Grand Jury Indicts Man in IRS Impersonation Fraud Scheme

DALLAS — A federal grand jury in Dallas has indicted a 42-year-old man from Miami, Florida, on various felony offenses stemming from his role in an Internal Revenue Service (IRS) impersonation fraud scheme, announced U.S. Attorney John Parker of the Northern District of Texas.

Arnoldo Perez Mirabal was arrested in Miami on May 23, 2016, on charges outlined in a federal complaint filed the previous week in federal court in Dallas.  After making an initial appearance in federal court in Miami, yesterday he appeared before U.S. Magistrate Judge David L. Horan in Dallas and pleaded not guilty to an indictment that was returned last week.  Trial is set for August 29, 2016, before U.S. District Judge Jane J. Boyle.  He remains in federal custody.

The indictment charges Mirabal with one count of conspiracy to commit wire fraud and two counts of wire fraud.  If convicted, each of the three counts carries a maximum statutory penalty of 20 years in federal prison and a $250,000 fine.  Restitution could also be ordered.  The indictment also includes a forfeiture allegation that would require him, upon conviction, to forfeit any property derived from proceeds of the offense to the U.S.

According to the indictment and complaint filed in the case, from approximately September 2015 until April 2016, Mirabal or other individuals would make unsolicited phone calls to unsuspecting taxpayers claiming to be IRS agents or employees, telling the taxpayer they owed the IRS an outstanding debt that must be paid immediately.  This IRS impersonator would typically threaten the taxpayer with arrest or a lawsuit if the funds were not immediately paid.

Then, Mirabal or others would direct the taxpayers to settle this purported IRS debt by wiring funds to Mirabal via MoneyGram or Walmart-2-Walmart services at a location in the Northern District of Texas or elsewhere.  As a result of these representations, according to the indictment, Mirabal received a total of $7,005.00 from taxpayers who believed they were required to wire funds to satisfy an outstanding tax debt.

A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge.  An indictment is merely an allegation and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

The case is being investigated by the Treasury Inspector General for Tax Administration and the Social Security Administration Office of the Inspector General.

Special Assistant U.S. Attorney Nicole Dana is in charge of the prosecution.

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