04/08/2009

News / MIDDLETON COUPLE INDICTED ON TAX AND STRUCTURING CHARGES

BOSTON, MA—Middleton couple charged with tax evasion and conspiracy to structure financial transactions in sixty-seven count Indictment.

United States Attorney Michael J. Sullivan, Warren T. Bamford, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Division and Susan M. Dukes, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation - Boston Field Office, announced today that JOSEPH A. PINGARO, JR., A/K/A “JUNIOR, age 53, and his wife, CHRISTINE A. SCOLA, age 50, have been charged in a 67-count Indictment alleging conspiracy to evade taxes, tax evasion, subscribing false tax returns, conspiracy to structure financial transactions and structuring.

The Indictment alleges that, from at least approximately 2001 until at least October 2006, PINGARO and SCOLA transferred millions of dollars from their business, J&J Metals in Roxbury, MA, into the personal checking account of SCOLA at Saugus Federal Credit Union (“SCOLA Account”), and then withdrew large amounts of cash, in structured withdrawals, from the SCOLA Account to pay personal expenses. The Indictment further alleges that the pair did not report this cash as income and instead reported it as falsely inflated costs of goods sold for J&J Metals.

It is alleged that, from at least 2001 to January 2006, PINGARO and SCOLA made structured withdrawals from the SCOLA Account totaling over $3,000,000 in cash, and that most of these cash withdrawals were in amounts just under the $10,000 reporting requirement. Allegedly, PINGARO gave cash to third parties and requested them to purchase bank checks for him in amounts slightly under $10,000 in connection with the purchase of a residence in Middleton, MA in 2004. For example, the Indictment alleges that, in or about October 2004, PINGARO gave approximately $18,000 to an individual and had the individual purchase two bank checks for PINGARO in the amount of $9,000 each, payable to Washington Mutual, in connection with the purchase of a residence for the defendants.

PINGARO and SCOLA are each charged with: one count of conspiracy to defraud the United States for the purpose of impeding, impairing and obstructing the Internal Revenue Service in the assessment and collection of income taxes; four counts of tax evasion; four counts of making and subscribing false tax returns; one count of conspiracy to structure cash transactions to avoid currency reporting requirements; 56 counts of structuring; and forfeiture allegations referred to above.

If convicted, each of the defendants are facing: a maximum sentence of 5 years imprisonment to be followed by 3 years of supervised release and a fine of up to $100,000 on each of the conspiracy and tax evasion charges; 3 years imprisonment, to be followed by 1 year of supervised release and a fine of up to $100,000 on each of the making and subscribing false tax return charges; 10 years imprisonment to be followed by 3 years of supervised release and a fine of up to $500,000 on the structuring conspiracy charge; 5 years imprisonment to be followed by 3 years supervised release and a fine of up to $250,000 on each of the substantive structuring charges.

In addition, the Indictment alleges that, upon conviction of structuring charges, PINGARO and SCOLA face forfeiture of over $3,000,000, including $355,032 in United States currency seized on July 16, 2006, from 12 Jones Road, Middleton, MA, as well as the property located at 12 Jones Road, Middleton, MA.

The case is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service. It is being prosecuted by Assistant United States Attorneys in Sullivan’s Organized Crime Unit.

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