California Certified Public Accountant Indicted for Filing False Tax Returns and Mail Fraud Scheme

A federal grand jury in San Francisco returned a superseding indictment yesterday charging a California man with filing false tax returns, mail fraud, and money laundering. Gilbert was previously charged with filing false tax returns earlier this year.

The following is according to the superseding indictment: Michael M. Gilbert, of San Rafael, filed false tax returns for himself and two business entities he controlled. Gilbert, a certified public accountant since 1985, allegedly underreported the total income his accounting and tax return preparation business, M.M. Gilbert & Company Inc., received during the years 2017 through 2020.

The superseding indictment further alleges that Gilbert solicited payments from clients of M.M. Gilbert for “tax strategies” and “donations,” among other things, which the clients paid to White Mountain Properties Inc., another entity Gilbert controlled. Gilbert allegedly did not report these payments as income on the company’s 2017 through 2021 business tax returns. These payments to White Mountain were allegedly proceeds from Gilbert’s scheme to defraud his clients through the promise of some tax benefit. In fact, the White Mountain funds did not create a tax benefit for Gilbert’s clients, and Gilbert allegedly instead diverted the payments for his own personal enrichment. In 2020-2021, Gilbert is alleged to have transferred more than $5 million from White Mountain to himself and then failed to report that income on his individual tax returns.

If convicted, Gilbert faces a maximum penalty of 20 years in prison for each count of mail fraud, a maximum penalty of 10 years in prison for each count money laundering, and a maximum penalty of three years in prison for each count of filing a false tax return. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Karen Kelly of the Justice Department’s Tax Division and U.S. Attorney Craig H. Missakian for the Northern District of California made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Julia M. Rugg and Patrick Burns of the Tax Division and Assistant U.S. Attorney Sara E. Henderson for the Northern District of California are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.