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Michael Whittaker, Theft of Public Money, Maryland 2005

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Identity Theft Ring Busted in Maryland

Two Maryland residents, Michael Whittaker, 31, of Cumberland, Maryland, and Wayne Gardner, 49, of Capitol Heights, Maryland, have pleaded guilty to their involvement in a massive stolen identity refund fraud scheme that sought over $700,000 in income tax refunds through the filing of fraudulent federal income tax returns.

According to court documents, the overall case involves the filing of at least 12,000 fraudulent federal income tax returns that sought refunds of at least $42 million. Whittaker and Gardner pleaded guilty to one count of conspiracy to commit theft of public money and one count of theft of public money.

The charges carry statutory maximum prison terms of five years and 10 years, respectively, as well as potential financial penalties. As part of the plea agreements, Whittaker and Gardner agreed to pay restitution to the IRS in the amounts of $397,090 and $158,160, respectively, which represent the value of the U.S. Treasury checks that were negotiated as a result of their conduct.

U.S. District Judge Ellen S. Huvelle set sentencing for May 18. According to the government’s evidence, Whittaker and Gardner participated in a massive and sophisticated stolen identity refund fraud scheme that involved an extensive network of more than 130 people, many of whom were receiving public assistance.

The refunds were sought for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts, and incarcerated prisoners. Returns were also filed in the names of, and refunds were issued to, people who were willing participants in the scheme.

The scheme involved an extensive network of more than 130 people, many of whom were receiving public assistance. Whittaker admitted to providing 21 means of identification from August 2010 to May 2012, while Gardner admitted to providing 65 means of identification to a co-conspirator between August and December 2010.

Whittaker admitted that he was involved in the filing of 135 fraudulent tax returns that sought refunds of approximately $494,902, while Gardner admitted that he was involved in the filing of 116 fraudulent tax returns that sought refunds of approximately $299,984.

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