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Mark J. Titus, Construction Firm Swindle, California 2011

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Brother-In-Law Duo Swindles $1M from Construction Firm

Mark J. Titus, former Chief Operations Officer of Garner Services Ltd. (GSL), and his brother-in-law Dominick Fazzio, have been charged in a second superseding indictment for defrauding GSL of over $1 million.

According to the second superseding indictment, between approximately May 2008 and approximately May 2011, Titus and Fazzio created and submitted fraudulent invoices for services never rendered on construction projects managed by GSL, causing payments to be made from GSL to two companies owned by Fazzio.

The two defendants then allegedly laundered the money by engaging in a series of financial transactions for the purpose of concealing the illegal nature of the payments. They also submitted false tax returns by improperly deducting the disbursement of their fraudulently obtained money as legitimate business activity and failing to report the money received from the fraud scheme as taxable income.

Fazzio is also charged in connection with a separate tax fraud scheme perpetrated with Hendrikus Ton, the owner of Abe’s Boat Rentals in Belle Chase, La. The scheme allegedly reduced the tax liability of Ton’s companies by over $3.5 million.

U.S. District Judge Ivan Lemelle denied Titus’ request to withdraw his guilty plea and sentenced him to 60 months in prison, a $100,000 fine, and ordered him to pay $925,320 in restitution to GSL.

‘An indictment is merely a charge and is not evidence of guilt,’ the government warned. ‘The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.’

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