Atlanta Attorney Pleads Guilty in Syndicated Conservation Easement Tax Scheme

A Georgia man pleaded guilty last week to obstructing the IRS related to his participation in the promotion of abusive syndicated conservation easement tax shelters.

According to court documents and statements made in court, Vi Bui was an attorney and partner at Sinnott & Co., an Atlanta-based company. Beginning in at least in 2012 and continuing through at least May 2020, Bui participated in a scheme to defraud the IRS by organizing, marketing, implementing and selling illegal syndicated conservation easement tax shelters created and organized by Jack Fisher, Sinnott and others. For their involvement in the scheme, Fisher and Sinnott were convicted at trial and in January sentenced to 25 and 23 years in prison, respectively.

The scheme entailed the creation of partnerships that would purchase land and land-owning companies and then donate conservation easements over that land or the land itself. Appraisers would allegedly generate fraudulent and inflated appraisals of the conservation easements. The partnerships then claimed a charitable contribution tax deduction based on the inflated value of the conservation easement, resulting in a fraudulent tax deduction flowing to the wealthy clients who purchased units in the partnership. Many of these clients joined the tax shelters after the donation of the interest in land and after the close of the relevant tax year. Bui knew that, to make it appear that the participants had timely purchased their units in the tax shelters, Fisher, Sinnott and others backdated and instructed others to falsify documents, including subscription agreements, checks and other documents. And in at least one instance, Bui falsified documents himself.

Bui anticipated that the syndicated conservation easement transactions would be audited. To deceive the IRS, Bui and others took steps to make the partnerships appear as legitimate real estate development companies. They would create and disseminate lengthy documents disguising the true nature of the transaction, institute sham “votes” for what to do with the land that the partnership owned despite knowing that outcome was predetermined and falsify paperwork, such as appraisals and subscription agreements.

In one instance, when investigators conducted an undercover operation in 2018, Bui, believing that the IRS was auditing an individual’s 2014 tax return, prepared false documents that made it appear that the materials were executed before the purported donation of the conservation easement in 2014 and before the 2014 tax returns had been filed.

Bui earned substantial income for his role in the illegal scheme. He also used the fraudulent tax shelters to evade his own taxes, filing false personal tax returns from 2013 through 2018 that claimed false tax deductions from the illegal syndicated conservation easement tax shelters.

Bui is scheduled to be sentenced on Feb. 13, 2025, and faces a maximum penalty of three years in prison. Bui also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

To date, in addition to the convictions of Fisher and Sinnott noted above, nine additional defendants have pleaded guilty to criminal conduct related to the syndicated conservation easement tax shelter scheme, including appraiser Walter Douglas “Terry” Roberts, accountants Stein Agee; Corey Agee, CPA; Ralph Anderson, CPA; James Benkoil, CPA; Victor Smith, CPA; William Tomasello, CPA; Herbert Lewis,  CPA; and Attorney Randall Lenz.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia and Chief Guy Ficco of the IRS Criminal Investigation (IRS-CI) made the announcement. They also thanked U.S. Attorney Dena J. King for the Western District of North Carolina for her office’s assistance.

IRS-CI and the U.S. Postal Inspection Service investigated the case.

Trial Attorneys Richard M. Rolwing, Parker Tobin, Jessica Kraft and Nicholas J. Schilling Jr., of the Justice Department’s Tax Division and Assistant U.S. Attorney Christopher Huber and deputy chief of the complex frauds section for the Northern District of Georgia  are prosecuting the case.