R. David Cohen, IRS Scam, Massachusetts 2016

BOSTON — A jury has returned guilty verdicts against an Andover attorney in a $1 million IRS scam case.

R. David Cohen, 64, was convicted by a federal jury of one count of conspiracy, 14 counts of conversion and receipt of stolen United States property, and one count conspiracy to commit money laundering.

The evidence at trial demonstrated a scheme in which individuals filed fraudulent tax returns with fictitious W-2 information, usually a name and social security number of a resident of Puerto Rico, whose residents are not required to file federal income tax returns.

Once the fraudulent returns were accepted by the IRS, refund checks were sent to designated addresses in Lawrence, East Boston, and New York controlled by Cohen’s co-conspirators.

Begining in October 2011, Cohen and his co-conspirators deposited over 100 fraudulently-obtained tax refund checks totaling over $1 million into banks to launder them through Cohen’s “Interest On Lawyer’s Trust Accounts” (IOLTA), as well as through bank accounts in the name of AD Professional Association, Inc.

When questioned by bank officials about the large amount of U.S. Treasury checks Cohen was depositing and negotiating through his IOLTA and personal accounts, Cohen falsely claimed that the payees were his clients.

When one bank requested proof concerning one of the IRS refund checks, Cohen provided a fake participation agreement and affidavit purporting to state that he had the client’s authority to deposit her IRS refund check into his IOLTA account.

Cohen is scheduled to be sentenced on April 26, 2016. The charge of conspiracy to convert and receive stolen United States property provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000 or twice the gross loss or gain from the offense.

The charge of conversion and receipt of United States property provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross loss or gain for each count from the offense.

The charge of conspiracy to launder funds provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross loss or gain from the offense.

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