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Press Release

Lakewood man writes off expenses, including use of yacht and luxury world travel, to underreport income by $2 million

For Immediate Release
U.S. Attorney's Office, Northern District of Ohio

A Lakewood man was charged in federal court for taking improper write-offs and not reporting more than $2 million in taxable income, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

Thomas G. Klocker, 47, was charged via criminal information with four counts of tax evasion. The counts cover the tax years 2007 through 2010.

“Nobody likes paying taxes, but we all have to pay our fair share, which includes being honest about deductions and expenses,” Rendon said. “Those who underreport their income and take improper deductions will be held accountable.”

“As this tax filling season comes to a close, we are reminded of our collective duty to accurately file and pay our taxes,” Enstrom said. “Those who willfully abscond from this duty will be pursued and brought to justice.”

Klocker was the sole shareholder and operator of All Metal Sales (AMS) in Westlake. He also operated TT Charter Leasing, which was in the business of chartering the luxury yacht “Tommy Time”, according to the information.

Klocker diverted corporate funds from AMS for his own use to benefit his personal lifestyle and avoid personal income liabilities between 2007 and 2010, according to the information.

For example, Klocker diverted funds from AMS to construct a waterfront residence in Lakewood and to maintain his 68’ Sunseeker yacht, as well as to pay for luxury travel and to make cash withdrawals. He reported substantial business losses arising from the operating costs and expenses arising from the personal use of the TT Charter Leasing yacht, according to the information.

He also misrepresented his personal expenses entered into AMS’ books and records by falsely describing them as legitimate business expenses. Klocker also provided false information to his tax-return preparers about expenses he described as business-related which were, in fact, personal in nature – including luxury travel with his family, according to the information.

Klocker underreported his taxable income by more than $2 million during tax years 2007, 2008, 2009 and 2010. He owes at least an additional $611,000 in taxes for that period, according to the information.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

A charge is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

This case is being prosecuted by Assistant U.S. Attorney Robert J. Patton following an investigation by the Internal Revenue Service – Criminal Investigations, with assistance from the Federal Bureau of Investigation – Cleveland Field Office.

Updated April 18, 2016