The government complaint alleges that Richmond, Black and their businesses -- The Liberty Network, Liberty Estate Planning, The Liberty Institute, Fiduciary Management Group, National Council of Certified Estate Planners, Association for Certified Estate Planning Attorneys, and Eagle Publications Trust -- sell sham trust packages that improperly reduce or eliminate customers' reported federal income taxes.

The suit also seeks to bar the defendants from preparing federal income tax returns and to require them to turn over their customer lists to the government.

According to the complaint filed in the United States District Court in Chicago, Richmond and Black advise and encourage customers to violate federal tax laws by transferring their houses and other assets to sham trusts, which defendants describe as "Pass-Through Technology."  The government alleges that the defendants falsely advise customers that these trusts allow customers to claim deductions for house payments, utilities, and other non-deductible personal expenses.  

The defendants allegedly recruit agents and customers through the Internet and through ostensible "educational" programs conducted by their "Liberty Institute."  The complaint alleges that the Liberty Institute teaches nationwide "certification" courses offering a "Certified Estate Planner" designation.  According to the complaint, Richmond and Black charge customers trust set-up fees of $3,750 and other annual fees for tax return preparation, "trustee services," and secretarial services.  The complaint alleges that Richmond is currently incarcerated.  The IRS estimates the revenue loss from the scheme at more than $9 million annually.

Taxpayers should look for the following warning signs that may indicate an abusive trust promotion:

• promise to reduce or eliminate income and self-employment tax
• deductions for personal expenses paid by the trust
• depreciation deductions for a personal residence
• high fees for trust packages, to be made up by promised tax benefits
• lack of an independent trustee
• use of terms like "pure trust," "constitutional trust," "sovereign trust," "unincorporated business organization," or "common law trust." 

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