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Camas accountant Drew K. Miller, a longtime associate of Vancouver real estate developer Dean Kirkland, has agreed to plead guilty to charges that he willfully failed to pay federal income taxes.
Federal prosecutors had accused Miller of failing to pay the full amount of income tax he accrued from 2008 to 2016. In five of those years, he failed to file a return.
Miller initially pleaded not guilty, but last week changed his plea to a plea deal in which he admitted that the failure to pay taxes cost the government $147,076, according to court documents.
The change of plea agreement was filed in the U.S. District Court for Western Washington in Seattle on July 21.
Kirkland has been building shopping centers and hotels around Clark County for years. Outside investors in a number of these projects have sued Kirkland, and in some cases Miller, claiming they were not treated fairly.
Miller has worked with Kirkland since 2006. He is listed as a managing member of several limited liability corporations that oversee Kirkland projects. Incidentally, Miller is the manager of Kirkland Place Hotel Holdings, which is building a mixed-use retail and hotel project at Cedar Mill.
Miller and Kirkland’s wife, Christine Kirkland, are members of the Hillsboro Development Group West.
No charges have been filed against Kirkland. In fact, he became one of the most important and high-profile developers in Southwest Washington.
In recent years, Kirkland has taken on much larger and more ambitious projects. He is the developer behind the Kirkland Tower and Hotel Indigo on Vancouver’s waterfront.
As part of his plea agreement, Miller agreed to help the feds with any investigation into assets in which Miller has a financial stake.
“The defendant agrees to cooperate fully with the United States investigation by identifying all property in which the defendant had an interest … including those held by a spouse, nominee or third party,” the plea agreement said.
Prosecutors sometimes agree to plead no jail time in exchange for a guilty plea. Apparently, this is not the case with Miller.
Prosecutors agreed to argue to the judge that Miller deserves credit for “taking responsibility,” which often reduces the length of a sentence.
Ultimately, the trial judge, not prosecutors, will determine the sentence.
The U.S. attorney’s office also agreed that in exchange for the plea, it would refrain from charging Miller with additional tax-related charges.
Moreover, the lawyers of the Ministry of Justice did not promise anything. “The United States reserves the right to prosecute the accused for any crime based on any other investigation…including any fraud committed on a person or entity other than the United States.”
Miller was charged in October 2019. He failed to appear for a scheduled arraignment on December 2 of that year and was arrested four days later.
Miller was the chief financial officer of Kirkland Development and many other Kirkland companies, according to court documents.
Miller was paid at least $120,000 a year. He also received a car allowance and a share of profits from Kirkland’s real estate development, according to federal filings.
Kirkland, who was also interviewed by investigators, said Miller is a “1099 employee,” a tax status that includes independent contractors. As a result, the Kirkland Companies have not withheld any federal income or employment taxes.
From 2008 to 2016, the government alleges Miller failed to file any tax returns in five of those years and failed to pay the full amount owed in another four.
The IRS audited his returns and put him on a payment plan to cover the back taxes. In 2013, Miller stopped making payments on that plan, according to the indictment.
In early 2013, Miller allegedly stopped depositing his checks at the bank. Instead, he cashed them or bought cashier’s checks, prosecutors said.
Andrew Friedman, the assistant U.S. attorney who prosecuted Miller, declined to comment.
Heather Carroll, the federal public defender in Tacoma representing Miller, also declined an interview request.
Miller’s sentencing hearing is scheduled for Oct. 17.
— Jeff Manning
971-263-5164
jmanning@oregonian.com
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