A federal grand jury sitting in
Montgomery, Ala., has returned an indictment charging David Marrero, formerly a
resident of Florida, with corruptly endeavoring to obstruct the Internal
Revenue Service (IRS) and filing false claims, the Justice Department and IRS
announced today.
According to the indictment, while Marrero was
serving a federal sentence in the custody of the Federal Bureau of Prisons in
Montgomery County, Ala., he began sending various false documents to the IRS
and to the federal judge who had presided over his case. Among the documents he is alleged to have
sent were false money orders and false tax returns making claims for refunds,
which were based upon false IRS Forms 1099-OID that Marrero had prepared. Marrero also allegedly used financial
documents he had obtained from other people, without their knowledge or
consent, as supporting documentation for his fraudulent claims.
An indictment merely alleges that crimes
have been committed, and the defendant is presumed innocent until proven guilty
beyond a reasonable doubt. If
convicted, Marrero faces a potential maximum of three years in prison on the
obstruction count and five years in prison on each false claims count, well as
up to $1 million in fines.
The case was investigated by Special Agents of
the IRS - Criminal Investigation. Trial
attorneys Jason H. Poole and Justin K. Gelfand of the Justice Department’s Tax
Division are prosecuting the case.
Form 1099-OID schemes are one of the IRS’s
“Dirty Dozen” tax scams for 2012. Additional information about the Tax Division
and its enforcement efforts may be found at Justice.gov/tax.
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