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Today's Date: U.S. Attorney News Feed
Self-proclaimed CPA Pleads Guilty
Court Feed News | 2006/11/27 02:47

WASHINGTON - Lanny R. White of Orem, Utah pleaded guilty in Salt Lake City federal district court to a felony charge of conspiracy to defraud the United States and to commit mail and wire fraud, in connection with the promotion of a tax and investment fraud scheme, the Justice Department and the Internal Revenue Service (IRS) announced today.

In April 2003, White, David J. Orr, attorneys Todd R. Cannon and Michael Behunin, and Certified Public Accountant (CPA) Max Lloyd were indicted for promoting and selling a fraudulent trust scheme to over 300 clients that defrauded the United States of millions of dollars in tax revenue. Today's guilty plea brings the number of individuals who have pleaded guilty in this case to 11, including four attorneys and one certified public accountant. “People who hold themselves out as licensed professionals and help others evade taxes do more than damage the reputation of honest professionals,” said Eileen J. O’Connor, Assistant Attorney General for the Justice Department’s Tax Division. “By defrauding the federal Treasury, they harm all honest taxpayers. The Department of Justice is working vigorously to prosecute these tax fraud promoters.”

According to the plea agreement, White admitted that from 1993 to 2004, he and his co-conspirators—using the names Advanta Strategies, World Contractual Services, Rockwell Services, CornerStone West, Ventures Limited, and Whiven Financial—marketed and sold a fraudulent trust scheme to over 300 clients through seminars, promotional materials, and opinion letters. White and his co-conspirators falsely represented to clients that by placing their businesses and assets into the names of trusts, the clients could lawfully eliminate or substantially reduce their income tax liabilities.

“Those who promote the use of abusive trusts and tax schemes for the purpose of evading taxes harm our system of taxation, harm many of their investors and are engaging in criminal activity,” said Nancy Jardini, IRS Chief, Criminal Investigations. ”We will continue to shut down fraudulent tax schemes and hold the promoters of these schemes accountable for their actions.”

White admitted that, as part of his role in the conspiracy, he falsely claimed to be a licensed CPA and used his brother's CPA license numbers, without his brother's knowledge. White also admitted to preparing opinion letters that falsely assured the legality of the tax benefits of the fraudulent trust scheme and that he promoted the scheme at offshore seminars hosted by the “Institute of Global Prosperity.” Several individuals associated with Global Prosperity have been convicted of felony tax charges in the Western District of Washington. White acknowledged that his actions, which resulted in the filing of more than 2,000 false and fraudulent federal income and trust tax returns, caused a loss of federal tax revenue totaling between $7 million and $10 million.

Additionally, White acknowledged that he and others conspired to use the U.S. mail and interstate wire communications to obtain over $5 million and property from clients through false and fraudulent misrepresentations. White also admitted to placing clients’ assets in unsound “investments” in international financial markets and other offshore “investing opportunities” that he knew would put the clients’ funds at considerable risk and would never, in fact, pay any return.

White faces a potential maximum sentence of five years in prison followed by up to three years of supervised release, a $250,000 fine and liability for the costs of prosecution. U.S. District Judge Ted Stewart scheduled sentencing for February 26, 2007.



Fla. Court Shuts Down Promotion of Tax Schemes
Lawyer News | 2006/11/23 02:42

A federal court in Tampa, Fla. has permanently barred David Marvin Swanson of Sarasota from promoting an illegal tax fraud scheme that involves sham trusts and limited liability companies, the Justice Department announced today. The court found that Swanson, who uses the business name Dynamic Monetary Strategies, promotes a system of sham trusts called “unincorporated business trust organizations” and limited liability companies on his Web site and in a manual he sells to customers.

According to the court, Swanson “falsely advises his customers that by placing the customers’ assets and income into these trusts the customers can avoid federal income tax.” The court concluded that “in organizing and selling his abusive tax schemes, Swanson made false or fraudulent statements regarding the excludibility of income.”

The order requires Swanson to notify his customers of the injunction and to give the Justice Department a list with his customers’ names, addresses, e-mail addresses, Social Security numbers and telephone numbers.

More information about this case is available at http://www.usdoj.gov/tax/txdv04111.htm

Jeff Castaldo
Staff Reporter



Gang Members Sentenced to Life for Murders
Court Feed News | 2006/11/22 02:39
Three gang members were sentenced today two consecutive life sentences in federal prison without the possibility of parole for participating in a six-year civil rights conspiracy that led to the assault and murder of African - Americans in Los Angeles, the Justice Department announced.

Gilbert Saldana, Alejandro Martinez and Fernando Cazares—members of the Avenues gang--had been convicted earlier this summer after a jury trial for participating in a to violate the civil rights of African-Americans in the gang’s neighborhood by attacking and sometimes killing the victims. The victims included Christopher Bowser, an African American man who was shot while waiting at a bus stop in Highland Park on December 11, 2000 and Kenneth Kurry Wilson, an African American man who was gunned down while looking for a parking place in Highland Park on April 18, 1999.

Saldana was convicted of being the triggerman in the Wilson murder and is currently serving a life sentence in state prison for another murder. Martinez was convicted of instigating the Wilson murder by using a racial slur and encouraging his fellow gang members to kill Wilson Cazares was convicted of serving as a look-out during the Wilson murder.

A fourth defendant convicted at trial, Porfirio Avila, who is currently serving a life sentence in state court in the murders of Christopher Bowser and another African American man, is scheduled to be sentenced by Judge Anderson on Dec. 18, 2006. A fifth defendant, Merced Cambero, who is alleged to have been a part of the murders is currently a fugitive.

“Today’s sentences send a clear message that this type of racial violence, which devastates individuals and entire communities, will not be tolerated in this country,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Department of Justice is grateful to the victims and witnesses who had the courage to come forward in this case, despite enormous personal sacrifices demanded by the trial, so that the truth about these horrible crimes could come out.”

“Hate crimes are some of the most disturbing offenses prosecuted by this office,” said Acting U.S. Attorney George S. Cardona. “These defendants will now spend the rest of their lives in federal prison for the despicable act of trying to rid their neighborhood of African-Americans.”

Thomas P. O'Brien, Chief of the Criminal Division in the U.S. Attorney's Office, said, “This case demonstrates that this office and the Department of Justice will use all tools available to ensure that the citizens of this District are protected from hate crimes, particularly violent hate crimes of the type committed by these defendants. The multiple life sentences imposed today guarantee that these violent, racist killers will never again be free to attack African-American residents of the Highland Park neighborhood just because they are African-American.”

J. Stephen Tidwell, Assistant Director in Charge of the FBI in Los Angeles, said, “Today's sentencing represents the FBI's commitment to the protection of civil rights in the United States, which is listed among the FBI's highest priorities. My office continues to offer a
$20,000 reward for the remaining fugitive charged in the conspiracy, Merced Cambero, so that all of those responsible for these insidious and racist crimes are prosecuted.”

This case was investigated by the FBI and the Los Angeles Police Department, under Los Angeles Police Chief William J. Bratton. The case was prosecuted by the United States Attorney’s Office in Los Angeles and the Civil Rights Division of the Department of Justice.

The Civil Rights Division at the Department of Justice is committed to vigorously enforcing federal criminal civil rights. The overall conviction rate in FY 2006 was 98 percent--the highest conviction rate recorded in the past two decades.



Telemarketing Firm Official Pleads Guilty
Court Feed News | 2006/11/18 03:15

WASHINGTON (USDOJ) – Shaun Hansen, former co-owner of Idaho-based telemarketing firm Mylo Enterprises, pleaded guilty today in federal court in New Hampshire for his involvement in a scheme to jam several New Hampshire telephone lines by placing nearly 1000 hang-up calls on Election Day, 2002, the Department of Justice announced today.

Hansen, 34, was charged in a two-count indictment on March 8, 2006. He pleaded guilty today to one count of conspiring to commit interstate telephone harassment and one count of making repeated and continuous interstate phone calls with intent to harass. Chief Judge Steven J. McAuliffe set sentencing for February 20, 2007 at 10:30 a.m. Hansen will face a maximum of seven years in prison and a fine of up to $500,000.

Hansen admitted that he was contacted by others involved in the scheme and asked to assist in making harassing phone calls to five telephone numbers associated with the New Hampshire Democratic Party and one number associated with the Manchester Professional Firefighters Association on Election Day, November 5, 2002. Hansen agreed that, in return for $2,500, employees of Mylo Enterprises would place repeated hang-up calls to those numbers on that day. At Hansen’s direction, employees of Mylo Enterprises in Idaho placed several hundred hang-up calls to those New Hampshire telephone numbers on that morning before the scheme was discontinued.

Hansen was the fourth individual charged in the Department’s investigation. Allen Raymond, former president of a Virginia communications consulting company, and Charles McGee, former Executive Director of the New Hampshire Republican State Committee, each pleaded guilty to one count of conspiracy to commit telephone harassment. McGee was sentenced to seven months in prison and Raymond was sentenced to three months. James Tobin, former New England Regional Chairman of the Republican National Committee, was convicted after a December 2005 jury trial on for conspiring to commit, and aiding and abetting the commission of, interstate telephone harassment. He was sentenced to 10 months in prison.

The prosecutions have been led by Andrew Levchuk, Senior Counsel, and Lily Chinn, Trial Attorney, with the Computer Crime & Intellectual Property Section, and by Nicholas Marsh, Trial Attorney with the Public Integrity Section. The investigation was conducted by Bedford Resident Agency of the Federal Bureau of Investigation and the New Hampshire State Attorney General’s Office.

Robin Sheen
Staff Reporter



President of Hyundai's Insurance Arrested
Headline News | 2006/11/15 21:53

Ha Jong Sun, former attorney and president of Hyundai Marine & Fire Insurance Co. became the second suspect arrested in a week as a result of a probe into the 2003 sale of Korea Exchange Bank to Lone Star Funds.

Lee Kang Won, former Korea Exchange Bank head Lee Kang Won, was the first of the two suspects arrested in connection with the probe that has stalled Lone Star's efforts to sell Korea Exchange Bank for a profit of more than $4 billion.


Sun was apprehended by South Korean prosecutors and taken into custody on a warrant that was issued by the Seoul Central District Court, according to prosecutor, Chae Dong Wook. The court issued the warrant for Ha, a former attorney, because he tried to tamper with evidence.

The Seoul Central District Court refused to issue an arrest warrant for Byeon Yang Ho, the former government official. Byeon's warrant was rejected because prosecutors failed to prove he would destroy evidence or flee, the Korean-language news agency said. Chae, of the Supreme Prosecutors' Office, declined to comment on the court's reasons.

Prosecutors are investigatingt to find out whether the U.S. buyout firm bought the countries fifth-largest bank illegally.


Breaking Legal News.com
Neal Andrea
Staff Writer


PA.- Justice Dept. Resolves Discrimination Lawsuit
Legal Career News | 2006/11/15 19:17

WASHINGTON – (USDOJ) The Justice Department today announced the filing of a settlement order to resolve a lawsuit filed against the city of Philadelphia under the Americans with Disabilities Act (ADA). In September 2004, the Justice Department intervened in a lawsuit filed by John Gill Smith, which alleged that paramedics employed by the city refused to provide him with appropriate medical care upon learning of his HIV status.

Under the terms of today’s agreement, which still must be approved by a federal court, Philadelphia will provide paramedics employed by the city with ongoing training on appropriate and nondiscriminatory treatment of patients with infectious diseases, specifically HIV/AIDS. The city will also pay Mr. Smith $50,000 in damages. “Vital emergency medical services must be provided in a non-discriminatory manner to all persons who need them,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to ensuring that cities carry out this important function responsibly and in accordance with federal law.”

“This agreement protects both the patient and, by requiring proper training, the emergency responders,” said Pat Meehan, U.S. Attorney for the Eastern District of Pennsylvania. “Emergency response is a key link in the continuum of care and this agreement ensures the highest quality of care to those in great need.”

Title II of the ADA prohibits public entities, such as the city of Philadelphia, from discriminating against any individual on the basis of disability with respect to the services, programs or activities of the public entity. Section 504 of the Rehabilitation Act includes a parallel prohibition covering programs or activities which receive federal financial assistance.

Additional information about the Civil Rights Division of the Justice Department is available at http://www.usdoj.gov/crt/. Those interested in finding out more about federal disability rights statutes can call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD) or access the ADA Web site at http://www.ada.gov.



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