Two Physicians Indicted in an Alleged Conspiracy to Defraud the IRS by Concealing Their Income and Filing False Tax Returns

The Federal Bureau of Investigation (FBI) on March 28, 2012 released the following:

“GREENBELT, MD—A federal grand jury has indicted cardiologist Abdul H. Fadul, age 75, and Ali Al-Attar, age 49, a doctor of internal medicine, of Alexandria and McLean, Virginia, respectively, today on charges of conspiracy to defraud the United States by attempting to hide their true income and aiding in the preparation of false tax returns.

The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Eric C. Hylton of the Internal Revenue Service-Criminal Investigation, Washington, D.C. Field Office; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation; and Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services.

“This case should serve as a warning to anyone who is tempted to cheat on their taxes,” said U.S. Attorney Rod J. Rosenstein. “The IRS can and will pursue evidence of tax fraud and bring federal criminal charges.”

According to the indictment, Fadul and Al-Attar held joint ownership interests in nine medical practices located in Maryland and Virginia, with each medical practice having its own bank account. For tax years 2004 and 2005, Fadul and Al-Attar engaged an accounting firm in Maryland to prepare income tax returns for themselves and the joint medical practices. The defendants advised the accounting firm that it was standard practice for each of the joint medical practices to deposit the business receipts it generated, including payments from patients and insurance companies, into its own bank account. On March 26, 2004, Fadul and Al-Attar opened a joint bank account in their own names, into which they began depositing business receipts without telling their accountants.

The five-count indictment alleges that from March 26, 2004 through July 12, 2006, Fadul and Al-Attar conspired to defraud the U.S. by concealing their total income. Specifically, Fadul and Al-Attar deposited a total of over $500,000 in checks from patients and insurance companies for medical services rendered into the joint account in their names, rather than into the bank account of the medical practice that had generated the payment. The defendants then allegedly spent the money on personal items including real estate and other personal investments.

The indictment further alleges that Fadul opened a joint account with his wife and a separate account in his name only, which he then used to deposit payments from patients and insurance companies for services rendered by Fadul at medical practices he owned, including Cardio Vascular Center LLL, which Fadul owned with his wife. Fadul used the funds in both the joint account he owned with his wife and his personal account for his own enjoyment, including a $155,000 payment to the Fisher Island Club in Florida.

Fadul and Al-Attar concealed these personal accounts from the accounting firm, causing the accounting firm to prepare 2004 and 2005 income taxes for the doctors and their wives that fraudulently omitted the income the doctors had deposited into their personal accounts. Fadul and Al-Attar are both charged in the conspiracy and with aiding in the preparation of false tax returns for tax year 2005. Fadul is also charged with aiding in the preparation of false tax returns for tax years 2006 and 2007.

Fadul and Al-Attar face a maximum of five years in prison for the conspiracy. Al-Attar faces a maximum of three years in prison for aiding in the preparation of a false tax return and Fadul faces a maximum of three years in prison on each of three counts of aiding in the filing of false tax returns. No court appearance has been scheduled.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Rod J. Rosenstein praised the IRS-CI, FBI, and HHS Office of Inspector General for their work in the investigation. Mr. Rosenstein thanked Special Assistant United States Attorney Daren Firestone and Assistant United States Attorney David I. Salem, who are prosecuting the case.”

US v Abdul H. Gadul and Ali Al-Attar – Federal Criminal Indictment

18 U.S.C. § 371

26 U.S.C. § 7206

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Douglas McNabb – McNabb Associates, P.C.’s
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