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Tax Preparer Argued Court's Sentence Did Not Adequately Consider Her advanced Age

Taxpayer was found guilty after trial of 17 counts of wire fraud and 7 counts of filing false claims. After being sentenced the taxpayer appealed arguing that the court had not given enough consideration to her advanced age. The sentence and convictions were upheld.

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Taxpayer Appealed Arguing That there Was No Factual Basis to Support HIs Guilty Pleas, U.S. v. Parker, U.S. App. LEXIS 7358 (5th Cir. April 2010)

Taxpayer entered a plea agreement and pleaded guilty to conspiracy, wire fraud, money laundering and tax fraud. After being sentenced to 10 years, taxpayer appealed stating that there was no factual basis to support the guilty plea for conspiracy, wire fraud, and money laundering. The court found that the taxpayer benefited from the appeal and upheld the guilty pleas.

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Government Failed to Prove Income Tax Evasion When it Failed to Present Evidence of Concealment

In case charging wire fraud, tax evasion, aggravated identity theft, and money laundering, the Government established that Defendant committed a fraudulent scheme to acquire money but, did not present evidence that proved that the Defendant attempted to conceal the funds to evade taxes. Further, to prove charges of wire fraud, proof of use of the internet alone is insufficient to establish that information was sent across state lines and, to prove aggravated identity theft, the Government must prove the Defendant knew the victim was a real person.

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