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CPA Guilty; Helped Client Avoid $4.7M Taxes

Marc Howard Berger, CPAA Walnut, Creek, Calif.-CPA has been convicted for preparing tax returns that helped a client avoid paying $4.7 million in taxes over three years. Marc Howard Berger, 67, was found guilty of preparing 1040s for the years 2011, 212 and 2013 which enabled G.  Steven Burrill to pay no income taxes from 2009 through 2013.

Burrill, was the owner and CEO of Burrill & Company, Burrill Capital, and several related entities.  He pleaded guilty on December 7, 2017 to one count of investment-adviser fraud and one count of tax evasion and faces a maximum sentence of five years in prison.

Berger was a CPA and partner with a regional tax preparation firm, Burr Pilger Mayer. According to evidence presented during a three-week jury trial, one of Burrill’s funds was a $283 million Burrill Life Sciences Capital Fund III, L.P. Between December 2007 and September 2003, he transferred more than $18 million from the fund which were in excess of allowable management fees.

Berger prepared the false income tax returns, which enabled Burrill to avoid paying taxes on the $18 million.  Berger was charged with three counts of aiding and assisting in the preparation of a false tax return and faces a maximum of three years in prison for each count. 

The two are also subject to periods of supervised release, restitution, and monetary penalties.

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