Justice Department Continues Efforts to Stop Unlawful Tax Return Preparers

Today, the federal tax filing deadline, the Justice Department’s Tax Division acknowledges the majority of taxpayers and tax return preparers who voluntarily meet their yearly filing obligations. The Tax Division also cautions taxpayers to choose their return preparers carefully and to look out for unscrupulous preparers who make promises of tax reductions not based on legitimate positions and who include errors or false information on tax returns that could leave a taxpayer subject to liability for unpaid taxes, penalties, and interest.

Over the last year, the Tax Division has worked with U.S. Attorneys’ Offices around the country to bring civil and criminal actions against dishonest tax preparers. These actions include criminal indictments and prison sentences when appropriate as well as civil injunctions to stop ongoing fraud, civil penalties, and disgorgement of ill-gotten proceeds when appropriate. The Justice Department’s message has been clear: those who prepare fraudulent returns will face serious and lasting consequences.

Examples of civil injunctions obtained by the Tax Division over the last and current filing seasons include:

• On Oct. 28, 2024, a federal district court in the Southern District of Indiana permanently enjoined Juan Santiago and his tax preparation business, Madison Solutions LLC, from preparing tax returns for others or employing any person acting as a federal tax return preparer. The government’s complaint alleged that Santiago and his business engaged in fraudulent filing schemes by improperly claiming Head of Household filing status, the Child Tax Credit, and business deductions to which their clients were not entitled. The government estimated that these false returns cost the government over $1 million each filing season.
• On Oct. 3, 2024, a federal district court in the Southern District of Florida entered a permanent injunction against George and Luis Brito and their business, Brito and Brito Accounting USA Inc. The injunction prohibits them from preparing tax returns for others. The government’s complaint alleged that since 2019, the Britos had prepared thousands of tax returns annually, and that they prepared returns that understated their clients’ income by claiming false or inflated business expenses and fabricating residential energy credits.
• On March 29, 2024, following a 12-day trial, a federal district court in the Eastern District of Michigan permanently enjoined Annetta Powell and seven of her businesses from preparing tax returns for others. The court found that Powell and her businesses prepared returns that reported fake Schedule C businesses and business expenses, claimed household help income they knew the customers did not qualify for, and claimed head of household filing status without doing the required due diligence. The court also ordered Powell to disgorge $697,797 in ill-gotten profits.

The Tax Division has also sought to strip fraudulent preparers of ill-gotten gains and to hold in contempt those who attempt to flout court-ordered restraints on further fraudulent activity. Over the last year, the division has brought these cases to court, including:

• On Oct. 24, 2024, a federal district court in the Northern District of Texas held that Jennifer Murley violated a previous injunction against returning tax returns for others. The IRS had suspended Murley’s Electronic Filing Identification Number (EFIN), but she and her tax preparation firm misappropriated EFINs assigned to others. The court ordered Murley to disgorge over $700,000 in ill-gotten gains she received for preparing returns in violation of the previous court order.
• On Oct. 23, 2024, a federal district court in the Southern District of Florida found Gerald Vito and James Eleby in contempt for violating a previous injunction from 2021 that enjoined them from preparing tax returns for others. Vito and Eleby worked with Kwame Thomas to continue to file returns after being barred from doing so, and the court ordered them to disgorge a total of $988,789.56 in ill-gotten and to notify their clients of the injunction or face possible incarceration.

Criminal indictments and convictions against fraudulent preparers obtained by the Tax Division since the 2024 filing season include the following :

• Thierry Musese, who ran a return preparation business from his barbershop located in Auburn, Maine, was charged with preparing false returns and generating fraudulent refunds for clients by including bogus business losses, fuel and residential energy credits. Musese also allegedly defrauded his clients by diverting a portion of their tax refund to himself without their permission. If convicted Musese faces a maximum penalty of three years in prison for each count of preparing a false tax return and a maximum penalty of 20 years in prison for wire fraud.
• John Borgela, a Florida return preparer, was sentenced to 30 months in prison for conspiring to file hundreds of false tax returns for clients from his business, Empire Tax services. Borgela typically inflated tax withholdings and reported fictitious itemized deductions to reduce his clients’ tax liability or to generate refunds. He concealed his involvement in the fraud by not including his name as the person who prepared the return on his clients’ tax returns.
• Vervia Watts, a return preparer in Illinois, was sentenced to one year and a day in prison for preparing and filing false returns for clients. Watts prepared over 900 fraudulent income tax returns for her clients, reporting false education expenses and business income to obtain larger refunds from the IRS. She caused a tax loss to the United States of approximately $1.3 million.
• On April 17, 2024, Jonathan Barefoot, a Mississippi return preparer, was sentenced to 30 months in prison for preparing false tax returns for clients. Barefoot conspired with others to claim inflated tax refunds for clients by reporting false education credits, itemized deductions, and business losses. He and his co-conspirators caused a loss to the United States of approximately $3.5 million.

The Tax Division reminds taxpayers that the IRS has information, tips, and reminders on its site for choosing a tax preparer carefully (Choosing a Tax Professional and How to Choose a Tax Return Preparer) and has launched a free directory of credentialed federal tax preparers. The IRS also offers taxpayers tips to protect their identities and wallets when filing their taxes.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $79,000. For individuals whose income is over that threshold, IRS Free File offers electronic federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.

In the past decade, the Tax Division has obtained civil injunctions and criminal convictions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.