News and Press Releases

DEFENDANT PLEADS GUILTY TO TAX FRAUD; TWO OTHER INDIVIDUALS CHARGED

FOR IMMEDIATE RELEASE
November 3, 2011

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), announced that defendant Jorge Samuell, of Miami-Dade County, pled guilty on November 2, 2011 to a one count Information charging him with conspiring to defraud the Internal Revenue Service, in violation of 18 U.S.C.§ 371. At sentencing, Samuell faces a maximum statutory penalty of up to five years in prison. Sentencing is scheduled for January 18, 2012 at 11:30 am in Miami, Florida, before U.S. District Judge Marcia G. Cooke.

On October 7, 2011, defendants Yolexi Marrero and Adel Garcia were indicted on tax fraud charges. More specifically, Marrero was charged with two counts of conspiring to defraud the Internal Revenue Service, in violation of 18 U.S.C.§ 371; four counts of tax evasion, in violation of 26 U.S.C. § 7201; and two counts of making and subscribing filing a false tax return, in violation of 26 U.S.C. § 7206(1). Garcia was charged with one count of conspiring to defraud the Internal Revenue Service, in violation of 18 U.S.C. § 371; one count of tax evasion, in violation of 26 U.S.C. § 7201; and three counts of making and subscribing a false tax return, in violation of 26 U.S.C. § 7206(1).

According to the indictment returned against Garcia and Marrero, Samuell and Marrero operated Healthy Family Care Center, Inc. (HFCC), while Marrero and Garcia operated Elizabeth Medical Center, Inc. (EMC). Both companies, located in Miami-Dade County, earned income by submitting claims to insurance carriers for medical treatment purportedly provided to individuals involved in automobile accidents. Samuell and Marrero transferred income earned by HFCC to themselves through checks, which they cashed. Samuell and Marerro allegedly attempted to purposefully structure these transactions below $10,000 to prevent the financial institutions from generating Currency Transaction Reports to the Department of Treasury. HFCC did not file tax returns for either 2004 or 2005. Marrero was charged with tax evasion for failing to cause HFCC to make an income tax return in 2004 and 2005, when approximate taxes due were at least $186,666 and $10,351, respectively. The indictment also alleges that although Samuell filed individual income tax returns for 2004 and 2005, he understated his total income in the returns filed for both years.

The indictment also states that Marrero and Garcia would transfer income earned by EMC to themselves through checks, which they cashed. Marrero and Garcia allegedly purposefully structured these transactions below $10,000 in order to prevent the financial institutions from generating Currency Transaction Reports to the Department of Treasury. EMC did not file corporate income tax returns, and Garcia was charged with tax evasion for failing to cause EMC to make an income tax return when EMC owed federal income tax of at least approximately $294,864. Garcia also has been charged with making and subscribing false U.S. Individual Income Tax Returns for calendar years 2003, 2004 and 2005 by substantially understating his total income.

According to the indictment, Marrero was also president of Complete Care & Rehabilitation Center, Inc. (CCRC) in Miami-Dade County. Marrero was charged with tax evasion for failing to cause CCRC to make an income tax return in 2004 and 2005, when approximate taxes due were at least $133,226 and $30,182, respectively. Marrero also has been charged with making and subscribing false U.S. Individual Income Tax Returns for calendar years 2004 and 2005 by substantially understating his total income.

Mr. Ferrer commended the investigative efforts of the Internal Revenue Service, Criminal Investigation Division. This case is being prosecuted by Assistant U.S. Attorney Michael Davis.

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A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

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