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Saturday, October 11, 2003
Defendant’s bail revoked
for court antics
Vivian Soong is accused of
preparing fraudulent tax returns--------------------------------------------------------------------------------
Associated Press
A local tax return preparer who pleaded guilty last year to six felony counts of aiding in the preparation of fraudulent state income tax returns is in legal trouble again.
Vivian Soong, 58, was indicted Aug. 5 for allegedly helping clients evade state tax obligations. She was also charged with first-degree theft for obtaining more than $20,000 in alleged fraudulent tax refunds for her clients.
Circuit Judge Michael Town revoked Soong's $50,000 bail Thursday when she refused to acknowledge her identity in court and refused to answer questions posed by the court. Town said Soong could be released again if she posts a new cash bail of $25,000.
Deputy Attorney General Ricky Damerville said he believed Soong acted on the advice of someone who is encouraging criminal defendants to obstruct court proceedings.
There are a number of such individuals who aren't licensed attorneys who are engaged in the unauthorized practice of law, Damerville said.
"There's some people out there that are coming into court, they're using the same script," Damerville said. "They're getting advised or brainwashed or whatever you want to call it by other individuals. And I need the public's assistance to find out who it is. And when I do, I'm going to prosecute them."
Damerville said the same people giving out the advice are also encouraging defendants to pepper the court and public officials with nonsensical documents and threatening court officers and public officials with liens unless they dismiss pending criminal charges.
Engaging in the unauthorized practice of law is a misdemeanor punishable by up to one year in jail for each offense.
In May 2002, Town fined Soong $30,000, placed her on five years probation, ordered her to pay all delinquent taxes and sentenced her to serve 150 hours of community service.
One of the charges Soong admitted to last year was helping to prepare a return that claimed the foreign earned income tax exclusion on the premise that Hawaii isn't a state.
Soong worked for RB Tax Service, owned by Richard Basuel. Basuel was convicted in 2001 of filing tax returns claiming Hawaii as a foreign country, overstating itemized deductions for clients and failing to file his own excise tax returns.
Friday, February 16, 2007
Here's Sooong 5 Years Ago?
Newswatch
Police, Fire, Courts
By Star-Bulletin Staff
Friday, February 15, 2002
Tax fraud investigation nets fifth guilty plea
An Aiea woman pleaded guilty yesterday to six counts of aiding and abetting in the preparation of fraudulent tax returns.
Vivian Soong, 56, a tax preparer for RB Tax Service, is the last of five people with the firm to plead guilty. She initially was charged with 30 counts of aiding and abetting.
The state is expected to ask that she spend up to six months in jail and pay $30,000 in fines as a condition of probation when sentenced May 16, said Deputy Attorney General Rick Damerville.
Police, Fire, Courts
By Star-Bulletin Staff
Friday, February 15, 2002
Tax fraud investigation nets fifth guilty plea
An Aiea woman pleaded guilty yesterday to six counts of aiding and abetting in the preparation of fraudulent tax returns.
Vivian Soong, 56, a tax preparer for RB Tax Service, is the last of five people with the firm to plead guilty. She initially was charged with 30 counts of aiding and abetting.
The state is expected to ask that she spend up to six months in jail and pay $30,000 in fines as a condition of probation when sentenced May 16, said Deputy Attorney General Rick Damerville.
Here's Soong 6 Years Ago ?
Wednesday, November 21, 2001
Preparer gets 5-year
probation for 6 counts of
tax-return fraud
--------------------------------------------------------------------------------
By Debra Barayuga
dbarayuga@starbulletin.com
A tax preparer at RB Tax Service was sentenced to five years probation for six counts of aiding and abetting in the preparation of fraudulent tax returns.
Circuit Judge Michael Town denied Rosalinda DeGuzman's request yesterday to defer her guilty plea, which would have allowed her to erase the felony conviction from her record if she abides by the court's conditions.
DeGuzman, 50, is a relative of Richard Basuel, sole proprietor of RB Tax Service who was convicted earlier of filing tax returns claiming Hawaii as a foreign country, overstating itemized deductions for clients and failing to file his own excise tax returns.
DeGuzman was a candidate for deferral because she had no prior criminal history.
Deputy Attorney General Rick Damerville objected to a deferral, noting the crimes occurred over a two-year period, and that she should have known better given she was college-educated and had been trained in tax preparation.
He also noted that DeGuzman was indicted on the charges last October but, less than a month later, obtained naturalization under her maiden name.
"What she was doing was getting naturalized under her maiden name, which is not her legal name, while serious criminal charges are pending under her real name," he said.
Those obtaining citizenship must declare that they are under indictment for serious crimes.
While he's not sure if she violated immigration laws, Damerville said, the state felt it was good cause to deny her request for a deferral.
Howard Chang, DeGuzman's attorney, said his client is very repentant and apologized to the court. She no longer prepares taxes and has since moved to the mainland.
DeGuzman was also ordered to pay a $2,000 fine, perform 200 hours of community service and write a letter of apology to the state Department of Taxation.
Earlier this week, Vivian Soong, the fifth tax preparer at RB Tax Service to be charged with felony tax violations, pleaded not guilty. Her trial is set for Jan. 22.
Preparer gets 5-year
probation for 6 counts of
tax-return fraud
--------------------------------------------------------------------------------
By Debra Barayuga
dbarayuga@starbulletin.com
A tax preparer at RB Tax Service was sentenced to five years probation for six counts of aiding and abetting in the preparation of fraudulent tax returns.
Circuit Judge Michael Town denied Rosalinda DeGuzman's request yesterday to defer her guilty plea, which would have allowed her to erase the felony conviction from her record if she abides by the court's conditions.
DeGuzman, 50, is a relative of Richard Basuel, sole proprietor of RB Tax Service who was convicted earlier of filing tax returns claiming Hawaii as a foreign country, overstating itemized deductions for clients and failing to file his own excise tax returns.
DeGuzman was a candidate for deferral because she had no prior criminal history.
Deputy Attorney General Rick Damerville objected to a deferral, noting the crimes occurred over a two-year period, and that she should have known better given she was college-educated and had been trained in tax preparation.
He also noted that DeGuzman was indicted on the charges last October but, less than a month later, obtained naturalization under her maiden name.
"What she was doing was getting naturalized under her maiden name, which is not her legal name, while serious criminal charges are pending under her real name," he said.
Those obtaining citizenship must declare that they are under indictment for serious crimes.
While he's not sure if she violated immigration laws, Damerville said, the state felt it was good cause to deny her request for a deferral.
Howard Chang, DeGuzman's attorney, said his client is very repentant and apologized to the court. She no longer prepares taxes and has since moved to the mainland.
DeGuzman was also ordered to pay a $2,000 fine, perform 200 hours of community service and write a letter of apology to the state Department of Taxation.
Earlier this week, Vivian Soong, the fifth tax preparer at RB Tax Service to be charged with felony tax violations, pleaded not guilty. Her trial is set for Jan. 22.
What Happened To Soong?, Where Are The Fines?
5 charged with preparing
false tax returns for client
Saturday, February 14, 2004
By Rick Daysog
rdaysog@starbulletin.com
A federal grand jury indicted the head of a local tax preparation service and several of its employees Thursday for submitting false federal tax returns for hundreds of clients between 1997 and 1999.
In a 148-count indictment, the secret panel charged that RB Tax Service owner Richard Basuel, his son Richard Basuel II and employees Dina Caleda, Rosalinda Tamayo and Vivian Soong prepared false tax returns and aided and abetted in the preparation of false tax returns.
The alleged scheme resulted in the filing of more than 900 false federal returns and more than $4 million in falsely claimed tax refunds, the indictment said.
The federal charges are in addition to several criminal actions in state Circuit Court involving the filing of false state income taxes by RB Tax Service and its employees.
Basuel previously served a six-month jail term after he was convicted in July 2001 of filing false tax returns by claiming Hawaii as a foreign country and overstating his clients' itemized deductions.
According to the federal indictment, Basuel and his employees advised their clients to report income they earned in Hawaii as if it were earned in a foreign country. This allowed clients to file for refunds of all of their federal tax withholdings.
RB owner Basuel is charged with 46 counts of preparing a false tax return and aiding and abetting the preparation of a false tax return, while his son Richard faces 21 counts. Soong was charged with 30 counts.
Caleda was charged with 26 counts, and Tamayo faces 24 counts.
If convicted, the defendants each face up to five years in prison and a fine of $250,000 on each count.
Jury finds tax
preparer guilty
His taking advantage of what
he thought was a loophole will
cost him more jail time
Friday, May 27, 2005
By Debra Barayuga
dbarayuga@starbulletin.com
A former tax preparer currently serving a 10-year term in state prison for filing fraudulent tax returns was convicted in U.S. District Court on Wednesday of similar charges involving federal tax returns.
A federal jury took about three hours to deliberate before finding Richard Basuel, 63, of RB Tax Service guilty as charged to conspiracy and 20 counts of aiding and abetting in the filing of fraudulent tax returns.
The jury also found Vivian Soong, who worked at RB, guilty of conspiracy and 12 counts of aiding and abetting in the preparation of fraudulent tax returns.
The two were among five individuals charged in a 148-count indictment in February 2004 that involved a scheme in which they falsely claimed $4 million in tax refunds for their clients for 1999. They claimed their Hawaii earnings should be exempt because it was "foreign earned income."
According to prosecutors, Basuel and tax preparers who worked for him began advising their clients in 2000 that because provisions in the Internal Revenue Code were not drafted precisely, the individual 50 states were not included in the definition of the "United States" for income tax purposes, and therefore U.S. citizens could file for foreign earned income exemptions.
The exemptions applied to the first $74,000 the individual earned -- the limit for tax year 1999. If the individual made less than $74,000, all withholding taxes would be refunded and they basically paid no income taxes, said Assistant U.S. Attorney William Shipley.
For preparing these types of returns, Basuel and Soong sought 10 percent of the client's tax refund as a fee.
Reginald Minn, attorney for Basuel, said Basuel had a "good-faith belief" that the loophole was legitimate and could be used to benefit his clients.
Basuel was not claiming that Hawaii was not part of the United States, but that because of the way "state" was defined in the IRS code, it created a loophole that they honestly felt they could take advantage of, Minn said.
Soong sincerely believed she was giving valid advice and charged the 10 percent fee because she believed it would work, he said.
Until trial, no one had told Basuel or Soong specifically why the position they were taking was incorrect or frivolous, Higa said.
The IRS did send out some refunds initially, but once it realized the advice the filers were relying on, it sent out 3,000 letters calling their position frivolous and instructed them to correct their returns, Shipley said.
Sentencing was set for Sept. 12. Each faces five years in prison for the conspiracy charge.
Just before trial, Basuel's son, Richard Basuel III, Dina Caleda and Rosalinda Tamayo each pleaded guilty to conspiracy and multiple counts of aiding and abetting in the filing of fraudulent tax returns. They are free while awaiting sentencing on Oct. 3.
Tax preparer gets 4 months' prison time
Thursday, February 15, 2007
A federal judge recently sentenced a Waipahu man to four months in prison for preparing fraudulent federal tax returns while working for his father's tax preparation business.
Richard Basuel II worked for his father, Richard Basuel, owner of RB Tax Service, who had offices in Kalihi and Waipahu.
Basuel, his father, Dina Caleda and Rosalinda Tamayo filed false tax returns for hundreds of clients between 1997 and 1999. The actions resulted in more than 900 false federal returns and more than $4 million in falsely claimed tax refunds, according to a news release.
Basuel and the others prepared false returns that failed to recognize Hawaii as a state. This allowed clients to be considered as foreigners and entitled them to file for refunds on their federal tax withholdings.
His father was sentenced earlier to 40 months in prison.
Both Caleda and Tamayo were sentenced to six months in prison.
--------------------------------------------------------------------------------
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false tax returns for client
Saturday, February 14, 2004
By Rick Daysog
rdaysog@starbulletin.com
A federal grand jury indicted the head of a local tax preparation service and several of its employees Thursday for submitting false federal tax returns for hundreds of clients between 1997 and 1999.
In a 148-count indictment, the secret panel charged that RB Tax Service owner Richard Basuel, his son Richard Basuel II and employees Dina Caleda, Rosalinda Tamayo and Vivian Soong prepared false tax returns and aided and abetted in the preparation of false tax returns.
The alleged scheme resulted in the filing of more than 900 false federal returns and more than $4 million in falsely claimed tax refunds, the indictment said.
The federal charges are in addition to several criminal actions in state Circuit Court involving the filing of false state income taxes by RB Tax Service and its employees.
Basuel previously served a six-month jail term after he was convicted in July 2001 of filing false tax returns by claiming Hawaii as a foreign country and overstating his clients' itemized deductions.
According to the federal indictment, Basuel and his employees advised their clients to report income they earned in Hawaii as if it were earned in a foreign country. This allowed clients to file for refunds of all of their federal tax withholdings.
RB owner Basuel is charged with 46 counts of preparing a false tax return and aiding and abetting the preparation of a false tax return, while his son Richard faces 21 counts. Soong was charged with 30 counts.
Caleda was charged with 26 counts, and Tamayo faces 24 counts.
If convicted, the defendants each face up to five years in prison and a fine of $250,000 on each count.
Jury finds tax
preparer guilty
His taking advantage of what
he thought was a loophole will
cost him more jail time
Friday, May 27, 2005
By Debra Barayuga
dbarayuga@starbulletin.com
A former tax preparer currently serving a 10-year term in state prison for filing fraudulent tax returns was convicted in U.S. District Court on Wednesday of similar charges involving federal tax returns.
A federal jury took about three hours to deliberate before finding Richard Basuel, 63, of RB Tax Service guilty as charged to conspiracy and 20 counts of aiding and abetting in the filing of fraudulent tax returns.
The jury also found Vivian Soong, who worked at RB, guilty of conspiracy and 12 counts of aiding and abetting in the preparation of fraudulent tax returns.
The two were among five individuals charged in a 148-count indictment in February 2004 that involved a scheme in which they falsely claimed $4 million in tax refunds for their clients for 1999. They claimed their Hawaii earnings should be exempt because it was "foreign earned income."
According to prosecutors, Basuel and tax preparers who worked for him began advising their clients in 2000 that because provisions in the Internal Revenue Code were not drafted precisely, the individual 50 states were not included in the definition of the "United States" for income tax purposes, and therefore U.S. citizens could file for foreign earned income exemptions.
The exemptions applied to the first $74,000 the individual earned -- the limit for tax year 1999. If the individual made less than $74,000, all withholding taxes would be refunded and they basically paid no income taxes, said Assistant U.S. Attorney William Shipley.
For preparing these types of returns, Basuel and Soong sought 10 percent of the client's tax refund as a fee.
Reginald Minn, attorney for Basuel, said Basuel had a "good-faith belief" that the loophole was legitimate and could be used to benefit his clients.
Basuel was not claiming that Hawaii was not part of the United States, but that because of the way "state" was defined in the IRS code, it created a loophole that they honestly felt they could take advantage of, Minn said.
Soong sincerely believed she was giving valid advice and charged the 10 percent fee because she believed it would work, he said.
Until trial, no one had told Basuel or Soong specifically why the position they were taking was incorrect or frivolous, Higa said.
The IRS did send out some refunds initially, but once it realized the advice the filers were relying on, it sent out 3,000 letters calling their position frivolous and instructed them to correct their returns, Shipley said.
Sentencing was set for Sept. 12. Each faces five years in prison for the conspiracy charge.
Just before trial, Basuel's son, Richard Basuel III, Dina Caleda and Rosalinda Tamayo each pleaded guilty to conspiracy and multiple counts of aiding and abetting in the filing of fraudulent tax returns. They are free while awaiting sentencing on Oct. 3.
Tax preparer gets 4 months' prison time
Thursday, February 15, 2007
A federal judge recently sentenced a Waipahu man to four months in prison for preparing fraudulent federal tax returns while working for his father's tax preparation business.
Richard Basuel II worked for his father, Richard Basuel, owner of RB Tax Service, who had offices in Kalihi and Waipahu.
Basuel, his father, Dina Caleda and Rosalinda Tamayo filed false tax returns for hundreds of clients between 1997 and 1999. The actions resulted in more than 900 false federal returns and more than $4 million in falsely claimed tax refunds, according to a news release.
Basuel and the others prepared false returns that failed to recognize Hawaii as a state. This allowed clients to be considered as foreigners and entitled them to file for refunds on their federal tax withholdings.
His father was sentenced earlier to 40 months in prison.
Both Caleda and Tamayo were sentenced to six months in prison.
--------------------------------------------------------------------------------
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