United States v. Edwards

19 F. Supp. 3d 366, 2014 U.S. Dist. LEXIS 67707, 2014 WL 2002844
CourtDistrict Court, D. Massachusetts
DecidedMay 16, 2014
DocketCriminal Action No. 13-10314-WGY
StatusPublished

This text of 19 F. Supp. 3d 366 (United States v. Edwards) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Edwards, 19 F. Supp. 3d 366, 2014 U.S. Dist. LEXIS 67707, 2014 WL 2002844 (D. Mass. 2014).

Opinion

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

Edward Tawa (“Tawa”) is a former client of tax preparer Michael Edwards (“Edwards”), who pled guilty before this Court to charges of wire fraud and the corrupt endeavor to obstruct the Internal Revenue Service. Adopting the government’s recommendation, this Court sentenced Edwards to three years of incarceration and $141,129.36 restitution as to the wire fraud charge. Tawa moves for additional restitution to cover his attorneys’ fees and costs, accountants’ fees, and prejudgment interest. After careful consideration of the briefs submitted by the parties, the Court has calculated the award of additional restitution as permitted under the Mandatory Victims Restitution Act of 1996 (“MVRA”) and explains its determination in this memorandum. See 18 U.S.C. § 3663A.

A. Procedural History

1. State Court Civil Action

On August 29, 2011, Tawa filed a civil lawsuit (“Civil Action”) against Edwards in the Massachusetts Superior Court sitting in and for the County of Suffolk, for violations of Massachusetts General Laws [369]*369Chapter 93A, Negligent Misrepresentation, Fraud, Breach of Contract, Breach of Fiduciary Duty, and Negligence. Def. Michael Edwards’ Opp. Edward Tawa’s Mem. Requesting Add’l Restitution (“Edwards’ Opp.”) 2, ECF No. 21. Edwards served as Tawa’s tax preparer from 1995 until 2011, when Tawa brought malpractice claims against Edwards with respect to Edwards’ mishandling of a Massachusetts Department of Revenue (“DOR”) audit and adverse domicile determination in 2010. Edward Tawa’s Am. Mem. Regarding Calculation Restitution Pursuant 18 U.S.C. § 3663A-3664 (“Tawa Mem.”), Ex. A, Victim Impact Statement, ECF No. 16.

On October 30, 2012, Tawa filed an amended complaint upon learning that Edwards was being investigated by the government for misappropriating Tawa’s 2006 tax refund check. Edwards’ Opp. 2. This amended complaint included a conversion claim alleging that Edwards stole Tawa’s 2006 federal tax refund in the amount of $202,143, and that Edwards had also forged Tawa’s signature on this filed tax return. Tawa Mem., Ex. B: Civil Compl., First Amended Compl. ¶¶ 67-73, ECF No. 16-2.

A related complaint (“Transferee Action”) was filed by Tawa on April 23, 2013, against multiple parties who had received portions of Tawa’s stolen tax refund check. Tawa Mem., Verified Compl., Ex. D, ECF No. 16-6. These parties included Edwards’ daughter, parents, and various entities Edwards’ controlled or in which he held an interest. Id.

On December 2, 2013, the parties settled the pending civil actions in an agreement in which Edwards agreed to an entry of judgment in the amount of $600,000 on Count III (Fraud) of the amended complaint. Edwards’ Opp. 3; Settlement Agreement, ECF No. 23 (filed under seal). This agreement included two forms of immediate payment to Tawa; first, cash and securities in the amounts of $46,977.14, $14,000, and $36.50 (totaling $61,013.64), and second, in the delivery of two deeds on property held by Edwards, in which the “greater of $150,000 or the net proceeds from the sale” was to be credited towards the judgment. Settlement Agreement ¶¶ 4-6; Edwards’ Opp. 3. Tawa agreed to dismiss the pending Civil Action and Transferee Action and “credit any funds recovered pursuant to any restitution order entered against Edwards in the criminal matter entitled United States v. Michael Edwards ” towards this judgment. Settlement Agreement ¶¶ 1, 8.

2. District Court Criminal Matter

On October 31, 2013, criminal charges were entered against Edwards in this court. Information, ECF No. 1. Edwards was charged with the Corrupt Endeavor to Obstruct the Internal Revenue Service (Count 1) and with Wire Fraud (Count 2). Id. On Count 2, the government alleged that Edwards, operating as Boston Financial Associates (“Boston Financial”), prepared and filed a tax return for Tawa and fraudulently inserted Boston Financial’s mailing address to receive Tawa’s 2006 tax refund. Id. ¶ 4. Upon receiving Tawa’s tax refund, Edwards deposited this check into Boston Financial’s bank account and wire transferred approximately $23,000 from this account to the operating account of a Rhode Island restaurant in which he had invested. Id. ¶ 6.

Edwards pled guilty to both counts and entered into a plea agreement with the government in which it agreed to recommend a sentence of thirty-three months incarceration, restitution of $573,518 on Count 1 to the IRS, and restitution of $202,143 on Count 2 to Tawa, reflecting the amount of the misappropriated tax refund check. Plea Agreement, ECF No. 2; Edwards’ Opp. 4.

[370]*370On February 24, 2014, this Court accepted Edwards’ guilty plea and sentenced Edwards to a three-year term of incarceration on each count, to run concurrently, and accepted Probation’s recommendation for restitution in the amounts of $573,518 to the IRS and $141,129.36 to the victim, reserving the right to amend the order of restitution within ninety days. Elec. Clerk’s Notes, Feb. 24, 2014, ECF No. 15 (reflecting the amount of the misappropriated refund check less the amount already received by Tawa from civil settlement). In response to Tawa’s request for additional restitution at sentencing, the Court requested additional briefing from the parties.

B. Factual Background

Tawa relies heavily on the chronology of relevant facts to support his argument for additional restitution. Tawa is a current resident of Las Vegas, Nevada, who during the relevant period, was a trader on the stock exchange. First Amended Compl. ¶ 2. Edwards was in the business of tax preparation (operating as Boston Financial) and had handled Tawa’s taxes for over fifteen years. Id. ¶ 4-5. On October 14, 2008, Edwards filed Tawa’s U.S. Individual Income Tax Return for the calendar year 2006, but placed Boston Financial’s mailing address on the tax return. Plea Agreement 11. In February 2009, Edwards received Tawa’s tax refund check and deposited it into Boston Financial’s bank account. Id. On May 28, 2009, the Massachusetts Department of Revenue (“DOR”) sent a notification of audit to Tawa in the care of Edwards, who was authorized by Tawa to servé as his tax representative. First Amended Compl. ¶¶ 7-8. The purpose of this audit was to determine Tawa’s domicile for the tax period of 2005-2007, during which he filed Massachusetts Nonresident returns (noting that Nevada has no personal income tax, while Massachusetts does). Id. ¶ 10; Tawa Mem., Ex. B: Civil Compl., Notification of Audit 26, ECF No. 16-2. The DOR also requested that Tawa complete a domicile questionnaire. Id. Edwards failed to respond to this audit notification, as well as to following notices from the DOR, including a July 2009 follow-up letter, a September 2009 Notice of Intention to Assess, and a February 2010 Notice of Assessment charging Tawa with a tax liability of $153,627.77, citing Tawa’s failure to provide documentation of his new domicile in Nevada. First Amended Compl. ¶¶ 17, 20, 24; Notification of Audit 28. On May 11, 2010, the DOR issued a notice levying $157,677.59 of Tawa’s personal funds. First Amended Compl. ¶29.

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Bluebook (online)
19 F. Supp. 3d 366, 2014 U.S. Dist. LEXIS 67707, 2014 WL 2002844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-edwards-mad-2014.