Green Tax Break Syndicated Easements Face IRS Scrutiny

Jack Fisher has raised hundreds of millions of dollars pitching investors on real estate development projects that were never built. Fisher, an accountant-turned-developer, promoted projects such as the Preserve at Venice Harbor, near Hilton Head, S.C., where marketing illustrations showed houses on canals that evoked the famous Italian city. Instead of developing the land, he recruited investors to elaborate deals that provided them charitable tax deductions in return for donating easements for conservation.

The Internal Revenue Service, however, suspects the deals may amount to tax fraud. Fisher is at the center of a criminal probe related to these syndicated conservation easements, according to people familiar with the details, who requested anonymity to discuss a confidential matter. The investigation has already led to tax conspiracy charges against three accountants who worked with him.

A syndicated conservation easement gives dozens of investors in partnerships three choices: to build a specific development project; to hold on to the land and build later; or to donate an easement to a land trust or government, promising to forgo development. The third option entitles investors to charitable tax deductions, based on the appraised value of the land, that can be worth four or five times their investment.

Easements have been used—legitimately, and mostly by family partnerships and individuals like farmers—for decades as part of a federal push to preserve more than 30 million acres of land. Those aren’t the focus of an IRS crackdown. Instead, it’s going after promoters like Fisher who sell deals through brokers, accountants, lawyers, and tax preparers, and who market the projects that generate large tax deductions. The IRS has made these an enforcement priority, suing some promoters to shut them down and criminally investigating others.

California conservation lawyer Misti Schmidt says a typical syndicated easement used by wealthy investors is an “ugly tax-shelter scheme” that relies on grossly overvalued appraisals. “There’s so much money to be made, they just keep doing it,” says Schmidt, a partner at Conservation Partners.

Those appraisals are at the center of the legal fight around syndicated easements. Before an easement donation is made, an appraiser assigns it a value based on its highest and best use. That number is then used to calculate the tax deductions. The IRS often argues that those appraisals vastly inflate the development potential of a property, and that promoters use those valuations to market lucrative tax deductions.

Two of Fisher’s associates, the brothers Stein and Corey Agee, pleaded guilty in December to conspiring to promote fraudulent tax breaks and are cooperating with prosecutors. Although Fisher wasn’t charged or named in the Agee cases, he’s referred to as Promoter A in court documents, the people familiar with the details say. Documents reviewed by Bloomberg confirm Fisher’s role in the deals. Lawyers for Fisher didn’t respond to emails and phone calls seeking comment.

In the Stein Agee case, prosecutors say the deals were “illegal tax shelters that allowed taxpayers to buy tax deductions,” according to the charges. Appraisals were “falsely inflated,” while the conservation option was “always a foregone conclusion.” Many investors signed up after the tax year in which easements were donated, prosecutors say, even though the IRS allows deductions only in the same year a donation is made. Promoter A and others had investors backdate checks and agreements, according to the charges.

“Promoter A’s tax shelters resulted in a massive evasion of taxes,” the charges state. In all, more than 1,500 investors received $1.2 billion in fraudulent tax deductions, prosecutors said. At one point, Promoter A told Stein Agee that he met with several co-conspirators to make sure they were on the “same page” about late investments, according to the charges. Promoter A proposed that Agee could falsely suggest that backdated checks weren’t deposited because they were “lost” on someone’s desk. Lawyers for the Agees declined to comment.

Nationwide, the IRS has challenged $21 billion in tax deductions claimed for syndicated easements from 2016 to 2018, saying it’s auditing 28,000 taxpayers. Former President Donald Trump has donated several easements, including two under scrutiny by New York state authorities.

“The IRS fully supports the benefit of legitimate conservation easements around this country,” IRS Commissioner Charles Rettig told Congress in March. “It has done tremendous things for farmers and others. Our problem is with the abusive syndicated easements.”

The IRS crackdown comes amid a battle in Congress that pits conservation groups and national appraisal organizations against promoters of syndicated easements. Conservation groups want legislation that would bar investors from claiming deductions worth more than two and a half times their initial investment. Promoters have been blocking that fix for years.

“The IRS’s current take-no-prisoners litigation strategy is also going after minor technical flaws that arise in all easements, not just syndications,” says Schmidt, the conservation lawyer. “Legitimate easements are now getting disallowed.”

Fisher, who’s in his late 60s, grew up on a small-town farm in Marshall, N.C., and still speaks in a soft Southern drawl. The son of a truck driver and homemaker, he graduated with a degree in accounting from nearby Mars Hill College in 1974 before joining the IRS. Fisher then became a certified public accountant, worked for Price Waterhouse, and joined a firm that moved him to Atlanta to work with the National Football League’s Falcons.

Later, he took a job at an accounting firm with the Agee brothers’ father, Edward Agee. “I got a lot of good experience,” Fisher testified at a trial after a real estate broker sued him, claiming the developer owed him a commission. Fisher said he met people who “could refer you to business: bankers and things like that.”

He got into development by auditing construction companies, and later began assembling his own investment deals, founding Preserve Communities about two decades ago.

Fisher was adept at raising money, says Anthony Antonino, a real estate consultant who helped with the sale of 800 acres in North Carolina for $14.75 million to entities controlled by Fisher and a wealthy investor. “Jack knows where the money’s at, and he knows how to get it,” Antonino says.

Some of Fisher’s wealthy investors were involved in equestrian events, say people familiar with the matter. His family owned a 40-acre show stable in Alpharetta, Ga., according to a 2013 story in the Atlanta Journal-Constitution. His then-wife, Libba, and two of their children won several titles competing in elite hunter and jumper events, according to records maintained by the U.S. Equestrian Federation.

He was a hands-on developer, says Mark Brooks, a civil engineer who helped Fisher build projects. “He was out there walking the roads and figuring out site lots,” Brooks says. “He was real proud when he did the developments. He felt he was doing things to help out Madison County, which was a pretty poor county.”

He also branched out to the Western U.S., buying a 1,088-acre ranch near Reno, Nev. In late 2018 a Georgia corporation Fisher formed donated an easement covering 812 acres to the North American Land Trust. Investors got $51.2 million in deductions, according to court filings. They put up $10 million, his partner told planners in Nevada’s Washoe County.

Months later, Fisher pursued permission to develop 38 homes on land not covered by the easement. He showed up at a rural advisory board meeting in July 2019 wearing a cowboy hat and flanked by ranch hands, according to a resident. When pressed, Fisher backed down.

“We have no plans to do anything with that property other than to make it part of the ranch,” Fisher said at the recorded meeting. In the face of stated opposition by planners, he withdrew his application.

The Agee brothers, whose father died in 2009, helped promote some of Fisher’s deals. At the proposed Preserve at Venice Harbor development, $179.8 million in tax deductions were claimed by the 390 investors who chose a conservation easement instead of building homes, court documents show. That was more than four times what they put in.

By 2018, less than two years after the IRS began targeting syndicated easements as tax shelters, Fisher was under investigation, the people with knowledge of the matter say. “You have to be very, very careful that these look like real estate investments as compared to, you know, basically a tax shelter,” Promoter A told an agent posing as an investor, according to the charges against Stein Agee.

Fisher continued to work with the Agees through last year, the people say. In November, Promoter A left a handwritten note for Stein Agee saying he’d been “cleaning up the books,” the charges state. About the same time, a video was uploaded to the Preserve Communities Vimeo account.

Fisher talks about his career while viewers see images of forests, mountains, and rivers, and of Fisher himself sitting on a deck, and then feeding a horse. “I hope the people who live in our communities gain a greater connection to nature, to slow down in life, to realize what’s really important,” he says. “We only have so many years here on the planet, and feeling good about what you’ve done with your life.”

— With assistance by Kaustuv Basu, Neil Weinberg, and Elise Young

By: David Voreacos

Source: Green Tax Break Syndicated Easements Face IRS Scrutiny – Bloomberg

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The IRS Goes Undercover As A Bitcoin Trader In $180,000 Sting

On the hunt for tax cheats, fraudsters, money launderers and dark web drug dealers, the Internal Revenue Service (IRS) has sent an undercover agent to work on a market for trading bitcoin, ether and other cryptocurrency.

In a search warrant reviewed by Forbes, the undercover IRS agent went by the name of “Mr. Coins” on LocalCryptos.com, a platform exchanging cryptocurrency for dollars and other fiat currencies. Mr. Coins’ profile, still live at the time of publication, had 100% positive feedback after shifting up to $200,000 in digital money.

But his biggest success may have been to take down an alleged dark web drug dealer, tricking him into sending more than $180,000 in cash to the IRS in exchange for cryptocurrencies, according to the warrant.

In June of last year, Mr. Coins put up an advertisement offering to buy bitcoin via cash by mail and above market prices. All sellers had to do was get in touch over encrypted messaging apps Wickr or WhatsApp.

Shortly afterward, a person going by the name “Lucifallen21” got in touch to inquire about the ad, according to the search warrant. The IRS, without saying how, determined that Lucifallen21 was actually Evansville, Indiana, resident Chase Hite. By July, he’d agreed to buy from Mr. Coins, wrapping up $15,040 in cash in clothes, putting the money in a box and posting it to the agent in exchange for approximately 1.59 bitcoin, according to the government’s account.

More payments came in, with nearly $20,000 posted in August, in exchange for approximately 1.34 bitcoin and 45.2 monero, another cryptocurrency that promises better privacy protections than its rivals, the government said, adding that nearly $65,000 was sent to the agent over following months.

Come March this year, investigators were getting ready to home in on the conclusion to the sting operation. A $28,000 cash package from Hite was intercepted and marked as lost by the Postal Service, according to the IRS, which then monitored calls to the post office, waiting for the suspect to call and complain. Investigators linked this call with a phone number that was paid for by Hite.

Further messages over Wickr indicated Hite was involved in dark web drug sales, claiming to sell “pills and opioids,” as well as cocaine and marijuana, the IRS claimed. As they deepened their relationship, the undercover officer agreed to provide Hite with a loan, by which the suspect would send $54,000 in cash and get $79,000 worth of cryptocurrency in return, according to the search warrant. When that last package arrived, forensics took fingerprints and linked them to Hite, the government added.

Hite was arrested in July and has not yet filed a plea. The charges were filed in the Eastern District of New York. His lawyer declined to comment. LocalCryptos hadn’t responded to requests for comment. The IRS declined to provide more information than what had been filed in court.

The tax collecting agency has a track record of going undercover to snare cryptocurrency-using criminals. Earlier this year, it was revealed that the agency had organized a payment to a service called Bitcoin Fog, which offered to launder money.

The agents said they wanted to launder cryptocurrency they’d earned by selling Ecstasy, according to a criminal complaint, first reported by Wired, in which a Russian-Swedish administrator was charged. And in March, the IRS pretended to be a seller of counterfeit Gucci products sourced from China, asking the defendant in that case to convert bitcoin that they claimed to have acquired in selling the merchandise.

But this latest sting is a rare case where the IRS set up a profile on a cryptocurrency trading platform and created what amounts to a watering hole, with agents just waiting for criminals to dive in.

This story is part of The Wire IRL feature in my newsletter, The Wiretap. Out every Monday, it’s a mix of strange true crime and real-world surveillance, with all the relevant search warrants and court documents for you to pore over. There’s also all the cybersecurity and privacy news you need to read. Sign up here.

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I’m associate editor for Forbes, covering security, surveillance and privacy. I’m also the editor of The Wiretap newsletter, which has exclusive stories on real-world

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Johnson & Johnson Agrees To Pay $230 Million To Resolve N.Y. Opioid Lawsuit

Johnson & Johnson building in Madrid.

Johnson & Johnson will pay as much as $230 million to settle a lawsuit from New York state over its sale and marketing of opioid painkillers, New York Attorney General Letitia James announced Saturday, as state and local governments move to extract money from the pharmaceutical companies that developed the drugs to help combat an epidemic of addiction to them.

The settlement will remove Johnson & Johnson from a trial in a lawsuit brought by James against multiple pharmaceutical companies that’s set to start on Long Island next week.

Johnson & Johnson will pay as much as $230 million into a state-operated settlement fund to underwrite addiction recovery services, overdose prevention, training for healthcare providers and other opioid-related purposes.

James said Johnson & Johnson has agreed to stop selling opioids in the United States, but the company says it stopped selling prescription painkillers in the U.S. last year.

The settlement does not require Johnson & Johnson to admit any wrongdoing or liability, and the company called its marketing of painkillers “appropriate and responsible” in a Saturday morning statement.

Crucial Quote

“While no amount of money will ever compensate for the thousands who lost their lives or became addicted to opioids across our state or provide solace to the countless families torn apart by this crisis, these funds will be used to prevent any future devastation, James said in a statement.

Key Background

James sued Johnson & Johnson along with several other drugmakers in 2019, accusing the New Jersey-based pharmaceutical company of aggressively marketing its opioid painkillers to doctors and inaccurately downplaying the risk of addiction. The lawsuit tied the company to a nationwide opioid abuse epidemic fueled largely by the overuse of powerful, addictive prescription drugs. Several other state and local officials have weighed action against Johnson & Johnson, and the company said last year it’s open to paying $5 billion in settlements.

Tangent

When James’ court case against drugmakers starts next week, it will not include the suit’s best-known target: Oxycontin manufacturer Purdue Pharma. Saddled with a federal criminal probe and hundreds of lawsuits, Purdue is navigating bankruptcy proceedings, and the company and members of the Sackler family — the company’s billionaire owners — are offering to pay billions of dollars in settlements and restructure Purdue as a public benefit company. This plan is controversial, with some politicians and advocates pushing back on a provision to make the Sackler family personally immune from future lawsuits.

I am a breaking news reporter at Forbes. I previously covered local news for the Boston Guardian, and I graduated from Tufts University in 2019. You can contact me at jwalsh@forbes.com.

Source: Johnson & Johnson Agrees To Pay $230 Million To Resolve N.Y. Opioid Lawsuit

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Critics:

The opioid epidemic, also referred to as the opioid crisis, is the phrase used to describe the overuse, misuse/abuse, and overdose deaths attributed either in part or in whole to the class of drugs opiates/opioids, and the significant medical, social, psychological, and economic consequences of both the medical and the non-medical or recreational use of these medications.

Opioids are a diverse class of moderate to strong painkillers, including oxycodone (commonly sold under the trade names OxyContin and Percocet), hydrocodone (Vicodin, Norco) and a very strong painkiller, fentanyl, which is synthesized to resemble other opiates such as opium-derived morphine and heroin. The potency and availability of these substances, despite the potential risk of addiction and overdose, have made them popular both as medical treatments and as recreational drugs.

Due to their sedative effects on the part of the brain which regulates breathing, the respiratory center of the medulla oblongata, opioids in high doses present the potential for respiratory depression and may cause respiratory failure and death. Opioids are highly effective for treating acute pain, but a debate rages over whether they are effective in treating chronic (long term) or high impact intractable pain, as the risks may outweigh the benefits.

Most deaths worldwide from opioids and prescription drugs are from sexually transmitted infections passed through shared needles – citation needed. This has led to a global initiative of needle exchange programs and research into the varying needle types carrying STIs. In Europe, prescription opioids account for three‐quarter of overdose deaths, which represent 3.5% of total deaths among 15-39-year-olds.

Some worry that the epidemic could become a worldwide pandemic if not curtailed.Prescription drug abuse among teenagers in Canada, Australia, and Europe were comparable to U.S. teenagers. In Lebanon and Saudi Arabia, and in parts of China, surveys found that one in ten students had used prescription painkillers for non-medical purposes. Similar high rates of non-medical use were found among the young throughout Europe, including Spain and the United Kingdom.

Cybercrime Joker Retires With A Reported $2.1 Billion In Bitcoin

The most popular stolen payment card marketplace on the dark web is no more. The criminal behind the Joker’s Stash site, which trades in stolen credit and debit card data, has announced that all servers and backups will be wiped, and the site will never open again. That criminal, who unsurprisingly goes by the pseudonym of ‘JokerStash’ or Joker for short, has shut up shop and is going into retirement. A rather comfortable retirement, assuming Interpol and the FBI don’t catch up with them, with a reported $2.1 billion (£1.5 billion) in Bitcoin.

Joker’s Stash was the biggest of the carding sites on the dark web. Carding being the process of not just selling that stolen card data, but also enabling criminals to launder their illicit cryptocurrency balances. The stolen card data is used to buy gift cards or other easily traded items which are then sold on for cash. In 2019, I reported how a single payment card database, of more than a million market fresh cards in total, was being offered for sale at $130 million (£93 million.)

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In a January dark web blog posting, the Joker warned customers of the infamous carding site that it would shut up shop for good on February 15. However, according to financial crime compliance blockchain analysis specialists Elliptic, the site went down on February 3.

As you might imagine, this will not have pleased those customers who thought they had 12 more days to cash out their crypto balances. Although it hasn’t been possible to determine exactly how much money these cyber-criminals may have lost, the reverse is not true: Elliptic analysts have calculated the size of the Joker’s retirement pot based on incoming crypto payments to the Joker’s Stash wallet. MORE FOR YOU

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How big a pension has Joker built up through this criminal enterprise since it started operating in 2014? Elliptic said that, in 2018 alone, $139 million (£100 million) in sales went through Joker’s Stash, by way of example. More recently, revenues dropped significantly as payment card fraud detection technology improved. However, more than $400 million (£288 million) flowed through the site between 2015 and 2021.

Joker’s Stash made its money by charging deposit fees for converting Bitcoin to a dollar balance and also through taking a commission on all trading in stolen cards. Although that commission rate cannot be pinned down precisely, Elliptic analysts based their calculations on an average of 20% as seen at other carding operations.

“If we assume an average total commission of 20% on sales,” Elliptic wrote, “then considering bitcoin alone they would have taken a total of at least 60,000 bitcoins.”

Or, to put it another way, around $2.1 billion (£1.5 billion) currently.

Which leaves the departing statement from the Joker with the irony volume turned up to eleven. After telling cyber-gangsters not to “lose themselves in the pursuit of money,” the Joker went on to declare that “all the money in the world will never make you happy and the “most truly valuable things in this life are free.”

That’s easy to say when you have so much cash, regardless of how you came by it.

Maybe the pandemic played a role in both the site closure decision and that display of sentiment. In October 2020, Joker disclosed to customers that he, or she, had been in hospital for a week after contracting Covid-19.

Whatever, Joker’s Stash is no more and that’s a good thing for the law-abiding majority. Unfortunately, the way of the dark web world is that another carding site will soon rise to take over as the crypto kingpin of this illicit trade. Although this particular cybercrime genre has dipped in terms of profitability over the last couple of years, there is still, sadly, plenty of money to be made. Maybe not as much as the Joker’s Stash, but more than enough to make a mockery of the old saying that crime doesn’t pay. Especially as it would seem, based on current intelligence at least, that the site wasn’t busted by law enforcement but closed of its own volition. The last laugh would seem to be with the Joker.

Follow me on Twitter or LinkedIn. Check out my website

Davey Winder

Davey Winder

I’m a three-decade veteran technology journalist and have been a contributing editor at PC Pro magazine since the first issue in 1994. A three-time winner of the BT Security Journalist of the Year award (2006, 2008, 2010) I was also fortunate enough to be named BT Technology Journalist of the Year in 1996 for a forward-looking feature in PC Pro called ‘Threats to the Internet.’ In 2011 I was honored with the Enigma Award for a lifetime contribution to IT security journalism. Contact me in confidence at davey@happygeek.com if you have a story to reveal or research to share.

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