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Real Estate Tax Fraud

Updated April 19, 2005

In recent years, the booming real estate market has helped increase mortgage fraud and other phony real estate related schemes. The perpetrators of these schemes range from mortgage brokers looking to make a fast buck to drug dealers laundering their ill-gotten gains. Every year, these fraudulent schemes victimize individuals and businesses from many walks of life, including struggling low-income families lured into home loans they can’t afford, legitimate lenders saddled with over-inflated mortgages and honest real estate investors fleeced out of their investment dollars.

Through federal tax fraud investigations and money laundering charges, the Internal Revenue Service is playing a key role in the fight against real estate fraud.

The number of real estate fraud investigations initiated by IRS Criminal Investigation (CI) doubled between Fiscal Year (FY) 2001 and Fiscal Year 2003. Similarly, the average prison term handed out by federal judges to defendants in these schemes nearly doubled over the same period.FY2004 statistics reflect a three year high of the number of cases recommended for prosecution as well as indicted, convicted and incarcerated.

North Carolina Man Sentenced in Real Estate Scheme
On Sept. 2, 2004, in Greensboro, N.C., George Monk was sentenced to 87 months in prison, followed by three years supervised release, fined $200, and ordered to pay $224,368 in restitution after pleading guilty to numerous tax and fraud charges. Monk and others devised a scheme to utilize various mortgage brokers to submit materially false information to mortgage lenders to obtain mortgage loans. Monk recruited individuals to act as purchasers “straw-buyers”. He then deceived them into believing that following the purchase of the real estate in their names, that he would pay all monthly mortgage payments and promptly transfer the parcels of real property out of the straw-buyers’ name. Monk failed to pay the monthly mortgage payments allowing the property to go into default and causing the sale of the property through foreclosure.

Real Estate Company Owner Sentenced to 27 Months for Money Structuring
On April 13, 2004, in Providence, R.I., William Ricci was sentenced to 27 months in prison fined $20,000 and ordered to perform 1,000 hours of community service for a money-structuring scheme. Ricci admitted that he generated the appearance of business cash flow by cashing checks at a check-cashing company and depositing cash and money orders generated by those checks into various business accounts. In February 1998, Ricci embarked on a scheme to obtain financing for his various real estate companies by submitting fraudulent documentation that artificially inflated the value of the companies. Ricci generated the false appearance of cash flow in those companies by cashing a series of checks all for amounts of less than $10,000, and depositing the cash and money orders obtained with those checks into his company accounts. Some of the checks Ricci cashed were payable to himself. Others were payable to existent and non-existent third parties who were made to appear as if they were subcontractors. Ricci admitted that, between February 1999 and December 1999, he structured approximately $1,307,498 with 400 checks, all for amounts less than the $10,000 reporting level.

 


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There Are Ways For People Facing Hardships To Deal With Taxes.

You may qualify for an Offer in Compromise if you are unable to pay your taxes in full or if you are facing severe or unusual economic hardship

If you are suffering, or about to suffer a significant hardship because of the way Internal Revenue laws are being carried out, you may ask for special help from the IRS' Taxpayer Advocate Program. The Taxpayer Advocate represents your interests and concerns within the IRS by protecting your rights and resolving problems that have not been fixed through normal channels.


 


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