- 4 - and Esther Sternberg (Nochum’s wife) (collectively, the promoters). Under the scheme, the promoters sold invoices to corporations in the garment industry, falsely reflecting that one of the promoters’ companies had sold yarn to the invoice- purchasing company. Principals of the invoice-purchasing companies provided the promoters with company checks in the amounts of the false invoices, and the promoters returned cash to the principals in the amount of the checks less a processing fee. No actual yarn was involved. The invoice-purchasing companies included the purported cost of the nonexistent yarn in their calculations of cost-of-goods-sold for tax purposes, fraudulently misstating their taxable income. The principals converted some of the cash to their personal use without declaring those funds as income on their tax returns. Ultimately, the promoters were convicted for their parts in the scheme, and their convictions were affirmed on appeal. See United States v. Gurary, 860 F.2d 521 (2d Cir. 1988). Randy Hall began participating in the scheme before Mr. Feinsmith was a Randy Hall shareholder. Mr. Mandel originally purchased the false invoices on behalf of Randy Hall, and he did so with the knowledge of the other two shareholders (i.e., Messrs. Perry and Rosenthal). Randy Hall continued to purchase the false invoices after Mr. Mandel’s retirement. At all times, Randy Hall paid for the false invoices by checks, and thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011