Philly Vertical Farmer Guilty of Wire Fraud, Tax Evasion

A Pennsylvania man pleaded guilty yesterday to wire fraud and tax evasion.

The following is according to court documents and statements made in court: John (Jack) Griffin of Philadelphia was the principal and founder of Second Story Farming Inc., which did business as Metropolis Farms. Second Story Farming had several lines of business, including growing crops in vertical farms to sell to customers, developing sustainable vertical farming technologies, and selling vertical farming systems to customers. Vertical farming refers to a practice of growing crops vertically and in horizontally stacked layers.

In 2017, Griffin, through Second Story Farming, sold vertical farming systems along with the equipment, supplies, materials, and operational instructions necessary to operate them to two companies. Before entering into the contracts, Griffin provided financial projections to them that grossly overstated the anticipated revenues that could be generated by the vertical farms and grossly understated the anticipated expenses necessary to operate the vertical farms. In reliance on the financial projections, the companies each paid Second Story Farming to set up vertical farms for them. Rather than use those funds to provide them with vertical farms, Griffin used most of the money to pay his own personal expenses and operate Second Story Farming’s research and development line of business.

In 2017, Griffin earned income from his work at Second Story Farming. Despite being legally required to file a tax return for that year, Griffin did not do so. Griffin tried to conceal that he received any income in 2017 by, among other things, withdrawing cash and paying personal expense from his business’s bank accounts and transferring funds from his business to his wife, and withdrawing cash from Second Story Farming’s business bank account.

Griffin is scheduled to be sentenced on Oct. 22. He faces a maximum penalty of 20 years in prison on each of the wire fraud charges and a maximum penalty of five years in prison on the tax evasion charge. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney Karen E. Kelly of the Justice Department’s Tax Division and U.S. Attorney David Metcalf for the Eastern District of Pennsylvania made the announcement.

IRS Criminal Investigation, the FBI, and the U.S. Postal Inspection Service are investigating the case.

Trial Attorney Catriona Coppler of the Tax Division and Assistant U.S. Attorney Francis Weber for the Eastern District of Pennsylvania are prosecuting the case.

Public Release. More on this here.