California Businessman Sentenced for Tax Evasion

A California man was sentenced today to 15 months in prison for evading more than $1 million of individual and corporate income taxes owed to the IRS and California Franchise Tax Board.

According to court documents and statements made in court, Haim Jerry Kohen owned and operated a business that bought and sold bulk quantities of used clothing. Between 2005 and 2017, Kohen evaded his taxes by, among other things, filing false individual and corporate income tax returns with federal and state taxing authorities on which he underreported income.

He also attempted to conceal this income from the IRS by diverting it from his business to himself and by dealing in cash. Kohen collected cash payments owed to his business from a significant customer and kept the cash for himself instead of depositing it into his business’ bank account. Kohen did not report the diverted cash on either the corporate tax returns or on his individual income tax returns. Kohen continued this conduct even after he became aware that he was under criminal investigation by the IRS.

Additionally, in November 2013, that same customer owed Kohen’s business over $648,000. Kohen and the customer executed a promissory note where the customer agreed to repay the debt to Kohen personally, and not to his business. Kohen received payments pursuant to the note in cash and did not report them on any tax return. Over the years, Kohen also loaned money to people and did not report the interest payments he received on his personal returns.

Kohen also did not report rental income from two properties he owned in Beverly Hills and Tarzana, California. Kohen bought the Beverly Hills property in 2011 and soon thereafter deeded it to close family members. However, Kohen continued to collect the rental income for the property and exercised ownership and control over it. He also did not report the rental income he received from the Tarzana property.

In total, Kohen caused a tax loss to the IRS and State of California of $1,471,323.

In addition to the term of imprisonment, U.S. District Judge Stanley Blumenfeld, Jr. ordered Kohen to serve one year of supervised release, pay a fine of $95,000 and to pay $1,471,323 in restitution.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Martin Estrada for the Central District of California made the announcement.

IRS Criminal Investigation’s International Tax and Financial Crimes group investigated the case.

Senior Litigation Counsel Mark F. Daly and Trial Attorneys Sara E. Henderson and John C. Gerardi of the Justice Department’s Tax Division and Assistant U.S. Attorney Ranee Katzenstein for the Central District of California prosecuted the case.