Derek Chauvin’s Ex-Wife Sentenced for Minnesota Tax Evasion

On May 12, 2023, Minnesota’s Washington County District Court sentenced Kellie Chauvin, the former wife of Derek Chauvin, based on her recent guilty plea to two counts of aiding and abetting Minnesota income tax evasion.[1]

The sentence was 20 days in jail, three years’ probation and payment of  $37,868 in restitution to cover the unpaid taxes. Rather than being in jail, she can satisfy the time through “sentence to serve,” which often means being part of a supervised work crew or doing some other community work involving physical labor.

On March 17, 2023 Derek Chauvin, based upon his guilty plea, was sentenced by the same state court to a 13-month term that runs concurrent with his state murder sentence plus an order to pay $38,000 in restitution for failure to report state income taxes.

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[1] Walsh, Derek Chauvin’s ex-wife receives 20-day sentence for tax evasion, StarTribune (May 16, 2023). . See also Derek Chauvin’s Ex-Wife Pleads Guilty to Income Tax Evasion, dwkcommentaries.com (Feb. 25, 2023); [Comment:] Derek Chauvin Pleads Guilty to Minnesota Tax Evasion Crimes, dwkcommentaries.com (Mar. 22, 2023).

 

 

 

 

Derek Chauvin’s Ex-Wife Pleads Guilty to Income Tax Evasion

In May 2020, only two days after Derek Chauvin, an ex-Minneapolis police officer, was charged with crimes under Minnesota law for the killing of George Floyd, Kellie Chauvin, Derek’s wife, filed for divorce in Minnesota state court. And in July 2020 the Chauvins were charged in Minnesota state court with nine felony counts of state income tax evasion, underreporting more than $464,000 of income and owing the State of Minnesota nearly $38,000 of state income taxes. Both of them in November 2021 pleaded not guilty to these charges. [1]

On February 24, 2023, Kellie Chauvin, now the ex-wife of Derek, in Minnesota state court pleaded guilty to state felony charges of aiding and abetting false or fraudulent state income tax returns for 2014-19 and not paying such taxes for 2016-18.[2]

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[1] The Chauvins’ personal legal problems were discussed in the following prior posts: Derek Chauvin’s Divorce Petition Raises Questions (July 8, 2020); Chauvin and Wife Now Charged with Minnesota Tax Crimes (July 22, 2020); State Court Rejects Chauvin Divorce Settlement (Nov. 20, 2020); Complications in Derek Chauvin Divorce Case (Jan. 20, 2021); Comment: Court Approves Redacted Chauvin Divorce Agreement (Feb. 4, 2021); Derek Chauvin and Ex-Wife Plead Not Guilty to Tax-Evasion Charges (Nov. 6, 2021).

(2) Hyatt, Derek Chauvin’s ex-wife pleads guilty to tax evasion, StarTribune (Feb. 24, 2023)

Chauvin and Ex-Wife Plead Not Guilty to Tax Evasion Charges 

As a previous  post reported, on July 22, 2020, Derek Chauvin and his then wife Kellie Chauvin were charged with Minnesota felony tax crimes dating back to 2014 for alleged failure to report more than $400,000 in income  and resulting failure to pay $21,853 in Minnesota taxes which  with interest and late filing and fraud penalties then amounted to $37,868. This was done in Minnesota District Court for Washington County, where they then lived. [1]

On November 5, 2021, a Washington County District Court Judge entered pleas of not guilty for the pair after each waived a pretrial hearing in two brief remote court sessions. The next date for a court hearing in the case was set for January 21, 2022.[2]

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[1]  Chauvin and Wife Now Charged with Minnesota Tax Crimes, dwkcommentaries.com (July 22, 2020).

[2]  Olson, Derek Chauvin and his ex-wife plead not guilty to tax evasion, StarTribune (Nov. 5, 2021); Karnowski (AP), Chauvin, ex-wife plead not guilty to tax evasion charges, StarTribune (Nov. 5, 2021).

Chauvin and Wife Now Charged with Minnesota Tax Crimes  

On July 22, Derek Chauvin and his wife, Kellie Chauvin, were charged with Minnesota felony tax crimes dating back to 2014 that allege failure to report more than $460,000 in income — at least $96,000 of that in his off-duty security work. This resulted in their illegal failure to pay $21,853 in Minnesota taxes, which with interest and late filing and fraud penalties, amounts to $37,868.[1]

These charges were filed in Washington County District Court in Stillwater, Minnesota. County Attorney Pete Orput said the investigation of the two “was in the works well before” Derek Chauvin was charged with Floyd’s death. Orput added that his office was contacted in June by the state Department of Revenue officials with what they found, including getting no responses from the Chauvins to letters about no returns having been filed for certain years.

Could these charges also signal possible charges for failure to pay federal income taxes?

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[1] Walsh, Fired Minneapolis officer Derek Chauvin, wife charged with tax crimes, StarTribune (July 22, 2020);  Horner, Derek Chauvin, officer in George Floyd death, charged with felony tax fraud in Washington County, Twin Cities Pioneer Press (July 22, 2020); Ex-officer accused in killing of George Floyd also charged with tax crimes, Wash. Post (July 22, 2020); Read the tax charges against fired Minneapolis police officer Derek Chauvin, StarTribune (July 22, 2020).

 

 

Derek Chauvin’s Wife’s Divorce Petition Raises Questions  

As previously noted, on May 31, six days after the killing of George Floyd and two days after Derek Chauvin was charged with murder and manslaughter for that death, Chauvin’s wife, Kellie Chauvin, filed a divorce petition in the District Court for Washington County, where they lived.[1]

The wife’s petition apparently asked for sole title to the couple’s Minnesota home, currently valued at $273,800, and Florida townhome, currently valued at $226,282. That petition also asked for a  “’fair and equitable division” of personal property, vehicles and all bank, retirement and investment accounts. She neither sought nor offered alimony payments.”

Although Derek Chauvin’s time to respond to the divorce petition has expired without any filing of such a response, it is common in divorce and other civil cases for the attorneys to stipulate to an extension of time to respond to such pleadings.

Some have wondered whether the divorce petition was designed to protect these assets from a subsequent wrongful death lawsuit against Mr. Chauvin by Floyd’s family.

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[1] Xiong, Derek Chauvin’s wife is seeking both of their homes in her divorce petition, StarTribune (July 7, 2020).