Jefferson County tax preparer sentenced to federal prison for tax fraud scheme

Date: Oct. 18, 2024

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Beaumont, TX - A Beaumont woman has been sentenced to federal prison and ordered to pay restitution for federal violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs.

Michelle Denise Johnston pleaded guilty to making and subscribing a false return and aiding and assisting in the preparation of a fraudulent return and was sentenced to 15 months in federal prison by U.S. District Judge Michael J. Truncale on October 16, 2024. Johnston was also ordered to pay $196,177.00 in restitution.

According to information presented in court, Johnston was a was a paid tax return preparer who was working at Allen and Johnston Tax Service (AJTS), in Beaumont. In 2011, Johnston and Yolanda Allen Morris formed AJTS. Each had worked as Jackson Hewitt Office Managers at different Wal-Mart locations and decided to open their own tax preparation business. AJTS existed until Allen and Johnston split in February 2021. Johnston requested refund amounts on customers' tax returns that were not based on the customers' actual income, expenses, deductions, and applicable qualifying credits. Instead, she illegally inflated refunds based on fabricated income, expenses, deductions, and credits reported by Johnston without her customers' knowledge. Johnston then electronically submitted the fraudulent return information to the IRS via wire. The IRS deposited the tax refunds for Johnston's customers with a third-party vendor. Johnston then caused the third-party vendor to pay the customers a modest tax refund she originally made known to them. Before the third-party vendor paid the customers, Johnston deducted what was essentially a second preparation fee from her customers refund, unbeknown to her customers. The amount of this second fee was generally the difference between the filed, larger tax refund and the modest tax refund originally made known to the customer. In addition, Johnston signed an income tax return that contained a written declaration that it was made under penalties of perjury. She falsely stated the amount of gross receipts knowing the statement was false. She also fraudulently stated taxpayers' total expenses on tax returns knowing it was false.

This case was investigated by the Internal Revenue Service Criminal Investigation (IRS-CI) and prosecuted by Assistant U.S. Attorney Reynaldo P. Morin.

IRS-CI is the criminal investigative arm of the IRS, responsible for conducting financial crime investigations, including tax fraud, narcotics trafficking, money-laundering, public corruption, healthcare fraud, identity theft and more. IRS-CI special agents are the only federal law enforcement agents with investigative jurisdiction over violations of the Internal Revenue Code, obtaining a more than a 90 percent federal conviction rate. The agency has 20 field offices located across the U.S. and 12 attaché posts abroad.