May 26, 11

NEWS / Jackson County, Michigan, Man Arrested and Charged with Obstructing the IRS in Form 1099-OID Schemes

WASHINGTON – Karl Herrington of Parma, Mich., was arrested today on charges of two counts of corruptly endeavoring to obstruct the administration of the internal revenue laws, and five counts of filing false tax forms with the Internal Revenue Service (IRS), the Department of Justice, the Treasury Inspector General for Tax Administration (TIGTA) and the IRS announced. The indictment was returned on May 12, 2011, and was unsealed today in U.S. District Court in Detroit.



According to the indictment, Herrington submitted false forms to the IRS to intimidate and harass state and local government officials and employees. These included Forms 1099-OID falsely reporting that Herrington paid original issue discount, which is taxable as interest, to law enforcement personnel and judges involved in a criminal case against him in Jackson County. In that case, Herrington was charged with being an accessory after the fact for harboring his wife, who was wanted for outstanding arrest warrants.



The indictment also alleges that Herrington sent false Forms 1099-OID to federal attorneys prosecuting a criminal tax case against his wife in the Northern District of Ohio in order to interfere with that case. Among the false tax forms Herrington is accused of filing was an individual income tax return for himself falsely reporting federal tax withheld of over $8 million.



If convicted, Herrington faces a maximum potential sentence of 21 years in prison and a maximum fine of $1.5 million. An indictment is merely an allegation, and Herrington is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.



Tax Division Trial Attorneys Kenneth Vert and Jeffrey McLellan are litigating the case for the United States.

http://www.justice.gov/opa/pr/2011/May/11-tax-680.html

Tags: form 1099, tax form,