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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

M&A roundup: Aprio and Opsahl Dawson expand

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Aprio, a Top 25 Firm based in Atlanta, is expanding to Southern California by acquiring Kirsch Kohn Bridge, a firm based in Woodland Hills, effective Nov. 1.

The deal will grow Aprio’s geographic footprint while enabling it to expand into new local markets and industries. Financial terms were not disclosed. Aprio ranked No. 25 on Accounting Today’s 2024 list of the Top 100 Firms, with $420.79 million in annual revenue, 210 partners and 1,851 professionals. The deal will add five partners and 31 professionals to Aprio. 

In July, Aprio received a private equity investment from Charlesbank Capital Partners. 

KKB has been operating for six decades offering accounting, tax, and business advisory services to industries including construction, real estate, professional services, retail, and manufacturing. “There is tremendous synergy between Aprio and KKB, which enables us to further elevate our tax, accounting and advisory capabilities and deepen our roots across California,” said Aprio CEO Richard Kopelman in a statement. “Continuing to build out our presence across the West Coast is an important part of our growth strategy and KKB  is the right partner to launch our first location in Southern California. Together, we will bring even more robust insights, perspectives and solutions to our clients to help them propel forward.”

The Woodland Hills office will become Aprio’s third in California, in addition to its locations further north in San Francisco and Walnut Creek. Joe Tarasco of Accountants Advisory served as the advisor to Aprio on the transaction. 

“We are thrilled to become part of Aprio’s vision for the future,” said KKB managing partner Carisa Ferrer in a statement. “Over the past 60 years, KKB has grown from the ground up to suit the unique and complex challenges of our clients. As we move forward with our combined knowledge, we will accelerate our ability to leverage innovative talent, business processes, cutting-edge technologies, and advanced solutions to help our clients with even greater precision and care.”

Aprio has completed over 20 mergers and acquisitions since 2017, adding Ridout Barrett & Co. CPAs & Advisors last December, and before that, Antares Group, Culotta, Scroggins, Hendricks & Gillespie, Aronson, Salver & Cook, Gomerdinger & Associates, Tobin & Collins, Squire + Lemkin, LBA Haynes Strand, Leaf Saltzman, RINA and Tarlow and Co.

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Johnson says Congress will ‘do the math’ on key Trump tax pledge

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House Speaker Mike Johnson said Donald Trump’s plan to end income tax on tips would have to be paid for, injecting a note of caution into one of the president-elect’s key campaign pledges.

“This is one of the promises that he wants to deliver on,” Johnson said Sunday on CNN’s State of the Union. “We’re going to try to make that happen in the Congress. You’ve got to do the math.”

Johnson paired his comment with pledges to swiftly advance Trump’s economic agenda once the newly elected Congress is in place with Republican majorities in the House and Senate. The former president rolled out a series of tax-cut proposals during his successful bid to return to the White House, including rescinding taxes on overtime, Social Security checks and tips.

House Speaker Mike Johnson
Mike Johnson

Tierney L. Cross/Bloomberg

“You have got to make sure that these new savings for the American people can be paid for and make sure the economy is a pro-growth economy,” said Johnson, who was among allies accompanying Trump to an Ultimate Fighting Championship event at New York’s Madison Square Garden on Saturday night.

Congress faces a tax marathon next year as many of the provisions from the Republicans’ 2017 tax bill expire at the end of 2025. Trump’s declared goal is to extend all of the personal income tax cuts and further reduce the corporate tax rate.

A more immediate challenge may be ahead as Trump seeks to install loyalists as cabinet members for his second term starting in January, including former Representative Matt Gaetz as Attorney General, Robert F. Kennedy Jr. as secretary of health and human services and former Representative Tulsi Gabbard for Director of National Intelligence. 

Gaetz was under investigation by the House Ethics Committee for alleged sexual misconduct and illicit drug use, which he has denied. RFK Jr. is a vaccine skeptic and has endorsed misleading messages about vaccine safety.

Donald Trump Jr., the president-elect’s son who has been a key player in the cabinet picks, said he expects many of the choices will face pushback.    

“Some of them are going to be controversial,” Trump Jr. said on Fox News’ Sunday Morning Futures. “They’re controversial because they’ll actually get things done.”

‘Because of my father’

Trump Jr. suggested the transition team has options if any candidate fails to pass Senate muster.

“We’re showing him lists of 10 or 12 people for every position,” he said. “So we do have backup plans, but I think we’re obviously going with the strongest candidates first.”

Trump Jr. said incoming Senate Majority leader John Thune owes his post to the president-elect.

“I think we have control of the Senate because of my father,” he said. “John Thune’s able to be the majority leader because of my father, because he got a bunch of other people over the line.”

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Accounting

AICPA-NASBA expand access to Experience, Learn & Earn Program

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The American Institute of CPAs and the National Association of State Boards of Accountancy expanded access to its pilot program helping accounting students complete the 150-credit requirement for CPA licensure.

The Experience, Learn & Earn program, which has thus far focused on participants recruited directly by firms, companies, not-for-profits and government entities, now allows accounting graduates who are unaffiliated with a participating firm or employer to sign up, as long as they are employed full time.

AICPA building in Durham, N.C.

“While we designed the program for accounting graduates and entry-level professionals, it’s gratifying to see participants from a diverse range of states, age groups, gender and ethnicities,” Mike Decker, vice president of CPA examination and pipeline at the AICPA, said in a statement. “That’s a testament to the enduring value of the CPA credential, from the newest graduates to mid-career professionals.”

The program currently has 105 students enrolled. Registration for the spring 2025 semester is currently open until Jan. 1, 2025. Participants can earn up to 30 college credits through online courses through Tulane University’s School of Professional Advancement at discounted rates. 

“In a time where we are all working on ways to provide flexibility and increase accessibility to candidates in all stages of their journey to becoming a CPA, it is encouraging to see the continued interest and support of the ELE program from both candidates and employers,” NASBA executive vice president Wendy Garvin said in a statement. “An expanded offering to individuals not associated with a participating employer is an exciting evolution of the program.”

To learn more about the ELE program, visit experiencelearnearn.org, which includes information for students, firms and other organizations that want to sponsor candidates. Send questions or comments to [email protected].

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