The last remaining defendant in a pandemic-related tax fraud investigation costing U.S. taxpayers millions has pleaded guilty.
Christopher Upshaw, aka “Troub,” 26, of Columbus, pleaded guilty to one count of mail fraud on Feb. 4, and faces a maximum of 30 years in prison to be followed by three years of supervised release and a $1 million fine.
The co-defendants Johnathon Swift, aka “JB,” aka “John Boy,” 34; Dontavis Williams, aka “Turk,” 41; and Donterious Sparks, 37, all of Columbus, pleaded guilty to one count of mail fraud on Jan. 21, and face a maximum of 30 years in prison to be followed by three years of supervised release and a $1 million fine.
U.S. District Judge Clay Land is presiding over the case. Sentencing dates will be determined by the Court. There is no parole in the federal system.
“The defendants devised a scheme to illegally obtain millions of dollars in COVID tax credits intended for honest business owners working to sustain their companies and employees during the pandemic, not for fraudsters seeking luxury cars and other indulgences,” said U.S. Attorney William R. “Will” Keyes. “Our office will continue working with our federal law enforcement partners to identify those who cheat taxpayers and ensure they are held accountable.”
“This scheme attempted to steal nearly $17.5 million from programs meant to help struggling workers and small businesses survive the pandemic—not bankroll luxury purchases and personal gain,” said Peter Ellis, Acting Special Agent in Charge of FBI Atlanta “The FBI will aggressively pursue anyone who exploits national emergencies for profit.”
“By pleading guilty to one count of mail fraud, Christopher Upshaw has admitted to unlawfully obtaining funds intended to support legitimate economic recovery efforts,” said Assistant Special Agent in Charge, Lisa Fontanette, IRS Criminal Investigation, Atlanta Field Office. “Protecting taxpayer dollars remains a top priority for IRS Criminal Investigation.”
According to filed court documents and statements made in court, Upshaw registered DOPE! Apparel, LLC with the Georgia Secretary of State’s office on June 26, 2022. Upshaw filed five falsified returns on April 29, 2023, using this business to fraudulently claim COVID-related tax credits, including credits to assist employers with the cost of keeping staff employed and to assist with the cost of employers providing paid sick and family leave wages to employees for COVID-related leave.
As a result of these falsified returns the IRS issued five refunds to Upshaw’s business: $65,990.85, $109,680.76, $64,945.17, $65,328.07, and $105,167.36, totaling $411,112.21. Investigators discovered Upshaw did not have any W-2s filed from 2019 through 2023; there was also no record of Upshaw filing any tax returns for years 2019, 2020, 2022, or 2023, despite claiming COVID related tax credits for 2022. In addition, the Georgia Department of Labor records revealed Upshaw did not file Georgia individual income tax returns for 2020 and 2022 through 2023, nor did the agency have any records whatsoever for Dope! Apparel, LLC, or that Upshaw’s company employed any staff or paid any of the qualified wages or sick and family leave wages that were claimed on the Form 941 returns. Upshaw cashed the checks and used some of the money to purchase a luxury vehicle.
Swift, Williams and Sparks similarly filed falsified tax returns, fraudulently claiming they were entitled to COVID tax credits: Swift obtained $417,095.56; Williams obtained $156,531.74; and Sparks obtained $311,072.55. All three co-defendants used LLCs registered to their names to file false tax returns claiming COVID tax credits they were not entitled to. The four co-defendants received a combined 16 checks totaling $1,295,812.06. The checks were deposited into bank accounts controlled by the defendants or cashed. The total attempted loss was $2,250,423.67.
The defendants also recruited others to participate in this scheme. In exchange for a percentage of the refund, the defendants would electronically file returns on behalf of others. They also assisted some people with establishing a limited liability company and obtaining an EIN number. The defendants submitted over 150 Form 941 returns on behalf of others resulting in an additional total combined attempted and actual loss amount of $15,239,326.17. The total combined attempted and actual loss to federal taxpayers was $17,489,749.80.
