Wayzata businessman pleads guilty to failing to pay nearly $400K in state taxes

WAYZATA, Minn. (FOX 9) - A Wayzata man has pleaded guilty to failing to file and pay state income taxes, according to a court petition filed in Hennepin County District Court. 

Details of the plea and agreement 

What we know:

Kevin Patrick Mullen, a popular Twin Cities real estate agent, admitted in court that he did not file a tax return or pay Minnesota individual income tax for the year 2019. He faced a total of 10 felony charges — five for failing to file returns and five for failing to pay taxes — but as part of a plea agreement, he pleaded guilty to two gross misdemeanor charges, one for each offense in 2019. 

The agreement with prosecutors includes a stay of execution of his sentence, probation for up to 24 months, and 90 hours of community work service. 

Mullen also agreed to cooperate fully with the Minnesota Department of Revenue in the audit, determination and payment of all taxes, penalties and interest related to the case.

The backstory:

Mullen, a Wayzata resident, was charged under Minnesota law for failing to file and pay state income taxes for five years, totaling nearly $400,000. The plea agreement covers only the 2019 tax year, with the remaining eight felony counts dismissed by the court. The petition details that Mullen was made aware of the evidence against him, including physical evidence, statements, and identification evidence, and that he waived his rights to a trial and to require favorable witnesses to testify on his behalf. 

He also acknowledged understanding the possible penalties, including a maximum sentence of five years in prison for the original felony charges, and that his plea could affect his probation or parole status.

The Hennepin County Attorney's Office released the following statement to FOX 9 after Mullen's guilty plea.

"Deterrence is far more effective in white collar crime due to the planning and thought that goes into committing these offenses. Prosecution deters tax fraud and makes clear that the victim of tax fraud is not the government - our communities pay the price."