Miami man receives prison sentence for tax fraud
Posted on November 23, 2009 3:00 AM EST
A Miami man entered guilty pleas to numerous counts of tax fraud and identity theft in federal court. Gary Rosenfeld appeared with his Miami criminal lawyer
at his sentencing hearing and received a three year prison sentence by the district court judge presiding over his case. The judge also ordered that the defendant pay restitution to his victims in the amount of $200,000. Miami tax fraud cases are some of the most common white collar crimes charged in South Florida. Tax evasion and fraud cases are always filed in federal court where federal statutes specifically criminalize these offenses.
Rosenfeld owned and operated a tax return preparation business from 2004 to 2007. He used his company, Taxing Solution, Inc., to file fraudulent tax returns on behalf of his clients, and others who were not his clients. The federal government and innocent residents of Miami lost in excess of $177,000 in the Miami tax fraud scheme. Rosenfeld filed fraudulent returns by misrepresenting wages, income and withholding amounts and fabricated tax deductions including tuition and education credits, as well as, false child care credits.
Sometimes, Rosenfeld would draft tax returns which were approved by his clients. He promised them that their tax refunds would be directed deposited into their accounts. Instead, he altered the returns to increase the refunds and requested that "anticipation loans" be deposited into his accounts. A refund anticipation loan is typically requested from the IRS based on what an individual taxpayer believes his income will be for the year. Rosenfeld would then withdraw the funds from ATMs all over Miami-Dade County.
Along with tax fraud, Rosenfeld is charged with identity theft. Most identity theft
cases arise from credit card schemes to defraud. Many of Rosenfeld's victims consented to filing of their tax returns, albeit without the fraud. However, numerous victims were unaware that he was filing returns on their behalf. Using individuals' names to file tax returns or obtain credit cards are common types of identity theft scenarios.
It is important to remember that if you are being investigated for tax fraud, tax evasion or any other fraud crime prosecuted under state or federal law, it is imperative to seek representation of a Miami criminal attorney with vast experience in defending such matters. Federal prosecutors will seek to make examples of those who commit federal fraud violations, especially when innocent victims are involved.
Miami Man Gets 3 Years on Tax, Identity Fraud Charges, The Miami Herald, November 23, 2009.