A Houston, Texas man was convicted by a federal jury
yesterday in the U.S. District Court for the Southern District of Texas of two
conspiracies and tax crimes, announced Principal Deputy Assistant Attorney
General Richard E. Zuckerman of the Justice Department’s Tax Division.
In total, Kenneth J. Coleman, 51, was convicted of nine
counts, including conspiracy to commit money laundering, conspiracy to
structure currency transactions, corporate tax evasion, filing false tax
returns with the IRS and failing to file a tax return with the Internal Revenue
Service (IRS). U.S. District Court Senior Judge David Hittner set Coleman’s
sentencing for February 2, 2019. Coleman’s co-conspirator, Marcus Weathersby,
formerly of Houston, Texas, pleaded guilty to conspiracy to commit money
laundering and was sentenced in June 2018 to 58 months in prison. He testified
at trial.
The evidence at trial established that Coleman participated
in a scheme to facilitate the fraudulent sale of second-hand prescription
medications to Utah-based Green Valley Medical Distributors, LLC (Green
Valley). Coleman, owned Acacia Pharma Distributors, Inc. (Acacia) and Four
Corner Suppliers, Inc. (Four Corner), which purchased bottles of prescription
medications from illegitimate sources and then sold the medications to Green Valley,
which then sold the medications to pharmacies as new.
Federal regulation requires wholesale distributors of
prescription medications to provide to a buyer a pedigree – a written statement
identifying each prior sale, purchase or trade of the drugs being sold that
includes the business name and information of all parties to the prior
transactions, starting with the manufacturer. Coleman and others acting at his
direction created false pedigrees and provided the false documents to Green
Valley. Evidence at trial showed that Green Valley would withhold payment to
Coleman until it received these false pedigrees.
Coleman and Weathersby deposited proceeds from the
fraudulent sale of these second-hand prescription drugs into Acacia’s and Four
Corner’s business bank accounts and used the funds to pay the suppliers of the
illicit pharmaceuticals. At trial, the government proved that Weathersby and
others acting at Coleman’s direction laundered more than $36 million of illicit
funds, including over $2 million in more than 230 cash withdrawals made in
amounts less than $10,000 in order to evade bank-reporting requirements.
The evidence at trial also established that Coleman evaded
assessment and payment of Acacia’s and Four Corner’s income tax liabilities,
and that he failed to file an individual tax return for tax year 2011, and
filed false individual income tax returns for tax years 2012 and 2013 with the
IRS.
Coleman now faces a maximum sentence of 20 years in prison
for the money laundering conspiracy and a maximum sentence of five years for
the conspiracy to structure currency transactions. Coleman also faces a
five-year maximum sentence for each count of tax evasion and a maximum sentence
of three years in prison for each count of filing a false tax return. Coleman
also faces a term of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Richard E.
Zuckerman thanked agents of IRS-Criminal Investigation, the Federal Bureau of
Investigation, and the Federal Department of Agriculture, who conducted the
investigation, and Trial Attorneys Sean Beaty and Terri-Lei O’Malley of the Tax
Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement
efforts can be found on the division’s website.
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