Date: 11-10-2019

Case Style:

Case Number: 3:19-cr-00048-SLG

Judge: Sharon L. Gleason

Court: United States District Court for the District of Alaska (Anchorage Borough)

Plaintiff's Attorney: Kim Sayers-Fay

Defendant's Attorney:

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Description: Anchorage, AK - The United States of America charged Jose Luis Arenas with:

Aiding and Assisting in the Preparation of False Federal Individual Income Tax Returns in violation of 26 U.S.C. 7206.

Jose Luis Arenas, 65, pled guilty to 5 counts of aiding and assisting in the preparation of false federal individual income tax returns with a clientele primarily of Spanish-speaking members of the Anchorage community, charging them $100 to $600 per return.

Arenas had tax preparation training through H&R Block, but since 2012 has never been a registered tax preparer in Anchorage, Alaska. According to the Plea Agreement, between tax years 2013 and 2016, Arenas consistently failed to indicate that he had filed them as a paid, professional preparer. Instead, the returns appeared to be filed individually by the taxpayers. Arenas would obtain undue tax refunds for his clients by inflating certain Schedule A deductions, particularly medical expenses and charitable giving. Oftentimes, Arenas would fabricate medical expenses, unbeknownst to his clients.

“Shady tax return preparers like this defendant not only steal tax money out of the pockets of all honest citizens, he uses his clients to file false returns, putting them at risk as well,” commented U.S. Attorney Bryan Schroder. “We will work closely with our partners at the Internal Revenue Service - Criminal Investigation to protect the honest tax payers in Alaska.”

Arenas faces a maximum sentence of 3 years in federal prison, a fine of up to $250,000, 3 years of supervised release, 5 years of probation, and restitution. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.

“Tuesday’s guilty plea of Jose Arenas for preparing false tax returns for his Anchorage clients highlights a common trend among unscrupulous return preparers. They exploit their client’s lack of knowledge or understanding of tax matters for personal gain,” said Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge Justin Campbell. “Furthermore, he thought that by concealing his paid preparer status he would be shielded from criminal prosecution. He was wrong and he will be held accountable for his actions.”

The Internal Revenue Service, Criminal Investigation (IRS-CI) conducted the investigation leading to the charges in this case.

Outcome: 11/05/2019 43 MINUTE ENTRY for proceedings held before Judge Sharon L. Gleason: Proposed Change of Plea Hearing as to Jose Luis Arenas held 9:37 AM to 10:18 AM on 11/5/2019. Court and counsel heard re sentence on page 2 of the plea agreement stricken. Defendant sworn. Defendant stated true name as same; age 65. Defendant advised of general rights, charges and penalties. Court and counsel heard re relevant conduct covered and typo on page 4 of the plea agreement. Plea entered Guilty to Counts 1-5 of the Indictment. Counts 6-32 to be dismissed at sentencing. Court accepted pleas. Referred to P.O. for Presentence Report. Court reserved acceptance of the plea agreement. Imposition of Sentence set for 1/16/2020 at 10:30 AM in Anchorage Courtroom 2 before Sharon L. Gleason. Final Pretrial Conference set for 11/25/2019 at 2:30 PM and Trial by Jury set for 12/2/2019 at 8:30 AM are VACATED.

Pursuant to Fed. R. Crim. P. 32(f) within 14 days after receiving the presentence report, the parties must state in writing any objections, including objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the report. An objecting party must provide a copy of its objections to the opposing party and to the probation officer.

NOTICE: No less than seven (7) days prior to the sentencing date, each party shall file a written sentencing memo pursuant to D.AK 32.1(d) and serve opposing counsel and the probation officer. APPEARANCES: Defendant present, on bond; Kimberly R. Sayers-Fay, AUSA; Darrel J. Gardner, FPD; John Schroeder (Telephonic), USPO; *Jose Kleinberg (Telephonic), Spanish Interpreter; Sonja L. Reeves, Official Court Reporter. (JDS, COURT STAFF) Modified on 11/5/2019 to add appearance. (JDS, COURT STAFF). (Entered: 11/05/2019)

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