Former Luzerne County Attorney Sentenced to Prison for Tax Evasion

A Florida man was sentenced today to 48 months in prison for tax evasion in connection with substantial legal fees he earned.

The following is based on court documents and statements made in court: Robert J. Powell, of Palm Beach, Florida, and formerly of Pennsylvania, carried out his tax evasion scheme by using nominee bank accounts, causing an accountant to file a request for a filing extension that falsely reported zero estimated tax liability for 2016, and by making false statements during a subsequent IRS audit.

After his suspension and disbarment from the practice of law, Powell retained the right to collect a portion of future fees collected by his former firm for representing thousands of plaintiffs in a mass tort litigation that settled for approximately $5.15 billion in 2015. Powell’s firm was expected to receive approximately $120 million in attorneys’ fees from that settlement.

Before those attorneys’ fees were disbursed, Powell’s firm used the fees as collateral to obtain a series of loans totaling over $125 million. Instead of depositing the loan proceeds into firm bank accounts and using them to pay firm expenses, Powell directed the loans to nominee bank accounts under his control. He then used the loan proceeds to pay his personal debts and expenses, as well as for the personal benefit of his former law partner and himself.

In June 2016, most of the attorneys’ fees were finally disbursed and the loans repaid. Powell did not file a personal income tax return and pay taxes on those fees, even though he personally received an additional $3.6 million of the fees.

For the tax years 2010 through 2022, Powell did not file personal tax returns even though he earned income during each of those years and was required to file.

In 2019, the IRS audited Powell. During the audit, Powell made false statements in an attempt to conceal his income and expenditures. Specifically, Powell falsely informed the IRS that his only source of funds were loan advances, he and his spouse did not have signature authority or control over other bank accounts, and he had no ownership in any corporations. All of these statements were false.

In addition to his prison sentence, U.S. District Judge Malachy E. Mannion for the Middle District of Pennsylvania ordered Powell to serve three years of supervised release and to pay $3.5 million in restitution to the United States and a $100,000 fine.

Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division and U.S. Attorney Brian D. Miller for the Middle District of Pennsylvania made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorney Alexandra K. Fleszar of the Criminal Division’s Tax Section and Assistant U.S. Attorney Ravi Sharma for the Middle District of Pennsylvania prosecuted the case.