CPA Charged with Preparing False Tax Returns Found Not Guilty on All Counts. U.S. v. Miller, Case No. 12-600025 (S.D. FL 2012)


U.S. v. Miller,  Case No. 12-600025  (S.D. FL 2012)

     John Miller, a certified public accountant was charged with conspiracy to defraud the IRS, preparing and filing false tax returns and  obstructing a CFTC and an IRS investigation.

     John Miller is a CPA practicing in South Florida. During the period of time commencing in 1999 through 2008 Miller performed accounting services for Frank DeSantis, his relatives, and business associates.  Miller prepared numerous corporations, filed annual tax returns and prepared accounting records and financial statements.

       During the same period of time Frank DeSantis and his business associates ran boiler rooms that allegedly sold commodities and foreign currency options.  They defrauded over 1,000 investors out of more than $47 million.

       DeSantis and his business associates used nominee companies to stay ahead of the CFTC and the IRS. Ultimately, DeSantis, Jeffrey Jedlicki and Michael Geraud pled guilty to conspiracy and agreed to testify against their accountant John Miller.

     DeSantis, Jedlicki and Geraud had  improperly deducted millions of dollars of personal expenses as business expenses  on their respective tax returns.

       Together with their wives, they testified that they had no idea that the returns were false and that they had relied upon Miller to properly prepare their taxes.
    
        The special agents interviewed Miller during their investigation on six different occasions. Miller stated that he cooperated fully. The agents testified that Miller confessed to forging documents, filing false returns and lying at his deposition to the CFTC.  

      Miller was represented at trial by David M. Garvin, Esq.     Following a two week trial, interrupted by Hurricane Isaac,   Miller was found not guilty on all counts.

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