Florida Resident Sentenced to Prison for Obstructing the IRS and Stealing Government Refunds
Used $485,000 in Illegal Tax Refunds to Buy House and Luxury Vehicles
A Boynton Beach, Florida, resident was sentenced to 30 months in prison today in U.S. District Court for the Southern District of Florida for corruptly endeavoring to obstruct the due administration of the internal revenue laws and theft of government funds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to documents filed with the court, from 2010 to 2015, David R. Andre, 41, filed fraudulent personal tax returns with the Internal Revenue Service (IRS) that sought more than $5.6 million in refunds to which he was not entitled. As a result of these returns, which falsely reported income earned and income tax withheld, the IRS paid Andre more than $485,000 in refunds. He used the funds to purchase his residence and multiple vehicles, including a Jaguar and Mercedes Benz. In late 2012, the IRS began trying to collect the taxes Andre owed and placed a lien on his residence. Days after the lien was recorded, Andre filed a form with the IRS that falsely claimed he was making a substantial payment, and the IRS released the lien. After Andre did not make the payment, the IRS revoked its release and re-filed the lien. In 2015, Andre also made false statements to IRS agents and told them that he purchased his residence with money he inherited, did not recall receiving any large refunds from the IRS, and had not filed a tax return since 2008.
In addition to the term of prison imposed, Senior U.S. District Court Judge Kenneth A. Marra also sentenced Andre to serve three years of supervised release, forfeit $137,582.70 to the United States and pay $485,298.96 in restitution to the IRS. In June, Andre pleaded guilty to corruptly endeavoring to obstruct the due administration of the internal revenue laws and theft of government money.
Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Daniel McGraw and Charles Edgar, Jr. of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.