Quatloos! > Investment
Fraud > Multi-Level
Marketing > EXHIBIT:
Global Prosperity Group > Four
Sentenced
FOR IMMEDIATE RELEASE
THURSDAY, APRIL 22, 2005
WWW.USDOJ.GOV |
TAX
(202) 514-2007
TDD (202) 514-1888 |
FOUR DEFENDANTS SENTENCED IN
$120 MILLION INTERNATIONAL TAX SHELTER CASE
WASHINGTON, D.C.-Eileen J. O'Connor, Assistant Attorney General for the U.S.
Department of Justice's Tax Division; John L. McKay, U.S. Attorney for the
Western District of Washington; and Mark W. Everson, Internal Revenue Service
(IRS) Commissioner, announced today that Chief U.S. District Court Judge John
C. Coughenour sentenced Anderson Ark defendants Keith E. Anderson, Wayne Anderson,
Richard Marks, and Karolyn Grosnickle to terms of imprisonment ranging from
eight to 20 years. The defendants received the following sentences:
-
Keith Anderson, age 62, a former resident of Hoodsport, Washington, was
sentenced to 20 years imprisonment, to be followed by three years supervised
release and a $63,525,860 fine;
-
Wayne Anderson, age 64, a resident of Fresno, California, was sentenced
to 15 years imprisonment, to be followed by three years supervised release,
a $25,000 fine, and ordered to pay restitution of $63,525,860;
-
Richard Marks, age 60, an accountant from Los Osos, California, was sentenced
to 15 years imprisonment, to be followed by three years supervised release
and a $42,311,742 fine;
-
Karolyn Grosnickle, age 62, formerly from Hoodsport, Washington, was
sentenced to eight years imprisonment, to be followed by three years supervised
release
and a $42,311,742 fine.
Each of the defendants was also ordered to pay costs of prosecution in the
amount of $66,288. In addition, the Court ordered forfeited seven properties
located in Costa Rica, the AAA Administrative Office in Hoodsport, WA and $28
million in laundered funds.
On December 27, 2004, after seven weeks of trial, those defendants and two
other persons associated with Anderson's Ark and Associates (AAA), were convicted
in connection with one of the most far ranging tax schemes ever prosecuted.
With administrative offices in Hoodsport, Washington, the organization spanned
five countries and over 1,500 clients. The Andersons, Mr. Marks, and Ms. Grosnickle
were convicted on charges of conspiracy to defraud the government, mail and
wire fraud, money laundering, and aiding and assisting the filing of false
tax returns.
"People who develop and use schemes to hide income and assets from the
IRS should expect to spend a substantial amount of time in prison and also
to pay civil penalties and interest in addition to any unpaid taxes," said
Assistant Attorney General O'Connor.
"The activities Mr. Anderson and his co-conspirators were involved in
were blatantly illegal and they are being appropriately held accountable for
these crimes," said IRS Commissioner Mark W. Everson. "People who
are inclined to participate in schemes like those promoted by Mr. Anderson
should know we are rebuilding our enforcement efforts and we are increasingly
likely to catch them."
The evidence introduced at trial established that, from 1997 through early
2001, the defendants earned tens of millions of dollars in fees from the sale
of several fraudulent tax shelter plans over the Internet. The two predominant
plans were called the "Look Back" and the "Look Forward" programs.
The evidence showed that through the Look Back program, the defendants assisted
AAA clients in taking $120 million in false income tax deductions for advertising
expenses associated with AAA's "Tax Magic" project. The evidence
revealed that the defendants charged AAA clients anywhere between $50,000 to
$250,000 each to buy into the Look Back Program. AAA members were instructed
to take out a loan from La Maquina Blanca a Costa Rican lender. According to
the trial evidence, La Maquina Blanca was merely a Costa Rican bank account
used by AAA. Although the funds borrowed from La Maquina Blanca were purportedly
to be invested with another AAA entity, Mason Advertising, the evidence at
trial established that the loans were illusory. Instead, AAA simply transferred
millions of dollars between an account at Costa Rican banks to create the appearance
that these loans were actually being funded. Accordingly, the tax deductions
arising from these loans were false.
Evidence introduced at trial established that in the Look Forward program,
client funds that were moved to foreign bank accounts and falsely deducted
on their income tax returns as consulting or management expenses. To make the
deductions appear to be legitimate, clients were instructed to send money (through
an AAA partnership) to a shell company called "Sawtooth," which had
bank accounts in Nevada and Arizona. Sawtooth was operated by defendant Richard
Marks, who transferred the funds to Austrian accounts operated by defendant
Wayne Anderson. Ultimately, the money was wired to Costa Rican bank accounts,
where it could be withdrawn by clients through the use of international Visa
debit cards or wire transfers (handled by AAA personnel in Costa Rica). In
total, over $11 million in income evaded taxation in this manner, according
to evidence introduced during the trial.
Defendants Keith Anderson, Wayne Anderson, Richard Marks, and Karolyn Grosnickle
were also convicted on charges of conspiracy to commit wire and mail fraud,
and 19 counts of wire and mail fraud for defrauding clients out of over $7
million in fees for the non-existent loans associated with the AAA Look Back
program. According to the trial evidence, clients were told that these fees
were necessary to process the non-existent investment loans. Once deposited
in AAA accounts in Costa Rica, the defendants split the money by transferring
it to bank accounts at the Bank of Montreal in Canada and the Riga Bank in
Latvia.
Defendant Keith Anderson was also convicted of defrauding AAA clients out
of an additional $21 million in an investment program he called "Loan
4." Loan 4 was represented to be a short term lending investment being
operated by Charles McCormick of New Jersey. At trial, Mr. McCormick, who had
been previously convicted by New Jersey state authorities, testified that the
Loan 4 program was nothing more than a pyramid scheme he operated in conjunction
with the defendant Keith Anderson.
Finally, defendants Keith and Wayne Anderson were convicted of international
money laundering. From 1996 through early 2001, the Andersons sent money collected
in domestic AAA accounts to the La Maquina Blanca account, in Costa Rica, to
promote AAA tax shelters.
Two remaining Anderson Ark defendants, James Moran and Pamela Moran, are scheduled
to be sentenced April 26, 2005. Defendant Richard Grosnickle pleaded guilty
to a charge of obstruction of justice on April 13, 2005, and is also awaiting
sentencing.
Assistant Attorney General O'Connor and U.S. Attorney John L. McKay thanked
Tax Division Trial Attorneys Corey J. Smith, Krista Tongring, and M. Kendall
Day, who prosecuted the case. They also thanked the special agents of the IRS,
whose assistance was essential to the successful investigation and prosecution
of the case.