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Originally Posted by Couchsock
So this guy also got charged years ago for bilking a son and daughter out of 100k using the same ploy. They took him to court, won and he was ordered to pay $55k. From what I’m reading online he never paid that amount. I would assume that since this isn’t his first run in his penalty will he harsher than if it was his first time. What I’m wondering tho is what is the penalty for mis using investor funds? Doesn’t sound like wire fraud or tax evasion covers that. Is what he did to the investor only applicable in civil court?
At the State level, we would likely call it Misapplication of Fiduciary Property. However, at the federal level, the wire fraud applies given the funding orders crossed State lines.
The Tax Evasion charge would be separate and distinct even though the events giving rise to the charge stem from the same underlying conduct. Various money laundering charges likely are also chargeable.
Bottom line is that he is screwed and the only question is how many hundreds of months he gets sentenced to which will be served at an 85% rate (feds no longer have parole as the general public tends to recognize that manner of discretionary release).
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But all that aside, his irs issues will likely haunt him for life. Even if he manages to escape jail time and continues to welch on ‘investor a’ he will likely be a lifetime slave to the irs. This guy is not very bright just a common manipulator. Now that his facade is blown he’ll have trouble getting any job that requires the least amount of trust. So I see it likely this guy working a garbage job to stay out of prison while at the same time having lots of that garnished to pay the irs and investor a. He difference between you or I getting tax evasion issues is this guy was dealing with amounts of money he’ll likely never even come close to seeing again. For that reason he will never escape this debt
The taxes will be far less than the amount ordered for restitution on the criminal judgment. But yeah, no discretionary funds for the balance of the lifetime...