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Date: 04-18-2019

Case Style:

United States of America v. George Gilmore

Case Number: 3:19-cr-00029-AET

Judge: Anne E. Thompson

Court: United States District Court for the District of New Jersey (Mercer County)

Plaintiff's Attorney: Matthew J. Skahill; Jihee G. Suh, Thomas F. Koelbl

Defendant's Attorney: Kevin H. Marino, John A. Boyle, John D. Tortorella

Description:




Trenton, NJ - Ocean County Attorney Convicted Of Failing To Pay Over Payroll Taxes And Making False Statements On Loan Application

A federal jury today convicted George Gilmore, a partner at an Ocean County law firm, of two counts of failing to pay over to the IRS payroll taxes withheld from the firm's employees and one count of making false statements on a bank loan application submitted to Ocean First Bank N.A., First Assistant U.S. Attorney Rachael A. Honig announced.

Gilmore, 69, of Toms River, New Jersey, was acquitted of two counts of filing false tax returns for calendar years 2013 and 2014; the jury could not reach a unanimous verdict on one count of income tax evasion for calendar years 2013, 2014, and 2015. The verdicts were returned following a trial that began April 1, 2019, before U.S. District Judge Anne E. Thompson in Trenton federal court.

According to documents filed in this case and the evidence at trial:

Gilmore worked as an equity partner and shareholder at Gilmore & Monahan P.A., a law firm in Toms River, where he exercised primary control over the firm’s financial affairs. Because he exercised significant control over the law firm’s financial affairs, Gilmore was responsible for withholding payroll taxes from the gross salary and wages of the law firm’s employees to cover individual income, Social Security and Medicare tax obligations. For the tax quarters ending March 31, 2016, and June 30, 2016, the law firm withheld tax payments from its employees’ checks, but Gilmore failed to pay over in full the payroll taxes due to the IRS.

Gilmore also submitted a loan application to Ocean First Bank containing false statements. On Nov. 21, 2014, Gilmore reviewed, signed, and submitted to Ocean First Bank a Uniform Residential Loan Application (URLA) to obtain refinancing of a mortgage loan for $1.5 million with a “cash out” provision that provided Gilmore would obtain cash from the loan. On Jan. 22, 2015, Gilmore submitted another URLA updating the initial application. Gilmore failed to disclose his outstanding 2013 tax liabilities and personal loans that he had obtained from others on the URLAs. Gilmore received $572,000 from the cash out portion of the loan.

The two counts of failing to collect, account for, and pay over payroll taxes each carry a maximum penalty of five years in prison, and a $250,000 fine, or twice the gross gain or loss from the offense. The count of loan application fraud carries a maximum penalty of 30 years in prison and a $1 million fine. Sentencing is scheduled for July 23, 2019.

First Assistant U.S. Attorney Honig credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, special agents with U.S. Attorney’s Office under the direction of Supervisory Special Agent Thomas Mahoney, and special agents of the FBI Red Bank Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, for the investigation leading to today’s verdicts.


Charged:


26:7201 AND 18:2 EVASION OF THE PAYMENT OF TAXES DUE AND OWING (do 2013-2015)
(1)
26:7201 and 18:2 EVASION OF THE PAYMENT OF TAXES DUE AND OWING - CALENDAR YEARS 2013, 2014 AND 2015
(1s)
26:7206(1) AND 18:2 FILING FALSE TAX RETURNS (do 2013)
(2)
26:7206(1) and 18:2 FILING FALSE TAX RETURNS (do 2013)
(2s)
26:7206(1) AND 18:2 FILING FALSE TAX RETURNS (do 2014)
(3)
26:7206(1) and 18:2 FILING FALSE TAX RETURNS (do 2014)
(3s)
26:7202 AND 18:2 FAILURE TO COLLECT, ACCOUNT FOR, AND PAY OVER PAYROLL TAXES (do 3/31/2016)
(4)
26:7202 and 18:2 FAILURE TO COLLECT, ACCOUNT FOR AND PAY OVER PAYROLL TAXES (do 4/30/2016)
(4s)
26:7202 AND 18:2 FAILURE TO COLLECT, ACCOUNT FOR, AND PAY OVER PAYROLL TAXES (do 7/31/2016)
(5)
26:7202 and 18:2 FAILURE TO COLLECT, ACCOUNT FOR AND PAY OVER PAYROLL TAXES (do 6/30/2016)
(5s)
18:1014 and 2 FALSE STATEMENTS IN A LOAN APPLICATION (do 1/22/2015)
(6)
18:1014 and 2 FALSE STATEMENTS IN A LOAN APPLICATION (do 1/22/2015)
(6s)

Outcome: 04/02/2019 35 Minute Entry for proceedings held before Judge Anne E. Thompson: Jury Selection on 4/2/2019 as to GEORGE GILMORE (1). Jury selection continued to 4/2/2019 at 10:00 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/02/2019)
04/02/2019 36 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Selection and Jury Trial as to GEORGE GILMORE held on 4/2/2019. Trial with jury adjourned until 4/3/2019 at 9:30 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/03/2019)
04/02/2019 37 Jury Notes 1 to 3 as to GEORGE GILMORE (Unredacted) (adi, ) (Entered: 04/03/2019)
04/02/2019 38 Jury Notes 1 to 3 as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/03/2019)
04/03/2019 39 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/3/2019. Trial with jury adjourned until 4/4/2019 at 9:30 a.m. (ESR: K. STILLMAN.) (adi, ) (Main Document 39 replaced on 4/4/2019) (adi, ). (Entered: 04/04/2019)
04/03/2019 40 Jury Notes 4 to 6 as to GEORGE GILMORE (Unredacted) (adi, ) (Entered: 04/04/2019)
04/03/2019 41 Jury Notes 4 to 6 as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/04/2019)
04/04/2019 42 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/4/2019. Trial with jury adjourned until 4/5/2019 at 9:15 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/05/2019)
04/04/2019 43 Jury Notes 7 to 10 as to GEORGE GILMORE (Unredacted) (adi, ) Typo modified on 4/5/2019 (adi, ). (Entered: 04/05/2019)
04/04/2019 44 Jury Notes 7 to 10 as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/05/2019)
04/05/2019 45 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/5/2019. Trial with jury adjourned until 4/8/2019 at 9:30 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/08/2019)
04/08/2019 46 MOTION in Limine regarding the testimony of Richard Beeferman by USA as to GEORGE GILMORE. (SKAHILL, MATTHEW) (Entered: 04/08/2019)
04/08/2019 47 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/8/2019. Trial with jury adjourned until 4/9/2019 at 9:30 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/09/2019)
04/08/2019 48 Jury Notes 11 to 14 as to GEORGE GILMORE (Unredacted) (adi, ) (Entered: 04/09/2019)
04/08/2019 49 Jury Notes 11 to 14 as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/09/2019)
04/09/2019 50 Transcript of Trial 9:39 A.M. Session as to GEORGE GILMORE held on 4/4/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC. ((609) 586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (km) (Main Document 50 replaced on 4/10/2019) (kas). (Entered: 04/09/2019)
04/09/2019 51 Transcript of TRIAL 9:20AM as to GEORGE GILMORE held on 4/5/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC. ((609) 586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (km) (Entered: 04/09/2019)
04/09/2019 52 Transcript of Trial P.M. Session 1:58 p.m. as to GEORGE GILMORE held on 4/4/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC. ((609) 586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (km) (Main Document 52 replaced on 4/16/2019) (kas). (Entered: 04/09/2019)
04/09/2019 53 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/9/2019. Trial with jury adjourned until 4/10/2019 at 9:30 a.m.(ESR: K. STILLMAN.) (adi, ) (Entered: 04/10/2019)
04/09/2019 54 Jury Notes 15 to 17 as to GEORGE GILMORE (Unredacted) (adi, ) (Entered: 04/10/2019)
04/09/2019 55 Jury Notes 15 to 17 as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/10/2019)
04/09/2019 56 Transcript of Trail A.M. Session as to GEORGE GILMORE held on 4/3/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC. ((609) 586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber Agency only. (km) (Entered: 04/10/2019)
04/09/2019 57 Transcript of Trial P.M. Session as to GEORGE GILMORE held on 4/3/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC. ((609) 586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (km) (Entered: 04/10/2019)
04/09/2019 58 Transcript of Trial P.M. Session as to GEORGE GILMORE held on 4/2/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC. ((609) 586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (km) (Entered: 04/10/2019)
04/09/2019 59 Transcript of Motion Hearing as to GEORGE GILMORE held on 3/26/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC. ((609) 586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (km) (Entered: 04/10/2019)
04/09/2019 60 Transcript of Jury Selection/Voir Dire as to GEORGE GILMORE held on 4/1/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC., Telephone number (609) 586-2311. Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (km) (Entered: 04/10/2019)
04/09/2019 61 Transcript of Jury Selection/Voir Dire as to GEORGE GILMORE held on 4/2/2019, before Judge Anne E. Thompson. Transcriber J&J COURT TRANSCRIBERS, INC., Telephone number (609) 586-2311. Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (km) (Entered: 04/10/2019)
04/10/2019 62 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/10/2019. Trial with jury adjourned until 4/12/2019 at 9:00 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/10/2019)
04/10/2019 63 Jury Notes 18 to 20 as to GEORGE GILMORE (Unredacted) (adi, ) (Entered: 04/10/2019)
04/10/2019 64 Jury Notes 18 to 20 as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/10/2019)
04/10/2019 65 Transcript of TRIAL A.M. SESSION as to GEORGE GILMORE held on 4/8/2019, before Judge Anne E. Thompson. Transcriber -J&J Court Transcribers, Inc. (609-586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (kas, ) (Entered: 04/10/2019)
04/10/2019 66 Transcript of TRIAL P.M. SESSION as to GEORGE GILMORE held on 4/8/2019, before Judge Anne E. Thompson. Transcriber -J&J Court Transcribers, Inc. (609-586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (kas, ) (Entered: 04/10/2019)
04/10/2019 67 Transcript of TRIAL A.M. SESSION as to GEORGE GILMORE held on 4/9/2019, before Judge Anne E. Thompson. Transcriber -J&J Court Transcribers, Inc. (609-586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (kas, ) (Entered: 04/10/2019)
04/10/2019 68 Transcript of TRIAL P.M. SESSION as to GEORGE GILMORE held on 4/9/2019, before Judge Anne E. Thompson. Transcriber J&J Court Transcribers, Inc. (609-586-2311). Transcript may be viewed at the court public terminal or purchased through the Transcriber only. (kas, ) (Entered: 04/10/2019)
04/12/2019 69 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/12/2019. Trial with jury adjourned until 4/15/19 at 9:00 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/16/2019)
04/12/2019 70 Jury Communication as to GEORGE GILMORE (Unredacted) (adi, ) (Entered: 04/16/2019)
04/12/2019 71 Jury Communication as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/16/2019)
04/12/2019 72 Court Notes as to GEORGE GILMORE (Unredacted) (adi, ) (Entered: 04/16/2019)
04/12/2019 73 Court Notes as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/16/2019)
04/15/2019 74 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/15/2019. Trial with jury adjourned until 4/16/19 at 9:00 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/16/2019)
04/15/2019 75 Jury Communication/Court Note as to GEORGE GILMORE (Unredacted) (adi, ) (Entered: 04/17/2019)
04/15/2019 76 Jury Communication/Court Note as to GEORGE GILMORE (Redacted) (adi, ) (Entered: 04/17/2019)
04/15/2019 Jury Communication at approximately 4:00 p.m. as to GEORGE GILMORE requesting a copy of government exhibit list (attachment not available). (adi, ) (Entered: 04/18/2019)
04/15/2019 Jury Communication at approximately 4:30 p.m. as to GEORGE GILMORE requesting to be excused for the day at 5:00 p.m. (attachment not available). (adi, ) (Entered: 04/18/2019)
04/16/2019 77 Minute Entry for proceedings held before Judge Anne E. Thompson:Jury Trial as to GEORGE GILMORE held on 4/16/2019. Trial with jury adjourned until 4/17/19 at 9:00 a.m. (ESR: K. STILLMAN.) (adi, ) (Entered: 04/18/2019)
04/16/2019 78 Jury Communications/Court Note as to GEORGE GILMORE (Unredacted) (adi, ) Clerical error modified on 4/18/2019 (adi, ). (Entered: 04/18/2019)
04/16/2019 79 Jury Communications/Court Note as to GEORGE GILMORE (Redacted) (adi, ) Clerical error modified on 4/18/2019 (adi, ). (Entered: 04/18/2019)
04/18/2019 SET Hearings as to GEORGE GILMORE: ORAL ARGUMENT set for 5/30/2019 at 10:00 AM in Trenton - Courtroom 4W before Judge Anne E. Thompson. (kas) (Entered: 04/18/2019)

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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