WASHINGTON – A Detroit grand jury has returned a superseding indictment charging Karl Herrington, of Parma, Mich., with being a felon in possession of six different firearms, the Department of Justice, the Treasury Inspector General for Tax Administration (TIGTA) and the Internal Revenue Service (IRS) announced. Herrington is charged with possessing the firearms on May 25, 2011, which was the day of his arrest on two counts of corruptly endeavoring to obstruct the administration of the Internal Revenue laws and five counts of filing false tax forms with the IRS.
According to the superseding indictment, Herrington was previously convicted of a felony offense. On May 25, 2011, when he was arrested on the underlying tax charges, Herrington possessed six different firearms, including five shotguns and a magnum rifle.
According to the superseding indictment, Herrington submitted false forms to the IRS to intimidate and harass state and local government officials and employees. These included Forms 1099-OID falsely reporting that Herrington paid original issue discount, which is taxable as interest, to law enforcement personnel and judges involved in a criminal case against him in Jackson County. In that case, Herrington was charged with being an accessory after the fact for harboring his wife, who was wanted for outstanding arrest warrants.
The superseding indictment also alleges that Herrington sent false Forms 1099-OID to federal attorneys prosecuting a criminal tax case against his wife in the Northern District of Ohio in order to interfere with that case. Among the false tax forms Herrington is accused of filing was an individual income tax return for himself falsely reporting federal tax withheld of more than $8 million.
If convicted, Herrington faces a maximum potential sentence of 31 years in prison, a maximum fine of $1.5 million and forfeiture of the firearms. An indictment is merely an allegation, and Herrington is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
Tax Division Trial Attorneys Kenneth Vert and Jeffrey McLellan are litigating the case for the United States.