November 18, 2010
TAX PROTESTER WHO ATTEMPTED TO ISSUE ARREST WARRANT FOR FEDERAL JUDGE SENTENCED TO 27 MONTHS IN PRISON FOR FAILING TO FILE TAX RETURNS
DENVER – Darrell Stoffels, age 59, of Larkspur, Colorado, was sentenced late today by U.S. District Court Judge Christine M. Arguello to serve 27 months in federal prison for failing to file tax returns, United States Attorney John Walsh and IRS Criminal Investigation Special Agent in Charge Christopher Sigerson announced. Stoffels was also ordered to pay $48,317.30 in restitution, and a $6,106.21 fine. Stoffels, who was free on bond, was remanded to the custody of the Bureau of Prisons immediately following the sentencing hearing.
Darrell Stoffels was charged by an Information on March 17, 2010. The government filed a Superseding Information on May 12, 2010. On June 22, 2010, a jury found Stoffels guilty on three counts of failing to file tax returns. The jury deliberated for 15 minutes before returning the guilty verdict. Stoffels issued his own “bench warrant” for Judge Arguello the Friday before the jury trial, according to publicly filed court documents.
According to the Information as well as evidence presented at the trial, during the calendar years 2003, 2004, and 2005 Stoffels, who was a resident of Colorado, had and received gross income of approximately $241,585 for the above stated years. Stoffels failed to file income tax returns with the IRS for those years. Stoffels was required by law to file income tax returns with the IRS, following the close of each calendar year on or before April 15 of the following year.
Specifically, Stoffels had and received gross income of approximately $72,072, $83,282, and $86,231 in 2003, 2004, and 2005, respectively. Well knowing and believing, Stoffels did willfully fail to file, on or about April 15 of each of the following years, in the District of Colorado and elsewhere, an income tax return with the Internal Revenue Service.
Evidence presented during trial established that Stoffels has run a business called Life Enhancement Resources Health Ministry since the early 1990s. Through this business, defendant Stoffels sold nutritional supplements. As part of his business, Stoffels advertised, had a business website, and gave hour-long presentations about nutrition at seminars that were attended by some of his customers. Based on a customer phone list dated 2004, Stoffels had approximately 330 customers as of 2004. In credit applications that Darrell Stoffels filled out to buy and lease vehicles in 2004 and 2006, Stoffels stated that his gross monthly income was $25,000, which would be $300,000 annually.
At the sentencing hearing, the government presented evidence that the tax loss resulting from Darrell Stoffels’s failure to file a tax return in 2002 should be included as part of the tax loss and that Stoffel’s relevant conduct spans the entire period of time that he has continuously failed to file income tax returns, from 1980 through 2009.
This case was investigated by Special Agents with IRS Criminal Investigation. The case was prosecuted by Assistant U.S. Attorneys Pegeen Rhyne and Tonya Andrews.
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