Last night, following a trial that began on Jan. 29, 2014, a federal jury convicted David Moleski, formerly of Neptune, N.J., of 14 counts of mail fraud, one count of wire fraud, one count of corruptly endeavoring to obstruct and impede Internal Revenue laws and three counts of submitting false claims for tax refunds, the Justice Department and Internal Revenue Service (IRS) announced.
According to the evidence introduced at trial, Moleski, a former chiropractor, submitted three false tax returns in 2009 for the tax years 2006 through 2008 that collectively requested over $1.3 million in income tax refunds to which he was not entitled. Prior to filing these returns, Moleski failed to file tax returns from 1999 through 2005, even though he was legally required to file. When the IRS assessed taxes for those years and began collecting, Moleski obstructed the collection efforts and demanded that a third-party financial institution not comply with the IRS levy. In addition, Moleski attempted to pay credit card bills and other debts with fake financial instruments that claimed to draw on an account at the U.S. Treasury that did not actually exist. For instance, Moleski sent a fake financial instrument for $500,000 in alleged payment of a mortgage debt.
U.S. District Judge Freda L. Wolfson of the District of New Jersey scheduled sentencing for May 21, 2014. David Moleski faces more than 30 years in prison and fines of $250,000 per count of conviction.
Assistant Attorney General Kathryn Keneally of the department’s Tax Division commended the special agents of IRS - Criminal Investigation who investigated the case, as well as Trial Attorneys Tino M. Lisella and Yael Epstein for the Tax Division who prosecuted the case. Assistant Attorney General Keneally also thanked U.S. Attorney Paul J. Fishman for the District of New Jersey and his entire office for their assistance.