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August 22, 2018

Connecticut Man Sentenced for Corrupt Interference With the IRS

On June 29, 2018, in the District of Connecticut, Terry DiMartino was sentenced for corrupt interference with the Internal Revenue laws, filing false tax returns, and willfully failing to file tax returns. A jury found DiMartino guilty in March 2016 of all eight counts charged in the indictment.

According to the court documents, DiMartino was a resident of Newington, Connecticut, and sold insurance from at least 1999 through 2013. From at least October 2004 through about May 2014, DiMartino corruptly endeavored to obstruct and impede the due administration of the Internal Revenue laws by various means. These means included, but were not limited to, submitting false and threatening correspondence to the Internal Revenue Service (IRS) in an attempt to defeat the assessment, collection, and investigative efforts of the IRS; filing false tax returns; submitting worthless bonds purporting to satisfy his tax liabilities; using nominees to hide and conceal assets and income from the IRS; and attempting to prevent insurance companies from complying with IRS levies.

Specifically, as part of his attempts to interfere with the IRS, DiMartino submitted false and threatening correspondence accusing IRS special agents and an Assistant U.S. Attorney of criminal misconduct. He also submitted documents purporting to be part of a legal case against IRS personnel for a number of purported criminal violations and a false claim stating that the IRS owed him $327,000, plus $327,000 in punitive damages. Additionally, DiMartino submitted to the IRS three false tax returns requesting a total of more than $14 million in false refunds, and worthless bonds with a total purported value of more than $101 billion, which he claimed satisfied his tax liabilities.

DiMartino also willfully failed to file tax returns from 2008 through 2012 and, according to the Government's June 2018 sentencing memorandum, he continued to fail to file personal income taxes for another three years despite his 2016 conviction. The total tax loss to the IRS is more than $1.7 million.

DiMartino was sentenced to 70 months' imprisonment followed by one year of supervised release. He was further ordered to pay restitution to the IRS in the amount of $658,547.62 and to cooperate with the IRS to pay all outstanding taxes, interest, and penalties.

    Source:  The facts in this case narrative come from the following publicly available documents: D. Conn. Indict. filed Aug. 14, 2014; D. Conn. Verdict Form filed Mar. 28, 2016; D. Conn. Government's Supplemental Memorandum in Aid of Sentencing filed June 18, 2018; and D. Conn. Judgment filed July 6, 2018.