06/04/2021
News from the Justice Department’s Tax Division
A Florida couple was sentenced to prison for their participation in a scheme to file four fraudulent loan applications seeking more than $1.1 million in forgivable Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
According to court documents and statements, Thomas Smith, of Pewaukee, WI, fraudulently sought over $1.2 million in PPP loans through applications to a federally insured financial institution on behalf of eight different companies. According to his plea agreement, Smith caused to be submitted fraudulent loan applications containing numerous false and misleading statements about the companies’ respective payroll expenses. Based on these representations, the financial institution approved and funded over $1 million in loans. Smith then directed his co-conspirators to send him portions of the PPP funds. In addition to the prison sentence, Smith was ordered to pay $960,000 in restitution.
The United States filed a complaint against Wendell Devallon, Berald Dominique, and Tax Time Group Inc. seeking to enjoin them from preparing returns for others. The complaint alleges that Devallon and Dominique co-own Tax Time Group Inc., which has its principal place of business in North Lauderdale, Florida, and additional offices in Charlotte, North Carolina; Niagara Falls, New York; Buffalo, New York; and Evansville, Indiana. According to the complaint, defendants prepared tax returns for customers that claimed fraudulent self-employment expenses, fictitious education credits, and fake charitable contributions, among other schemes. The complaint also alleged that Devallon and Dominique acted as “ghost” preparers, meaning that they acted as paid tax return preparers but did not sign the returns they prepared, as required by law.