LAS VEGAS
- - Daniel G. Bogden, United States Attorney for the District of
Nevada, and Byram Tichenor, Special Agent-in-Charge of Internal
Revenue Service Criminal Investigation for Nevada and Utah, announce
that DAVID BETHLEY, age 30, JOHNING WALKER, a/k/a JOHNNY WALKER,
age 29, MIKO FIELDS, age 29, ANDREW THOMAS, age 26, and THOMAS WILRIDGE,
age 36, all residents of the Las Vegas, Nevada area, have been charged
by the Grand Jury sitting in the District of Nevada in Las Vegas
with conspiring to defraud the IRS by submitting numerous false
income tax returns and obtaining tax refund payments to which they
were not entitled.
The 30-count Indictment charges all five defendants with one count
of Conspiracy to Defraud the Government, a violation of Title 18,
United States Code, Section 286, and each with different counts
of False, Fictitious, or Fraudulent Claims and Aiding and Abetting,
violations of Title 18, United States Code, Sections 287 and 2.
The Indictment, returned on March 11, 2003, alleges that the defendants
solicited and recruited persons to submit false and fraudulent tax
returns to the IRS. Almost all of the persons recruited by the defendants
resided in the Las Vegas area. The defendants obtained blank W-2
forms, prepared them with fraudulent income and withholding information,
provided the completed false W-2 form to the recruited person, and
directed the recruited person to file the return electronically
with a local tax preparation business and obtain a refund anticipation
loan. In some cases, the recruited person gave a portion of any
refund received to one or more of the defendants and kept the remaining
portion. The Indictment lists 29 persons who were recruited to file
29 false tax returns between February 1, 2002, and April 15, 2002.
The refunds claimed were in excess of $130,000.
All five defendants were arrested in the Las Vegas area the morning
of March 12, 2003. They are currently in custody, awaiting an initial
appearance hearing before a United States Magistrate Judge.
If convicted, the defendants are facing up to ten years in prison
on the Conspiracy count and up to five years in prison on all the
additional counts for making False, Fictitious, or Fraudulent Claims.
The defendants are also facing fines of up to $250,000 on each count.
The actual sentence, however, will be dictated by the United States
Sentencing Guidelines, which take into account a number of factors
and will be imposed at the discretion of the Court.
IRS Special Agent-in-Charge Tichenor stated, "We are well into
tax filing season, and IRS Criminal Investigation is actively investigating
allegations of false claims for refund. As part of this effort,
we pro-actively examine preparers who are suspected of preparing
false tax returns. Citizens need to be aware that regardless of
who prepares their return, they are responsible for the content.
The submission of false information or claims subjects both the
preparer and the individual who signs the return to significant
penalties and interest, and in some cases potential criminal charges."
The case was investigated by Special Agents with IRS Criminal Investigation
and is being prosecuted by Assistant United States Attorney Brian
J. Quarles.
The public is reminded that an Indictment contains only charges
and is not evidence of guilt. The defendants are presumed innocent
and are entitled to a fair trial at which the government has the
burden of proving guilt beyond a reasonable doubt.
# # # #
|