FOLLOW US

America June 11, 2024 4 mins read

Michael Kohn Tax Fraud Case: Attorney and Insurance Agent Seek Acquittal

America ı By Rihem Akkouche

0 Comments

Michael Kohn Tax Fraud Case

A St. Louis attorney, Michael Kohn, convicted alongside his daughter and a North Carolina insurance agent, David Shane Simmons, requested acquittal on Tuesday in their $4 million tax fraud case. They argued that the supposedly false statements on tax returns were actually accurate.

Michael Kohn Tax Fraud Case: Legal Motions Filed

In separate motions in the Western District of North Carolina, Michael Kohn and David Shane Simmons sought to overturn their guilty verdicts for conspiring to defraud the federal government and aiding in the filing of false tax returns. Alternatively, they requested a new trial, citing alleged flaws in the prosecution's case that they claim biased the jury.

The core of the case involved the alleged filing of false tax returns. However, Kohn and Simmons argued that the line numbers for total income on these returns, which prosecutors claimed were false, were actually correct.

"The fatal problem for the government's case as to these counts is that the representations on the allegedly false line numbers are literally true," Kohn and Simmons stated in their briefs.

Trial Background and Verdict

Michael Kohn, founding partner of The Kohn Partnership LLC, was found guilty after a nine-day trial in April. He faced one count of conspiring to defraud the government and 16 counts of aiding in the filing of false tax returns. His daughter, Catherine Elizabeth Chollet, a junior partner at the firm, was convicted of the same conspiracy charge and 13 counts of aiding in the filing of false tax returns.

Simmons, an insurance agent from Jefferson, North Carolina, was convicted on the conspiracy charge, 11 counts of aiding in the filing of false returns, and five counts of filing false tax returns for himself between 2016 and 2020.

Michael Kohn Tax Fraud Case: Scheme Details

According to trial testimony, Kohn and Chollet restructured their clients' businesses as limited partnerships with a charitable organization to reduce taxable income, a tactic they termed the "gain elimination plan." Instead of distributing income to the nonprofit, clients were advised to collateralize the debt with a substantial life insurance policy, often facilitated by Simmons, prosecutors alleged.

Kohn, Chollet, and Simmons were accused of attracting clients to this scheme by amending their tax returns with inaccurate deductions, leading to significant tax savings.

Legal Arguments for Acquittal

Kohn and Simmons' recent briefs reiterated their previous arguments for acquittal, claiming the reported financial figures on the disputed tax returns were "literally true" as per IRS instructions.

For instance, in Form 1040s prepared by The Kohn Partnership for clients, Kohn stated he followed the form's instructions to calculate total income as defined by the IRS.

Kohn also argued that the alleged criminal activities occurred in the Eastern District of Missouri, not North Carolina, challenging the venue's appropriateness. Additionally, he contended that mentioning his 20-year-old prior tax fraud conviction was prejudicial and unconstitutional.

"Because the jury heard about Kohn's prior conviction, an unacceptable risk was created that the jury convicted him in this case not based on the evidence, but due to his past conviction," he argued.

Simmons argued that prosecutors provided no evidence of his involvement in filing the false tax returns and criticized the court's exclusion of his defense that he relied on legal advice.

"Simmons is just an insurance broker," Tuesday's brief stated. "He is not now, and has never been, a CPA or tax attorney or a person who prepares tax returns for others."

Final Arguments and Representation

Both Kohn and Simmons argued that prosecutors improperly modified the indictment at the close of evidence, which should not have been allowed.

Defense counsel for Kohn and Simmons and a spokesperson for the U.S. Attorney's office did not immediately respond to requests for comment on Tuesday.

Kohn is represented by Justin K. Gelfand, Joseph A. DiRuzzo III, and Gregory P. Bailey of Margulis Gelfand LLC, and Mark Patrick Foster Jr. of Foster Law Offices. Simmons is represented by Amiel J. Rossabi of Rossabi Law PLLC. Chollet is represented by Joseph H. Low IV of the Law Firm of Joseph H. Low IV and Phillip Stackhouse of Stackhouse Law Firm Ltd.

Previous Article

Fifth Circuit Rejects Rule on AI-Drafted Documents

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 02, 2026
SNAP Cost Shift Sends a Bigger Bill to States and Counties
By – Michallie Harrison
America October 02, 2026
Kaiser Permanente Layoffs Eliminate 147 Jobs Across California
By – Rachel Moore
America October 2, 2026
Nexfibre’s $2.7B Deal Faces U.K. Competition…

The U.K. competition regulator has raised a major red flag…

By – Tyler Brooks
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 2, 2026
Visa Mastercard Antitrust Suit Targets Card…

A San Diego pizza restaurant has taken aim at two…

By – Tyler Brooks
America October 2, 2026
Operation Epic Fury: Trump Warns Iran…

Operation Epic Fury remains central to the Trump administration’s account…

By – Jackie Allen
America October 2, 2026
Capitol Police Plaque Lawsuit Dismissal Ends…

Sometimes a legal fight isn’t about the money or the…

By – Tyler Brooks
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America October 2, 2026
Halle Berry Hit with Temporary Restraining…

What the Court Order Signals A Los Angeles judge granted…

By – Samuel Lopez
America October 2, 2026
Killed by in-laws: New York Times…

Jonathan McKinsey, 40, was killed by his elderly in-laws. They…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
Lyft $272.5M Settlement Marks California’s Largest…

Some settlements fade quietly into legal history. This one is…

By – Tyler Brooks
America October 1, 2026
Google Launches Project Suncatcher, Betting on…

Sometimes the boldest ideas start small — in this case,…

By – Tyler Brooks
America October 1, 2026
JPMorgan Executive Renews Countersuit After Ex-Banker’s…

The “sex slave” allegations involving JPMorgan Chase executive Lorna Hajdini…

By – Jackie Allen
America October 1, 2026
Diesel Crisis: Louisiana Relief Meets New…

Louisiana’s diesel crisis has entered October with emergency relief still…

By – Michallie Harrison
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America September 29, 2026
Clone Saga could replace Spider-Noir as…

The Clone Saga could be coming to television as Sony…

By – Jackie Allen
America September 29, 2026
Unabomber: Russell Crowe true-crime thriller surges…

“Unabomber,” Netflix’s new true-crime drama starring Russell Crowe and Jacob…

By – Jackie Allen
America September 29, 2026
Cornell University case draws renewed scrutiny…

ITHACA, N.Y. — A key piece of evidence in the…

By – Jackie Allen
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 30, 2026
Oklahoma Judge Strips Secrecy From 11…

Inside the Hursh Courtroom Showdown A judge removed the confidential…

By – Samuel Lopez
America September 30, 2026
AI Is Creating New Losses Faster…

What Policyholders Need to Know Deepfakes and misinformation dominate reported…

By – Samuel Lopez
America September 30, 2026
California ‘Kelvin Wave’ Phenomena Could Supercharge…

What Coastal Homeowners Need to Know A massive El Niño-linked…

By – Samuel Lopez
America September 30, 2026
Queen and David Bowie’s Copyright Dispute…

What the Copyright Record Actually Shows Queen and David Bowie…

By – Samuel Lopez
America September 30, 2026
Wladimir Klitschko Moves to Protect Daughter…

What the Court Filing Reveals Klitschko wants immediate legal authority…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 26, 2026
Princess Diaries Star Heather Matarazzo Says…

WHY THIS MATTERS Heather Matarazzo just admitted something most working…

By – Samuel Lopez
America September 24, 2026
California’s $11 Billion Undocumented Immigrant Benefits…

By Samuel López | USA Herald SACRAMENTO – California is…

By – Samuel Lopez
America September 22, 2026
Hayden Panettiere’s Cause of Death Confirms…

What the Toxicology Findings Tell Us Hayden Panettiere’s death has…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter