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Ex-IRS Agent Pleads Guilty to Ordering Hit Job on Tax Clients

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San Diego, Calif. (August 20, 2012)

By Michael Cohn

A former Internal Revenue Service revenue agent and tax preparer has pleaded guilty to charges that he tried to hire a hit man to kill four of his former clients who were scheduled to testify against him in a tax fraud case.

Steven Martinez pleaded guilty August 10 in a federal court in San Diego to criminal charges including murder-for-hire, witness tampering involving attempted murder, solicitation of a crime of violence, mail fraud, filing false tax returns, Social Security fraud, aggravated identity theft, and money laundering. Martinez pled guilty to a total of 12 counts in the superseding indictment.

As part of his guilty plea, Martinez admitted that in late February 2012, he solicited a third party to murder four former clients who were victims of his fraud and were slated to testify against him in his pending criminal tax case. Martinez reportedly directed his limousine driver, Norman Russell Thellmann, to deliver cash to a hit man who had been promised $100,000 to carry out the hit job (see Former IRS Agent Accused of Ordering Hit Job).

The purported hit man instead contacted the San Diego division of the FBI on Feb. 28 to report the murder-for-hire plot by Martinez. According to the complaint, a subsequent meeting between the third party and Martinez was recorded and videotaped by the FBI.

According to the complaint, Martinez told the would-be assassin “he could make him rich for the rest of his life, $100,000 cash, if he eliminated the lady in Rancho Santa Fe and the lady in La Jolla.” The third party said Martinez “suggested that the former employee use two different pistols for the murders and that he acquire a silencer.”

Martinez admitted in court that he tried to prevent the former clients’ testimony by offering the third party $100,000 to murder them. He admitted he provided the hit man with four written packets of detailed information about the former clients, including photos of the soon-to-be murder victims, their homes and personal information. Martinez admitted that once the murders took place, he would pay the perpetrator $40,000 in cash, followed by the remaining $60,000 in cash within 72 hours of the murders.

In addition, Martinez admitted that he filed false tax returns and defrauded his clients by stealing over $11 million in tax payments. Martinez admitted that he presented his clients with completed tax returns indicating that they owed a significant amount of tax. He requested that his clients write checks payable for the amount of taxes due and owing to an alleged client trust account, instead of directly to the IRS or the California Franchise Tax Board.

Martinez also convinced the same clients to write checks during the tax year for estimated tax payments to the same alleged client trust accounts. Instead of depositing the checks into a true trust account, Martinez admitted that he took the checks and deposited them into several nominee bank accounts. In an attempt to conceal his fraud, Martinez admitted that he filed a different set of false tax returns indicating that his clients owed little or no income tax. Martinez admitted that he converted approximately $11 million in stolen taxpayer funds for his own personal benefit, and used them to make home improvements, purchase real estate, purchase a beach home in Mexico, pay for the use of a private airplane, make investments of more than $2 million in other entities, and make payments of more than $2 million for his personal use credit cards and loans.

As part of his fraudulent tax scheme, Martinez admitted that he committed Social Security fraud and aggravated identity theft by using the Social Security numbers of his clients without authorization when he filed the false tax returns with the IRS. Martinez admitted he committed mail fraud by mailing the false tax returns to the IRS. Martinez also admitted that he laundered approximately $2 million through nominee bank accounts for his own business and personal use. Finally, Martinez admitted that he knowingly and intentionally filed false personal income tax returns for tax years 2004, 2005, 2006 and 2007.

This case is being investigated by Special Agents with the IRS’s Criminal Investigation division, and the Federal Bureau of Investigation. A sentencing hearing has been scheduled for Nov. 30.

7 Comments

Mr Steven Martinez was a CPA according to news reports, and if he was an honorably discharged IRS agent he would have been entitled to become an E.A. without taking the exam if he had 5 years with the service.

Posted by: DDTS | August 23, 2012 2:25 PM

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And Bernie Madoff was given a glowing recommendation by the SEC.

And ENRON passed its yearly Arthur Anderson audit with flying colors.

And some drunken fool plowed headfirst into a school bus full of children in Carrollton, Kentucky and incinerated them all (but not himself).

Just because we can all come up with a few horrible examples should we stop trying to regulate our society?

Just because a few bad apples learn how to "game the system" should we throw up our hands and abandon all attempts to prevent tragedies in the future?

Just because drunken drivers exist, should we stop testing for drivers licenses altogether?

Two wrongs do not make a right, and unregulated return preparers do nothing to help the system.

Those of us with credentials are sick and tired of fixing your screw-ups. We have worked long and hard, and invested our hard-earned money in the credentials for our profession, only to see the huge invoices attached to the pathetic returns we are correcting. The invoices from unenrolled preparers are completely disproportionate to their education and credentials in taxation.

Stop whining and take the stupid test.

Kate Harner, EA

Posted by: KATEHARNER | August 23, 2012 1:42 PM

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This seems to be a popular fraud mechanism. We have a similar case (without the death threats) here in Sacramento and there have been several more reported.

These are CPAs,attorneys, etc. Haven't yet read a story about some poor tax return preparer doing this type of scam.

Does ANYONE really believe that the hoops the IRS is making the RTRPs jump through will have any effect on this type of fraud -- or any other for that matter??

Posted by: oldnavy | August 22, 2012 2:46 PM

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A former IRS agent. Thank God there are some honest people. " the hit man". I guess he did not felt good to kill 2 old women. I am wondering if he was registered as a prepared and passed the "test". Just to see if these regulations are working.

Posted by: geomar | August 21, 2012 10:12 PM

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What kind of clearance did Martinez have to pass to get his job as an IRS agent? signed-francis

Posted by: fredonia | August 21, 2012 4:22 PM

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Correction on the previous comment. This clown has already been tried and convicted as stated in the news article. I inadvertently included that statement in the original post by mistake.

One does have to wonder what kind of clients would blindly pay a tax practitioner the tax due amount to the tax practitioner for deposit into a client trust account instead of paying the IRS directly.

Just goes to show how some people can trust anyone without question.

Posted by: FAApilotCPA | August 21, 2012 11:21 AM

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I hope and pray that this clown, potential murderer gets the full punishment he deserves. Also if any of the stolen monies are still available, plus the real estate and other assets owned by this clown needs to be immediately caputured by the DOJ and held in trust until this clown is tried and convicted.

$ 11 million is quite a large fraud to say the least. He should not be allowed to use the stolen funds to buy a top dollar legal defense during the senencing phase of this trial.

Hopefully he will get life in prison or close to it.

Posted by: FAApilotCPA | August 21, 2012 11:15 AM

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