Tax Cheat Targets Dead for Dough

BUFFALO, N.Y.– A brazen tax cheat who thought he could get away with filing false tax returns using the identities of the deceased has been brought to justice. John M. Berry, Jr., 42, of Dunkirk, N.Y., pleaded guilty to making a false claim against the United States.

Between September 3, 2008, and March 25, 2009, Berry filed 122 false income tax returns for the tax years 2007 and 2008 with the Internal Revenue Service. During that time, he obtained the personal and identifying information for 122 recently deceased individuals and then used that information to file federal tax returns on behalf of the deceased.

Berry created fraudulent income and withholding information for the deceased and filed the returns electronically. The 122 tax returns sought refunds totaling $217,520 from the Internal Revenue Service, of which he received $92,462.12. The refunds were deposited directly into Berry’s bank account.

“This case should serve as a warning that our Office, working with our law enforcement partners, will not tolerate attempts to either steal the identities of individuals, or the money of the taxpayers of this country,” said U.S. Attorney William J. Hochul, Jr. “That this defendant would rob the identities of deceased individuals is concerning, and could have brought additional grief and pain for their loved ones.”

The investigation was led by Special Agents of the Internal Revenue Service – Criminal Investigations, under the direction of Toni M. Weirauch, Special Agent in Charge. Berry faces a maximum sentence of five years in prison, a fine of $250,000, or both. He is scheduled to be sentenced on August 26, 2013, at 1:00 p.m. before U.S. District Court Judge Richard J. Arcara.

Berry’s scheme was uncovered through a thorough investigation, and his guilty plea serves as a reminder that those who commit such crimes will be held accountable. The case highlights the importance of protecting the identities of the deceased and the need for vigilance in preventing identity theft.

As the investigation continues, it is clear that Berry’s actions have caused significant harm to the families of those whose identities he stole. His actions are a stark reminder that identity theft is a serious crime with serious consequences.

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