Man who stole $4.6 million from IRS in fake tax return gets 41 months in prison

A man who filed fake tax forms in Central Florida was sentenced to over three years behind bars after pleading guilty to stealing over $4.6 million from the Internal Revenue Service.

On Wednesday, March 15, Elvin Marks was sentenced to spend 41 months in federal prison by U.S. District Judge William Jung for mail fraud and fraudulent claims to the IRS.

Marks pled guilty on November 1, 2022.

According to court records, from January 2016 through December 2018, Marks created a scheme to defraud the IRS by preparing tax forms that included fraudulent information. Marks listed false wages, earnings, and deductions to obtain tax refunds for himself and others that he was not entitled to.

The returns were mailed through the United States Postal service.

The fake returns caused the IRS to issue refunds that Marks received in the Middle District of Florida.

In one instance, on December 20, 2016, Marks sent the IRS a falsified 1040X tax form for 2015 that claimed a tax refund of $99,960 in the name of another person.

The IRS rejected that claim.

For 2017, Marks made and sent a falsified 1040 tax form in his own name that requested a refund of $4,606,144. The IRS subsequently mailed Marks’ tax refund to a residence in the Middle District of Florida, which he obtained later.

According to court records, the IRS was able to recover $3,994,611.85 from Marks, resulting in a loss of over $600,000.

As part of his sentence, Marks must forfeit $606,309.35, which equates to the proceeds of his criminal conduct.

“With filing season underway, the financial penalties and significant prison term handed down against Mr. Marks is a timely reminder of the importance of ensuring your tax return is an honest account of your income and tax obligations,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker.

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