US v. Drachenberg, No. 09-3114

Conspiracy to Defraud U.S. Conviction Affirmed

In US v. Drachenberg, No. 09-3114, the court affirmed Defendant's conviction for conspiracy to defraud the U.S., holding that the U.S. government had jurisdiction to prosecute defendant in New York for actions taken in furtherance of a conspiracy to evade income taxes, and defendant's tax protestor arguments were frivolous.

As the court wrote:  "This case was commenced on April 12, 2007, by indictment charging Richard R. Drachenberg's wife, Patricia O'Connor, with five counts of violating 26 U.S.C. § 7201 for, inter alia, failing to pay income taxes for calendar years 2000 through 2004, and charging both Drachenberg and O'Connor with one count of violating 18 U.S.C. § 371, for conspiracy to defraud the United States. The conspiracy charges arose from Drachenberg's participation in the creation of two entities, "Universal Solutions" and "Golden Eagle d/b/a The Angelica Group," both of which were designed to collect and conceal Drachenberg and O'Connor's income at different points from 1996 to 2007."

Related Resources

• Read the Second Circuit's Decision in US v. Drachenberg, No. 09-3114