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.