Month: August 2024

Source: United States Department of Justice Criminal Division

The Justice Department’s Office for Access to Justice (ATJ) today hosted this quarter’s convening with national public defense organizations. ATJ Director Rachel Rossi, Assistant Attorney General Kristen Clarke of the Civil Rights Division, Administrator Liz Ryan of the Office of Juvenile Justice and Delinquency Prevention, Acting Assistant Attorney General Brent Cohen of the Office of Justice Programs and Director Nancy La Vigne of the National Institute of Justice delivered remarks for the convening on the topic of youth defense. Department officials affirmed the Justice Department’s commitment to protecting the constitutional rights of our nation’s youth, strengthening and supporting youth defense systems, and advancing public safety and trust. 

Today’s convening gathered public defense and youth defense organizations to discuss critical topics and trends in youth defense systems including research and data needs, the role of youth defenders in addressing racial disparities in the juvenile legal system, conditions of confinement and youth access to counsel and the need for specialized and independent youth defenders across the nation. Justice Department officials highlighted recent programs, actions and initiatives aimed at addressing the myriad of access to justice issues in juvenile legal systems. 

ATJ supports indigent defense systems through its mandates to “plan, develop and coordinate the implementation of access to justice policy initiatives of high priority to the department and the executive branch,” and to “promote uniformity of Department of Justice and government-wide policies and litigation positions” relating to access to justice, “including in the area of criminal indigent defense.” See 28 C.F.R. § 0.33. ATJ serves as the principal legal advisor for the department on the constitutional right to counsel and the other rights guaranteed under the Sixth Amendment, and as the liaison and point of contact between the department and indigent defense organizations. 

In furtherance of this mission, ATJ hosts quarterly convenings with the public defense community.  Quarterly convenings are directed and led by the Justice Department’s senior attorney dedicated to supporting, collaborating with and engaging the state and local public defense community housed in ATJ. This quarterly convening included leaders and staff from The Gault Center, National Association of Public Defense, National Association of Criminal Defense Lawyers, National Legal Aid and Defender Association and Georgetown Law’s Juvenile Justice Clinic and Initiative.

Source: United States Department of Justice Criminal Division

Michael Lee Tomasi, 37, of Rio Verde, Arizona, pleaded guilty yesterday to making threats against federal officials. 

From May 2021 through November 2023, while living in Colorado and Arizona, Tomasi used a social media platform to express a desire to incite violence and threaten a variety of individuals and groups, including a city district attorney, a state court judge, a member of Congress and other federal officials and law enforcement officers. Tomasi pleaded guilty to posting a threat on Aug. 26, 2023, to kill FBI agents in order to impede, intimidate, or interfere with FBI agents’ performance of their official duties. Specifically, Tomasi admitted that, on that day, he posted: “Shoot the FBI first and ask questions later. . . .  Any FBI [] have a problem with that[,] come to my house and see what happens. Shoot before they even pull their guns out of their trunk and you shoot to kill.” 

“Threats of violence against elected officials, judges, and FBI agents pose immense danger to the physical safety of individual victims and undermine our very system of government,” said Attorney General Merrick B. Garland. “The Justice Department will hold to account anyone who targets public servants with illegal threats of violence.”

“Threatening law enforcement officers and elected officials strikes at the heart of our communities and our democracy,” said FBI Director Christopher Wray. “The men and women of the FBI work tirelessly every day to defend our homeland and protect the American people. I am proud of their selfless spirit — putting themselves in harm’s way to keep others safe — and we will hold accountable anyone who threatens them.”

Tomasi pleaded guilty to making threats against federal officials. He is scheduled to be sentenced on Oct. 23, and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI is investigating the case.

Assistant U.S. Attorneys Raymond K. Woo and Abbie Broughton Marsh for the District of Arizona are prosecuting the case, with valuable assistance provided by Trial Attorney Dmitriy Slavin of the National Security Division’s Counterterrorism Section.

Source: United States Department of Justice Criminal Division

The U.S. District Court for the Northern District of Texas issued a permanent injunction today barring Texas tax return preparer Ruben Gonzalez and anyone acting with him or at his direction from preparing federal tax returns for others. Gonzalez consented to entry of the permanent injunction.

According to the injunction, Ruben Gonzalez is banned from using his business called “Sin Barreras Income Tax” to prepare returns for others. The government’s complaint alleged that Gonzalez or those working for him significantly overstated customers’ tax refunds in a substantial number of returns prepared at the business from 2021 to 2023, by fabricating or inflating business losses, by fabricating charitable donation deductions and by falsely claiming energy credits and coronavirus family sick leave credits to which the customers were not entitled. By repeatedly overstating customers’ tax refunds, the complaint alleges Gonzalez caused the United States harm of more than $20 million in lost tax revenue from 2021 to 2023.

The permanent injunction requires Gonzalez to send notice of the injunction to each person for whom he, or preparers at Sin Barreras Income Tax, prepared federal tax returns, amended tax returns or claims for refund between Jan. 1, 2021, to the present. The permanent injunction also requires Gonzalez to post a copy of the injunction at all locations where he conducts business and post a statement on all social media accounts and websites that he is barred from preparing tax returns.

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

Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.

In the past decade, the Justice Department’s 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 on 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 former Luzerne County, Pennsylvania, attorney pleaded guilty today to tax evasion for calendar year 2016 in connection with substantial legal fees he earned while associated with The Powell Law Group P.C., a Luzerne County-based law firm. Powell was released on an unsecured bond while awaiting his sentencing.

According to court documents and statements made in court, Robert Powell sought to evade a substantial tax that was due and owing the IRS for 2016 by using nominee bank accounts, causing an accountant to file a request for a filing extension that falsely reported zero estimated tax liability for 2016 and making false statements during an IRS audit in 2019.

Powell’s license to practice law was suspended in 2009 and he was subsequently disbarred in 2015. As a result, in 2009, he relinquished his ownership of The Powell Law Group. He nevertheless retained the right to collect 90% of the remainder of any future fees collected by the firm after the payment of firm expenses. Specifically, The Powell Law Group represented thousands of plaintiffs in a mass tort litigation that settled for approximately $5.15 billion in 2015 and The Powell Law Group was expected to receive approximately $120 million in attorneys’ fees from that settlement.

Prior to the attorneys’ fees disbursement, The Powell Law Group and its co-counsel used those future legal fees as collateral to obtain a series of loans totaling over $125 million. Instead of depositing the loan proceeds into The Powell Law Group’s bank accounts and using them to pay firm expenses, Powell directed the loans to nominee bank accounts that were under his control. He then used the loan proceeds for his personal debts and expenses as well as his and his former law partner’s personal benefit.

In June 2016, most of the attorneys’ fees were finally disbursed and the loans were repaid. Nevertheless, Powell did not file a personal income tax return and pay taxes on the receipt of the fees in that year. After the initial disbursement and through October 2019, an additional $12 million in attorneys’ fees was distributed and The Powell Law Group’s share continued to be directed into nominee bank accounts that Powell controlled. Powell personally received an additional $3.6 million of the fees during that time.

For the full period of tax years 2010 through 2022, Powell did not file income tax returns despite receiving and spending other personal income. Rather, he willfully attempted to evade taxes due and owing by him to the United States.

In 2019, when the IRS commenced an audit of his tax liabilities, Powell made false statements to the interviewing revenue agents to conceal his income and expenditures for tax years 2014 through 2016. Namely, Powell falsely stated that his only source of funds were loan advances, that he and his spouse did not have signature authority or control over other bank accounts and that he had no ownership in any corporations.

Ultimately, as alleged by the government, Powell received millions in income over the relevant time period resulting in substantial taxes that were due but not paid to the United States.

In the plea agreement filed with the Court, Powell agreed to pay full restitution to the IRS in an amount to be determined by the Court at a later date.

“Powell engaged in a lengthy scheme to hide his income and not pay taxes,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “And when audited by the IRS, rather than step up, acknowledge his illegal conduct and pay what he owed, he chose to double down and lie to the revenue agents who interviewed him.”

“For over a decade Robert Powell failed to file personal income tax returns and executed a sophisticated scheme to evade paying substantial taxes that were due and owing the IRS from massive legal fees his firm earned,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “The brazenness of his conduct included using nominee bank accounts, reporting zero estimated tax liability for the years in question and repeatedly lying to IRS auditors attempting to unravel the scheme. I want to thank all the IRS agents, prosecutors and support staff for their hard work that will allow justice to be finally served in this important case.”

“Federal income tax compliance should be equally shared among all Americans,” said Acting Special Agent in Charge Denise Leuenberger of the IRS Criminal Investigation (IRS-CI) Philadelphia Field Office. “Defrauding the government with an elaborate scheme to underreport taxable income is unlawful. Mr. Powell’s plea today serves as an important reminder that IRS-CI is committed to bringing to justice those who evade their federal income tax responsibilities.”

IRS-CI is investigating the case.

Trial Attorney Alexandra Fleszar of the Tax Division and Senior Litigation Counsel Phillip J. Caraballo and Criminal Division Chief Bruce D. Brandler for the Middle District of Pennsylvania are prosecuting the case.