DOJ Tax announced here the indictment of Mark Anthony Gyetvay. Basically, as I understand it on quick review, Gytevay made mega million in Russian related adventures and failed to (i) pay tax and (ii) file appropriate FBARs. A fair inference on the facts claimed in the Press Release (and presumably the indictment) is that those failures were willful. Then, Gyetvay tried to enter “Streamlined Filing Compliance Procedures in which he attested that his prior failure to file FBARs and tax returns was non-willful.” Bad moves.
The opening paragraph says:
A federal grand jury in Fort Myers, Florida, returned an indictment on Sept. 22 charging a Florida businessman with defrauding the United States by not disclosing his substantial offshore assets, failing to report substantial income on his tax returns, failing to pay millions of dollars of taxes and submitting a false offshore compliance filing with the IRS in an attempt to avoid substantial penalties and criminal prosecution.’
There is no mention in the opening paragraph of wire fraud. But later, the press release says (emphasis supplied):
If convicted, he faces a maximum penalty of 20 years in prison for each wire fraud count, five years in prison for each failure to file FBAR count, five years in prison for tax evasion, five years in prison for making a false statement, three years in prison for each count of assisting in the preparation of a false tax return and one year in prison for each willful failure to file a tax return count.
I am in travel status now and so only post this for information purposes now. I probably will add some detail later after reviewing the indictment and thinking more about it. In short, though, for now, this guy has to be incredibly stupid and greedy (or some combination thereof) to forego the regular OVDP and attempt the SFCP.