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David Aaron, Russell Ultes, Tax Evasion, Florida 2020

Published April 13, 2023

Fort Myers Roofing Contractors Plead Guilty to Tax Evasion

Two Florida businessmen pleaded guilty yesterday to tax evasion, a crime that has landed them in hot water with the IRS. David Aaron and Russell Ultes, co-owners of Marlin Construction Group LLC (Marlin), a Fort Myers-based residential and commercial roofing company, were accused of diverting millions of dollars of customer checks made payable to Marlin.

According to court documents, Aaron and Ultes cashed the checks at check-cashing businesses in nearby counties and used the cash to pay personal expenses. This caused Marlin’s books and records to falsely underreport the business’s gross receipts and income for the years 2018 and 2019. The duo also provided false information to Marlin’s tax return preparers, resulting in the preparation of false 2018 and 2019 corporate income tax returns (Forms 1120S) that did not report all of the gross receipts and income.

Aaron and Ultes's actions not only affected Marlin's tax returns but also their personal returns. Their 2018 and 2019 personal income tax returns (Forms 1040) were similarly false, resulting in a total tax loss to the IRS of over $1.4 million.

Aaron and Ultes each face a maximum of five years in prison, a period of supervised release, restitution, and monetary penalties. U.S. District Judge Sheri Polster Chappell will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg and U.S. Attorney Roger Handby made the announcement. IRS-Criminal Investigation is investigating the case. Senior Litigation Counsel Stanley J. Okula, Jr., and Trial Attorney Richard J. Hagerman of the Justice Department's Tax Division are prosecuting the case.

Aaron and Ultes's actions have left many in the Fort Myers community questioning the legitimacy of the roofing company. The incident serves as a reminder of the importance of transparency and honesty in business dealings.

The case against Aaron and Ultes serves as a warning to businesses and individuals who attempt to evade taxes. The IRS will not hesitate to pursue those who engage in such activities, and the consequences can be severe.

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Source: https://www.justice.gov/archives/opa/pr/fort-myers-roofing-contractors-plead-guilty-tax-evasion