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Tax Fraud Blotter: State of crisis

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Tax Fraud Blotter: State of crisis

Fictitious relatives; countless meals; the road to Morocco; and other highlights of recent tax cases.

Kennedale, Texas: Tax preparer Anthony “Tony” Floyd, 51, who previously pleaded guilty to a $2.6 million tax fraud, has been sentenced to 77 months in prison.

He filed some 400 fraudulent returns that included false information designed to inflate refunds. He recruited victim “clients” outside big box stores and through other clients obtained victims’ personal information, such as income and deduction information, via text or cell phone conversations, rarely meeting clients in person. Floyd submitted the returns without reviewing them with the taxpayer and then diverted all or most of the refund to his own account.

The tax filings included falsified W-2s for individuals purportedly working in catering, lawn care, event planning, interior décor and other professions and included nonexistent charitable deductions, non-existent college attendance and fictitious relatives. The tax loss to the U.S. exceeded $2.6 million.

Floyd was also ordered to pay more than $1.9 million in restitution.  

Philadelphia: Abdur Rahim Islam, former CEO of Universal Community Homes and Universal Education Companies, has been sentenced to 84 months in prison, to be followed by three years of supervised release, for his convictions on 18 fraud, corruption and tax charges.

Islam was convicted on charges that he stole more than half a million dollars from the two charities that were established to develop affordable housing and manage charter schools in Philadelphia. The jury also convicted Islam on charges that he bribed the president of the Milwaukee public schools board of directors and cheated on six years of personal income taxes.

The jury also convicted Islam and his co-defendant, former Universal CFO Shahied Dawan, of conspiring to defraud the federal government by impeding, impairing, obstructing and defeating functions of the IRS.

Islam and Dawan used their positions at Universal to pay themselves unauthorized bonuses and to pay Islam “expense reimbursement” checks, which included payments for such purely personal expenses as trips to Caribbean resorts, family vacations, travel upgrades, Broadway shows, personal gym memberships, cellphone bills, and countless meals at restaurants with friends and family members.

Islam and Dawan hid these illegal payments from the IRS, which enabled Islam to cheat on six years of personal income taxes. Islam also bribed Dr. Michael Bonds, the former president of the Milwaukee public schools board of directors, in return for political favors. Bonds has since pleaded guilty to the bribery scheme and awaits sentencing.

Dawan has been sentenced to 18 months in prison, a year of supervised release and a $15,000 fine; he must also pay $196,952 in restitution to the IRS.

Islam has also been ordered to forfeit $609,651.31 and pay restitution to Universal of $609,651.31 plus attorneys’ fees; he must also pay $309,581.66 in restitution to the IRS and a special assessment of $1,800.

Bedford, New Hampshire: Andrew Park, 49, of Bedford, co-founder and CEO of a startup technology company, has pleaded guilty to failing to pay more than $14 million in employment taxes and for not filing personal returns.

Park was responsible for the company’s financial matters, including quarterly employment returns and collecting and paying over Social Security, Medicare and income taxes withheld from the employees’ wages to the IRS, as well as the Social Security and Medicare taxes the company owed. He was also responsible for collecting and paying over state and local employment taxes.

From the company’s founding in 2014 through the third quarter of 2021, Park withheld these taxes from employees’ wages but did not pay them over, nor did he pay over the portion of the employment taxes that the company owed. A payroll service company that he hired notified him that the taxes were due and in more than one instance was notified by an employee that the amount paid to Social Security listed on her W-2 did not match what was reported by the Social Security Administration.

From 2013 through 2020, Park also did not file individual returns despite paying himself a salary of some $250,000 each year.  

In total, Park caused a tax loss to the IRS exceeding $14 million, as well as additional losses to state and local taxing authorities.

Sentencing is Nov. 14. He faces a maximum of five years in prison for willful failure to account for and pay over payroll taxes and a year in prison for the willful failure to file a return. He also faces additional penalties including supervised release and fines, as well as the payment of restitution to the IRS and other tax authorities. 

Hands-in-jail-Blotter

Hendersonville, Tennessee: Resident Scotty Thomas Lumley has been sentenced to 47 months in prison and ordered to pay $1,198,833.62 in restitution in connection with financial and tax crimes.

Lumley pleaded guilty to federal wire fraud and money laundering charges in 2015. The more recent charges are based on additional federal crimes that he committed between 2015 and 2021.

Beginning shortly after he was sentenced in 2015, Lumley kept taxes he withheld from his employees’ paychecks rather than paying those funds over to the IRS. In 2017, to avoid a tax debt, Lumley told the IRS that the only vehicle he owned was a GMC 3500 with a negative value; in fact he owned a 2012 Ferrari that he sold the following year for $187,000.

In 2017 and 2018, Lumley obtained a series of loans in connection with commercial real estate-related businesses he owned. His loan documents falsely claimed his personal net worth exceeded $30 million, including cash of some $630,000. Lumley also did not disclose that he had an outstanding tax liability of more than $119,000.

He tricked lenders into providing more than $3.5 million in loans and later provided one bank with additional false personal financial statements purporting to show that his net worth had risen to more than $42 million.

In November 2020, after becoming aware of a federal investigation, he flew to Morocco and did not return until extradited in February 2023. While in Morocco, Lumley also used a fabricated purchase order to defraud a Utah company of more than $500,000.

Bartlesville, Oklahoma: Nonprofit exec Deanna Rachel Long has been sentenced to a year and a day in prison for bank fraud and tax evasion.

In 2012, the Family Crisis and Counseling Center in Bartlesville hired Long as a manager and entrusted her with accounting and finance functions, including recordkeeping.

Within two years of being hired, she began embezzling to fund personal expenses and fuel her gambling addiction. Long embezzled more than $278,000. She also failed to report the illegal income and failed to file federal returns for 2014 through 2022. After leaving FCCC, Long filed false tax forms with her new employer, claiming exemptions to which she was not entitled. Long has been arrested many times for bogus checks and has pleaded guilty.

She was also ordered to serve three years of supervised release and to pay $278,257.54 in restitution to FCCC and $96,622 to the IRS.

Pensacola, Florida: Wesner Jean-Pierre, 33, of Orlando, Florida, owner of the tax prep business WJP Financial Services, has been sentenced to 26 months in prison after previously pleading guilty to charges of preparing false returns.

Between 2015 and 2019, Jean-Pierre prepared and filed some 1,949 false federal returns for clients. He falsely represented the taxpayers’ income, deductions, credits and the refund due.

His prison time will be followed by a year of supervised release, and he was ordered to pay $830,840 in restitution to the IRS.

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Accounting

If accounting is transforming, continuing professional education should as well

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The year-end CPE cram. It’s as cyclical as the busy season and as predictable as a client giving you the supporting documents you requested one day before the deadline while asking, “Do you think you can get this done in time?”

With all of these circumstances, we know the event is coming. We’ve been here before. We’re ready for it. Yet, like the Same-As-Last-Year accountants we are, we rarely change any behavior, simply chalking it up to “it is what it is.” 

But what if it didn’t have to be that way?

If you haven’t picked up on the transformation that the accounting industry is undergoing, you probably haven’t been reading any articles here, or anywhere on the internet for that matter, which have been published regarding all of the shifts finally catching up to the profession.

Look, let’s call a spade a spade. We understand our personalities. We aren’t going to be the folks who dive head first into a pond with murky water. It’s this risk averse nature that makes us the ultimate professional skeptics, with maximum reliability to the public and stakeholders, focused on attention to detail, and ideal most trusted financial advisors. 

However, it’s this same risk averse nature that stereotypes us as a boring, backward-looking, and late to the game profession. We were quick to tell clients that they should be moving to the cloud, but how long did it take most of our large firms to make that move?

This piece isn’t to bash our hesitancy to move forward with innovation; in fact, I would argue that our steady and cautious nature is a superpower of sorts, as we don’t just follow the untested trends that every other industry jumps on and hopes for the best. All that being said, it feels like we are making great positive strides to change in necessary ways that can catch us up to speed, so we aren’t lagging as far behind other professions in advancement.

We’ve got the 150-credit hours rule going through an evolution due to necessary adaptation, to make earning the CPA license more feasible and practical (let’s be real: work experience is where you learn the job, not in a classroom). Accounting software companies seem to be trending among the venture capitalists, as money pours into building technology solutions that address the various needs accounting departments face, and have faced for years without a non-burnout-inducing option. Even the business structure of public accounting firms is shifting, as private equity money floods these traditional partnerships. Even the CPA exam, with CPA Evolution, has transformed to address the vastly different economy and career routes that exist for accounting professionals.

So don’t you think it’s only natural that the continuing professional education, which is supposed to be how we develop our professionals, evolves and adapts too?

If you never try, you’ll never know

Yes, that’s lyrics from Coldplay’s “Fix You,” but it also leans into this proposition.

What if instead of being a tedious, burdensome, annual maintenance chore, continuing professional education was, like a college degree or technical credential, something that enabled you to advance in your career?

The thing is, it already can be. That just isn’t how we as a profession have been using it, and now we’re in this unique predicament: Is most CPE content not good because nobody cares enough to make investing in it worthwhile, or does nobody care about CPE because nobody has invested in making the content good enough to consume?

Don’t get me wrong — there is a lot of CPE content out in the market that provides immense value, whether it’s live webinars, self-study courses or in-person conferences. The issue is we haven’t embraced the shift to experiential learning in the way that only the top educators have.

The content needs to be more relevant, more directly applicable and offer a better experience. But most importantly, we need to tell a better story. The technical topics are not something that should be overshadowed in pursuit of more fun topics, but the way these courses are marketed and how they are delivered needs to improve.

There are plenty of ways to do this, but if organizations don’t try to consciously work on making better content, most professionals will rarely feel compelled to really prioritize their professional learning and development.

Some more ambitiously innovative aspirations

Anybody who knows me is aware that I have no shortage of innovative ideas. Back when I was working at Grant Thornton on the Northeast regions innovation council, our regional managing partner had the small elite task force read “The Innovators DNA” — I took that book to heart.

So while these may not be practical in the short term, these are some aspirations I have for the potential future of CPE.

  • Learning tracks that issue a certificate or credential of some sort upon completion and passing of an exam, which isn’t just something you click through irrelevant polling questions in order to get credit for.
  • Continuous learning, where it isn’t a year-end cram, but something you can do at a manageable pace. This is also a more conducive learning experience anyway.
  • Applied learning experiences, or something where you are performing in real world situations that allow learning to not be a lecture, but an experience.
  • The MasterClass of CPE. People all over the world are fascinated by the teachings on a variety of topics, from exciting to dull, that MasterClass provides. Let’s not forget that professional education is anything that can help us in our career development and make us better industry professionals, meaning this isn’t isolated to just “accounting” topics. Realistically, a lot of the master classes could be made CPE eligible if issued by an accredited entity.

NASBA is working on so many accounting pipeline crisis matters, but let’s not forget about the existing base of industry professionals, who I would argue can make for the strongest ambassadors of the accounting profession’s brand.

Where are we at now?

The discussion is just getting going. CPE platforms like Earmark, which is providing a variety of CPE in more listener friendly formats, and FloQademy, which is experimenting with never-used-before content types for free, are convenient options for knocking out the requirements. Naturally, these came out of CPAs who were frustrated with how things were done.

There is no doubt that elements from other industries, platforms and educational institutions will start to make their way into the world of CPE. As a CPA, I am personally excited for the opportunity to use my required learning time to truly enhance my depth of knowledge.

While CPE is definitely not on the top of the list for “things the accounting profession needs to address ASAP,” I would argue that the conversation starts now, or at least should, if we want to see it progress in a timely manner. Think about it — we talked about burnout for decades before it really started being taken seriously. Cloud accounting took nearly a score of years to be fully adopted. Remote work was always chatted about, but took a global crisis to really take the leap of faith.

I don’t expect CPE to change overnight, but thinking about it in the context of the future of the accounting pipeline, and how we provide a sense of “knowledge security” from the ever-daunting A.I. conversation is never too soon to start being discussed.

Can a CPE course get CPAs as hyped up as a MasterClass? I’ll be anxiously waiting to find out!

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Accounting

FASB releases 2025 GAAP taxonomies

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The Financial Accounting Standards Board has posted the 2025 GAAP Financial Reporting Taxonomy (GRT), the 2025 SEC Reporting Taxonomy (SRT), and the 2025 GAAP Employee Benefit Plan Taxonomy (EBPT). 

The FASB also announced earlier this month the availability of the 2025 DQC Rules Taxonomy (DQCRT) and 2025 GAAP Meta Model Relationships Taxonomy (MMT), which together with the GRT, SRT and the EBPT are collectively referred to as the “FASB Taxonomies.”

The 2025 GRT provides updates for accounting standards, including disaggregation of income statement expenses, profits interest and similar awards, and induced conversions of convertible debt instruments, and other recommended improvements. 

The 2025 EBPT includes updates from the 2024 EBPT for elements specifically created for SEC Release Nos. 33–11070; 34–95025 which includes requirements for XBRL tagging of annual reports for employee stock purchase, savings and similar plans filing SEC Form 11-K.

The 2025 SRT offers improvements for elements whose underlying recognition and measurement are not specified by GAAP but are commonly used by GAAP filers and for SEC schedules related to supplemental information provided by insurance underwriters.

The DQCRT is structured from the typical design of XBRL taxonomies because it is narrowly focused on conveying the XBRL US Data Quality Committee’s validation rules, predominantly for regulator use. It isn’t intended to be used in SEC filers’ extension taxonomies. The DQCRT contains a subset of the DQC rules. The FASB Taxonomy staff evaluates the validation rules for inclusion in the DQCRT that have been available for use for more than a year, with consideration for how the DQC addressed any feedback received on a validation rule.

The 2025 MMT includes relationships focusing on accounting model information, which are viewed as helpful information for constituents. The objectives of the relationships in the MMT are to help preparers identify the proper elements for tagging their filings, assist data users in the consumption of data with additional relationship information, and assist in writing business rules that leverage the extra relationship information to help with the proper element selection and identification.

The 2025 GRT, 2025 SRT and 2025 EBPT are expected to be accepted as final by the SEC in early 2025. The FASB Taxonomies are available on the FASB Taxonomies Page and through these links:

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Appeals court reinstates injunction on CTA beneficial ownership information reporting

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A federal appeals court has reversed itself, reinstating an injunction on beneficial ownership information reporting by businesses only days after lifting it.

On Monday, a panel of the U.S. Court of Appeals for the Fifth Circuit granted a stay of a preliminary injunction by a federal district court in Texas that had temporarily paused a requirement for filing BOI reports with FinCEN under the Corporate Transparency Act of 2019 in the case of Texas Top Cop Shop Inc. v. Garland. The plaintiffs petitioned the full appeals court for an en banc rehearing to consider additional issues in the case. They argued that the panel’s decision conflicted with a 2012 Supreme Court decision in the case of National Federation of Independent Businesses v. Sebelius, ignored potential violations of the First and Fourth Amendments, and improperly discounted serious harms that the plaintiffs and the public would suffer. They also argued that the decision to reinstate the Jan. 1 reporting deadline, which was only a few days away, disregarded the interests of millions of entities subject to the CTA. The law aims to deter criminals from using shell companies for illicit purposes such as money laundering and terrorism financing.

The appeals court issued an order Thursday reinstating the injunction, and noted the original order had expedited the appeal to the next available oral argument panel, which has yet to be scheduled. 

“The merits panel now has the appeal, which remains expedited, and a briefing schedule will issue forthwith,” said the court. “However, in order to preserve the constitutional status quo while the merits panel considers the parties’ weighty substantive arguments, that part of the motions-panel order granting the Government’s motion to stay the district court’s preliminary injunction enjoining enforcement of the CTA and the Reporting Rule is VACATED.”

Earlier this week, after the appeals court panel initially lifted the injunction, the Treasury Department announced an extension of time for businesses to file to meet the beneficial ownership information reporting deadline. Reporting companies that were created or registered prior to Jan. 1, 2024, were given until Jan. 13, 2025, to file their initial beneficial ownership information reports with the Treasury Department’s Financial Crimes Enforcement Network, as opposed to the Jan. 1, 2025, deadline. The American Institute of CPAs and state CPA societies have been asking FinCEN to delay the BOI reporting requirements. Now the full appeals court appears to have delayed the reporting requirement indefinitely.

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