Ft. Atkinson Man Sentenced to More Than Three and a Half Years for Making False Claims for Tax Refunds
Contact: Peter Deegan
A man who submitted two false claims to the IRS seeking more than $100,000 in tax refunds was sentenced on October 11, 2012, to more than three and a half years in federal prison.
Gene Jirak, age 43, from Ft. Atkinson, Iowa, was convicted of two counts of submitting false claims for tax refunds, one count of uttering a fraudulent treasury check, one count of mail fraud, and one count of aggravated identity theft.
The evidence at trial showed that Jirak devised a scheme to defraud the United States by filing two tax returns claiming he was entitled, in each return, to a tax refund of more than $50,000. In support of these fraudulent tax refund claims, defendant claimed that financial institutions withheld taxes, submitting to the IRS fabricated tax documents purportedly issued by the financial institutions. Defendant filed the first fraudulent tax return as an amended joint tax return, used his ex-wife’s name and Social Security number, and forged her signature on the tax return without her knowledge or permission. In response to that first fraudulent tax return, the IRS issued a tax refund check in the amount of more than $69,000, made payable to defendant and his ex-wife. Defendant signed the back of the check, forged his ex-wife’s signature on the back of the check, and deposited it into his bank account.
Jirak was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Jirak was sentenced to 45 months’ imprisonment. A special assessment of $500 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
"Refunds are issued to taxpayers who are entitled to them," said Stephen Boyd, Special Agent in Charge of IRS Criminal Investigation. "At the IRS, protecting taxpayer money is a matter we take extremely seriously."
Jirak was released on the bond previously set and is to surrender to the United States Marshal on November 5, 2012, after which he will be transported to a federal prison. The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Internal Revenue Service. Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 11-cr-2041.