Source: Office of United States Attorneys
Oxford, MS – Today U.S. District Court Judge Michael P. Mills sentenced Lakisha Pearson, age 48, of Holly Springs, Mississippi, to a 52-month jail sentence for mail fraud in connection with falsely claimed IRS Employee Retention Tax Credit for others. Judge Mills also ordered Pearson to repay $15,942,586.77 in restitution.
Pearson, who owns Unity Tax Express, pled guilty to using the internet to file false tax credit claims for numerous persons totaling nearly $47 million and taking kickbacks from those persons. The IRS mailed Treasury checks totaling $15,942,586.77 in ERC credits to the claimants who thought they were given a government grant and were not aware that Pearson had filed tax returns on their behalf.
The Coronavirus Aid, Relief, and Economic Security Act (“CARES” Act), enacted on March 27, 2020, provided for an IRS Employee Retention Credit (“ERC”) designed to encourage businesses to keep employees on their payroll during the pandemic. Subsequent legislation (the Taxpayer Certainty and Disaster Tax Relief Act of 2020, the American Rescue Plan Act, and the Infrastructure Investment and Jobs Act) modified and extended the ERC.
“Employee Retention Credits were tax credits designed to provide critical assistance to business owners struggling during the COVID-19 pandemic, but fraudsters and thieves infuriatingly decided to use the credits to line their own pockets during this emergency,” said U.S. Attorney Clay Joyner. “This office plans to pursue charges against all of those who decided to steal from American taxpayers, and we thank the IRS for the investigation of this case.”
“Unscrupulous tax preparers are put on notice that there is a price to pay for using their trusted position to defraud the federal government,” said Assistant Special Agent in Charge, Lisa Fontanette, IRS Criminal Investigation, Atlanta Field Office. “While IRS Criminal Investigation special agents will find and investigate these tax crimes, this case is an important reminder to filers during this tax season to do their research when choosing a tax preparer.”
The scheme in the instant case was initially uncovered during a separate criminal investigation which resulted in Pearson’s conviction for Payroll Protection loans. Pearson awaits sentencing in that case. Assistant U.S. Attorney Paul Roberts prosecuted the case on behalf of U.S. Attorney’s Office for the Northern District of Mississippi. The case was investigated by the IRS Criminal Investigation Division Special Agent T.J. Mitchell.