Criminal Law: June 2008 Archives

Choosing a Preparer is Important

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A Florida prison psychologist was sentenced to five years in prison for his role in an inmate personal income tax fraud scheme. In the alleged scheme, the psychologist accessed the Florida Department of Corrections database and obtained the names and other identifying information about other inmates in other prisons. The psychologist then gave that information to the inmates in his own prison and then those prisoners allegedly used that information to prepare and file false federal income tax returns claiming refunds. The total take: $902,000.00.

The IRS, in rapid response, announced a new cooperative effort to combat prison-based tax fraud:

“The prosecution of income tax refund crimes committed by prison inmates is important. …Participants in prison refund scams commit crimes against the nation’s tax systems.”

I am usually a proponent of  expansion of individual rights, but maybe prisoner’s tax returns get codes and any refund claims are picked up for at least a preliminary review at the Service Center where they are processed?

 

John M. Hanamirian

The Truth Is Out There

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spockkirk.jpg
You know those obnoxious people who talk nonstop during movies, scream their conversations on their cell phones on the train, blare their radios at the beach or the park and otherwise could care less who they are annoying. The people we all hope someone else will force them to shut it like Mr. Spock did to rousing applause in Star Trek IV to that punk on the bus blaring his boom box.

          Well, according to some at his Manhattan Gym, investment banker Stuart Sugarman fit into that crowd. He was on a spinning bike grunting loudly and encouraging himself with shouts of “You go girl” and “Good burn, good burn.” Christopher Carter, not the X Files creator but another Wall Street type, was exercising nearby and reportedly told Mr. Sugarman to quiet down only to be told “Make me!” with an index finger as punctuation. Mr. Carter then lost it, grabbing Mr. Sugarman’s bike, pushing it against a wall, and tilting it. Mr. Sugarman fell from his perch and claimed neck and back injuries.

          The Manhattan District Attorney charged Mr. Carter with a misdemeanor count of assault. At closing arguments, the prosecutor told the jury, Mr. Sugarman probably was not someone “you would want to hang out with regularly.”

          Such advocacy notwithstanding, the New York jury found Mr. Carter not guilty.

 

Alan Milstein 

         

         

 

 

 

The police gave the young woman a breathalyzer and the 17-year-old recorded a .15 percent blood-alcohol level, twice the legal limit. The police report reveals that she told the officer who pulled her over, "I didn't drink! I was kissing a boy who was drunk."

The statement itself was iffy standing alone and got even shakier when the police officer found four full beer bottles under the passenger seat of her car and an empty beer can in her purse.  She was arrested. She pleaded not guilty. That will change. 

John M. Hanamirian

 

About this Archive

This page is a archive of entries in the Criminal Law category from June 2008.

Criminal Law: May 2008 is the previous archive.

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