Florida

President of ‘We Build the Wall’ sentenced to 51 months in federal prison

PENSACOLA, Fla. — Brian G. Kolfage, 41, of Miramar Beach, Florida, was sentenced to four years in federal prison after pleading guilty to crimes relating to the filing of his 2019 federal income taxes and a guilty plea to conspiracy to commit wire fraud charges for defrauding donors to “We Build the Wall.”

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“We Build the Wall” is a nonprofit organization founded in 2019 by Kolfage that solicits donations to build private sections of the wall along the U.S. and Mexico border. The sentence was announced by Jason R. Coody, U.S. attorney for the Northern District of Florida.

“The United States relies on the honest payment of taxes to defend our country and maintain its operations,” stated Coody. “With the assistance of our dedicated law enforcement partners, we are committed to investigating and prosecuting those who falsely misrepresent their income, whether by traditional evasion or the filing of fraudulent documents to further their criminal schemes. This sentence should serve as a significant deterrent to such illegal conduct.”

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Court documents show that Kolfage pled guilty to three federal charges related to filing false income tax returns for the tax year 2019. With this plea, Kolfage admitted, under oath, that between January 2019 and July 2020, he engaged in a scheme to defraud the U.S. in relation to his 2019 federal income tax returns.

Kolfage admitted illicitly receiving hundreds of thousands of dollars from multiple organizations during 2019, including We Build the Wall, Inc., which were deposited into his personal bank account. Kolfage failed to report this income to the Internal Revenue Service.

Upon learning of an investigation into his federal income taxes, Kolfage then filed amended tax returns for 2019 that were also false. These amended tax returns continued to fraudulently fail to report income deriving directly and indirectly from “We Build the Wall.” Kolfage spent his unreported income on things such as personal boat payments, a luxury SUV, jewelry and cosmetic surgery.

“Mr. Kolfage deliberately and egregiously side-stepped his legal duty to pay taxes when he devised an elaborate scheme to hide income from his non-profit organization, ‘We Build the Wall,’” said IRS-CI special agent in charge Brian Payne. “Kolfage repeatedly falsely claimed he would not take a salary and preyed on the generosity of hundreds of thousands of donors through his vast online fundraising scam. Today’s sentencing should serve as evidence that this type of blatant disregard for the rules and obligations that govern non-profit fundraising will not be tolerated.”

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Kolfage’s federal prison sentence will be followed by three years supervised release, and he will also be required to pay restitution to the USA, in the amount of $143,003 for his tax crimes, along with millions of dollars’ worth of forfeiture and restitution for his scheme to defraud “We Build the Wall” donors.

“Mr. Kolfage deliberately and intentionally preyed on the hearts and pocketbooks of hardworking Americans as a way to fund his own lavish lifestyle,” said Sherri E. Onks, special agent in charge of FBI Jacksonville. “The FBI and our law enforcement partners will not tolerate this type of blatant fraud against unwitting donors, and this sentencing should serve as a warning to those who attempt to take advantage of others.”

The Northern District of Florida case was investigated by the IRS–CI, the FBI and the Office of Agricultural Law Enforcement of the Florida Department of Agriculture and Consumer Services. The case was prosecuted by assistant U.S. attorney David L. Goldberg along with prosecutors in the Southern District of New York.