A woman from Nevada involved in defrauding the United States of tens of millions of dollars’ worth of COVID-19 pandemic tax credits has pleaded guilty in the case, according to the U.S. Department of Justice (DOJ).
The paid sick and family leave credit was offered to reimburse businesses for wages they paid to workers who were on sick or family leave and were unable to work.
In total, the fraudulent claims sought more than $98 million in refunds, of which the IRS paid out roughly $33 million, according to the DOJ statement. McCoy received more than $1.3 million in these refunds and received about $800,000 in payments from clients for whom she knowingly filed fraudulent returns, according to the statement.
Sentencing in the case is set for Feb. 23, 2026, with McCoy facing a maximum of 10 years in jail. She will be subjected to a period of supervised release, and have to pay restitution and monetary penalties.
“McCoy knew that these returns were fraudulent. Neither she nor the others for whom she filed them were eligible to receive the refundable credits in the amounts claimed,” the DOJ stated.
“[McCoy] used the proceeds for her personal benefit, including the purchase of luxury cars, gambling at casinos, vacations, and other luxury goods.”
The defendants were accused of having filed more than 8,000 false tax returns claiming COVID-19 pandemic-related employment tax credits, seeking to defraud the United States of more than $600 million.
ERC Fraud
In June 2024, the IRS said a review of ERC applications found that the “vast majority show risk of being improper.”More than 1 million ERC applications were reviewed, representing more than $86 billion in claims.
“The IRS identified between 10 percent and 20 percent of claims fall into what the agency has determined to be the highest-risk group, which show clear signs of being erroneous claims for the pandemic-era credit,” the agency stated.
“In addition to this highest risk group, the IRS analysis also estimates between 60 percent and 70 percent of the claims show an unacceptable level of risk.”
As of May 2024, IRS Criminal Investigation had initiated 450 criminal cases involving potentially fraudulent claims valued at almost $7 billion.
“We want businesses to be aware of common errors our compliance teams are seeing, many of which reflect bad advice coming from promoters,” then-IRS Commissioner Danny Werfel said at the time.
“The IRS continues to urge people with pending claims or previously approved payments to talk to a trusted tax professional rather than a promoter and see if any of these red flags apply to them.”
“Repealing the ERTC is a critical step towards addressing America’s debt crisis,” Sen. Thom Tillis (R-N.C.), one of the lawmakers who introduced the bill, said. “It’s past time to eliminate this fraud-ridden pandemic-era policy so we can concentrate on getting our fiscal house in order.”