Month: April 2022

Source: United States Department of Justice Criminal Division

A federal court in the Northern District of Georgia, Atlanta Division, has permanently enjoined two tax return preparers doing business in Lawrenceville, Georgia, from preparing federal income tax returns for others. 

According to the court’s April 5 order, Ramon Maduro and Blanca Dalila Elvir Alvarenga, individually and doing business as Maduro Tax Services Corp. and Maduro Global Service Firm Inc., prepared and filed numerous false tax returns that understated the tax their customers owe and improperly claimed tax refunds to which they were not entitled. The court found that defendants (1) misidentified the person preparing tax returns; (2) manipulated head of household filing status selections; (3) claimed ineligible dependents on tax returns to manipulate filing statuses, generate false Child Tax Credits and Additional Child Tax Credits and produce artificially inflated Earned Income Tax Credits; (4) included false information on Schedule C of Forms 1040; (5) manipulated income to generate false or inflated credits; and (6) misrepresented their due diligence efforts to determine customer eligibility for the credits they claimed. The court further found that the defendants engaged in this conduct on a continued and repeated basis and absent an injunction, the United States is highly likely to face irreparable injury as a result of this ongoing practice.

Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

Source: United States Department of Justice Criminal Division

A Texas woman was sentenced today to 70 months in prison for her scheme to defraud the Paycheck Protection Program (PPP) of over $1.9 million in loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

According to court documents and evidence presented at trial, Lola Shalewa Barbara Kasali, 24, of Houston, submitted two fraudulent loan applications to two different lenders on behalf of her companies, Lola’s Level and Charm Hair Extensions. Through these loan applications, Kasali sought over $3.8 million in PPP loan funds. Kasali falsely represented the number of employees and payroll expenses in each of the PPP loan applications. To support these applications, Kasali also submitted fraudulent tax records. Kasali ultimately received over $1.9 million in PPP loan funds. The Justice Department, along with its law enforcement partners, seized the funds that Kasali fraudulently obtained.

A federal jury in Houston found Kasali guilty of two counts of bank fraud and two counts of making false statements to a financial institution on Dec. 8, 2021.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Jennifer Lowery for the Southern District of Texas; Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency Office of Inspector General (FHFA-OIG) – Central Region; Special Agent in Charge Sharon Johnson of the SBA Office of Inspector General (SBA-OIG) – Central Region; and Acting Inspector in Charge Dana Carter of the U.S. Postal Inspection Service – Houston Division made the announcement.

FHFA-OIG, SBA-OIG, and the U.S. Postal Inspection Service investigated the case.

Assistant Chief Jonathan Robell of the Criminal Division’s Fraud Section and Trial Attorney Matthew Grisier of the Criminal Division’s Money Laundering and Asset Forfeiture Section are prosecuting the case, with assistance from Assistant U.S. Attorney Jim McAlister for the Southern District of Texas.

The Fraud Section leads the Criminal Division’s prosecution of fraud schemes that exploit the PPP. Since the inception of the CARES Act, the Fraud Section has prosecuted over 150 defendants in more than 95 criminal cases and has seized over $75 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Source: United States Department of Justice News

A Chinese national formerly residing in Chesterfield, Missouri, was today sentenced to 29 months in prison followed by three years of supervised release and a $150,000 fine for conspiring to commit economic espionage.

Xiang Haitao, 44, pleaded guilty to the charge in January 2022.  According to court documents, Xiang conspired to steal a trade secret from The Climate Corporation, a subsidiary of Monsanto, an internationally based company doing business in St. Louis, Missouri, for the purpose of benefitting a foreign government, namely the People’s Republic of China (PRC).

“Xiang conspired to steal an important trade secret to gain an unfair advantage for himself and the PRC,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The victim companies invested significant time and resources to develop this intellectual property.  Economic espionage is a serious offense that can threaten U.S. companies’ competitive advantage, and the National Security Division is committed to holding accountable anyone who steals trade secrets to benefit a foreign government.”

“The defendant took advantage of living and working in the United States to steal a valuable trade secret for the benefit of PRC entities,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This type of theft threatens employers large and small in every state, and it imperils our economic competitiveness as a nation. Individuals entrusted with valuable trade secrets should be on notice that if they abuse that trust – especially for the benefit of foreign nations – we will hold them accountable.”

“Those who conspire to steal technology from U.S. businesses and transfer it to China cause tremendous economic damage to our country,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “The government of China does not hesitate to go after the ingenuity that drives our economy. Stealing our highly prized technology can lead to the loss of good-paying jobs here in the United States, affecting families, and sometimes entire communities. Our economic security is essential to our national security.  That’s why at the FBI protecting our nation’s innovation is both a law enforcement and a top national security priority.”

“This is the first economic espionage conviction ever in the history of the Eastern District of Missouri,” said Acting Special Agent in Charge Akil Davis of FBI’s St. Louis Field Office. There are less than two dozen such convictions nationwide. Economic espionage convictions are rare because the elements required to prove state-sponsored theft is extremely difficult,” “Today’s sentencing is a culmination of more than five years of tenacity and dedication by our agents and federal prosecutors. I commend their success in protecting the victim company and ultimately our U.S. economy.”

According to court documents, Xiang was employed by Monsanto and its subsidiary, The Climate Corporation, from 2008 to 2017, where he worked as an imaging scientist. Monsanto and The Climate Corporation developed a digital, online farming software platform that was used by farmers to collect, store and visualize critical agricultural field data and increase and improve agricultural productivity for farmers. A critical component to the platform was a proprietary predictive algorithm referred to as the Nutrient Optimizer. Monsanto and The Climate Corporation considered the Nutrient Optimizer a valuable trade secret and their intellectual property.

In June 2017, the day after leaving employment with Monsanto and The Climate Corporation, Xiang attempted to travel to China on a one-way airplane ticket. While he was waiting to board his flight, federal officials conducted a search of Xiang’s person and baggage. Investigators later determined that one of Xiang’s electronic devices contained copies of the Nutrient Optimizer. Xiang continued on to China where he worked for the Chinese Academy of Science’s Institute of Soil Science. Xiang was arrested when he returned to the United States in November 2019.

The FBI and the Department of Homeland Security, Customs and Border Protection investigated the case.

Assistant U.S. Attorneys Matthew Drake and Gwendolyn Carroll for the Eastern District of Missouri, Senior Trial Attorney Heather Schmidt and Trial Attorney Adam Small of the National Security Division’s Counterintelligence and Export Control Section, and Senior Counsel Jeff Pearlman and Assistant Deputy Chief Matthew Walczewski of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case.