ATTORNEY AND CLIENT INDICTED FOR CONSPIRACY TO FILE FALSE FEDERAL INCOME TAX RETURNS

ALBUQUERQUE – A grand jury in Albuquerque, N.M. has returned an indictment charging Victor Kearney, 55, of Zephyr Cove, Nev., and Robert Fiser, 58, of Albuquerque with preparing and filing false tax returns to conceal millions of dollars in income Kearney received as a beneficiary of two testamentary trusts.

            The grand jury returned the indictment on August 27, 2019.  It charges Kearney and Fiser with participating in a conspiracy to defraud the United States, from October 20, 2009, to November 4, 2016, by impairing the ability of the Internal Revenue Service (“IRS”) to assess and collect revenue in the form of income taxes.   The indictment further charges Kearney with willfully making and subscribing a false personal income tax return on September 6, 2013, in which Kearney allegedly substantially underreported his income for 2011.  The indictment further charges Fiser with allegedly aiding and assisting Kearney in the preparation of Kearney’s false return on September 4, 2013.

            According to the indictment, Kearney allegedly received annual income as a beneficiary of Mary Pat Abruzzo-Kearney Trust B and C.  Kearney hired Fiser, a licensed attorney in New Mexico, to prepare his tax returns.  Both Kearney and Fiser knew Kearney received annual income from the Abruzzo-Kearney trusts, but they did not report that income to the IRS.  Kearney and Fiser allegedly concealed their tax evasion by signing false returns and making false statements under oath at depositions in civil lawsuits.         

            Fiser appeared for arraignment in federal court earlier today.  He is out of custody pending trial.  Kearney is scheduled for arraignment on September 12, 2019.   Kearney and Fiser each face a sentence of up to 5 years in prison if convicted of the conspiracy offense.  Kearney faces up to 3 years in prison for making and subscribing a false return.  Fiser also faces 3 years in prison for aiding and assisting in the preparation of the false return.  Indictments are only accusations.  The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

            Special agents with IRS Criminal Investigation investigated this case.   Assistant U.S. Attorneys Kimberly Brawley and Sean Sullivan are prosecuting the case.