Daily Local News (West Chester, PA)

DOJ charges billionair­e in $2 billion tax fraud scheme

- By JanieHar

SAN FRANCISCO » Federal prosecutor­s charged Texas billionair­e Robert Brockman on Thursday with a $2 billion tax fraud scheme in what they say is the largest such case against an American.

Department of Justice officials said at a news conference that Brockman, 79, hid capital gains income over 20 years through a web of offshore entities in Bermuda and Nevis and secret bank accounts in Bermuda and Switzerlan­d. Prosecutor­s announced that the CEO of a private equity firm that aided in the schemes would cooperate with the investigat­ion.

The 39-count indictment unsealed Thursday charges Brockman, the chief executive officer of Ohio-based software company Reynolds and Reynolds Co., with tax evasion, wire fraud, money laundering, and other offenses.

Prosecutor­s also announced that Robert F. Smith, founder and chairman of Vista Equity Partners, will cooperate in the investigat­ion and pay $139 million to settle his own tax probe. Smith, 57, stunned a senior class last year when he promised to wipe out the student loan debt of the entire graduating class at Morehouse, a historical­ly Black all-male college.

“Complexity will not hide crime from law enforcemen­t. Sophistica­tion is not a defense to federal criminal charges,” said David L. Anderson, U.S. attorney for the Northern District of California. “We will not hesitate to prosecute the smartest guys in the room.”

Brockman appeared in federal court from Houston via Zoom Thursday. He entered a plea of not guilty to all counts and was released on $1 million bond, said Abraham Simmons, spokesman for the Northern District of California.

Prosecutor­s said he used encrypted emails with code names, including Permit, Snapper, Redfish and Steelhead, to carry out the fraud and ordered evidence to be manipulate­d or destroyed.

Brockman, a resident of Houston and Pitkin County, Colorado, is chairman and CEO of Reynolds and Reynolds, a 4,300-employee company near Dayton, Ohio, that sells accounting, sales and management software to auto dealership­s. The software helps set up websites, including live chats with potential customers, find loans and calculate customer payments, manage payroll and pay bills.

Reynolds & Reynolds issued a statement saying the allegation­s were outside Brockman’s work with the company and that the company is not alleged to have participat­ed in any wrongdoing.

Prosecutor­s say that Smith used about $2.5 million in untaxed funds to buy and upgrade a vacation home in Sonoma, California; purchase two ski properties in France; and spend $13 million to buy a property and fund charitable activities at his property in Colorado.

In 2013, a charitable trust set up by Brockman’s late father withdrew a pledged $250 million donation to Centre College, a small liberal arts school in Danville, Kentucky, where Brockman attended class and once served as chairman of the board of trustees.

At the time the school said it was due to a “significan­t capital market event” that didn’t pan out. A spokesman for Reynolds and Reynolds said in 2013 that the event was a proposed refinancin­g deal involving Vista Equity Partners, Smith’s company.

Anderson applauded Smith for stepping up, despite the serious nature of his crimes.

“Smith’s agreement to cooperate has put him on a path away from indictment,” he said.

 ?? ELISE AMENDOLA — THE ASSOCIATED PRESS FILE ?? Billionair­e businessma­n Robert F. Smith speaks after receiving the W.E.B. Dubois Medal for contributi­ons to black history and culture, during ceremonies at Harvard University in Cambridge, Mass., last year.
ELISE AMENDOLA — THE ASSOCIATED PRESS FILE Billionair­e businessma­n Robert F. Smith speaks after receiving the W.E.B. Dubois Medal for contributi­ons to black history and culture, during ceremonies at Harvard University in Cambridge, Mass., last year.

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