At "An Asset Search, Tax Fraud & Divorce ", I described a conversation I had with Brian– a former IRS Special Agent who had also once been a high-ranking official at the Financial Crimes Enforcement Network. In that conversation, Brian suggested that a broad range of criminal statutes were sometimes relevant to a tax fraud investigation.
Such was the case in the IRS tax fraud investigation of Wisconsin businessman Ronald Miserendino, which ended in Mr. Miserendino’s indictment on a variety of charges in U.S.A. v. Miserendino . As the superseding indictment returned against him indicated, Mr. Miserendino was charged with violating 18 U.S.C. 1344 (bank fraud); 18 U.S.C. 1341 (mail fraud); 26 U.S.C. 7201 (tax evasion); and 18 U.S.C. 1956 (h) (conspiracy to commit money laundering).
According to his plea agreement, Mr. Miserendino had illegally concealed assets and was guilty of tax evasion and conspiracy to commit money laundering. Mr. Miserendino had started concealing assets in 2001 because his wife had filed for a Wisconsin divorce and sought the division of their marital property. He had therefore used safe deposit boxes and nominees to hide and / or launder assets in multiple jurisdictions, like Australia, Oregon and Hawaii. Mr. Miserendino had also dissipated his ownership of a Wisconsin real estate development and rental company, by transferring 49 percent of its stock to his son from a prior marriage. As the Court’s April 21,2008 sentencing minutes and criminal judgment reflect, Mr. Miserendino finally received a sentence of 48 months in prison.
Copyright 2008 Fred L. Abrams