Michigan Man Convicted of Obstructing the Internal Revenue Service in IRS Form 1099-OID Schemes and Gun Crime

WASHINGTON – Karl Herrington, of Parma, Mich., was convicted of two counts of corruptly endeavoring to obstruct the administration of the Internal Revenue laws, four counts of filing false tax forms with the Internal Revenue Service (IRS) and one count of being a felon in possession of six different firearms, the Justice Department, the Treasury Inspector General for Tax Administration (TIGTA) and the IRS announced today. The jury returned guilty verdicts on the tax charges on Aug. 24, 2011, and a guilty verdict on the gun charge today.

According to the evidence at trial, 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, Mich. In that case, Herrington was charged with being an accessory after the fact for harboring his wife, who was wanted for outstanding arrest warrants.

Further, the evidence established 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.

Herrington was also convicted of possessing 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 evidence at trial, 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.

Herrington faces a maximum potential sentence of 21 years in prison and a maximum fine of $1.5 million. U.S. District Court Judge Stephen J. Murphy III of the Eastern District of Michigan ordered that Herrington be detained immediately following his conviction. A sentencing date has not been scheduled.

TIGTA and IRS-Criminal Investigation investigated this case and Tax Division Trial Attorneys Kenneth Vert and Jeffrey McLellan prosecuted the case for the United States.

More information about the Tax Division and its enforcement efforts can be found at www.justice.com/tax.