WASHINGTON – A former New York businessman, who disappeared
the same day a federal jury sitting in the U.S. District Court in Newark, New
Jersey, began deliberating in his tax evasion and fraud trial, was caught while
in Greece more than 18 years after his conviction, and appeared in federal
court in the District of New Jersey on Friday, July 17, announced Acting
Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax
Division.
Gideon Misulovin, 58, whose last known address was in New
York City, was extradited from Greece to the United States to serve his 10-year
prison sentence. He has been
incarcerated in the United States since his return on July 16.
On March 7, 1996, a jury convicted Misulovin of conspiracy
to impede and impair the Internal Revenue Service (IRS) in the ascertainment
and collection of more than $6.5 million in federal motor fuel excise taxes,
wire fraud and money laundering stemming from a scheme to conceal the unpaid
diesel fuel excise taxes from state and federal tax authorities.
During trial, Misulovin was free on $500,000 bail and
attended each day of the trial. He
failed to appear in court March 4, 1996, for the parties’ closing
arguments. U.S. Senior District Judge
Dickinson R. Debevoise of the District of New Jersey in Newark issued a warrant
for his arrest. On June 25, 1997, Judge
Debevoise sentenced Misulovin in absentia to serve 10 years in prison and a
three-year term of supervised release, and to pay a $150,000 fine. The court also ordered Misulovin to pay
restitution in the amount of $200,000 to the United States and $100,000 to the
state of New Jersey.
The evidence at trial established that from 1988 through
Jan. 31, 1993, Misulovin and his co-conspirators sold untaxed diesel fuel in a
series of paper transactions using wholesale companies. Some of the companies were shams and called
“burn” or “butterfly” companies. As part
of the scheme, the sham company would assume the federal and state tax
liability and then vanish, allowing the conspirators to keep the excise taxes
they collected from truck stops and service stations.
The case, part of a then-nationwide motor fuel excise tax
enforcement effort, was investigated jointly by the Motor Fuel Task Force and
the U.S. Attorney’s Office of the District of New Jersey. In an effort to infiltrate the bootleg
gasoline industry, task force agents set up an undercover business called RLJ
Management that competed directly with the defendants’ operation.
At the conclusion of the undercover operation, in November
1992, federal agents seized Misulovin’s assets, including approximately $70,000
in cash from his residence and $277,000 from his business bank account.
Misulovin’s co-defendant and co-conspirator, Arnold
Zeidenfeld, of Brooklyn, New York, pleaded guilty prior to trial and testified
for the government. Gurmit Singh and
Manbir Singh, of Matawan, New Jersey, who operated truck stops in southern New Jersey,
also pleaded guilty for their roles in the scheme.
In August 2014, based on an Interpol Red Notice, Misulovin
was detained in a Greek airport using an alias and traveling with an Israeli
passport. He was subsequently arrested
pursuant to a U.S. request for a provisional arrest, and after contested
extradition proceedings, was found extraditable in 2015.
The task force included attorneys from the Tax Division and
agents from the IRS Criminal Investigation and Examination Divisions, the FBI,
the U.S. Department of Transportation and the New Jersey State Department of
Taxation and Finance. Seth D. Uram,
formerly a Trial Attorney in the Tax Division and now an Assistant U.S.
Attorney in Portland, Oregon, and Trial Attorney Charles A. O’Reilly of the Tax
Division prosecuted the case.
Acting Assistant Attorney General Ciraolo thanked the
Department of Justice’s Office of International Affairs, the FBI’s New Jersey
Field Office and the Greek Ministry of Justice for their assistance in
apprehending and extraditing Misulovin.
Ciraolo also thanked the U.S. Attorney’s Office of the District of New
Jersey for their substantial assistance.
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