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Department of Justice
U.S. Attorney’s Office
District of Massachusetts

Friday, May 3, 2013

Peabody Tax Preparer Charged With Fraud

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BOSTON – A Peabody tax preparer was charged today with fraud and other related charges.

Barry N. Ginsberg, 61, was charged with wire fraud, five counts of mail fraud, 11 counts of aiding a false tax return, and obstructing the Internal Revenue Service. The indictment alleges that Ginsberg owned and operated a payroll tax business that had a number of so-called “escrow” clients. The escrow clients not only had their payroll tax returns prepared by Ginsberg’s payroll tax business, but also sent money to Ginsberg’s business on a weekly basis, to be held in escrow, for the purpose of paying their payroll taxes to the IRS. It is alleged that instead of paying these monies to the Internal Revenue Service, Ginsberg used the money for other business or personal reasons. Furthermore, Ginsberg also caused false quarterly employment tax returns to be filed with the IRS and provided to his clients the false returns stating that the clients’ payroll taxes had been paid in full, when they had not.

The fraud charges carry a statutory maximum penalty of 20 years in prison, followed by three years of supervised release and a fine of $250,000 or twice the gross gain or loss from the crime, whichever is greater. The tax charges carry a statutory maximum penalty of three years in prison, followed by one year of supervised release and a fine of $250,000 or twice the gross gain or loss from the crime, whichever is greater.

United States Attorney Carmen M. Ortiz and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Jeremy Sternberg of Ortiz’s Economic Crimes Unit.

The details contained in the Indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Updated December 15, 2014