Roger Ver Admits to Misconduct and Enters into Deferred Prosecution Agreement

Roger Ver, an early bitcoin investor known as “Bitcoin Jesus,” entered into a deferred prosecution agreement with the Justice Department to resolve federal tax charges brought against him. Under the agreement, Ver has paid the IRS nearly $50 million in back taxes, penalties, and interest stemming from his willful failure to properly report his bitcoin holdings on tax returns when he expatriated from the United States in 2014. Today, the government has moved to dismiss the indictment against him.

The following is according to the deferred prosecution agreement: Starting in 2011, Ver began acquiring bitcoins. Over the years, he avidly promoted them, even obtaining the moniker “Bitcoin Jesus.” In March 2014, Ver renounced his U.S. citizenship after obtaining citizenship in St. Kitts and Nevis, a process known as expatriation. Due to his net worth, Ver was required to file certain expatriation-related tax returns and to pay taxes on the capital gains on his world-wide assets, including his bitcoins.

In the agreement, Ver admitted that when he filed these returns in May 2016, he did not report all his bitcoins and pay the required capital gains tax on their constructive sale. Ver admitted that his failure to report capital gains from all these bitcoins caused a loss to the United States of $16,864,105. Ver admitted that the understatement of tax caused by his failure to report ownership of all his bitcoins was willful, which is legally defined as the intentional violation of a known legal duty. Accordingly, Ver admitted he owed the maximum penalty available under 26 U.S.C. § 6663 of more than $12 million, as well as interest on the taxes and penalties.

Associate Deputy Attorney General Ketan D. Bhirud of the Justice Department’s Office of the Deputy Attorney General; Acting United States Attorney Bilal A. Essayli for the Central District of California; and Kareem Carter, Executive Special Agent in Charge of the Internal Revenue Service – Criminal Investigation, Washington, D.C. Field Office made the announcement.

“We are pleased that Mr. Ver has taken responsibility for his past misconduct and satisfied his obligations to the American public. This resolution sends a clear message: whether you deal in dollars or digital assets, you must file accurate tax returns and pay what you owe,” said Associate Deputy Attorney General Ketan D. Bhirud.

“Mr. Ver is accepting responsibility for his actions and has agreed to pay a substantial penalty,” said Acting United States Attorney Bill Essayli of the Central District of California. “Every person, whether you’re a millionaire or not, is required by law to pay taxes and we will not hesitate to hold anyone accountable.”

“Today’s resolution demonstrates that there are consequences for those who intentionally conceal their assets and evade their tax obligations,” said Kareem Carter, Executive Special Agent in Charge. “No matter how sophisticated the technology or the asset, IRS-CI will continue to follow the money, ensure compliance, and protect the integrity of our tax system.”

The Cyber Crimes Unit of IRS Criminal Investigation’s Washington, D.C. Field Office investigated the case.

Assistant Chief Matthew J. Kluge and Trial Attorney Peter J. Anthony of the Tax Division, and Assistant U.S. Attorney James. C. Hughes of the Central District of California prosecuted the case.