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ATTORNEY/CPA CONVICTED OF MAIL FRAUD, TAX FRAUD AND OBSTRUCTION

FEBRUARY 7, 2011

BOSTON, Mass. - A federal jury has convicted a Boston attorney and Certified Public Accountant on 25 counts of mail fraud, tax fraud and obstruction.

JOHN H. KELLEHER, 67, of Quincy, who maintains an office in Boston, was convicted by a jury sitting before U.S. District Judge Nancy Gertner of 12 counts of mail fraud, 10 counts of tax fraud and three counts of obstruction.

Evidence presented during the six day trial proved that KELLEHER, a tax preparer and an attorney, repeatedly stole federal tax refund checks from his clients. KELLEHER also submitted false information on his clients’ tax returns, thereby increasing the amount of tax refunds he stole. KELLEHER later asked clients to lie to federal investigators in order to conceal his wrongdoing and his diversion of refund checks from those clients. In addition, KELLEHER submitted false tax returns in his own name, claiming bogus deductions to offset hundreds of thousands of dollars in rental income that he had collected.

Judge Gertner scheduled sentencing for June 6, 2011.

For each of the mail fraud counts, KELLEHER faces up to 20 years imprisonment, to be followed by up to three years of supervised release and a fine of up to $6.25 million. For each of the counts of filing false tax returns and obstructing the administration of the internal revenue laws, KELLEHER faces up to three years imprisonment, to be followed by one year of supervised release and a fine of up to $6.25 million.

“This conviction sends a strong message to those who seek to take advantage of innocent taxpayers for personal benefit. We will continue to aggressively pursue professionals who abuse the trust of their clients and exploit their positions for personal gain,” said United States Attorney Carmen M. Ortiz.

United States Attorney Ortiz, William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston and Kevin J. McGlynn, Special Agent In Charge, Treasury Inspector General for Tax Administration (TIGTA) made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Sara Miron Bloom and Shannon T. Kelley.

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