San Rafael certified public accountant indicted for filing false tax returns and mail fraud scheme

Date: July 24, 2025

Contact: newsroom@ci.irs.gov

SAN FRANCISCO — A federal grand jury returned a superseding indictment yesterday charging a California man with filing false tax returns, mail fraud, and money laundering.

The following is according to the superseding indictment: Michael M. Gilbert, of San Rafael, filed false tax returns for himself and two business entities he controlled. Gilbert, a certified public accountant since 1985, allegedly underreported the total income his accounting and tax return preparation business, M.M. Gilbert & Company Inc., received during the years 2017 through 2020.

The superseding indictment further alleges that Gilbert solicited payments from clients of M.M. Gilbert for “tax strategies” and “donations,” among other things, which the clients paid to White Mountain Properties Inc., another entity Gilbert controlled. Gilbert allegedly did not report these payments as income on the company’s 2017 through 2021 business tax returns. These payments to White Mountain were allegedly proceeds from Gilbert’s scheme to defraud his clients through the promise of some tax benefit. In fact, the White Mountain funds did not create a tax benefit for Gilbert’s clients, and Gilbert allegedly instead diverted the payments for his own personal enrichment. In 2020-2021, Gilbert is alleged to have transferred more than $5 million from White Mountain to himself and then failed to report that income on his individual tax returns.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. If convicted, Gilbert faces a maximum penalty of 20 years in prison for each count of mail fraud, 10 years in prison for each count of money laundering, and three years for each count of filing a false tax return. Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

U.S. Attorney Craig H. Missakian, Acting Deputy Assistant Attorney General Karen Kelly of the Justice Department’s Tax Division, and IRS Criminal Investigation (IRS-CI) Oakland Field Office Special Agent in Charge Linda Nguyen made the announcement.

Assistant United States Attorney Sara E. Henderson, with the assistance of Marina Ponomarchuk, and Trial Attorneys Julia M. Rugg and Patrick Burns of the Tax Division are prosecuting the case. The prosecution is the result of an investigation by IRS-CI.

IRS Criminal Investigation (IRS-CI) is the law enforcement arm of the IRS, responsible for conducting financial crime investigations, including tax fraud, narcotics trafficking, money laundering, public corruption, healthcare fraud, identity theft and more. IRS-CI special agents are the only federal law enforcement agents with investigative jurisdiction over violations of the Internal Revenue Code, obtaining a 90% federal conviction rate. The agency has 19 field offices located across the U.S. and 14 attaché posts abroad.