Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 10-22-2019

Case Style:

United States of America v. Lathisa Smokes

Case Number: 5:18-cr-00333-DNH

Judge: David N. Hurd

Court: United States District Court for the Northern District of New York (Oneida County)

Plaintiff's Attorney: Emmet J. O'Hanlon

Defendant's Attorney:


Call 888-354-4529 if you need help finding a filing fraudulent and false tax returns criminal defense lawyer in Utica or Syracuse, New York


Description:




Utica, NY - North Carolina Woman Pleads Guilty to Running Tax Refund Scam in Syracuse

Lathisa Smokes, age 36, of Charlotte, North Carolina, pleaded guilty to filing false tax returns, and assisting others in preparing false tax returns, which caused the IRS to issue fraudulent refunds exceeding $100,000.

In pleading guilty, Smokes admitted that from January 2013 to March 2014, she falsely represented herself as a licensed tax preparer, and told taxpayers in Syracuse that she could obtain refunds for them by filing their individual federal tax returns. Smokes convinced the taxpayers to supply her with their dates of birth, social security numbers, addresses, and other information for themselves and their minor dependents. Smokes then prepared and filed 21 returns that she knew contained false information relating to the taxpayers’ income, withholding, and eligibility for certain tax credits. The false returns caused the IRS to transfer $102,918 in fraudulent refunds to the taxpayers and Smokes. The IRS has recovered the majority of the money.


Smokes faces a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by IRS-CI.


Charges:


18:287.F FALSE OR FRAUDULENT CLAIMS
(1-12)
26:7206A.F FRAUD AND FALSE STATEMENTS
(13-21)

Outcome: 10/18/2019 TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Change of Plea Hearing as to held on 10/18/2019. Plea Entered by Lathisa Smokes(1) Guilty to Counts 1-21. Defendant Lathisa Smokes appears with attorney Courtenay K. McKeon, AFPD. Defendant advised of her rights. Emmet J.OHanlon, AUSA advises Court of charges and change of plea to Counts 1-21 of Indictment 5:18-CR-333, without a plea agreement. Judge Hurd arraigns defendant and advises her of her constitutional rights. Defendant waives reading of Indictment 5:18-CR-333 and is sworn in. After extensive interrogation by the Court, Judge Hurd directs the entry of a plea of guilty to Counts 1-21 of Indictment 5:18-CR-333, orders the Probation Office to complete a Presentence report and sets an sentencing date for Thursday, February 13, 2020 in USDC / Utica, NY at 11:30am. Defendant Lathisa Smokes is ordered released on previously established terms and conditions of Pretiral release pending sentencing. Appearances: Emmet J. OHanlon, AUSA for Government. Courtenay K. McKeon, AFPD for Lathisa Smokes. (11:00am - 12:00pm) (Court Reporter Hannah Cavanaugh) (ptm) (Entered: 10/18/2019)
10/18/2019 24 GUIDELINE ORDER as to Lathisa Smokes. Sentencing set for Thursday, February 13, 2020 at 11:30AM in Utica before Judge David N. Hurd. Government and Defendant Sentencing Memo Deadline 1/23/2020. Signed by Judge David N. Hurd on 10/18/2019. (ptm) (Entered: 10/18/2019)

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: