Feds: Rapper should spend five years in jail on tax charge

Rapper DMX whose given name is Earl Simmons, leaves federal court in Manhattan in August. Credit: AP / Larry Newmeister
Prosecutors told a Manhattan federal judge on Friday that they want Earl Simmons, the rap star known as DMX, imprisoned for 57 to 60 months for tax evasion when he is sentenced next week.
Simmons pleaded guilty in December to evading taxes of $1.7 million. He had his bail revoked in January for repeatedly violating drug-treatment conditions and is currently in jail.
The government said Simmons blatantly ignored his tax obligations and evaded IRS collection efforts that began in 2005, and had shielded income of over $2.3 million from 2010 to 2015 through a “concerted scheme” to deposit his earnings with managers and live off cash from them.
Prosecutors also complained that since pleading Simmons has tried to blame managers and attorneys for his failure to pay taxes. They urged U.S. District Judge Jed Rakoff to “send the message … that star power does not entitle someone to a free pass, and individuals cannot shirk the duty to pay their fair share of taxes.”
Simmons’ lawyers say the government wants to make an example of him in advance of April 15, and argue that instead of prison he should be put on probation with drug treatment and a schedule allowing him to tour and make money to pay his taxes and support his 15 children.
“In that 60 months he could repay his debt,” said Stacey Richman. “Isn’t that preferable?”
The sentencing is scheduled for March 28.
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