Wife of Phoenix Diversified Commodities Trader Charged with Tax Fraud

Jeffrey H. Sloman, Acting United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office, Daniel W. Auer, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division, Miami Field Office, and J. Thomas Cardwell, Commissioner, State of Florida’s Office of Financial Regulation, announced that defendant Victoria R. Meisner, of Boca Raton, FL, had her initial appearance today before the Honorable U.S. Magistrate Judge Ann E. Vitunac in relation to an Information filed on November 5, 2009 charging her with filing a false tax return, in violation of 26 U.S.C. § 7206(1). The Court set bond for the defendant.

As set forth in the Information, in July, 2005, Victoria Meisner filed a 2003 joint federal income tax return on which she reported total income of $49,626, when she knew that at least $430,000 should have been reported on the return.

As noted at Victoria Meisner’s bond hearing, on September 4, 2009, Meisner’s husband, Michael A. Meisner, pled guilty to a three count Information charging him with mail fraud, in violation of 18 U.S.C.§ 1341, loan application fraud, in violation of 18 U.S.C. § 1014, and tax fraud, in violation of 26 U.S.C. § 7201. According to the Information and written proffer filed with his plea agreement, Michael Meisner, a registered commodity trading advisor, defrauded more than 260 investors in a $37 million fraud perpetrated through a company called Phoenix Diversified Investment Corporation (PDIC). Michael Meisner admitted that approximately $6.8 million in PDIC investor monies were used to support his and his family’s luxurious lifestyle. PDIC investor monies were used to pay for, among other things: the purchase or lease of at least 15 luxury cars, including a  $217,800 2005 Bentley GT and a $152,000 2005 Aston Martin; the purchase or lease of eight luxury Palm Beach county residences, including high-end single-family homes in gated communities and oceanfront condominiums; luxury vacations; private education expenses; country club fees; multiple large-screen televisions and other high-end electronics, luxury clothing and housewares, and a lavish wedding for his daughter held at Mar-A-Lago on Palm Beach.

Michael Meisner is currently scheduled to be sentenced on January 29, 2010 at 1:30 p.m. in front of the Honorable United States District Judge Kenneth A. Marra.

Mr. Sloman commended the investigative efforts of the Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigation Division, and the State of Florida’s Office of Financial Regulation. The cases are being handled by Assistant U.S. Attorney Carolyn Bell.

An Information is only an accusation and a defendant is presumed innocent unless and until proven guilty.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.  Related court documents and information may be found on the website of the United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or http://pacer.flsd.uscourts.gov.