Mother and Son Indicted for Conspiracy to Defraud the IRS
DENVER – Jaquon Mucsarney, age 35, of Aurora, appeared yesterday before a U.S. Magistrate Judge for his initial appearance, where he was advised of his rights and the charges of defrauding the IRS pending against him, announced United States Attorney John Walsh, IRS Criminal Investigation Special Agent in Charge Stephen Boyd and Social Security Administration Office of Inspection General Special Agent in Charge Wilbert M Craig. MucSarney is one of three defendants indicted and arrested for defrauding the IRS and mail fraud. Last week, Schosche Mucsarney, age 54, of Aurora, appeared on related charges .
Jason Mucsarney, Schosche Mucsarney and co-conspirator, Sherry Charleston where indicted by a Federal Grand Jury in Denver on January 7, 2016. The indictment remained sealed until their arrests. Sherry Charleston and Schosche Mucsarney are free on a bond.
Beginning in January 2011 and continuing through December 2015, Jaquon, Schosche and Sherry as well as others known and unknown to the grand jury devised a scheme to defraud the Internal Revenue Service. As part of the scheme, Jaquon filed tax returns with the IRS which contained false statements and information. At times, he was assisted by his mother, Schosche when making such filings.
As part of the scheme, Jaquon and Schosche caused or attempted to cause the IRS to issue tax refund checks from the United States Treasury based on the false information provided in various tax returns. Jaquon submitted or caused the submission of online applications to the IRS which resulted in the IRS issuing an employer identification number (“EIN”) shell corporations and used stolen identities and social security numbers (“SSN”) of actual persons when providing information to the IRS to obtain an EIN for one of his shell corporations.
Jaquon worked with Schosche and Sherry to receive tax refund checks issued by the IRS. Jaquon directed the IRS to send the refund checks to mailing addresses which he controlled, or to addresses connected to Schosche and Sherry. Jaquon and Schosche submitted approximately 100 tax returns containing false information to the IRS which claimed refunds totaling in excess of $2,000,000. Ultimately, the IRS paid out approximately $300,000 in refunds based on some of the returns.
To further obstruct and impede the IRS, on February 12, 2015, Sherry provided false and misleading information to an IRS Special Agent investigating Jaquon’s activities; on June 22, 2015, Sherry with Jaquon’s advice and counsel intentionally failed to appear for testimony before a Federal Grand Jury.
Jaquon was charged with; 18 counts of mail fraud, one count of conspiracy to defraud the government, 19 counts of false claims, 12 counts of aggravated identity theft and one count of obstruction of justice. Sherry was charged with; 4 counts of mail fraud, one count of conspiracy to defraud the government, 7 counts of false claims, one count of aggravated identity theft and one count of obstruction of justice. Schosche was charged with; 6 counts of mail fraud, one count of conspiracy to defraud the government, and three counts of false claims.
Mail fraud carries a penalty of not more than 20 years in federal prison, and a fine of up to $250,000 per count. Conspiracy to defraud the government carries a penalty of not more than 10 years in federal prison, and a fine of up to $250,000 per count. False claims carry a penalty of not more than 5 years in federal prison, and a fine of up to $250,000 per count. Aggravated Identity Theft carries a penalty of 2 years imprisonment minimum consecutive to underlying felony and a fine of up to $250,000 per count. Obstruction of justice carries a penalty of not more than 3 years in federal prison, and a fine of up to $250,000 per count.
This case was investigated by the Internal Revenue Service – Criminal Investigation and Social Security Administration, Office of Inspection General. This case is being prosecuted by Assistant U.S. Tim Neff.
The charges contained in the indictment are allegations, and the defendant is presumed innocent until proven guilty.