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Date: 01-04-2021

Case Style:

United States of America v. Gene Hersholt Williamson, II

Case Number: 7:20-CR-00133-D

Judge: James C. Dever, III

Court: United States District Court for the Eastern District of North Carolina (Wake County)

Plaintiff's Attorney: United States District Attorney’s Office, Raleigh, North Carolina

Defendant's Attorney:


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Description: Raleigh, North Carolina criminal defense aiding and assisting in the preparation of a false tax return lawyer represented defendant charged with preparing a false tax return and was ordered to pay restitution in the amount of $637,000.00.

Gene Hersholt Williamson, II, 54, operated a tax return preparation business out of Jacksonville, North Carolina between 2012 and 2018. Williamson fraudulently inflated his clients’ claimed refunds by reporting fictitious Schedule C businesses on his clients’ returns. If clients had minimal income, Williamson created a fraudulent Schedule C business for them, reporting additional income in order to maximize the claimed earned income tax credit. If, however, clients had substantial wage income, Williamson created fraudulent businesses with significant expenses to reduce their income, qualifying them to receive earned income tax credit. Williamson received 10% of the refunds for his services. To conceal his involvement in the scheme, Williamson did not list himself as the paid return preparer on any returns he prepared.

In addition to preparing false tax returns for clients, Williamson filed false tax returns for himself for 2012-2017. In all Williamson’s misconduct resulted in a tax loss to the IRS of over $550,000.

The Internal Revenue Service Criminal Investigations investigated the case and Assistant U.S. Attorney Susan B. Menzer and Tax Division Trial Attorney William Guappone prosecuted the case.

Aiding or Assisting in the Preparation of False Tax Returns

Outcome: Defendant sentenced to 36 months imprisonment, supervised release for a term of 1 year, $100 special assessment, no fine, $637,017.02 restitution; BOP recommendation: placement at FCI Butner.

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