Date: April 25, 2023 Contact: newsroom@ci.irs.gov Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Albert Childress, Special Agent in Charge, IRS Criminal Investigation, announced today that David Wellington pled guilty to conspiracy to defraud the United States. Wellington, of Albuquerque, will remain on conditions of release pending sentencing, which has not been scheduled. According to the plea agreement and other court documents, in 2005, Wellington and his business partner, Stacy Underwood, of Albuquerque, established National Business Services, LLC, a business that was involved in the promotion, sale, and creation of Limited Liability Companies under New Mexico state law. Through the LLC, Wellington and Underwood created LLCs in New Mexico for their clients, obtained Employer Identification Number (“EIN”) from the IRS, and opened bank accounts in the names of the LLCs, allowing their clients to remain anonymous. Between 2005 and 2015, Wellington and Underwood organized at least 192 LLCs in New Mexico and opened at least 114 bank accounts. In 2006, Wellington and Underwood created three LLCs in New Mexico for Jerry Shrock, of Meadowview, Virginia. Underwood was listed as the “Organizer” and National Business Services, LLC as the initial registered agent for all three. In 2011, Underwood opened a bank account for one of the LLCs and provided Shrock with online access to the bank account and a book of pre-signed checks with her signature. Between 2011 and 2015, $4,875,940 was deposited into and withdrawn from the bank account. At the time of the deposits and withdrawals, Shrock had an outstanding IRS assessment for unpaid taxes, penalties, and interest in the amount of about $1 million. Shrock never filed personal or business tax returns with the IRS reporting the income in the LLCs bank account, allowing Shrock to generate and deposit income while evading the outstanding assessment and personal and business taxes on the income. Under the terms of his agreement, Wellington faces up to 5 years in prison followed by up to 3 years of supervised release. Stacy Underwood pled guilty to conspiracy on Oct. 21, 2022, and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of her agreement, Underwood faces 5 years in prison followed by up to 3 years of supervised release. Jerry Shrock pled guilty to conspiracy on Nov. 28, 2022, and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of his agreement, Shrock faces up to 5 years in prison followed by up to 3 years of supervised release. The IRS Criminal Investigation Phoenix Field Office investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.
