U.S. flag

An official website of the United States government

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Https

Secure .gov websites use HTTPS
A lock () or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

November 26, 2019

Volunteer Income Tax Assistance Return Preparer Indicted for Scheme to Receive False Tax Refunds

On October 1, 2019, in the Southern District of Texas, Brian Washington was charged in an 18-count indictment with making false statements on an income tax return, theft of Government money, and aggravated identity theft. Washington was subsequently arrested in connection with the charges.

According to the indictment, from January 2015 through April 2018, Washington owned and operated several tax preparation businesses. During two tax filing seasons, he worked as a Volunteer Income Tax Assistance (VITA) return preparer. The VITA program is a nationwide initiative sponsored by the Internal Revenue Service (IRS) to provide help with income tax filing to low and moderate income people. Washington took taxpayer return information from the VITA locations to prepare and file taxpayers’ returns from his residence, without proper authorization.

Washington prepared the tax returns using false Schedules A, false Schedules C, false earned income tax credits, and/or false child and dependent care credits. Washington used false information to request larger refunds than the amount to which the taxpayer was entitled. He then paid the taxpayers the refund they expected and kept the portion that had been falsely claimed. Washington did not sign the returns as the preparer, but instead falsely used the names of others. The investigation showed that Washington filed approximately 258 tax returns in the course of this scheme, claiming refunds totaling $1,196,871.

Additionally, Washington knowingly transferred, possessed, and used one victim’s name, date of birth, and Social Security Number in relation to the theft of Government money.

If convicted, Washington could be ordered to forfeit all property which constitutes, or is derived from, proceeds traceable to these offenses. He could also face a sentence of ten years’ imprisonment relative to the theft counts, three years’ imprisonment for making false statements on tax returns, and a mandatory sentence of two years’ imprisonment for the aggravated identity- theft count.

Source:  The facts in this case narrative come from the following publicly available documents: S.D. Tex. Indict. filed Oct. 1, 2019; and S.D. Tex. Crim. Docket as of Oct. 16, 2019.