Fraud Friday: The woman behind the downfall of Al Capone

The woman behind the downfall of Al Capone: Mabel Walker Willebrandt. As Assistant Attorney General, she noticed that mobsters lived large but never filed tax returns and therefore could be convicted of tax evasion. After she went after a South Carolina bootlegger and the Supreme Court upheld the conviction, the IRS focused on Capone and ultimately convicted him of three counts of tax evasion. Willebrandt studied law in Los Angeles, where she argued two thousand cases as the city’s first female public defender. In 1921, she was the second woman to be appointed to Assistant Attorney General and the first to head the Tax Division.

CPAs, get four hours of fraud CPE with our 2019 Fundamentals of Fraud Prevention and Detection On-Demand WebinarClick here for more information.

Rules for new CTEC registrants

Beginning July 1, 2020, tax preparers applying for a new CTEC registration must submit fingerprint images and submit to a background check. Note: This requirement does not apply to CTEC-registered tax preparers (CRTPs) who have already registered with CTEC prior to July 1, 2020, unless a CRTP allows their CTEC registration to expire or has their registration revoked. To re-register with CTEC, they not only will be required to retake the 60-hour qualifying education course, but they will also be required to go through a background check and submit fingerprint images to CTEC, even if they had done so in the past.

Fraud Friday: The Specialist

A disbarred attorney who was a former tax fraud litigation specialist was liable for a §6663 fraud penalty of almost $2 million for failing to report income. The income stemmed from representing clients who were victims of clergy abuse, and when the case settled, the taxpayer placed all of the settlement funds into his personal UBS account, comingling client funds with his own. He also used interest earned on the funds for personal purposes, and did not report the 60% fee for his services representing these clients. (Isaacson v. Comm., TCM 2020-17)

CPAs, get four hours of fraud CPE with our 2019 Fundamentals of Fraud Prevention and Detection On-Demand WebinarClick here for more information.

Fraud Friday: Murder-for-Hire Plot

Leonid Teyf, Russian citizen living in Raleigh, NC, was charged with money laundering, bribing a public official, planning a murder-for-hire and possessing a firearm with an obliterated serial number, and immigration fraud. Teyf received kickbacks of Russian government funds that were paid in cash and amounted to more than $150 million over an approximate two-year span, with some of the funds being held in U.S. accounts. The murder-for-hire plot was directed at Teyf’s wife’s ex-lover; he paid a U.S. government employee to have the man deported and then paid an undercover FBI agent $25,000 to kill the man before the end of 2018. Needless to say, Teyf also filed false income tax returns and failed to file an FBAR. (U.S. v. Teyf (February 6, 2020) U.S. District Court, Eastern District of North Carolina, Case No. 5:18-CR-00452-FL-1)

CPAs, get four hours of fraud CPE with our 2019 Fundamentals of Fraud Prevention and Detection On-Demand WebinarClick here for more information.

Fraud Friday: Afraid of the IRS

Taxpayers are disproportionately afraid of the IRS, and this is because very few taxpayers actually end up in jail for tax evasion. IRS resources are dwindling, which means fewer prosecutions. For example, in 2015, the IRS indicted 1,330 taxpayers for legal-source tax evasion, and by 2018 that number dropped to 636. That’s out of around 150 million taxpayers. With funding dropping and the number of revenue agents decreasing, we can expect this trend to continue. However, the IRS does know what to look for to make the most out of the resources they do have: concealed income (like from a side hustle), misreported credits and deductions, and unfiled returns will get their attention every time. www.accountingtoday.com/list/ten-major-trends-in-irs-tax-audits

CPAs, get four hours of fraud CPE with our 2019 Fundamentals of Fraud Prevention and Detection On-Demand WebinarClick here for more information.

Fraud Friday: One Door for Education

A former U.S. Congresswoman lost a recent appeal of her 2017 conviction for funneling money through a fraudulent education charity for her own use. Between 2012 and 2016, Corrine Brown and two co-conspirators used more than $800,000 in donations to fund lavish lifestyles, rather than for the donations’ purpose of funding One Door for Education, which actually was not a registered charity. Brown also failed to report the income on her tax return and on congressional disclosure forms. (U.S. v. Brown (January 9, 2020) U.S. Court of Appeals, Eleventh Circuit, Case No. 17-15470)

CPAs, get four hours of fraud CPE with our 2019 Fundamentals of Fraud Prevention and Detection On-Demand Webinar. Click here for more information.

Fraud Friday: Solar Ponzi scheme

A California solar company got burned for engaging in a $1 billion Ponzi scheme that fooled investors like Berkshire Hathaway and Sherwin-Williams. The company built mobile solar generators, which investors purchased at a reduced cost. The company would then lease the generators to end-users to pay down the remainder and any profit would go to the investors. Instead, the generators weren’t leased, investors were paid from money coming in from new investors, and the company owners were living large off the profits. A former employee tipped off federal authorities, and the owners have pleaded guilty to money laundering and conspiracy to commit wire fraud. (https://www.justice.gov/usao-edca/pr/top-executives-plead-guilty-participating-billion-dollar-ponzi-scheme-biggest-criminal)

CPAs, get four hours of fraud CPE with our 2019 Fundamentals of Fraud Prevention and Detection On-Demand Webinar. Click here for more information.

Ghost preparers

The FTB and CTEC have begun a Ghost Preparer pilot program. “Ghost Preparers” are tax preparers who fail to provide their PTIN or otherwise failed to identify themselves on tax returns they prepared for compensation.

The Ghost Preparer pilot program includes two new letters, FTB 906A — Tax Preparer Verification, and FTB 906B — Request for Tax Preparer Information. Both letters were created to help identify ghost preparers by requesting the tax preparer’s identifying information. The FTB mailed the FTB 906A letters to tax preparers during the week of November 18, 2019. The response or lack of response received from the tax preparer after 30 days will allow staff to determine who will receive the FTB 906B letter. FTB 906B letters will be mailed to taxpayers in December 2019 and January 2020.

Click here to report unregistered tax preparers and ghost preparers. All complaints go directly to our CTEC staff. CTEC and the FTB will not share your identity and also cannot provide updates about the case due to privacy and disclosure laws.

FTB sending notices to taxpayers who failed to file forms for 1031

This month the FTB is sending demand letters to taxpayers who either failed to file or filed an incomplete Form 3840, California Like-Kind Exchanges, in 2016.

If taxpayers do not respond to the demand letter within 30 days, the FTB may open an audit for the tax year. If the audit results in a Notice of Proposed Assessment for the California like-kind exchange, a 25% penalty of the computed tax for the failure to provide information upon legal demand may be imposed (R&TC §19133). Don’t procrastinate.

FTB will start taking old corporations or LLCs off the books

Beginning on January 1, 2020, the FTB will initiate the Administrative Dissolution/Cancelation of qualified entities that have been suspended by the FTB for 60 or more consecutive months. If a qualified entity is still engaging in a business activity or has assets in the business name and receives the Intent Notice, the qualified entity has 60 days to provide the FTB with a written objection to the pending Administrative Dissolution/Cancelation. If your client wants to be done with the entity, this will be a great way for people who formed but never did business — or went out of business years ago — to get the corporation or LLC wiped off the books.

Then and Now: Worker classification in 1991 and 2019

There has been a lot of focus recently on worker classification, with the California Supreme Court’s ruling in Dynamex and the passage of AB 5 and the subsequent backlash. One of the as-yet unresolved issues is how to treat workers who may have different statuses for federal and California purposes. Amidst all this turmoil, it’s easy to forget that this issue has been quietly percolating for years.

In 1991, Bob Spidell received a letter (reproduced here) from the FTB regarding licensed versus unlicensed contractors and how to report a contractor who’s an employee for California purposes (but an independent contractor for federal purposes) on the California income tax return.

The FTB’s initial response is that they will not follow this ruling but we are continuing to pursue this issue.

Covered California will increase publicity about penalties

Recently, we’ve begun to hear and see ads on the radio, TV, and billboards about Covered California’s open enrollment. In a move that has become more prevalent in California state government, at a meeting on November 14, Covered California stated that they would take a “positive approach” to California’s new requirement for all residents to have health insurance. This approach means they are including only minimal information about the penalty for failing to have health insurance in their marketing efforts.

With the federal penalty at $0, how are Californians to know that they will pay a penalty — if they don’t qualify for one of the exemptions?

In the November 14 meeting with the FTB and Covered California, it was stated that 93% of individuals in California are already covered by insurance. Of the remaining subset of 7%, approximately 2.7 million, many will qualify for an exemption. Unfortunately, many will not qualify for an exemption and, thinking that they won’t pay for a lack of health insurance because of the repeal of the federal penalty, they will be rudely awakened when they file their state tax returns for 2020.

Although we don’t have a figure for Covered California, the FTB was given a budget of $8.232 million for implementation of the mandate and associated subsidy and penalty provisions. This would include form development, processing and other procedures, regulations, implementation, and marketing. The FTB has done the following:

  • Worked on a brochure that provides definitions, explanations, and timelines for the program, including the penalty; and
  • In partnership with the EDD, will notify employers of the potential penalty for employees with no health insurance. Note: These employers may or may not pass the information along to their employees.

Covered California and the FTB worked together to create a letter to about 900,000 households that they have identified as having no health insurance, but it’s unclear how many individuals will receive no notification at all.

However, brochures and letters will not get the saturation of the massive ad campaign put on by Covered California. We are a society who gets their news through television, radio, and social media, not letters and brochures.

A demand for transparency

After we voiced our concerns, the FTB informed us that some of the Covered California ads mention the penalty … but if it is mentioned, it is not emphasized.

In an interview with NBC’s Conan Nolan, when asked about the penalty, Peter Lee, Executive Director of Covered California, stated that the penalty could be more than $2,000 for a family of four and goes up with higher income. He then said that the real penalty was going into the ER and leaving with an $80,000 bill. He next talked about health plans lowering the rates because more people have insurance.

In a public service bulletin, the penalty is briefly mentioned but not highlighted.

As a result of our demand for clear transparency, Covered California has indicated they will start putting more emphasis on the penalty so people aren’t blindsided.