Another case of fraud
On May 2, 2022, Katherine asked me to sign a POA (Power of Attorney) to give her CPA the power to act for me to get the tax returns all sorted out. Since it is difficult to get the IRS on the phone, I complied and signed the form and returned it to them.
Recently Katherine reached out by the way of OFW to request I sign and notarize a document so we can receive a past tax refund from 2020 that we are owed. After asking a few questions it was apparent that Katherine was dodging my inquiries and just wanted me to comply without clarification that I would be receiving half of the check.
The last 2 messages went like this:
Me: You were kinda vague. Try to be clear and put it in writing that you will send half to me or you can keep waiting.
Katherine: “I have already learned my work around, so you have the option of responding or not. I am also not going to ask Tylar to confirm your signature, so you can print, sign and get notarized, and drop the form in my mail box. The deadline is on the paperwork. No need to communicate about this issue further.”
Based on the clause in a POA her CPA had me sign, Section 2b, explicitly states that the representative (Katherine, in this case) is not authorized to negotiate or accept payment, including directing refunds into an account they control.
What This Means:
Her Actions Were Unauthorized: If she directed my half of the tax refund into her account or controlled its handling, this directly violated the limitations outlined in the POA.
Potential Legal/Ethical Violations: Using the POA in a way that contradicts its terms could be considered misuse or even fraud.
IRS Reporting: Since this involves federal taxes, I can report this to the IRS as unauthorized use of a POA. They may be able to investigate and possibly recover the funds.
Next Steps:
Contact the IRS: Explain the situation and provide them with a copy of this specific clause from the POA. They will likely take it seriously.
Consult with an Attorney: Given the breach of terms, you may have grounds to pursue legal action to recover the funds.
Gather Evidence: Collect any communications or actions showing how the refund was handled and where the funds were sent.
Yet again, another abuse of power and underestimating my ability to research legal topics.