Former Baltimore Police Commissioner Darryl De Sousa Sentenced to Federal Prison for Failing to File Tax Returns

Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced former Baltimore Police Commissioner Darryl De Sousa, age 54, of Baltimore, Maryland, today to 10 months in federal prison, followed by one year of supervised release, for three counts of failing to file individual federal tax returns.  Judge Blake also ordered DeSousa to perform 100 hours of community service, and ordered him to pay restitution in the full amount of the government’s loss, which is $67,587.72.  Counting payments already made, the amount still owed is $60,645.11.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.

“As a law enforcement officer, Darryl DeSousa knew that he had a duty to file tax returns.  His failure to file was a crime – not an oversight,” said U.S. Attorney Robert K. Hur.  “Corrupt public employees rip off the taxpayers and undermine everyone’s faith in government.”

“This investigation confirms the principle that no one is above the law,” said Acting FBI Baltimore Special Agent in Charge Jennifer L. Moore. “The FBI will continue to work tirelessly to make sure those in a position of power uphold the law and are held to the highest standards.”

“IRS-CI works hard to ensure faith in our tax laws,” said Kelly Jackson, IRS-CI Special Agent in Charge.  “The prosecution of those who willfully violate their known duty of filing and paying their fair share is a vital element of the IRS’ enforcement strategy.”

According to his plea agreement, De Sousa was employed by the Baltimore Police Department beginning in 1998.  De Sousa announced his resignation from BPD on May 15, 2018.  On June 10, 1999, De Sousa submitted an Employee’s Withholding Exemption Certificate (W-4) to the City of Baltimore falsely claiming nine allowances for both federal and state tax purposes.  By virtue of this claim, De Sousa substantially reduced the amount of taxes withheld from his salary each year.  When he filed his federal and state income taxes for calendar years 2008 through 2012, he falsely claimed deductions to which he was not entitled, including for unreimbursed employee expenses when he had no such expenses, mortgage interest deductions and deductions for local property taxes when he did not have a mortgage or own any real property, and business losses when he did not operate any businesses.  By virtue of these improper deductions, De Sousa fraudulently reduced the amount of taxes he owed to the Internal Revenue Service (IRS) and the State of Maryland.   

De Sousa admitted that for calendar years 2011 and 2012, he did not file tax returns at all and did not do so until 2014.  When he did file returns for those years he falsely claimed unreimbursed employee expenses and donations to charity.  De Sousa also failed to pay penalties and interest on those late-filed returns despite having been told to do so by the IRS.  In addition, as of May 5, 2018, De Sousa had not filed taxes for 2013, 2014, or 2015, despite knowing that he had a legal obligation to do so.  By virtue of the nine allowances he falsely claimed, De Sousa also owed additional money to the United States and the State of Maryland in each of those years, as he also knew.

As a result of De Sousa’s actions, the total combined tax due to the United States and to the State of Maryland is $67,587.72.

United States Attorney Robert K. Hur commended the FBI and IRS-CI for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Leo J. Wise, Derek E. Hines, and Sean R. Delaney, who prosecuted the case.

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