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Billionaire alleged tax cheat ruled competent to stand trial

May 26, 2022

Update, Monday, Aug. 8, 2022: Robert J. Brockman died at his Houston, Texas, home on Aug. 5, 2022. That effectively ends federal prosecutors’ criminal tax evasion case against Brockman. Civil tax litigation, however, will continue against his estate.

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The billionaire charged in the largest U.S. tax fraud case ever is one step closer to facing trial.

Robert J. Brockman, the former CEO of Reynolds & Reynolds, a software company for auto dealerships, was indicted on Oct. 1, 2020, on 39 counts of evading taxes on $2 billion of income.

The 20-year scheme, according to the Internal Revenue Service Criminal Instigation unit, also involved alleged wire fraud, money laundering, evidence destruction and tampering, Report of Foreign Bank and Financial Accounts (FBAR) violations, and failure to disclose assets held overseas.

Brockman pleaded not guilty and was released on a $1 million bond.

His attorneys also filed court papers in December 2020 claiming dementia has left the now 80-year-old unable to assist in his defense. During arguments that Brockman be declared incompetent to stand trial on the tax charges, his lawyers added that his condition has been complicated by COVID-19.

Their arguments, however, did not convince the Houston federal judge hearing the pleading.

Malingering, not cognitive decline: “The assessment of intellectual disability is a complicated task — one for which the typical judge, no more than an educated layperson in these matters, is perhaps not best equipped. But it is one that the law assigns us.”

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A younger Robert T. Brockman

That quote, from 2019 Fifth Circuit court ruling, led the memorandum opinion and order of U.S. District Judge George C. Hanks, Jr. in the Brockman competency case.

Hanks, who heard the case in his Houston-based Southern District of Texas courtroom, found that although Brockman suffers from some mental decline, in part because of his Parkinson’s Disease.

“However, the evidence before the Court shows that Brockman is also an extremely intelligent person with both a high cognitive reserve and history of malingering for secondary gain,” wrote Hanks.

“In other words, Brockman is malingering to avoid prosecution,” the judge added.

Trial to go forward, eventually: Hanks noted that government agents provided “compelling evidence showing that Brockman exaggerated his cognitive symptoms when he was being examined by medical professionals in the past.”

That led to the judge’s May 23 order that, “Accordingly, the Court finds Defendant Robert T. Brockman competent to stand trial.”

UPDATE: June 28, 2022: The judge overseeing Brockman’s case today tentatively set his trial date for Feb. 23, 2023.

Brockman could appeal this decision. His attorneys did not indicate what steps they will take next.

The U.S. government, obviously, is anxious to go to trial. Jim Lee, chief of IRS-CI, noted when Brockman’s indictment was announced, that the charges demonstrated “a pattern of greed and cover-up on a scale that I have not seen in my 25+ years as a Special Agent.”


 

Tied to another big tax evasion case: Prosecutors will be helped by testimony from income another Texas billionaire, Robert F. Smith. Smith, founder of Vista Equity Partners, entered into a non-prosecution agreement in October 2020.

Federal law enforcement officials say Smith was involved in a 15-year illegal scheme in which he concealed more than $200 million in income and evaded taxes by using offshore trusts and bank accounts.

Investigators allege that most of the income Brockman failed to pay taxes on came from investments in Smith’s firm.

You also might find these items of interest:

 

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TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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