CONNECTICUT RESIDENT PLEADS GUILTY TO MULTI-MILLION DOLLAR TAX FRAUD CONSPIRACY

WASHINGTON—A Newton, Conn., resident who was involved in operating three businesses in Brooklyn, N.Y., pleaded guilty to conspiring to defraud the Internal Revenue Service (IRS), the Department of Justice announced today.

Mariusz Debowksi pleaded guilty in U.S. District Court in Manhattan to conspiracy to aid another in filing false tax returns.  Between approximately 2000 and February 2005, Debowski conspired with others to falsify income tax returns through a fraudulent check cashing scheme for the owner of a corporation that was engaged in the business of providing maintenance and insulation services to New York Presbyterian Hospital (NYPH).  According to the charge, Debowski provided false documentation to co-conspirators indicating that he had performed construction services and received more than $2.3 million in checks from the co-conspirators as payment for the construction services.  Debowski cashed the checks but returned the bulk of the money to the co-conspirators in exchange for a fee.  The co-conspirators then took false deductions for those payments made to Debowski’s businesses.

“Those who illegally profit from their participation in fraudulent schemes will be vigorously prosecuted,” said Scott D. Hammond, Acting Assistant Attorney General in charge of the Department’s Antitrust Division.

The tax fraud conspiracy that Debowski is charged with carries a maximum penalty of five years in prison, three years of supervised release and a $250,000 fine.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

In April 2007, as part of the same investigation, Michael Theodorobeakos and two maintenance and insulation companies he co-owned – Monosis Inc. and STU Associates Inc.–  pleaded guilty to conspiring to rig bids on the supply of maintenance and insulation services to NYPH and Mount Sinai Medical Center (Mount Sinai).  In addition, Michael Vignola and Mister AC Ltd. pleaded guilty in November 2007, to conspiring to rig bids on heating, ventilation and air conditioning (HVAC) services provided to NYPH and paying kickbacks to former NYPH purchasing officials.  In April 2008, Aaron S. Weiner pleaded guilty for participating in a conspiracy wherein Weiner acted as a conduit in another million-dollar kickback scheme also involving one of the same former NYPH purchasing officials involved with the Vignola kickback schemes.

These charges arose from an ongoing federal antitrust investigation of fraud, bribery, tax-related offenses and bidding irregularities relating to contracts administered by the Facilities Operations Department and the Engineering Department at NYPH and the Engineering Department at Mt. Sinai.   The investigation is being conducted by the Antitrust Division’s New York Field Office, the FBI and the Internal Revenue Service Criminal Investigation’s New York Field Office.

Anyone with information concerning bid rigging, bribery, tax offenses or fraud related to contracts administered by the Facilities Operations Department at NYPH or the Engineering Departments at Mount Sinai or NYPH should contact the New York Field Office of the Antitrust Division at 212-264-9308 or the New York Office of the FBI at 212-384-4467.

San Francisco Federal Court Halts Sales of Tax Schemes

Update: December 8 2008 – Edwin Lichtig has posted a comment after this USDOJ release that I encourage everyone to read because it points out once again that things are NOT always as they appear. You’ve heard me talk about these caveats when looking at complaints boards or BBB complaints and this is another good lesson in that vein.

That doesn’t mean this type of news or those types of complaints should be ignored but in many cases you may not have the proper context to make an accurate judgment about what they really mean.

FOR IMMEDIATE RELEASE
Monday, November 24, 2008
WWW.USDOJ.GOV

Walnut Creek, Calif., Firm Allegedly Helped Customers Avoid Tax on More Than $25 Million Through Insurance and IRA Scheme

WASHINGTON – A San Francisco federal judge has ordered Edwin Lichtig III and his Walnut Creek, Calif.-based firm, GSL Advisory Solutions, to stop promoting unlawful tax schemes, the Justice Department announced today. The defendants agreed to the permanent injunction order without admitting the government’s allegations against them. The United States sued Lichtig and GSL alleging that they promoted tax fraud schemes involving Individual Retirement Accounts (IRAs) that helped customers improperly avoid federal income tax on more than $25 million.

According to the federal suit, Lichtig, a Lafayette, Calif., insurance salesman, promoted a scheme called PAT (Pension Asset Transfer). It allegedly helped customers improperly avoid income tax on untaxed assets held in their IRAs through the use of a series of transactions with sham businesses, self-employed retirement accounts and understatements of the value of life insurance policies. The government complaint said a second scheme called FROCO (Financed Roth Conversion Strategy) allegedly helped customers use annuities to transfer funds from their traditional IRAs to Roth IRAs without paying the proper amount of tax that is imposed on such transfers.

“Stopping tax fraud schemes involving misuse of retirement accounts is a high priority for the Justice Department’s Tax Division,” said Nathan J. Hochman, Assistant Attorney General for the Tax Division. “Since 2001, the Division has obtained injunctions against more than 360 tax return preparers and tax-fraud promoters.”

Hochman thanked Justice Department trial attorney Grayson Hoffman and Bill Maier of the Internal Revenue Service’s Small Business/Self Employed Division for their work on the case.

Information about the Justice Department’s Tax Division and its enforcement efforts is available on the Justice Department Web site.

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