, the International Accounting Standards Board, has also been publishing profiles on how different countries are complying with IFRS. In this case, it’s about sustainability reporting.

The profiles are accompanied by 16 snapshots that provide a high-level overview of other jurisdictions’ regulatory approaches that are still subject to finalization. Of the 17 jurisdictions profiled, 14 have set a target of “fully adopting” ISSB standards, two have set a target of ‘adopting the climate requirements’ of ISSB standards, and one targets “partially incorporating” ISSB Standards. The profiled jurisdictions cover Australia, Bangladesh, Brazil, Chile, Ghana, Hong Kong, Jordan, Kenya, Malaysia, Mexico, Nigeria, Pakistan, Sri Lanka, Chinese Taipei, Tanzania, Türkiye and Zambia.  

Accounting Today asked Lloyd about the United States, where the Securities and Exchange Commission’s climate reporting rule is on hold amid a spate of lawsuits and Trump administration policy on environmental issues.

“What we are seeing continue to be the case in the U.S. is very strong investor interest in sustainability information, including from the use of the ISSB standards,” Lloyd said. “We also have interest from companies who can choose to provide the information using our standards. Of course, many companies in the U.S. in the past have chosen to use the Sustainability Accounting Standards Board standards voluntarily, so that sort of voluntary adoption momentum is something we still see from the company and the investor side.”

“I think it’s also important to remember that the SEC just recently reconfirmed that if information on things like climate is material, there’s already a requirement to provide material information in accordance with existing requirements in place,” she continued. “And the last thing I’d note on the U.S. front is that while the SEC has indeed moved away from their proposed rule, we do see action at a state level, including, for example, in California, where the CARB [California Air Resources Board] is looking at climate disclosures, including the potential to allow the use of the ISSB standards to meet those requirements, so we see progress, but in different ways perhaps.”

The ISSB inherited the Sustainability Accounting Standards Board standards as part of a consolidation in 2022. Besides California, a number of U.S. states are considering requiring climate-related reporting, including New York. Both the California law and a bill in New York address disclosure of climate risks and directly refer to ISSB standards. Other states, including Illinois, New Jersey and Colorado, are also considering climate reporting, and some reporting is also required under a Minnesota law. 

Of the 16 jurisdictional snapshots published by the IFRS Foundation, 12 propose or have published standards (or requirements) that are fully aligned with ISSB standards (such as Canada) or are designed to deliver outcomes functionally aligned with those resulting from the application of ISSB standards (such as Japan). Three propose standards (or requirements) that incorporate a significant portion of disclosures required by ISSB standards, and one is considering allowing the use of ISSB standards. For these jurisdictions, their target approach to adoption is yet to be finalized. Once jurisdictions have finalized their decisions on adoption or other use of ISSB standards, the IFRS Foundation plans to publish a profile for these jurisdictions.   

“The ISSB standards are bringing clarity to investors on the risks and opportunities lying in value chains across time horizons in a rapidly changing world,” said ISSB chair Emmanuel Faber in a statement Thursday. “A year ago, we committed to publishing detailed jurisdictional profiles describing adoption of our standards to complement our Inaugural Jurisdictional Guide. The profiles provide a detailed current state-of-play to investors, banks, and insurers who continue to struggle with the lack of appropriate, comparable and reliable information on these critical factors affecting business prospects. We have seen new jurisdictions joining the initial cohort of ISSB adopters every month, with a total of 36 today.” 

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IRS extends deadline on crypto broker reporting and withholding

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The Treasury Department and the Internal Revenue Service are giving cryptocurrency brokers additional time to comply with requirements to report on digital asset sales and withhold taxes.

In Notice 2025-33, they extended and modified the transition relief provided last year in Notice 2024-56 for brokers who are required to file Form 1099-DA, Digital Asset Proceeds From Broker Transactions to report certain digital asset sale and exchange transactions by customers.

In 2024, Treasury and IRS announced final regulations requiring brokers to report digital asset sale and exchange transactions on Form 1099-DA, furnish payee statements, and backup withhold on certain transactions starting Jan. 1, 2025. The IRS also announced in Notice 2024-56 transition relief from penalties related to information reporting and backup withholding tax liability required by these final regulations for transactions effected during 2025. Notice 2024-56 also provided limited transition relief from backup withholding tax liability for transactions effected in 2026.

The IRS said it has received and carefully considered comments from the public about the transition relief provided in Notice 2024-56 indicating that brokers needed more time to comply with the reporting requirements; today’s notice addresses those comments.

In the new Notice 2025-33, the Treasury and the IRS extended the transition relief from backup withholding tax liability and associated penalties for any broker that fails to withhold and pay the backup withholding tax for any digital asset sale or exchange transaction effected during calendar year 2026.

The Trump administration has been notably more supportive of the crypto industry since taking office, relaxing guidance at the Securities and Exchange Commission as well.

The notice also extends the limited transition relief from backup withholding tax liability for an extra year. That means brokers won’t be required to backup withhold for any digital asset sale or exchange transactions effected in 2027 for a customer (payee), if the broker submits that payee’s name and tax identification number to the IRS’s TIN Matching Program and receives a response that the name and TIN combination matches IRS records. They’re also granting relief to brokers that fail to withhold and pay the full backup withholding tax due, if the failure is due to a decrease in the value of withheld digital assets in a sale of digital assets in return for different digital assets in 2027, and the broker immediately liquidates the withheld digital assets for cash.

This notice also includes more transition relief for brokers for sales of digital assets effected during calendar year 2027 for certain customers that haven’t been previously classified by the broker as U.S. persons. 

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