Archives 2016

Taxpayer appealed her conviction for tax evasion (7201) and the 48 month sentence. Taxpayer alleged that the court erred by giving an inadequate limiting instruction as to the proper use of uncharged conduct. Taxpayer did not prove substantive rights were affected.

Defendants moved to dismiss a superseding indictment adding 34 counts including tax crimes because the information was known to the government when the original indictment was filed and the Grand Jury was improperly used to gather discovery.

Joseph Ganin, the former mayor of Bridgeport, Conn., was convicted on seven counts arising from activities which occurred during his tenure as mayor. The convictions included racketeering, conspiracy, mail fraud and filing false tax returns. The defendant appealed based upon alleged Brady violations by the government.

Lawyer promoted and sold fraudulent tax shelters in the of insurance policies issued by offshore corporations. The taxpayer was ordered to pay restitution for the loss. After sentencing the government moved the court to increase the amount. The Court declined.

IRS used Net Worth Method to obtain tax evasion and false employee tax returns against a nightclub owner. The Court provided a detailed analysis of Rule 29.

Taxpayer was convicted of conspiracy to defraud the United States by counseling taxpayers how to claim false expenses.

The taxpayers were convicted of willful failure to pay tax and filing false returns. The husband argued that the omitted income was a mistake. The jury rejected this defense. The wife made the mistake of volunteering to answer the questions of the agents instead of exercising her 5th amendment rights.

The taxpayer gambled in casinos near Detroit. When he won, he provided the casino a false social security number. This occurred over 900 times. Taxpayer was charged with 17 counts of subscribing a false document or return.

Defendants were convicted of tax fraud conspiracy charges. The defendant's asserted that their rule 29 motion alleging insufficient evidence, should have been granted.

Government obtained an affidavit for a search warrant alleging that a doctor was submitting false billing. The doctor was convicted of tax violations based upon documents obtained during the search. The doctor challenged the search warrant based upon the position that important information was omitted from the search warrant affidavit.