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Jackson-Hewitt accused of tax fraud schemes
Lawyer Blog News | 2007/04/05 15:54

The Internal Revenue Service (IRS) and the Department of Justice have filed suit against five Jackson Hewitt franchises, seeking an injunction to bar the companies from preparing tax returns and alleging that all five corporations were involved in fraudulent tax return preparation including the filing of exaggerated claims and the use fake W-2 forms. The government, which filed lawsuits Tuesday in Chicago, Atlanta, Detroit and Raleigh, further alleged  that as a result of the fraudulent activity the US Treasury took a loss of over $70 million. The suits also claim that the corporations, owners, and employees received kickbacks for helping costumers file the fraudulent returns.

Speaking about the lawsuits, IRS Commissioner Mark Everson stated that:

I am deeply disturbed by the allegation that a major franchisee of the nation's second-largest tax preparation firm is intentionally preparing improper tax returns with inflated refunds. I'm particularly concerned that many taxpayers of modest means could actually end up owing the government thousands of dollars if they claimed an improper refund.

The five corporations named as defendants are Chicago Suit: Smart Tax, Inc. of Chicago; Ask Tax, Inc.; Atlanta Suit: Smart Tax of Georgia, Inc.; Detroit Suit: So Far, Inc.; and Raleigh Suit: Smart Tax of North Carolina, Inc.; all Jackson Hewitt Tax Service franchises. The suits also name Farrukh Sohail, who wholly or partially owns each of the five corporations, as co-defendant.



Hartford Man Pleads Guilty To Sex-Trafficking Ring
Lawyer Blog News | 2007/04/05 07:40

Brian Forbes of Hartford, Conn., pleaded guilty to six counts related to his role in a sex-trafficking ring. Forbes is the ninth of ten defendants to plead guilty to federal charges in this case. In his plea agreement, Forbes has admitted to placing three juveniles in prostitution and compelling two adults into prostitution through force, fraud or coercion.

On Aug. 8, 2006, Forbes, along with nine other co-defendants, was charged in a 64-count superseding indictment related to the operation of a trafficking ring in Connecticut. Forbes was also charged, along with and two of his co-defendants, with sex trafficking minors and sex trafficking by force, fraud and coercion. Today, Forbes pleaded guilty to three counts of sex trafficking of minors; two counts of sex trafficking adult women through force, fraud or coercion; and conspiracy to use interstate facilities to promote prostitution. Forbes faces a maximum penalty of up to life in prison and a fine of up to $1.5 million.

"This sex trafficking case, like many others, involved the repeated victimization of American citizens," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "All too often, these crimes occur right in our own backyards. The Justice Department will remain dedicated to prosecuting this form of modern-day slavery."

"Women and girls being forced to commit sexual acts against their will and under the threat of violence is a brutal crime," said Kevin J. O'Connor, U.S. Attorney for the District of Connecticut. "Federal law enforcement is committed to vigorously prosecuting those who engage in human trafficking, especially when minors are victimized."

Human trafficking prosecutions are a top priority of the President of the United States and the Department of Justice. In the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys' Offices, has increased by six-fold the number of human trafficking cases filed in court.  In fiscal year 2006, the Department obtained a record high number of defendants charged and defendants convicted in human trafficking prosecutions.

The case was investigated by the Federal Bureau of Investigation, the Hartford and Windsor Police Departments, and the Internal Revenue Service. The case is being prosecuted by Assistant U.S. Attorney Jim Genco and Special Litigation Counsel Andrew J. Kline of the Civil Rights Division's Human Trafficking Prosecution Unit.



The UK Hacker facing extradition to US
Lawyer Blog News | 2007/04/04 22:46

The UK hacker behind unprecedented cyberattacks on US military and NASA computer systems in late 2001 and early 2002 lost an appeal Tuesday in the UK High Court to avoid extradition to the US. Last May, a UK judge recommended extradition for Gary McKinnon to face criminal charges in a US court as a cyber-terrorist, allegedly causing $700,000 in damages. UK Home Secretary John Reid quickly approved the extradition recommendation.

McKinnon will apply to have his case heard before the UK House of Lords as one last chance to avoid extradition. If extradited and convicted in US courts, McKinnon may face serving his entire sentence in US prisons because of the cyber-terrorist charges. McKinnon admits that he hacked into US computer systems seeking evidence that the US concealed evidence of UFOs and other "hidden technology," but claims the level of damages asserted by the US is "ridiculous."



Hicks unlikely to break gag order: lawyer
Lawyer Blog News | 2007/04/04 10:23

Australian Guantanamo Bay detainee David Hicks will not speak to the media in violation of a court order, Hicks' lawyer said Wednesday. Despite statements by Australian Attorney-General Philip Ruddock that Australia cannot enforce the gag order once Hicks returns to the country, Hicks' lawyer told Australia's ABC News that Hicks is not interested in speaking to the media. According to his lawyer, Hicks "is focused on getting home...to be close to his family."

Hicks submitted an application Monday to be transferred to a prison near his home in South Australia to serve the remainder of his nine-month sentence after pleading guilty to a charge of supporting terrorism last week. The Australian government is awaiting formal documentation from US authorities to move Hicks from the US prison camp at Guantanamo Bay. Once this information is received, the Australian federal government can approach the state government in South Australia to move the process forward, including assessing security requirements and a potential control order.



Dems Urge Gonzales Aide to Testify; She Refuses
Lawyer Blog News | 2007/04/04 10:23

Monica M. Goodling, on leave from her post as special counsel to the US Attorney General, told the House Judiciary Committee on Tuesday that she will not speak to the committee about her role in last year's firing of eight US attorneys. Committee members said that a voluntary interview would forgo the need to subpoena Goodling, but Goodling's lawyer stated that even if she was subpoenaed before the committee, she would claim protection under the Fifth Amendment. Some House representatives doubt her ability to do so, stating that "her claims do not constitute a valid basis for invoking the privilege against self-incrimination." Goodling has said previously that she will refuse to testify before Congressional committees, indicating that she would plead the Fifth Amendment if called to speak.

Senate Democrats have rejected attempts by the White House to advance the date that US Attorney General Alberto Gonzales is scheduled to testify on the firings. Gonzales defended his role in the firings on Friday, admitting that there has been some confusion, but saying that his involvement in the matter was limited to signing off on recommendations made by his former chief of staff Kyle Sampson. Sampson, who resigned last month, told the Senate Judiciary Committee last week that the prosecutors were fired for political reasons rather than for poor performance as the Justice Department has claimed. Sampson also said Gonzales did more than merely follow his recommendations, and that Gonzales and former White House counsel Harriet Miers were deeply involved in the firings.



Mass. governor orders 26 gay marriages registered
Lawyer Blog News | 2007/04/03 15:37

Massachusetts Gov. Deval Patrick has directed the Massachusetts Department of Public Health to register the same-sex marriages of 26 couples from outside the state whose licenses were not previously allowed to be included in state records by former Massachusetts Gov. Mitt Romney. The couples were married in 2004 in four Massachusetts towns and cities which refused to follow an order by Romney not to marry out-of-state same-sex couples. Patrick said Monday that he would support the repeal of a 1913 state statute, upheld by the Massachusetts Supreme Court last year, which prohibits couples from marrying in Massachusetts if their marriage would not be legal in their own state.

Earlier this year, Massachusetts lawmakers lobbied for a proposed constitutional ban on same-sex marriage which would strictly define marriage as a union between a man and a woman, though it would leave existing Massachusetts same-sex marriages intact. While the recognition of the 26 marriage certificates does not actually change the legal status of the marriages, Patrick's decision has been heralded by the Gay and Lesbian Advocates and Defenders (GLAD) as a move toward treating same-sex couples equally to heterosexual couples. Patrick's order was criticized, however, by the Massachusetts Family Institute which said Patrick was "placing his personal preference above the law."

Massachusetts is currently the only US state to recognize same-sex marriage, after a November 2003 state high court ruling, and more than 8,000 same-sex couples have since been wed there.



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