A 62-year-old resident of Albuquerque, has been sentenced to one year and three months in prison, according to Alexander M.M. Uballez, United States Attorney for the District of New Mexico.
Robert Fiser had previously pleaded guilty on July 11, 2022, to one count of conspiracy and one count of aiding and assisting in the preparation of a false and fraudulent tax return.
At the time of the offenses, Fiser was a registered attorney in New Mexico specializing in tax law and the preparation of federal income tax returns. One of his clients was Victor Kearney. From October 2009 to November 2013, Fiser assisted Kearney in preparing income tax returns for tax years 2007 through 2011. Fiser signed each of these returns, knowing that they did not include taxable income that Kearney received in those years from the Mary Pat Abruzzo-Kearney Testamentary Trust B and C.
On Nov. 20, 2013, Fiser signed amended tax returns for Kearney for tax years 2009, 2010 and 2011 and a tax return for Kearney for tax year 2012, falsely stating on each of them that he had signed on June 1, 2013.
In his plea agreement, Fiser admitted that on Oct. 1, 2014, he sent an email message to Kearney advising him not to contact the Internal Revenue Service (IRS) about the failure to file tax returns. On Sept. 2, 2016, Fiser had a conversation with Kearney about not filing income tax returns. Fiser falsely stated under oath at a deposition on Nov. 4, 2016, that the reason that he and Kearney did not report income from the Mary Pat Abruzzo-Kearney Testamentary Trust B and C in Kearney’s original tax returns for 2008-2011 was that they intended to file amended returns after filing those original returns, though Fiser knew he and Kearney had no intention to do so.
Upon his release from prison, Fiser will be subject to three years of supervised release.
Kearney is currently awaiting trial, scheduled to begin March 6.
IRS Criminal Investigation investigated this case. Assistant United States Attorneys Kimberly A. Brawley and Sean J. Sullivan are prosecuting the case.