Federal Court Enjoins Tuscon Area Tax Preparer From Preparing Tax Returns

Preparer included claims for false business losses and charitable contributions on client returns

The Justice Department announced today that a federal court in Arizona permanently enjoined a Tucson area tax return preparer from preparing federal income tax returns for others.

The civil complaint filed in the case alleged that Joseph Michael Vosberg included false business losses and charitable deductions on some of his clients’ returns. According to the complaint, Vosberg also allegedly instructed his clients to keep receipts from their day-to-day activities to document their false business expenses and charitable donations in the event of an IRS audit and not to cooperate with the IRS during civil audits. The complaint alleges that Vosberg’s fraudulent tax return preparation activities have caused significant harm to his customers, the United States, and the public at large.

Vosberg consented to the entry of a permanent injunction as part of his 2018 plea agreement with the United States in United States v Vosberg, CR 18-2527-RCC-EJM (D. Ariz.) (Dkt. No. 7). Under the terms of that agreement, Vosberg pleaded guilty to two counts of aiding and assisting in the preparation and presentation of a false federal income tax return. 

“Return preparer fraud is a significant drain on the U.S. Treasury, and the Justice Department is committed to working with the IRS to bring enforcement actions against return preparers who prepare fraudulent tax returns,” said Principal Deputy Assistant Attorney General Richard Zuckerman. “The Tax Division will use all available enforcement tools to hold dishonest return preparers accountable and protect the U.S. Treasury from further damage.”

Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers.

In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

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    The United States Interagency Council on Homelessness (USICH) consists of representatives from 19 federal agencies—including a Chair and Vice-Chair—on its governing Council and a full-time staff led by an Executive Director. The Executive Director has led most day-to-day operations, including hiring and managing staff, preparing budget requests, working with private-sector groups, drafting strategic plans, developing performance goals, and drafting agendas for the Council's quarterly meetings. Council members have quarterly meetings to discuss and consider homelessness issues and review the efforts of the Executive Director and USICH staff. Actions taken at Council meetings held from December 2017 through March 2020 included electing the Chair and Vice-Chair, appointing the Executive Director, and approving the USICH strategic plan and activities of interagency working groups. USICH staff also informed the Council of their performance results during the quarterly meetings. Some roles and responsibilities for the governance of USICH, such as the types of matters that require Council approval, are not fully defined or documented. Recent Council Chairs told GAO they generally did not have a clear understanding of their roles and responsibilities and generally based them on their predecessors' activities. For example, the 2019 Chair stated he saw his responsibilities as preparing and chairing quarterly Council meetings and acting as the Council's external spokesperson, but there were no written procedures detailing these responsibilities. The 2019 Chair also stated that he had no involvement in overseeing the USICH budget or operations, staff, and interagency working groups. Standards of Internal Control for the Federal Government state that for an entity's objectives to be achieved the responsibilities and delegations of authority should be clearly established. At its quarterly meeting held in March 2020, the Council approved a charter that addresses voting mechanics, performance evaluations for the Executive Director, and the authority of the Executive Director to oversee personnel. But the charter does not fully clarify the Council's responsibilities in other areas, such as the responsibilities of the Council Chair, types of matters that would require approval by Council vote, and actions that are within the Executive Director's delegated authority. Additional clarity and documentation in these areas may assist the Council in securing a fuller understanding of its oversight role and responsibilities. The mission of USICH is to coordinate the federal response to homelessness and create partnerships with the private sector and state and local governments to reduce and end homelessness. The joint explanatory statement related to the Consolidated Appropriations Act, 2019 includes a provision for GAO to review the management and governance structure of USICH, including the Council's ability to oversee the Executive Director and USICH operations. This report (1) describes the structure and practices for USICH operations and (2) evaluates the extent to which roles and responsibilities for the governance of USICH have been defined and documented. GAO focused primarily on the 2017–2020 time frame and analyzed agency documentation (such as Council meeting transcripts, and USICH's strategic plan and performance reports) and interviewed Council members, current and former Executive Directors, and staff from member agencies. GAO is recommending that the Council further clarify and document its roles and responsibilities for matters requiring the Council's approval, the role of the Council Chair, and actions within the Executive Director's delegated authority. The Council concurred with the recommendation. For more information, contact Alicia Puente Cackley, (202) 512-8678, cackleya@gao.gov.
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  • Federal Telework: Key Practices That Can Help Ensure the Success of Telework Programs
    In U.S GAO News
    The Telework Enhancement Act of 2010 (the act) defines telework as a work flexibility arrangement under which an employee performs the duties and responsibilities of their position and other authorized activities from an approved worksite other than the location from which the employee would otherwise work. GAO previously identified key practices in telework-related literature and guidelines that federal agencies should implement in ensuring successful telework programs. These key practices may be grouped under seven categories. Program planning. Consistent with a key practice GAO identified, agencies are required to have a telework managing officer. Other key practices related to planning for a telework program include establishing measurable telework program goals, and providing funding to meet the needs of the telework program. Telework policies. Agencies can help ensure their workforces are telework ready by establishing telework policies and guidance. To ensure that teleworkers are approved on an equitable basis, agencies should establish eligibility criteria, such as suitability of tasks and employee performance. Agencies should also have telework agreements for use between teleworkers and their managers. Performance management. Agencies should ensure that the same performance standards are used to evaluate both teleworkers and nonteleworkers. Agencies should also establish guidelines to minimize adverse impacts that telework can have on nonteleworkers. Managerial support. For telework programs to be successful agencies need support from top management. They also need to address managerial resistance to telework. Training and publicizing. Telework training helps agencies ensure a common understanding of the program. The act requires agencies to provide telework training to employees eligible to telework and to managers of teleworkers. Keeping the workforce informed about the program also helps. Technology. Agencies need to make sure teleworkers have the right technology to successfully perform their duties. To that end, agencies should assess teleworker and organization technology needs, provide technical support to teleworkers, and address access and security issues. Program evaluation. Agencies should develop program evaluation tools and use such tools from the very inception of the program to identify problems or issues. Agencies can then use this information to make any needed adjustments to their programs. GAO has previously reported instances where selected agencies faced challenges implementing telework programs that aligned with key practices. For example, three of four selected agencies did not require review or document their review of ongoing telework agreements. These reviews are important to provide assurance that the agreements reflect and support their current business needs. GAO also previously reported that managers at three of four selected agencies were not required to complete telework training before approving staff's telework agreements. The training is important to ensure managers fully understood agency telework policy and goals before approving or denying requests to telework. Telework offers benefits to federal agencies as well as to the federal workforce. These include improving recruitment and retention of employees, reducing the need for costly office space, and an opportunity to better balance work and family demands. In addition, telework is a tool that agencies can use to help accomplish their missions during periods of disruption, including during the current COVID-19 pandemic. Congress has encouraged federal agencies to expand staff participation in telework, most recently by passing the Telework Enhancement Act of 2010 (the act). The act established requirements for executive agencies' telework policies and programs, among other things. This statement provides key practices to help ensure the success of telework programs. The statement is based on GAO's body of work on federal telework issued from July 2003 through February 2017. GAO has recently initiated two reviews related to federal telework. One is examining the extent to which agencies have used telework during the COVID-19 pandemic, including the successes and challenges agencies experienced. The second is reviewing agencies' telework information technology infrastructure. For more information, contact Michelle B. Rosenberg at (202) 512-6806 or rosenbergm@gao.gov.
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  • United States Files Complaint to Forfeit Iranian Missiles and Sells Previously-Transferred Iranian Petroleum
    In Crime News
    The Justice Department today announced the filing of a complaint to forfeit two shipments of Iranian missiles that the U.S. Navy seized in transit from Iran’s Islamic Revolutionary Guard Corps (IRGC) to militant groups in Yemen, as well as the sale of approximately 1.1 million barrels of Iranian petroleum that the United States previously obtained from four foreign-flagged oil tankers bound for Venezuela. 
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    In Travel
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    In Crime News
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  • Florida Man Charged with COVID Relief Fraud, Health Care Fraud and Money Laundering
    In Crime News
    A Florida man has been charged regarding allegations that he fraudulently obtained a Paycheck Protection Program (PPP) loan and an Economic Injury Disaster Loan (EIDL), and that he orchestrated a conspiracy to submit false and fraudulent claims for reimbursement to Medicare and CareCredit, and to defraud his own patients by charging them thousands of dollars for chiropractic services under false pretenses.
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  • Secretary Antony J. Blinken at the 2021 High-Level Pledging Event for the Humanitarian Crisis in Yemen
    In Crime Control and Security News
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    In Crime Control and Security News
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    In Crime Control and Security News
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  • Judiciary Addresses Cybersecurity Breach: Extra Safeguards to Protect Sensitive Court Records
    In U.S Courts
    After the recent disclosure of widespread cybersecurity breaches of both private sector and government computer systems, federal courts are immediately adding new security procedures to protect highly sensitive confidential documents filed with the courts.
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  • Department of Justice Announces More Than $341 Million in Grants to Combat America’s Addiction Crisis
    In Crime News
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  • Anti-Money Laundering: FinCEN Should Enhance Procedures for Implementing and Evaluating Geographic Targeting Orders
    In U.S GAO News
    To combat money laundering, the Financial Crimes Enforcement Network (FinCEN) issued a geographic targeting order (GTO) in 2016 that required title insurers to report information on certain all-cash purchases of residential real estate by legal entities in specified areas. According to FinCEN analysis, the use of legal entities to purchase high-value real estate, particularly in certain U.S. cities, was prone to abuse. FinCEN determined that imposing the real estate GTO reporting requirements on title insurers would cover a large number of transactions without unnecessary complexity. FinCEN renewed the real estate GTO multiple times—finding it has yielded information useful to law enforcement investigations—and periodically expanded the types of monetary instruments and geographic areas included and decreased the price reporting threshold (see fig.). Issuance and Renewals of the Real Estate Geographic Targeting Order (GTO) Unlike prior GTOs, which FinCEN officials said they issued at the request of and with the involvement of law enforcement agencies, FinCEN issued the real estate GTO on its own initiative. Thus, FinCEN had to take the lead in implementing and evaluating the GTO but lacked detailed documented procedures to help direct the GTO's implementation and evaluation—contributing to oversight, outreach, and evaluation weaknesses. For example, FinCEN did not begin examining its first title insurer for compliance until more than 3 years after issuing the GTO and did not assess whether insurers were filing all required reports. Similarly, while FinCEN initially coordinated with some law enforcement agencies, it did not implement a systematic approach for outreach to all potentially relevant law enforcement agencies until more than 2 years after issuing the GTO. FinCEN also has not yet completed an evaluation of the GTO to determine whether it should address money laundering risks in residential real estate through a regulatory tool more permanent than the GTO, such as a rulemaking. Strengthening its procedures for self-initiated GTOs should help FinCEN more effectively and efficiently implement and manage them as an anti-money laundering tool. Bad actors seeking to launder money can use legal entities, such as shell companies, to buy real estate without a loan. Doing so potentially can conceal the identities of bad actors and avoid banks' anti-money laundering programs. To better understand this risk and help law enforcement investigate money laundering, FinCEN issued its real estate GTO. Although GTOs are limited to 180 days, they may be renewed if FinCEN finds reasonable grounds for doing so. Because of concerns about the potential for bad actors to exploit regulatory gaps to launder money through the U.S. real estate market, GAO was asked to review FinCEN's real estate GTO. This report examines, among other things, the GTO's issuance and renewal, oversight, outreach, and evaluation. GAO reviewed FinCEN's records, orders, and policies and procedures; laws and regulations; and studies and other related materials. GAO also interviewed FinCEN, federal law enforcement agencies, and other stakeholders. GAO recommends that FinCEN provide additional direction for self-initiated GTOs, including how to plan for oversight, outreach, and evaluation. FinCEN concurred with GAO's recommendation. For more information, contact Michael E. Clements, (202) 512-8678, ClementsM@gao.gov.
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